HomeMy WebLinkAbout20212474.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR
TO SIGN - DAVID KULMANN
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
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and David Kulmann, commencing August 11, 2021, and ending
August 11, 2023, 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 between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
David Kulmann, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 16th day of August, A.D., 2021, nunc pro tunc August 11, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddavt),jd,D•4,
Weld County Clerk to the Board
BY:
APP
ou - A ttorney
Date of signature: og/27/2.
EXCUSED
StevaMoreno, Chair
Lori Sain
2021-2474
CA0016
cc.c A(es)
0$/30/21
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of Colorado,
whose address is 1150 O Street, Greeley, Colorado, 80631 ("County"), and David Kulmann,
whose address is 14824 Fillmore Way Thornton, CO 80602, ("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 August 13, 2021, through and until
August 13, 2022, and shall renew automatically for successive one-year terms thereafter, unless
sooner terminated pursuant to the 60 -day termination provision contained in Paragraph 9, below.
3. Services to be Performed. Contractor agrees to perform the work of backup 1041
WOGLA Hearing Officer to conduct 1041 WOGLA hearings and other hearings required in
Chapter 21, Article V of the Weld County Code.
4. Compensation.
a. County agrees to pay Contractor for preparation, hearing, and follow-up
time spent for 1041 WOGLA cases at the rate of $90 per hour spent or $7,200 a month,
whichever is greater. Charges shall be based on the actual time spent performing the
services but shall exclude travel time.
b. Payment to Contractor will be made only upon presentation of a proper
claim by Contractor, itemizing services performed and mileage expense incurred.
Contractor's invoices shall:
i. Identify the 1041 WOGLA case(s) heard and the date of the
hearing(s).
ii. Identify hours spent, not just dollar amounts, which shall include
preparation, hearing and follow-up time.
1
5. Additional Work. Periodically County may seek to consult with Contractor on
questions regarding 1041 WOGLA provisions in the Weld County Code and/or hearing
procedure and protocol. In such instances Contractor shall be paid the same rate under the same
billing procedure as set forth in Paragraph 4, above.
6. 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.
7. Case Files, Correspondence and Documents Considered County Property. 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.
8. Insurance. For the work performed pursuant to this Agreement, Contractor shall be
covered by liability insurance, including professional liability insurance, provided by County.
9. Termination. Either party may terminate this Agreement at any time by providing
the other party with a 60 -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.
10. Non -Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County.
11. 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.
12. 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.
13. 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.
14. 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.
2
15. 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.
16. 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.
17. 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.
18. 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 shall provide for Contractor County e-mail access and VPN
access through the County system.
7frfr
IN WITNESS WHEREOF, the parties have executed this Agreement as of the/6, day of
August, 2021.
CONTRACTOR:
David Kulmann
ATTEST: .drits,,N) �/' BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Boar i WELD COUNTY, COLORADO
BY:
Deputy Cler
APPROVED AS TO FUND
"a4.62e4
Controller
tt K.James, Pro-Tem
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
3
APPROVED AS TO FORM:
County Attorney
4
Hello