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Home My WebLink AboutC12-122 Frank Bregar Agreement CONSULTING AGREEMENT BETWEEN EAGLE COUNTY AND FRANK BREGAR L This Agreement ( "Agreement "), dated as of this 3 / day of 4-,4, , 2012, is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ( "County "), and Frank Bregar, an individual with a mailing address of 431 Comstock Dr., Fruita, Colorado, 81521 ( "Consultant "). WHEREAS, the County is in need of an individual to provide the services outlined in Section 1.1 hereunder: and WHEREAS, Consultant has represented that he has extensive experience in ad valorem property valuation and the knowledge in the subject matter necessary to carry out the services outlined in Section 1.1 hereunder; and WHEREAS, County wishes to hire Consultant to perform the tasks associated with such services outlined in Section 1.1 hereunder; and WHEREAS, County and Consultant intend by this Agreement to set forth the scope of the responsibilities of the Consultant in connection with the services and related terms and conditions to govern the relationship between Consultant and County in connection with the services. NOW, THEREFORE, based upon the representations by Consultant set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Services Provided: 1.1 The Consultant will provide the services as more particularly set forth in Scope of Services, attached hereto as Exhibit "A," and incorporated herein by this reference (hereinafter called "Services "). The Services are generally described as: to act as independent hearing referee for abatement petitions pursuant to C.R.S. §39 -1 -113, including sitting for hearings, taking evidence and testimony, and making recommendations based on the evidence presented in the hearings to the Board of Eagle County Commissioners for final decision. Such recommendations must be in conformity with the statutory requirements and guidelines and instructions promulgated by the Colorado Division of Property Taxation for the valuation of real and personal property for ad valorem purposes. To the extent the terms and conditions of this Agreement may conflict with Exhibit "A," the terms and conditions of this Agreement shall control. 1.2 The Consultant agrees that Consultant will not enter into any arrangements with third parties that will conflict in any manner with the Services. 1.3 Consultant has represented that it has the expertise and personnel necessary to properly and timely perform the Services. bki 1.4 Ip order to facilitate Consultant's provision of the Services, County will coordinate the date(s) nd time(s) that Consultant will hold hearings and will provide additional needed informs 'on. 2. erm of A 2.1 This Agreement shall commence upon execution of this Agreement by both parties and, subject to the provisions of Section 2.2 hereof, shall continue in full force and effect for a period of one year, unless otherwise terminated in accordance with the provisions of this Agreement. 2.2 This Agreement may be terminated by either party for any other reason at any time, with or without cause, and without penalty whatsoever therefore. 2.3 I the event of any early termination of this Agreement Consultant shall be compensated for Sery ces then completed, plus approved expenses. 3. Independent Contractor: 3.1 With respect to the provision of the Services hereunder, Consultant acknowledges that Consultant is an independent contractor providing Services to the County. Nothing in this Agreement shall be deemed to make Consultant or any of Consultant's principles or employees an agent, employee, partner or representative of County. 3.2 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 the Board of County Commissioners. 3.3 The Consultant will maintain liability, unemployment and workman's compensation insurance on his/her behalf, as necessary. 4. Remuneration: 4.1 f or the Services provided hereunder, Consultant shall be paid at a rate of $50 per hour for hearing time, review of and preparation of hearing materials regarding the Consultant's recommendation to the Board of County Commissioners. Consultant shall also be reimbursed for mileage to and from hearings as well hotel accommodations, as needed and prearranged with the County. The maximum amount of remuneration under this Agreement shall not exceed three thousan dollars ($3000) without an amendment to the Agreement agreed to and executed by both pa ies. Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from C nsultant respecting Services. The invoice shall include a description of services perfo d. Upon request, Consultant shall provide County with such other supporting inform ion as County may request. 4.2 ounty will not withhold any taxes from monies paid to the Consultant hereunder and Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 4.3 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Consultant in excess of the amount for any work done without the written approval in accordance with a budget adopted by the Board in accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that the County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 5. Ownership of Documents: All documents (including electronic files) which are obtained during or prepared in the performance of the Services shall remain the property of the County and are to be delivered to County before final payment is made to Consultant or upon earlier termination of this Agreement. 6. Indemnification: Within the limits allowed by law, Consultant shall indemnity 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 the Consultant in performing services under 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. 7. Consultant's Professional Level of Care: Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data and other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Consulting Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to consultants, with respect to similar services, in this area at this time. Consultant agrees to notify County immediately before any hearing where Consultant's Services may cause an actual or perceived conflict of interest and upon the advice of the Eagle County Attorney, recuse himself from participation in any such proceedings, where appropriate. For illustration purposes only, it would be a conflict of interest for Consultant to provide the Services in any case where Consultant has, within the tax period, represented the taxpayer in any matter relating to the protest and appeal of property valuation or to the abatement or refund of property taxes, or to represent any taxpayer who appeared before the Consultant in any matter subsequent to such hearing relating to the abatement and refund of property taxes. 8. No Assignment: The parties to this Agreement recognize that the Services to be provided pursuant to this Agreement are professional in nature and that in entering into this Agreement, County is relying upon the professional experience and reputation of Consultant. Therefore, Consultant may not assign its interest in this Agreement or in its subcontract, including the assignment of any rights l or delegation of any obligations provided therein, without the prior written consent of County, which consent County may withhold in its sole discretion. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 9. 1`otices: 9.1 Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, facsimile or U.S. Mail to the other party at the following addresses: O Eagle County Attorney 500 Broadway P.O. Box 850 Eagle, CO 81631 (970) 328 -8685 (p) (970) 328 -8699 (f) (b) Frank Bregar 431 Comstock Drive Fruita, CO 81521 (970) 858 -1720 (p) (970) 858 -1720 (f) * call first before sending 9.2 Notices shall be deemed given on the date of delivery; on the date the facsimile 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 depository of the U.S. Postal Service. 10. ..turisdiction and Confidentiality: 10.1 his Agreement shall be interpreted in accordance with the laws of the State of Colorado and the arties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fift Judicial District for the State of Colorado. 10.2 he Consultant and County acknowledge that, during the term of this Agreement and in the cou se of the Consultant rendering the 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, I either erectly 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 assigns during the term of this Agreement and for a period of five (5) years following the termination of this Agreement. 11. Miscellaneous: 1 1.1 This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings. 11.2 This Agreement is personal to the Consultant and may not be assigned by Consultant. 11.3 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by and through its County Manager By: eith Montag By: ►/ ' rank Bregar STATE OF -Cw l�. ) SS. COUNTY OF 4W(''� ) The foregoing instrument was acknowledged before me by / /`7. n . C , this day of / ;- , ,/, „6/r/ / , 2012. ('c, Gtr` i '7 My commission expires: // .- 'Notary Public Exhibit A SCOPE OF SERVICES 1. Consultant shall be available between one (1) and two (2) days per quarter to hold abatement hearings in accordance to C.R.S. §§ 39 -1 -113 and 39-10-114. Hearings shall be held at the Eagle County Building located at 500 Broadway, Eagle, Colorado, 81631 in a hearing room assigned by the County. 2. Consultant shall cooperate with Abatement Hearing Coordinator to schedule the exact day(s) and time(s) for the abatement hearings during each quarter. 3. gonsultant shall preside over each abatement hearing scheduled by the Abatement Hearing Coordinator in accordance with generally applicable standards for like proceedings. At all times, Consultant shall make an effort towards giving witnesses for both sides adequate opportunities to present their evidence, testimony and argument in support of their respective positions. Consultant may make his own rules with respect to disclosure and exchange of evidence between the Eagle County Assessor and the abatement petitioner. The length of hearing will be determined by Consultant based on the complexity of the issues presented. 4. gonsultant shall use his experience, skill and knowledge regarding proper ad valorem valuation practice and procedure while make recommendations to the Board of County Commissioners based on evidence presented during abatement hearing(s). Such recommendations must conform with Colorado law and the guidelines and instructions promulgated by the Colorado Division of Property Taxation for the valuation of real and personal property for ad valorem purposes 5. Consultant recommendations shall be delivered to Abatement Hearing Coordinator no liter than seven (7) days following the hearing. Delivery date may be extended by Mutual agreement of the parties.