HomeMy WebLinkAbout871127.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES WITH CHARLES B.
JONES 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 , House Bill 1025 of the 56th General Assembly,
partially effective July 1 , 1987 , contains certain requirements
for review and filing of land survey plats with a county surveyor,
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 has been presented with an Agreement for
Professional Services between Weld County and Charles B. Jones,
dba Jones-Wininger Professional Surveyors , Inc. , and
WHEREAS, the terms and conditions are as stated in said
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 between Weld County and Charles B. Jones,
dba Jones-Wininger Professional Surveyors , Inc . be, and hereby is ,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Agreement.
/ .
l_ f 871127
Page 2
RE: AGREEMENT - JONES-WININGER PROFESSIONAL SURVEYORS , INC.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 24th day of
August, A.D. , 1987 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COU TY, LORADO
Weld County Clerk and Recorder .
and Clerk to the Board Gor o cy rman
BY , ti6Cryk IPI-c 0 / l44 C. . C1 y, P -Tem
Deeuty County Clerk
APPROVED AS TO FORM: Gene R. Brantner
r
EXCUSED
C------->7 /-7 Jacqueline Johnson
ice--, C, li( r2
County Attorney EXCUSED
Frank Yamaguchi
871127
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 24th day of
August , 1987 , 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. , 217 13th
Street, Greeley, Colorado 80631 , hereinafter called the
"Surveyor. "
WITNESSETH:
WHEREAS, House Bill 1025 of the 56th General Assembly,
partially effective July 1 , 1987 , contains certain requirements
for review and filing of land survey plats with a county surveyor,
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
and Associates , 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 be those ,
in general, as required by House Bill 1025 to be codified as
C.R.S . , Section 38-51-107 and 38-51-108 , as more specifically set
forth herein. Surveyor may also perform 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.
Page 1 of 5 Pages 871127
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.
4 . That the Surveyor shall appoint one surveyor licensed to
practice surveying in the State of Colorado to function as his
Deputy County Surveyor and to carry out the duties of the office
in accordance with H.B. 1025 and 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, P. O.
Box 1941 , 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 . Compensation shall be paid on the following basis: Each
land survey plat and right-of-way survey plat reviewed under
C.R.S. , Section 38-51-107 (8) and 38-51-108 , shall be $15. 00 per
review and $10 . 00 for each additional recheck necessary.
6 . Any other survey work 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.
7 . The fee shall be paid monthly for survey and
right-of-way reviews and rechecks based upon the number of
transactions as compiled by the Office of the Weld County Clerk
and Recorder and will be paid thirty (30) days following the close
of each month by warrant sent to the address of the Surveyor set
forth herein. County will not be responsible for determining what
portion of the compensation paid Surveyor should be assigned to
the Deputy Surveyor.
8 . Surveyor agrees to utilize the indexing system and
depository established by the Weld County Clerk and Recorder for
filing of land surveys or right-of-way surveys as set forth in
H.B. 1025 . Weld County agrees to make available to the Surveyor
information regarding the proposed filing and index system prior
to implementation so that Survey may make recommendations , but the
Page 2 of 5 Pages 871127
final decision for the establishment of the system shall be that
of the Weld County Clerk and Recorder.
9 . The parties agree that it was not the intent of
H.B. 1025 , nor is it the intent of this Agreement, that County
Surveyor do title research or a physical inspection in checking
land survey or right-of-way plats. The parties recognize that
that is the responsibility of the parties preparing the plats and
that any requirement of title research of physical inspection is
to be considered outside the scope of the Surveyor' s authority
under this Agreement or under his designation as County Surveyor.
10 . 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.
11 . The Weld County Clerk and Recorder shall be the liaison
with the County Surveyor for all functions relating to H.B. 1025
under this Agreement with the exception of issues related to
amendments to this Agreement or payments hereunder. In all other
cases , the liaison shall be the Director of Finance and
Administration.
12 . The initial term of this Agreement shall be from July 1 ,
1987 , 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.
Further, should Surveyor wish to renew the Agreement, but at
adjusted rates for services, he shall serve notice of his intent
to accept the renewal only at the adjusted compensation rate
thirty (30) days prior to expiration of the term. The County
shall be deemed to have refused to accept the renewal if it does
not serve notice on Surveyor of an intent to accept the renewal
within twenty (20) days .
13 . 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.
Page 3 of 5 Pages 871127
14 . County' s obligation hereunder in any fiscal year shall
be limited to the extent funds are available and appropriated for
any cost of the work, as set forth herein, in excess of the
revenues generated by fees charged for review and filing.
15 . 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 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 and
Associates, 217 13th 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 provisions 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
fully severable and this Agreement shall be
construed and enforced as if such invalid
provisions were deleted.
IN WITNESS WHEREOF, the parties have set their hands and
seals on the date indicated.
•ay 'ruv"� � , , THE COUNTY OF WELD, STATE OF
ATTEST:
COLORADO, by and through its
Board of o Commissioners
Weld County lerk and Recorder
and Clerk to the Bo By:
r c
-By:
eputy County C erk
871127
Page 4 of 5 Pages
COUNTY SURVEYOR
By: G_ /2424--
Charles B. nes
41-
BSCRIBED AND SWORN to before me this 0 day of
, 1987 .
WI ESS my hand and official seal/
Notary PVVVic
My commission expires: 3177c l >41 , a, , (j) `-t& 3 ;
Page 5 of 5 Pages 8711127
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