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Home My WebLink About20161752.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - BRYNNE GANT 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 the Department of Human Resources, and Brynne Gant, commencing June 1, 2016, and ending December 31, 2016, 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 the Department of Human Resources, and Brynne Gant 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 6th day of June, A.D., 2016, nunc pro tunc June 1, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:Wa Weld County Clerk to the Board BY: (,),,PAte l'—-- puty Clerk to the Board Mike Freeman, Chair Sean P. Conway, Pro-Tem Julie A. Cozad AP" • A EXCUSED Barbara Kirkmeyer ounty Attorney Date of signature: i/ t t i aotG Steve Moreno CC- NR cPR� (5OF/\KL) 7J la/aoIc 2016-1752 HR0087 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made by and between the County of Weld, State of Colorado, by and through its Board of County Commissioners, whose address is 1 150 "O" Street, Greeley, Colorado 80631, hereinafter referred to as "County," and Brynne Gant, 1816 80`h Ave. Greeley, CO 80634, hereinafter referred to as "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 June 1, 2016, through and until December 31, 2016. 3. Services to Be Performed. Contractor agrees to provide Services for County which include the teaching of Zumba aerobic dance classes to Weld County employees who choose to participate in and personally pay for such classes. A description of the Services is provided in Exhibit A, (Contractor's proposal entitled "Proposal for Zumba Classes for Weld County Employees"), a copy of which is attached hereto and incorporated herein. The classes subject to this Agreement shall be taught in a Weld County facility designated by County. 4. Compensation. a. County agrees that Contractor will be paid for services performed as set forth on Exhibit A at the rate set forth therein. Specifically, Weld County employees who register for the classes taught by Contractor will submit personal checks made payable to "Brynne Gant" to Contractor. The Weld County representative shall, in turn, provide the list of registrants to the Contractor. Contractor's charges shall be based solely on the fee schedule described in Exhibit A. b. No expenses incurred by Contractor as a result of this Agreement shall be subject to reimbursement by County or by the Weld County employees who register for Contractor's classes. c. Weld County will make no other payment to Contractor other than that set forth in paragraph 4.a. above. 2016-1752 1 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. For the purposes of this Agreement, 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 the services provided under this agreement. Contractor shall have no authorization, express or implied, to bind the County to any agreement, liability, or understanding. The parties agree that Contractor shall not be entitled to any employee benefits from County as a result of the execution of this Agreement. 7. Warranty. Contractor warrants that services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. 8. Reports County Property. All reports, test results and all other tangible materials produced in connection with the performance of this Agreement, whether or not such materials are in completed form, 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. 9. Acceptance Not a Waiver. 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. 10. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents, from and against loss or liability arising from Contractor's acts, errors or omissions in seeking to perform its obligations under this Agreement. Contractor's duty to defend and indemnify shall extend to any injuries sustained by a registrant as a result of the registrant's participation in a class conducted by contractor. Contractor may require registrants to execute waivers of personal liability, and/or may require a physician's release before allowing them to participate in the classes described herein. In addition, Contractor shall provide necessary workers' compensation insurance at Contractor's own cost and expense. 11. Termination. Either party may terminate this Agreement at any time by providing the other party with a 10 day written notice prior to the expiration of a four (4) week class session taught by Contractor. In addition, this Agreement may be terminated at any time without notice 2 upon a material breach of the terms of the Agreement. 12. Non -Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of County. 13. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 15. 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. 16. 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. 17. 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. 18. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further, Contractor represents, warrants, and agrees that it has verified that Contractor does not employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and Contractor may be held liable for damages. 19. 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. 20. No Funding Obligation. No portion of this Agreement shall be deemed to create an obligation on the part of County to expend funds; all payments to Contractor shall come directly from individual class participants. 21. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to 3 Contractor. 22. 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. 23. 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. 24. 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 individual or 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: Brynn4s Gant Title: ATTEST: /arifetip;o, BOARD OF COUNTY CLERK TO THE BOARD By: Deputy Cle to the Boa EXHIBIT A: SERVICES: 4 COMMISSIONERSOF WELD COUNTY Mike Freeman, Chairman JUN 0 6 2016 AD'1-f15z EXHIBIT PROPOSAL FOR ZUMBA FITNESS CLASSES FOR WELD COUNTY EMPLOYEES Name of Class: Zumba Description: Moderate to vigorous aerobic exercise including a series of dance moves. Instructor: Brynne Gant, Zumba B-1 Certified Dates: Classes to begin June 2, 2016 Thursdays from 5:30 p.m. — 6:30 p.m. Sessions would be 1 month long (prorated for the holidays) Snow days or closures would be made up and in accordance to availability of instructor Course Requirements: Pre -Registration with payment due at start of class Waiver/Release of Liability form on file for each participant Instructor would take attendance. Minimum # participants: 10 Maximum # participants: 30 Participants bring own equipment as needed Costs: Participants: $3 .00/class Weld County: Staff to administer registration / logistics Benefits of Zumba: cardiovascular endurance conditioning, weight management, stress reduction, and team building for groups who participate together. RE: AGREEMENT FOR PROFESSIONAL SERVICES - BRYNNE GANT ATTEST: da7:/iNl • Weld C' t Clerk to the Beard WELD COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS BY: Deputy CI APP: •VED A Controller APPROVED AS TO FORM: rte% CaSunty Attorney ike Freeman, Chair iu1,,i 0 8 nS VEDAS • : B ANCE: lected Official or Department Hea N I� Director of General Services Hello