HomeMy WebLinkAbout20171088AGREEMENT 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 Dale Peterson,
whose address is I506? Xes in St, Tit r mittiM C 80002
("Contractor"). Collectively, Contractor and County shall be referred to herein as "the
Parties."
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth in the letter from Contractor to Jennifer Finch, dated
February 8, 2017, a copy of which is attached hereto and incorporated herein as, Exhibit "A":
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 the date of signatures hereunder,
through and until June 22, 2017.
3. Services to be Performed. Contractor agrees to perform the services and thereby
produce and deliver the final original painting described in Exhibit A.
4. Compensation. Full compensation for the services contracted for herein shall be
$1,400, due upon delivery by Contractor of the final original painting described in Exhibit A.
5. Additional Work. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to be, agents or employees of the County for any purpose. Contractor shall have no
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authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will 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. Final Original Painting Considered County Property. The final original painting
described in Exhibit A and delivered to County shall at all times be considered the property of
the County. Contractor and County shall have the right to reproduce the final original painting
without requirement of additional compensation paid to either Party.
8. Acceptance of Product not a Waiver. Contractor shall reasonably communicate
with the County concerning completed and ongoing projects. Acceptance by County of reports
and incidental material furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the work. Acceptance by the County of, or
payment for, any services performed under this Agreement shall not be construed as a waiver of
any of the County's rights under this Agreement or under the law generally.
9. Insurance. Contractor shall carry his own desired insurance coverage at Contractor's
own cost and expense.
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. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
12. 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.
13. 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.
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.
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.
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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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
CONTRACTOR:
l as Ca' Ar.
Dale Peterson
ATTEST: SW S ..d.44
Weld . ty Clerk to the Board WELD COUNTY, COLORADO
BY:
APPROVED AS TO FORM:
ounty Attorney
BOARD OF COUNTY COMMISSIONERS
le A. Cozad, Chair
192017
APPROVED AS TO SUBSTANCE:
El e d Official Department Head
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'rector of General Services
020/ 7- /'t
Exhibit "A"
Feb. 8, 2017
Jennifer Finch
Weld County Communications Director
1150 O St
Greeley, Co. 80632-0758
Jennifer,
As shared in our telephone conversation yesterday, I summarize the following:
I have agreed to sell to Weld County Government, an original acrylic painting by
me illustrating an external view of the Weld County Court House and deliver that
painting not later than June 22, 2017. It is understood that I reserve rights to
reproduction of the original work after the sale and acknowledge that Weld
County shares the same rights to reproduction as well. The painting will be
approximately 24 by 36 inches and will include a white border approximately two
inches wide. The white border will make matting unnecessary. The painting will
be delivered unframed. Responsibility for the framing is that of the purchaser.
The cost for this unframed painting will be $1,400 due upon delivery.
Thank you.
Dale F. Peterson
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