HomeMy WebLinkAbout20242475.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR 2024 CBOE
INDEPENDENT REFEREE AND AUTHORIZE CHAIR PRO-TEM TO SIGN -
WILLIAM GARCIA
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
for a 2024 County Board of Equalization (CBOE) Independent Referee between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Board of Equalization, and William Garcia, commencing October 1,
2024, and ending November 30, 2024, with further 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 Agreement for Professional Services for a 2024 County Board
of Equalization (CBOE) Independent Referee between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Weld County
Board of Equalization, and William Garcia, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem 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 18th day of September, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to the Board
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Deputy Clerk to the Board
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ounty Attorney
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Kevi. Ross, Chai
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2024-2475
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of
Colorado, by and through its Board of County Commissioners whose address is 1150
0 Street, Greeley, Colorado, 80631 ("County"), and William F. Garcia, with whose
address is Z El o1 'l". 22_ ;. S4. ad, Greg le, co Fct3,i ("Contractor").
WHEREAS, County desires to retain Contractor as an independent contractor to
perform services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services
and is willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1. engagement of Contractor. County hereby retains Contractor, and
Contractor hereby accepts engagement by County upon the terms and conditions set
forth in this Agreement.
2. Term. The term of this Agreement shall be from October 1, 2024, through
and until November 30, 2024, unless extended by a written agreement executed by
both parties.
3. Services to be Performed. Contractor agrees to perform the work of a
Independent Referee, as authorized by CRS 39-8-102, and conduct hearings for real and
personal property tax appeals for the Weld County Board of Equalization (CBOE). The
Independent Referee will conduct appeal hearings as needed, and perform other tasks
as requested to assist the CBOE in accomplishing its statutory duties. The Independent
Referee will submit his or her recommendations to the CBOE for review and approval
of the recommendations.
4. Compensation. County agrees to pay Contractor for preparation,
hearings, and administrative time spent for property tax appeals at the rate of $85.00 per
hour spent with a minimum guarantee of $600.00 per day on days scheduled for
hearings. Additional charges shall be based on the actual time spent performing the
services but shall exclude travel time. Contractor will be responsible for tracking time
spent in the form requested by County.
5. Independent Contractor. Fqr the work performed pursuant to this
Agreement, Contractor agrees that Contractor is an independent contractor and
shall not become an employee of County, nor is Contractor entitled to any
employee benefits from County, as a result of the execution of this Agreement.
6. Case Files. Correspondence and Documents Considered County
Pronertv. All case files, correspondence and documents received or held in
connection with the performance of this Agreement shall at all times be considered
the property of the County. Contractor shall not make use of such material for
purposes other than in connection with this Agreement without prior written
approval of County.
7. Computer Connection. So that Contractor may have necessary access to
County case files, correspondence and records for the purpose of providing the
professional services pursuant to this Agreement, County may provide for
Contractor County e-mail access and VPN access through the County system.
8. Termination. Either party may terminate this Agreement at any time by
providing the other party with a 10 -day written notice thereof. In the event of an
early termination, Contractor shall be paid for work performed up to the time of
termination and County shall be entitled the use of all material generated pursuant
to this Agreement.
9. Non -Assignment Contractor may not assign or transfer this Agreement,
any interest therein or claim thereunder, without the prior written approval of County.
10. Notices. Any notice required to be given under this Agreement shall be in
writing and shall be mailed or delivered to the other party at that party's address as
stated above.
11. Compliance. This Agreement and the provision of services hereunder
shall be subject to the laws of Colorado and be in accordance with the policies,
procedures, and practices of County.
12. Non -Exclusive Agreement. This Agreement is nonexclusive and County
may engage or use other contractors or persons to perform services of the same or
similar nature.
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13. Entire Aereement/Modifications. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiation, representation, and
understanding or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
14.5evcrabiliti, If any term or condition of this Agreement shall be held
to be invalid, illegal, or unenforceable, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable
of execution within the original intent of the parties.
15. Governmental 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.
16. No Third -Party Beneficiary, It is expressly understood and agreed
that the 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 in this Agreement shall give or allow any claim
or right of action whatsoever by any other person not included in this Agreement.
It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be
an incidental beneficiary only.
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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BY:
Deputy Clerk to th
ck, Chair Pro —Tern
SEP 1 8 2024
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ignature
Date: 5/Z 7/ z c1
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2_024-2!41 5
AGREEMENT FOR PROFESSIONAL SERVICES FOR 2024 CBOE INDEPENDENT
REFEREE - WILLIAM GARCIA
APPROVED AS TO SUBSTANCE:
Department Head, or Elected Official
APPROVED AS TO FUNDING:
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Chief Financial Officer, or Controller
APPROVED AS TO FORM:
Deputy County Attorney
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