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Home My WebLink AboutC04-035 Gregg Rossi (!.,Ot.J. -~5-or CONSULT~NG AGRZEMmNT .--0-\ This Consul tins Agreement ("Agreement II) .daced as this 6 ~ay of ~~~. ' 2004, is between the County of Eagl~ S!tate of Colorado, a body corporate and politic, by and through i!ts Board of County Commissioners ("County"), and Gregg Rossi d"Consultant"), living in Bend, OR with a mailing address of: 60223 Faugarwee Circle, Bend, OR 97702 , WHEREAS, County is in need of a person to provide the ~ervices outlined in Section 1.1 hereunder; I i ! WHEREAS, Consultant has represented that he has the ~xperience and knowledge in the subject matter necessary to carry qut the services outline in Section 1.1 hereunder; i I wishes to hire consultant to perform the such services outline in Section 1.1 WHEREAS, County ~asks associated with I hereunder; I I i WHEREAS, County and Consultant intend by this Agreement to ~et forth the scope of the responsibilities of the Consultant in qonnection with the services and related terms and conditions to ~overn the relationship between Consultant and County in connection with the services. ) ! I I I i Therefore, based upon the representations by Consultant set forth in the foregoing reoitals, for good and valuable qonsideration, including the promises set forth herein, the ~arties agree to the followingi I 1. Agreement , Services Provided: 1.1 The Consultant will provide the following consulting services (hereinafter called Consultins Services") to County: 1 Perform GIS/Mapping and Cartography training and other duties ds follows: I 0 Train to set up new tax areas. i 0 Train to coordinate and assign account numbers and I : parcels numbers to new creates. : 0 Train and assist with Auto Cad and inked changes and corrections on existing and new Mylar's. o Perform other duties as requested and agreed to by both parties. ~ 8001 L oo!ll ~SSV 08 S31nH8S30 LPBLBB8 LPg xv~ BG:LL POOG/BO/LO I ! ~.2 I , i I I l3 I I I I I I 2. ! o The Consultant will provide the Deputy Assessor a daily status report of training/work in progress, open issues and other items as required. The Consultant agrees that Consultant will not enter into any consulting arrangements with third parties that will conflict in any manner with the Consulting Services. The Consultant will provide the Consulting Services hereunder in Eagle, Colorado or elsewhere as may be mutually agreed. Term of Agreement:: I 2.1 This Agreement shall commence on January 21, 2004 and, Subject to the provisions of Section 2.2 hereof, shall continue in full force and effect for a I period of three days, commencing with the effective date of ~his Agreement. The period of performance of this contract shall be a minimum of three (3) days and I not to exceed three (3) days. This Agreement may be extended qeyond. the time I referred to in this Section 2.1 on terms and conditions as i may be mutually agreed between the parties hereto. I I .4.2 I I i I ~.3 I I I i t 80012:00 ~ This Agreement may be terminated by either party for any other reason at any time, with or without cause, and without penalty whatsoever therefore. In the event of any termination of this Agreement, consul cant shall be compensated for all hours of work then completed, plus approved expenses. Independent Contractor: with respect to the prov~s~on of the Consulting Services hereunder, Consultant acknowledges that Consultant is an independent contractor providins Consulting Services to County. Nothing in this Agreement shall be deemed to make Consultant an agent, employee, partner or representative of County. Moreover, this Agreement creates no entitlement to participate in any of the Employee Benefit Plans of County including insurance, paid vacation and recognized holidays. ~ ~ss~ 08 S3LnH~s~n .Illi=:.Ii=:RR lbe \tW-li=:7.:II__f>,..,..7.lQ,..ll,.. 4J. i ~.3 , !=IOO/800 IPl I I 31_ 2 , , , The Consultant shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of a senior management representative of County. , I 3!.3 The Consultant will maintain liability, unemployment and workman's compensation insurance on his/her own behalf, as necessary. Remunerations I I 4:.1 For the Consulting Services provided hereunder, County shall pay to the Consultant a fee of $1500.00 for three eight-hour days beginning January 21, 2004, ending January 23, 2004. Fees will be invoiced upon the completion of services. Fees will be paid within fifteen (15) days of receipt of a proper and accurate invoice from Consultant respecting Consulting Servioes. The invoice shall include a description of services performed. Upon request, Consultant shall provide County with such other supporting information as County may req:uest. 4.2 No travel expenses are anticipated or will be paid for. County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant agrees to be solely responsible for the written consent of a senior management representative of County. ~. Indemn:l.f:Lc:ation: i ) 5.1 Within the limits allowed by law, Consultant shall indemnify County for, and hold and defend the County and its officials, boards, officers, principals and employees, harmless from, all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the acts or omissions of, or representations by, the Consultant in the performance of this Agreement. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claim without regard to the involvement of the Consultant. I 6. Consultant's P~ofessional Level of Care: ~ ~ss~ n~ ~~lnH~~~n JtlRJRRP. LtlG n'..j R7.: LL tlOO7.IROII n I . 61.1 Consultant shall be respons::Lble for the completeness and ~ccuracy of the Consulting Services, including all supporting data and other documents prepared or compiled in performance of t~e Services, and shall oorrect, at its sole expense, all slisnificant errors and omissions therein. The fact that the qounty I has aocepted or approved the Consulting Services shall not ~elieve Consultant of any of its responsibilities. Consultant ~hall perform the Consulting Services in a ! skillful, professional and competent manner and in I . 'ccordance w1th the standard of care, skill and diligence applicable to consultants, with ~espect to similar I services, in this area at this time. I 71. I I 1.1 , Notice.: by any party to the other shall Any notice to be given be in writing and shall be deemed to have been duly given if delivered personally, by facsimile transmission or if sent by prepaid first class mail, and for the purposes aforesaid, the addresses of the parties are as follows; (a) Eagle County Assessor 500 Broadway PO Box 449 Eagle, CO 81631 Attention: Mark Chapin Phone Number: 970-328-8640 (b) Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the u.s. Postal Service. I I ~. Jurisdiction and Confidentiality: I ! S.l This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. ol'll'l/+.f'll'l I'm ~ 1..1001_' nf"t ('t, I nltf"l('\""In I.&..nlnnn I........ """'11 An"11 .....^^..,.I...AJ.^ I 1 I I I ~. I ~.1 I I ; 1.2 I ~.3 I I , , I I 81.2 i I I The Consultant and County acknowledge that, during the term of this Agreement and in the course of the consultant rendering the Consulting Services, the consultant may acquire knowledge of the business operations of County to the point that the general method of doing business, the pricing of products, the lists of customers and other aspects of the business affairs of County will become generally known and the Consultant shall not disclose, use, publish or otherwise reveal, either direotly or through another, to any person, firm or corporation, any knowledge, information or facts concerning any of the past or then business operations, pricing or sales data of County and shall retain all knowledge and information which he has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of County, its successors and assisns during the term of this Agreement, and for a period of five (5) years following termination of this Agreement. Miscellaneous I This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings. This Agreement is personal to the Consultant and may not be assigned by Consultant. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. , I , I I I I /,/THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT ELAN// I I I I fN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. I I i ! ~ i ~, SOO/gOO [lJ HSS~ 03 S31nH3S30 LPBLB88 LPg X~~ 08:LL pOOG/aO/LO I I I I I ~TTEST: I 9lerk to the Board of ~ounty Commissioners I I I Gregg Rossi !=Inn/ROO ~ COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: chairman CONSULTANT BY'~ ~~~H n~ ~~In~~~~n JbRJI:U:IR Ibe 'lIH-I OR.II b007lQOlI0