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Home My WebLink About20232150.tiffTHIS AGREEMENT is made by and between the County of Weld, State of C loracAt, whose/dd s i 0 0 Street, Greeley, Colorado, 8,Q631 ("Cou ty"), y 2 Uplift, whose address is t ,f 01 g Ave►t.e r,2e(flj Co :+?'. ("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. Epgagejpent 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 July 10, 2023, through and until August 5, 2023, 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 Senior Independent Referee within 48 hours of the hearing for review and submission to the CBOE. 4. Compensation. County agrees to pay Contractor for preparation, hearings, supervision, and administrative time spent for property tax appeals at the rate of $85.00 per hour spent with a minimum guarantee of $600 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. CorW+ Pcy,ndix frit As65,9 1/ate/a3 2023-2150 (i ) nsou5 5, independent Contractor. For 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 M All case files, correspondence and documents received or held in connection with the performance of this Agreement shall at all 'terries be consi Bred the property of the County. Contractor shall not make use of such material for put p0ses—other—than—in—eonneetieix=vviih this greement—,vit-heat—pr-ior_written _ approval of County. 7. Insurance. For the work performed pursuant to this Agreement, Contractor shall be covered by liability insurance, including professional liability insurance, provided by County. 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. 2 13. Entire Agreement/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. Severability. 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. JIo Third -Party Benefciq y. 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. 17. 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. 3 CONTRACTOR, (Contractor) 9 a E ©f1 -I t Q PO (Address) (3 6 Lf t$ Ave.tt (City, State ip) ��tyi GO %a -3,f ntractor's Representative), (Title) Date: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �/...) •(4 Clerk to the Board Mike Freeman, Chair JUL 2 6 2023 B Deputy Clerk to the Board 4 0200.6 -p2%1)6") Houstan Aragon From: Sent: To: Subject: Attachments: Esther Gesick Tuesday, July 25, 2023 11:35 AM Houstan Aragon FW: Independent Referee Professional Service Agreements Bill Garcia.pdf; Chris Woodruff.pdf; Gage Osthoff.pdf; Ken Lavertu.pdf; Steve Schofield.pdf I think we need to add these to tomorrow's Consent as well. Bypass the Signature review step, per a separate email from Karin, since they are on the standard template form. Thanks! Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Brenda Dones <bdones@weld.gov> Sent: Tuesday, July 25, 2023 8:28 AM To: Esther Gesick <egesick@weld.gov> Cc: Karin McDougal <kmcdougal@weld.gov> Subject: Independent Referee Professional Service Agreements Hi Esther, Jason shared that you requested these and I hadn't even given it a thought. Sorry for the delay. Let me know if there is anything else you need. Thanks, Brenda Brenda Dones Weld County Assessor 970-400-3699 bdones@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Hello