HomeMy WebLinkAbout890510.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES WITH CHARLES B.
JONES, DBA JONES-WININGER PROFESSIONAL SURVEYORS , INC. , AND
AUTHORIZE CHAIRMAN TO SIGN
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 an Agreement for
Professional Services with Charles B. Jones , dba Jones-Wininger
Professional Surveyors , Inc. , and
WHEREAS, the terms and conditions of said Agreement are as
stated in the Agreement, a copy of which is attached hereto and
incorporated herein by reference, and
WHEREAS , after study and review, the Board deems it advisable
to approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement for
Professional Services with Charles B. Jones, dba Jones-Wininger
Professional Surveyors , Inc . , be, and hereby is , approved .
BE IT FURTHER RESOLVED by the Board that the Chairman he, 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 19th day of
June , A.D . , 1989 .
/)V/RV BOARD OF COUNTY COMMISSIONERS
ATTEST: . /Jt'- ^^ ;VELD COUNTY, COLORADO
Weld County erk and Recorder
and Clerk to the Board C. . Kirby, C airman
N-BY: rint,ce/ ,Sat; ( l Jfo so ,n Pro-Tem
eputy County Cl `J
APPR ED S TO FORM: Gene P.,4.----,-__ AZ
/ ` B ` AZ
George Kegned1
County Attorney ac
Gorddn G ac
890510
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 19th day of
June , 1989 , by and between THE COUNTY OF WELD, STATE
OF COLORADO, by and through its Board of County Commissioners ,
hereinafter called the "County, " and CHARLES B. JONES , d/b/a
JONES-WININGER PROFESSIONAL SURVEYORS, INC. , 713 4th Street,
Greeley, Colorado 80631 , hereinafter called the "Surveyor. "
WITNESSETH:
WHEREAS, Weld County, Colorado, requires certain surveying
work to be performed on its behalf, and
WHEREAS, it is necessary and appropriate that Weld County
obtain the services of a licensed surveyor in order that the
functions of the county surveyor be properly performed, and
WHEREAS, the Board of County Commissioners has reviewed and
accepted the proposal of Charles B. Jones, d/b/a Jones-Wininger
Professional Surveyors , Inc. , to perform those services.
That the Surveyor, for and in consideration of the covenants,
conditions, agreements , and stipulations of the County,
hereinafter expressed, does hereby agree to furnish to the County,
services and materials , as follows, and/or as described on
exhibits attached hereto and incorporated herein.
1 . The services performed by the Surveyor shall include
such services as may from time to time be requested in writing by
the County Engineer or by the Director of Finance and
Administration, which services shall be similar to those services
surveyor may perform for private clients such as preparing
improvements location certificates , establishing lot lines , or
preparing plats for County land use proceedings.
2 . The Surveyor shall , at all times , maintain his
professional land surveyor registration (L.S . #22098) in good
standing and any registration fees or training required to
maintain such licensure shall be at Surveyor ' s own expense.
3 . That Surveyor shall be appointed to the position of
County Surveyor and the Board of County Commissioners agrees to
take appropriate legislative action to designate him as such
pursuant to state statute and the Weld County Home Rule Charter.
However, the scope of the designation of authority shall not be
inconsistent with the scope of Surveyor' s duties as set forth in
this Agreement and Surveyor shall have no powers in excess of
those expressed herein or implied as necessary to carry out his
duties under this Agreement.
Page 1 of 3 Paaes 890510
4 . That the Surveyor shall appoint one surveyor licensed to
practice surveying in the State or Colorado to function as his
Deputy County Surveyor and to carry out the duties of the office
in accordance with this Agreement in his absence or in the event
of unavailability due to conflict. Initially, that person shall
be Kevin R. King, d/b/a King and Associates, 1200 Carousel Drive,
Suite 103 , Windsor, Colorado 80550 , but that designation may be
changed by Surveyor at his discretion provided written notice is
given to the County five (5) days prior to change of designation.
All work performed by the Deputy shall be entitled to compensation
at the same rate as specified herein.
5 . Any survey work pursuant to this Agreement shall be done
only at the direction of the Board of County Commissioners or its
designee and shall be according to a rate schedule to be set
annually by mutual agreement of the parties.
6 . That while Surveyor or his Deputy are acting within the
scope of their duties under this Agreement, they are to be
considered officers of Weld County and as such, are entitled to
insurance or self-insurance coverage for their errors or omissions
or general liability to the same extent allowed by Section
24-10-101 , et seq. , and to the same extent such coverage is
available for any other officer of weld County. The parties agree
that there is no intent to waive any immunities Surveyor may have
either in his professional capacity of as an officer of Weld
County by entering into this Agreement.
7. The Director of Finance and Administration shall be the
liaison with the County Surveyor with regard to amendments to this
Agreement or payments hereunder.
8 . The initial term of this Agreement shall be from July 1 ,
1989 , through and including December 31 , 1990 . This Agreement
shall be renewable to run from January 1 through December 31 of
each year thereafter unless thirty (30) days prior to the end of
the year the parties serve written notice of intent not to renew.
9 . Except as set forth, the provisions pertaining to the
Deputy surveyor, this Agreement may neither be assigned nor
delegated by either party without the prior written approval of
the other party.
10 . Miscellaneous.
A. All notices or payments made or given hereunder shall be
in writing and shall be delivered in person or sent
Certified or Registered Mail , return receipt requested,
with postage prepaid, to the parties at the following
addresses, or to such other further addresses as the
parties may hereafter designate by like notice similarly
890510Page 2 of 3 Pages
sent or delivered: Weld County Board of County
Commissioners 915 Tenth Street, Greeley, Colorado
80631 , with a copy to Weld County Attorney, 915 Tenth
Street, P. O. Box 1948 , Greeley, Colorado 80632.
Charles B. Jones, Jones-Wininger Professional Surveyors,
Inc. , 713 4th Street, Greeley, Colorado 80631 .
B. Governing Law. This Agreement shall be construed in
accordance with, and shall be governed by, the laws of
the State of Colorado.
C. Partial Invalidity. If any provision of this Agreement
are declared by any Court of competent jurisdiction to
be invalid for any reason, such invalidity shall not
affect the remaining portions. On the contrary, such
remaining portions shall be construed and enforced as if
such invalid provision were deleted.
IN WITNESS WHEREOF, the parties have set their hands and
official seals on the date indicated.
y fi THE COUNTY OF WELD, STATE OF
ATTEST: r1AAtld ,n) COLORADO, by and through its
Board of County Commissioners
Weld County Clerk and Recorder By: ,A1/� '' /
and Clerk to the Board B :
Chairm n
,By:
Deputy County lerk
COUNTY SURVEYOR
By:
Charles B Jones
BSCRIRED AND SWORN to before me this �5' day of
, 1989 .
WITNESS my hand and official al . atta
otary Pub is yi �a
My commission expires:40M CXJ af
Page 3 of 3 Pages 590610
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