HomeMy WebLinkAbout20171774RESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR
TO SIGN - DIGITAL VERITE PRODUCTIONS, LLC
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, on behalf of Digital Verite Productions, LLC, commencing upon
full execution of signatures and ending June 27, 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 Agreement for Professional Services between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of Digital Verite Productions, LLC, 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 12th day of June, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diadivC eze ;(4.
Weld County Clerk to the Board
BY
APP
ara Kirkmeyer, Acting C : it Pro-Tem
a.
ouhty Attorney
Date of signature: C,p(3G1(9
EXCUSED
Julie A. Cozad, Chair
EXCUSED
Steve Moreno, Pro-Tem
Sean P. Conway
CC —Sell �'r\c{-1
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2017-1774
BC0050
AGREEMENT FOR PROFES
IONAL SERVICES
THIS AGREEMENT is made this 39#A d:
Digital Write Productions, LLC, a Colorado Limited
Stove Prairie Circle, Loveland, CO 80538, hereinafter
of Weld, a body corporate and politic of the State o
County Commissioners, whose address is 1150 "O" S.
referred to as "County."
WITNESSETH:
WHEREAS, County desires to retain Compan
services as more particularly set forth below; and
WHEREAS, Company has the time and re
services, and is willing to perform the services accordi
NOW THEREFORE, in consideration of the
herein, the parties hereto agree as follows:
of M € j , 2017, by and between
ability Company, whose address is 1776
ferred to as "Company," and the County
Colorado, by and through its Board of
eet, Greeley, Colorado 80631 hereinafter
as an independent contractor to perform
urces available to timely perform the
to the terms of this Agreement.
utual promises and covenants contained
1. Engaeement of Company. County hereb ° retains Company, and Company hereby
accepts engagement by County upon the terms and conditions set forth in this
Agreement.
2. Term. The term of this Agreement beg ns upon the date of the execution of
hereunder by County, and shall continue .ugh and until Company's completion of
the responsibilities described herein, which is estimated to be no later than June 27,
2017.
3. Work to be Performed. Company agrees o shoot, edit and produce a 3 to 5 minute
video about water law as it has evolved a ough cases tried at the historic Weld
County Courthouse, located at 901 9th Av:. ue, Greeley, Colorado. The video will
include closed captioning. Deliverables will be described in a separate Work Order to
be agreed upon by both parties.
4. Compensation. The work to be performed pursuant to this Agreement shall be for a
flat fee of $2,250, which includes $2,000 f the shooting, editing and production of
the video and $250 for the closed captioning Full payment to Company will be made
by County upon delivery of the video to Co I ty.
5. Independent Contractor. Company sh. i perform its duties hereunder as an
independent contractor and not as an emplo ee or agent of County. Company shall be
solely responsible for all acts performed p .uant to this Agreement. Company is not
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2017-1774
entitled to unemployment insurance or orkers' compensation benefits through
County, and County shall not pay for o otherwise provide such coverage for
Company. Company shall not have authors Lion, express or implied, to bind County
to any agreement, liability or understands g, except as expressly set forth in this
Agreement.
6. Subcontractors. County agrees that Comp y may utilize independent contractors
to perform all or part of the services. Comp y will remain solely responsible for the
performance of all of the services that are su contracted.
7. Insurance and Indemnification. County shall not be responsible for any injury,
loss, damage or liability to any memb r of Company performing the work
contemplated herein.
8. Exclusive Representation. Except as exp ssly set forth to the contrary in writing,
County agrees that during the term of this A eement Company shall be the exclusive
provider of services and County shall not, 'thout Company's prior written consent,
engage any other party to provide services r lated to any project described herein.
9. Force Maieure. County shall not hold Corr
obligations under this Agreement if such fail
any Acts of God, acts of government, flood,
terror, strikes or other labor problems, comp
Service Provider or hosting facility failures
power systems not within Company's posse:
not limited to, delays or destruction of electr
failures of camera or recording equipment at
drives or other such digital media memory ci
held), denial of service attacks, incompatibil:
with Company's equipment or software, acts
transportation and telecommunications diffic
10. Limited Publicity License. Unless otherwi
grants to Company a non -revocable, non -ex'
use any Final Edit Version of any deliverable
purpose of use in connection with the Comp
and/or website that Company shows to other
of Company's business. Company agrees th
purpose shall not be altered in content excep
promotional Company tagging.
2
pany liable for any failure to perform its
ure arises, directly or indirectly, out of
fire, earthquakes, civil unrest, acts of
rter, telecommunications, Internet
it delays involving hardware, software or
sion or reasonable control (including, but
nic data or information resulting from
d/or hard drives, storage disks, thumb
rrds on which such information was
ty of County's equipment or software
or omissions of vendors or suppliers,
ulties.
;e specified in writing, County hereby
lusive, worldwide, royalty -free license to
(in whole or in part) solely for the
ray's physical or electronic portfolio
potential clients in the ordinary course
tt any Final Edit Version used for this
as necessary for adding standard
11. Termination. Either party may terminate
the other party with a thirty (30) day written
12. Non -Assignment. Company may not assig
therein or claim thereunder, without the prio
13. Contacts. Any notice given under this A
mailed or delivered to the other party at t
parties shall have the following contacts:
County:
Company:
Jennifer Finch
1150 O Street
Greeley, CO 80632
970400-4232
i finch@coweld.co.us
Digital Write Productions, LLC
1776 Stove Prairie Circle
Loveland, CO 80538
970-820-8986
dan@digitalveriteproductions.co
14. Entire Agreement/Modifications. This A
between the parties with respect to the sub
This instrument supersedes all prior negotiai
agreements with respect to the subject ma
Agreement may be changed or supplemente
both parties.
15. Severability. If any term or condition of
illegal, or unenforceable, this Agreement
such provision, to the extent that this Agre
the original intent of the parties.
16. Governmental Immunity. No term or cor
or interpreted as a waiver, express or im
benefits, protections or other provisions, o
Act §§24-10-101 et seq., as applicable now
us Agreement at any time by providing
otice thereof.
or transfer this Agreement, any interest
written approval of County.
eement shall be in writing and shall be
t party's address as stated above. The
greement contains the entire agreement
ject matter contained in this Agreement.
ion, representation, and understanding or
tter contained in this Agreement. This
d only by a written instrument signed by
is Agreement shall be held to be invalid,
hall be construed and enforced without
meet is then capable of execution within
dition of this contract shall be construed
died, of any of the immunities, rights,
f the Colorado Governmental Immunity
r hereafter amended.
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17. No Third Party Beneficiary. It is ex
enforcement of the terms and conditions o
relating to such enforcement, shall be strict!
nothing in this Agreement shall give or allo
by any other person not included in this A
undersigned parties that any entity other
services or benefits under this Agreement s
IN WITNESS WHEREOF, the parties have ex
year written below.
-m *1, 2d/l
essly understood and agreed that the
this Agreement, and all rights of action
reserved to the undersigned parties and
any claim or right of action whatsoever
ement. It is the express intention of the
than the undersigned parties receiving
1 be an incidental beneficiary only.
cuted this Agreement as of the date and
Comp : ny:
Digital Write Productions, �7LLC
By: a�w (� [ • r�
D. iel B. Hitchman, Managing Member
ATTEST: BO • ' i OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WEL l COUNTY, COLORADO
BY:
Deputy Cle "o th
•
ear'- / Barbara Kirkme'yer, Acting Chair Pro-Tem
APPROVED AS TO FUNDING: APPRO ED AS TO FORM:
Controller
Attorney
JUN 122017
oW7-/77,L
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