HomeMy WebLinkAbout20232151.tiffAGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of
Colorado, whose ad ress is 1 150 0 Street, Greeley, Colorado, 80631 ("County '),
and ',v,v .4v -7-c- whose address is G j/
'z ea 2" 3 d7 ("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 wilting 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. gnaaeement 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. $ervices 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. Comuensatjon, 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.
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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
Prnoerty. All ase files, correspondence and documents received or held in
connection the performance o t is greemen s a a.. a times tirMfiIftttr 'd
the property of the County. Contractor shall not make use of such material for
purposes other than in connection with this- Agreemen - 4 ho it pruor—wztxten
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 Camnliance. 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 conliactors or persons to perform services of the same or
similar nature.
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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. N. 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.
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.
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,Q,QNTRACTOR:
(Contractor)
(Address) (a 7/ 7 3°/ /fit()
(City, State Zip) (r2 Pa..? V
By
(Contractor's Representative), (Title)
Date
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST. jell"11"--
Clerk to the Board Mik
BY: M_L
Deputy Clerk to the Board
4
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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
bdonesPtweldgov.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 addresser)
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.
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Hello