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HomeMy WebLinkAbout20170936.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR RESTORATION OF COURTHOUSE MASTER CLOCK AND AUTHORIZE CHAIR TO SIGN - NATIONAL ASSOCIATION OF WATCH AND CLOCK COLLECTORS, INC. 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 a Professional Services Agreement for Restoration of the Courthouse Master Clock between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and National Association of Watch and Clock Collectors, Inc., commencing April 3, 2017, and ending June 1, 2017, 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 Professional Services Agreement for Restoration of the Courthouse Master Clock between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and National Association of Watch and Clock Collectors, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. Co'. 6c7CTTJSG) aCTCgc) L / 5/ 1 -7 2017-0936 BG0019 PROFESSIONAL SERVICES AGREEMENT FOR RESTORATION OF COURTHOUSE MASTER CLOCK - NATIONAL ASSOCIATION OF WATCH AND CLOCK COLLECTORS, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of April, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dad/144) ad#40;eA Weld County Clerk to the Board BY: GJ cj\-(2,t, Clerk to the Board AP ' - AS T Date of signature: -1 O/ t "7 Julie A. C:zad, Chair Steve Moreno, Pro -Tern Sean P. Conway Freeman rbara Kirkmeyer C- 2017-0936 BG0019 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 March 29, 2017 To: Board of County Commissioners From: Toby Taylor Subject: Courthouse Clock Cleaning National Association of Watch and Clock Collectors Inc. visited the historic Weld County Courthouse. They believe that cleaning of the original master clock will restore it to function as it originally did. Therefore, this agreement is to allow them to clean the original master clock on -site at no charge in attempt to restore its functionality. Buildings and Grounds is recommending approving this agreement. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2017-0936 hf Pthlq AGREEMENT FOR PROFESSIONAL % SERVICES THIS AGREEMENT is made this f-�ilyC�lay of , 2017, by and between National Association of Watch & Clock Collectors, Inc., C apte�whose address is 4500 19th St., #155, Boulder, Colorado 80304-0655, hereinafter referred to as "NAWCC Chapter 21," and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County desires to retain NAWCC Chapter 21 as an independent contractor to perform services as more particularly set forth below; and WHEREAS, NAWCC Chapter 21 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 NAWCC Chapter 21. County hereby retains NAWCC Chapter 21, and NAWCC Chapter 21 hereby accepts engagement by County upon the terms and conditions set forth in this Agreement. 2. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until NAWCC Chapter 21's completion of the responsibilities described herein, which they project to be June 1, 2017. 3. Work to be Performed. NAWCC Chapter 21 agrees to clean and adjust the master clock located on the second floor of the historic Weld County Courthouse, located at 901 9th Avenue, Greeley, Colorado, in an effort to have the clock run properly. All cleaning will be done on -site so as to reduce the risk of losing parts. County shall provide space at the Courthouse for the cleaning work. Any parts or assemblies necessary to be purchased for the clock shall be charged to County at actual cost, subject to County's approval prior to purchase. 4. Compensation. The work to be performed pursuant to this Agreement shall be without cost to County, except for the cost of purchasing any necessary parts or assemblies. County shall not be responsible for any wages, mileage, expenses, or other compensation to the NAWCC Chapter 21 personnel who participate in the work. 1 5. Independent Contractor. NAWCC Chapter 21 shall perform its duties hereunder as an independent Contractor and not as an employee. NAWCC Chapter 21 shall be solely responsible for its acts and those of its members for all acts performed pursuant to this Agreement. Neither NAWCC Chapter 21 nor any members of NAWCC Chapter 21 shall be deemed to be an agent or employee of County. NAWCC Chapter 21 and its members are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for NAWCC Chapter 21 or any of its members. NAWCC Chapter 21 shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. 6. Warranty. NAWCC Chapter 21 shall not be responsible for any warranty of the work it performs on the master clock. 7. Insurance and Indemnification. County shall not be responsible for any injury, loss, damage or liability to any member of NAWCC Chapter 21 performing the work contemplated herein. 8. Termination. Either party may terminate this Agreement at any time by providing the other party with a thirty (30) day written notice thereof. 9. Non -Assignment. NAWCC Chapter 21 may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of County. 10. Contacts. Any notice 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. The parties shall have the following contacts: County: Toby Taylor 1150 O Street Greeley, CO 80632 970-400-2023 ttaylor@co.weld.co.us NAWCC Chapter 21: Tim On 4500 19th St., #155 Boulder, CO 80304-0655 720-552-4477 Torr286@aol.com 11. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. 2 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. 12. 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. 13. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 14. 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. NAWCC HAPTER 21: By. i 16.0 ATTEST: Wj ..VS � BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board BY: Deputy C rk to the Bo WELD COUNTY, COLORADO 3 X0/ 7- 0 93(o bunty Attorney AGREEMENT FOR MASTER CLOCK CLEANING - NATIONAL ASSOCIATION OF WATCH AND CLOCK COLLECTORS, INC. APPROVED AS TO SUBSTANCE: Elected Official or Department Head a/4 Director of General Services APP ED AS TO FUNDING: Controller APPROVED AS TO FORM: Hello