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HomeMy WebLinkAbout20001276.tiff RESOLUTION RE: APPROVE CONSULTING AGREEMENT FOR WEBSITE DESIGN AND AUTHORIZE CHAIR TO SIGN - GT CONSULTING WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Consulting Agreement for Website Design between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Cooperative Extension Service, and GT Consulting, 4250 West 16th Street, #2, Greeley, Colorado 80634, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Consulting Agreement for Website Design between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Cooperative Extension Service, and GT Consulting be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded.. adopted by the following vote on the 24th day of May, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (24, ® Barbara J.frtirkmeyer, Chair 't rk to the Board /,„,/ 1861 --- ++r / • M. J. eile, Pro-Temr Mgr? rk to he Board --- Vi �� Geor e E. Baxter APP!/ED AS TO F M: / Dale K. Hall —County Attor --- Glenn - d 2000-1276 L'C' . G T CX EX0020 CONSULTING AGREEMENT FOR WEBSITE DESIGN THIS AGREEMENT is made this day of May, 2000, by and between the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, on behalf of the Weld County Cooperative Extension. whose address is 425 N. 15th Ave, Greeley, Colorado 80631, hereinafter referred to as "Extension,"and GT Consulting, whose address is 4250 West 16th #2, Greeley, Colorado 8063-1, hereinafter referred to as "GT Consulting." WITNESSETH: WHEREAS, Extension desires to set up a Website for access to information provided by Extension to the public, and WHEREAS, GT Consulting has a background in Website Design and is willing to provide such services to Extension based on this background through this agreement. NOW, THEREFORE, in consideration of the promises and covenants contained her in. the parties hereto agree as follows: 1. DESCRIPTION OF SERVICES TO BE PROVIDED: Commencing on or about June 1. 2000, or on another date mutually acceptable to both parties, GT Consulting shall provide the Website Design Services (collectively, the "Services") listed as the first item (basic Website design) in the Scope of Services which is attached hereto and referred to herein as "Exhibit A." The Website shall be published through the Colorado State University web host. The manner in which the Services are to be performed and the specific hours to be worked by GT Consulting shall be determined by GT Consulting. GT Consuhing shall work as many hours as may reasonably be necessary to fulfill GT Consulting's obligations under this Agreement. In no event, however, shall the successful completion of the Website extend beyond one-hundred eighty (180) days after commencement of the Services. 2. PAYMENT: Extension shall pay to GT Consulting a fee for the Services to be pro\ided in the amount of$1,500.00. Thirty-percent(30%) of such fee ($450.00) shall be paid upon initiation of such Services. The remaining seventy-percent (70%) of such fee ($1,050.00) shall be paid upon successful completion of the Services. 3. EXPENSE REIMBURSEMENT: GT Consulting shall pay all "out-of-pocket" expenses it incurs in performing the Services, and shall not be entitled to reimbursement for such expenses from Extension. 4. WEBSITE INFORMATION: Extension shall provide to GT Consulting in electronic format all information to be included in the Website. GT Consulting shall not be Page 1 of 4 Pages 2 7/. responsible for the accuracy of manually entered page or"body"text. 5. NEW PROJECT APPROVAL: If the Services require work by which is outside of or not listed in the Services listed in Exhibit A, GT Consulting shall obtain the approval of Extension prior to the commencement of such work. 6. TERM/TERMINATION: This Agreement shall be effective for a period of seven days after the Website is declared completed by GT Consulting. Extension shall review the Website for accuracy and content during the seven (7) days following completion ("Review Period"). If, during the Review Period, Extension sees the need for any changes or modifications to the Website, GT Consulting shall perform such changes or modifications without additional compensation and shall complete the same within ten (10) days after notification of the need for changes or modifications. After the Review Period has ended, GT Consulting will not be bound or required to perform any other services related to this Agreement. However, Extension may thereafter hire GT Consulting to make changes. enhancements, upgrades, modifications and improvements at an hourly rate of$60.00/hour. 7. RELATIONSHIP OF THE PARTIES: It is understood by the parties that in performing the Services, GT Consulting. including its employees, is an independent contractor and not an employee of Extension. Extension shall not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of GT Consulting. 8. INTELLECTUAL PROPERTY: The following provisions shall apply with respect to copyrightable works, ideas, discoveries, inventions, applications for patents, and patents (collectively, "Intellectual Property"): a. Consultant's Intellectual Property: GT Consulting does not personally hold any interest in any Intellectual Property. b. Development of Intellectual Property: Any improvements to Intellectual Property used in the creation of the Website, further inventions or improvements, and any new items o f Intellectual Property discovered or developed by GT Consulting (or GT Consulting's employees, if any) during the term of this Agreement shall he the property of Extension. GT Consulting shall sign all documents necessary to perfect the rights of Extension in such Intellectual Property, including, without limitation, the filing and/or prosecution of any applications for copyrights or patents. Upon request, GT Consulting shall sign all documents necessary to assign the rights to such Intellectual Property to Extension. 9. RETURN OF RECORDS: Upon termination of this Agreement, GT Consulting shall deliver all records, notes, data, memoranda, models, and equipment of any nature that are Page 2 of 4 Pages in GT Consulting's possession or under GT Consulting's control and that are Extension's property or relate to Extension's business. 10. NOTICES: All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: To Extension: Weld County Cooperative Extension Jim Smith 425 N. 15th Ave Greeley, Colorado 80631 To GT Consulting: GT Consulting Gavin McWhorter 4250 West 16th #2 Greeley, Colorado 80634 Such addresses may be changed from time to time by either party by providing written notice to the other in the manner set forth above. 11. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. 12. AMENDMENT: This Agreement may be modified or amended if such amendment is made in writing and is signed by both parties. 13. SEVERABILITY: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 14. WAIVER OF CONTRACTUAL RIGHT: The ftilure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. Page 3 of 4 Pages 15. APPLICABLE LAW: This Agreement shall be governed by the laws of the Stale of Colorado. 14. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties. and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the express intention of the undersigned parties that any person or entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an inc dental beneficiary only. 15. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duly of care which did not previously exist with respect to any person not a party to this Agreement The parties hereto acknowledge and agree that no part of this Agreement is intended lo circumvent or replace such immunities. WH REFORE, the pa 'es hereto have signed this Agreement thi ay of May. 2000. et COUNTY OF WELD, a political ARD OF subdivision of the STATE OF COLO3ADO 'OMMISSIONERS on behalf of Weld County Cooperative L 10:11 . Extension 7f>fi C ' B �G_2J O6 puty Clerk to the Board__ Barbara J. Kirkmeye , Chair 4,4 i � '✓/E Board of County Commissioners of t he County of Weld GT CONSULTING • kP'Qt? `., McWho er O/ SUBSCRIBED AND SWORN tfr lefo ais .' '?day of 2000. BECHLER WITNESS my hand and official / / , l,8` 1_ . op • '" Notar%ublic My commission expires: My Commission Expkn April lit 2004 Page 4 of 4 Pages MAY-23-00 TUE 10:01 AM WELD CTY EXTENSION FAX:9703510415 PAGE 2 GT Consulting PHONE NO, : 970 330 0222 Apr. 25 2000 ti:15AM P1 Services Quote by CT Consulting Jar lveftCounty Cooperative Txtension April 2000 Tstisnated Time to Services Cost Compete Website designed with FrontPage to include the following: • • Pre-designed page odrelahe of your choice with up to 35 pages • Choice of text styles/fonts • r'a 0 Scanned Photographs • Hover Muttons&dynamic animated text 25 • 3 form pages with a-malt response $1500 • Meta tag registration for seardr engine recognition • Site submission to 7 sit engines • uitnited external hypediinks *Mt s',C4ate Oraresa�eaid quanblyof xCm Meal nithISSIntizerom**andfit Mae an;matt than Redstart! M net dd Moose arm . . ... websitettustom designed with frvntPage to indude the following: • Custom designed weshe with up to 15 custom pages • 10 scanned photographs • Custom designed navigation Muttons 25 • Custom domed page banner $1500 • 1 form page with e-mail response • Meta tag registration for search engine reoognllion • site submission to 3 scar h engines • Unranked external hyperinks "7JYsopl4m pmstrafpaa ys h•Rotareabaofrls@mrstabton tin w•brXa You her emart mmvseo,elas**an yars?a 4'.Orelftathetenp naaale: Iff you find datn tiltar a eV not /snout NWetrngaffe mattp'YgRilantlbitweberated "no Trirbintendsd togiterm apemen,idea of Swim cai ooh this price taiga hbnnur'lee te sare not lmhaeeltoteitindMea'litnItinyc Neese reel Ave roatn*ntf,ou/asgg00S 330,0222 EXHIBIT "A" Hello