The URL can be used to link to this page

Browse Search

Home My WebLink About20163853.tiffAGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this AZ day ofLC-,2016, by and between 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 "0" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Angie Noe whose address is 5513 W. 1st Street, Greeley, CO 80634, ("Contractor"). WHEREAS, County desires to retain Contractor as an independent contractor to perform services as more particularly set forth in this Agreement and it exhibits; and WHEREAS, Contractor has the expertise and 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 January 1, 2017, through and until December 31, 2017. 3. Services to Be Performed. Contractor agrees to provide Services for County which include the teaching of yoga and relaxation techniques 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 Yoga/Relaxation 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 "Angie Noe," the Contractor, during the first class in that session. The Weld County representative shall provide the list of registrants to 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 cC;g(ez_) 2016-3853 LeE003.— forth in paragraph 4.a. above. 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 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, and further 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 2 taught by Contractor. In addition, this Agreement may be terminated at any time without notice 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 3 action nominates, recommends, supervises Contractor's operations, or authorizes funding to 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: ATTEST: CLERK TO By: Deputy C to the Boar EXHIBIT A: SERVICES: 4 By: Angie N Title: BOARD OF COUNTY COMMISSIONERSOF WELD COUNTY By: 01 -CalLI Mike Freeman, Chairman DEC 2 8 2016 °Zoie - 32J& CO EXHIBIT A # PROPOSAL FOR YOGA/RELAXATION CLASSES FOR WELD COUNTY EMPLOYEES Name of Class: Beginning Yoga with Relaxation Description: If you wanted to experience yoga this is a class for you. You will learn correct yoga poses and techniques that lay a foundation for your yoga practice. You will learn proper breathing techniques, experience improved health and be relaxed and rejuvenated for the remainder of your day. Instructor: Angie Noe (credentials on file) Dates: Classes to begin February 7 — March 13 and on -going Tuesdays at 12:00 p.m.- 1:00 p.m. Sessions would month long (pro -rated for holidays) Snow days or closures would be made up and in accordance to availability of instructor Course Requirements: Pre -Registration with payment due at the first class in the month session, or at beginning of drop in class. Consent form and medical form required and on file with instructor Instructor would take attendance. Minimum # participants: 5 Maximum # participants: 15 Participants bring own equipment (mat, blocks, straps — strongly encouraged) Costs: Participants: Drop in fee=$10 ($7/class = if sign up for month session) Weld County: Staff to administer registration / logistics Benefits of Yoga: strength building, decreasing/managing stress, anxiety, or depression, increases in flexibility, energy, balance, metabolism, breath capacity, improved cardiovascular function and limitations due to injuries, focus of the mind, and promoting overall health. PROFESSIONAL SERVICES AGREEMENT - ANGIE NOE AP Elected •fficial or N ii'I NCE: ent Hea Director of General Services Controller APPROVED AS TO FORM: County Attorney ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DA TE(MM/DD/YYYY)02/22/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the) certificate holder In lieu of such endorsement(s). PRODUCER K&K Insurance Group, Inc. 1712 Magnavox Way Fort Wayne IN 46804 CONTACT NAME: Mass Merchandising PHONE (A/C, No. Est): 1-800-506-4856 (FAX (A/C, No): 1-260-459-5590 - E-MAIL ADDRESS: info@fitnessinsurance-kk.com INSURED 2000098399 CP# 3738 (Angie Noe DBA: Training & Yoga with Angie 5513 West 1st Street Greeley, CO 80634 A Member of the Sports, Leisure & Entertainment RPG INSURER(S) AFFORDING COVERAGE NAIC X INSURER A: Nationwide Mutual Insurance Company 23787 INSURER B: INSURER C: INSURER D: COVERAGES CERTIFICATE NUMBER: 2000237072 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE I ADDL ` INSD SUBR' WVD POUCY NUMBER POLICY EFF 1 (MM/DD/YY) POLICY EXP (MM/DD/YY) LIMITS A X COMMERCIAL GENERAL LIABILITY X OCCUR t .• 6BRPG0000005861300 03/17/16 12:01 AM 03/17/17 12:01 AM EACH OCCURRENCE $1,000,000 CLAIMS -MADE DAMAGE TO RENTED PREMISES (Es occurrence) $300,000 GEN'L HPOLICY MED EXP (Any one person) $5,000 , PERSONAL & ADV INJURY $1,000,000 AGGREGATE LIMIT APPLIES PER'. J ]PROJECT LOG OTHER GENERAL AGGREGATE $5,000,000 PRODUCTS-COMP/OP AGG $1,000.000 PROFESSIONAL LIABILITY $1,000,000 LEGAL LIAB TO PARTICIPANTS $1,000,000 AUTOMOBILE _ X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS Not provided while in Hawau SCHEDULED AUTOS NON -OWNED UTOS COMBINED SINGLE LIMIT (Ea Accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) ~I UMBRELLA LIAR EXCESS LIAB DED if 1RETENTION — OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y i N ANY PROPRIETOR/PARTNER/ 1-1 EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) II yes, desoibe under DESCRIPTION OF OPERATIONS below N / A I PER I STATUTE OTHER E L EACH ACCIDENT E L DISEASE - EA EMPLOYEE - E L DISEASE — POLICY LIMIT , - - MEDICAL PAYMENTS FOR PARTICIPANTS L I PRIMARY MEDICAL EXCESS MEDICAL DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may 6a attached If more space Is required) Certfied Instructor of: Aquatic exercise, Exercise, Fitness bootcamp, Personal training, Strength, Yoga Abuse, Molestation, Harassment or Sexual Conduct Defense Cost Reimbursement - $100,000 CERTIFICATE HOLDER CANCELLATION Evidence of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED tN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Coverage is only extended to U.S. events and activities. " NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas. ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Hello