HomeMy WebLinkAbout790899.tiff RESOLUTION
RE: APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLO-
RADO AND THE FORT LUPTON ANIMAL SHELTER AS A SECONDARY RECI-
PIENT OF REVENUE SHARING FUNDS AND AUTHORIZATION FOR CHAIRMAN
OF THE BOARD TO SIGN SAME.
WHEREAS, the Board of County Commissi• ers of eld County,
Colorado, pursuant to Colorado statute nd thWWeld County Home
Rule Charter, is vested with the authorl y of a m'' istering the
affairs of Weld County, Colorado
WHEREAS, a Memorandum of Agreem: be. -en Weld County,
Colorado and the Fort Lupton Anima Sh,l -r as a secondary reci-
pient of Revenue Sharing Funds, has e n presented to the Board
of County Commissioners. c py of; eid Memorandum of Agreement
is attached hereto and inc poratld herein by reference, and
WHEREAS, the For Luptomal Shelter has been awarded
the sum of $10, 000. 0 from monies received under the State and
Local Fiscal As ' sta c A t' of 1972, as amended, which monies are
to be used to onstruct mprovements to the animal shelter
facilities, an
WH AS, the! contract period shall be from January 1, 1979
thro h D cember 33t, 1979, and
WH REAS, th ' Board of County Commissioners deems it advisa-
bl a n the best interests of Weld County to approve said
Me orand of /Agreement.
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NOW, T. iREFORE, BE IT RESOLVED by the Board of County Com-
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missioners bf Weld County, Colorado that the Memorandum of
Agreement/between Weld County, Colorado and the Fort Lupton
Animal Shelter as a secondary recipient of Revenue Sharing Funds
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of
the Board of County Commissioners of Weld County, Colorado be,
and hereby is, authorized to sign said Memorandum of Agreement.
790899
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The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 14th day of
February, A.D. , 1979.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
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6 7 Efr.,4-61,91---iieddej,
‘7)1ATTEST: 1 ‘Lin 41.1
Weld County Clerk and Recorder
and-Clerk to the Boa
KPITC-
e1C ) LC/Deputy County k
APpii ED AS TO FORM:
County Attorney
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DATE PRESENTED: FEBRUARY 14, 1979
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MEMORANDUM AGREEMENT
BETWEEN WELD COUNTY, .COLORADO AND
SECONDARY RECIPIENTS OP REVENUE SHARING FUNDS
THIS AGREEMENT, made and entered into on this, the day
of , 1979 , by and between Weld County,
hereinafter referred to as "Weld" and Fort Lupton Animal
Shelter
hereinafter referred to as "Contractor" , the parties agree ins
follows :
. WHEREAS, the Board of County Commissioners of Weld County,
Colorado has awarded Fort Lupton Animal Shelter
the sum of $ 10000. 00 from monies
received under the State and Local Fiscal Assistance Act of 1972 ,
as amended , which monies are to be used for the following purpose :
To construct improvements to the animal shelter facilities
and
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WHEREAS, the Board of County Commissioners of Weld County,
Colorado by statute and the Weld County Home Rule Charter imple-
ment the various programs and services authorized to be funded
with monies received under the State and Local Fiscal Assistance
Act of 1.972 , as amended , throughout Weld County , and
WHEREAS, the "Contractor" has agreed to provide services
covered by this Agreement in Weld County to the citizens of Weld
County ,and
WHEREAS, the parties hereto desire to formalize an agreement
for the express purpose of improving animal shelter
services to Weld County citizens ,
and
WHEREAS , to - implement these mutual goals , the parties hereto
desire to establish an agreement for the use of Revenue Sharing
Funds received under the State and Local Fiscal Assistance Act of
1972 , as amended for the construction of improvements to the
animal shelter facilities •
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NOW, T'IIEPEFORE, in cons] o. the inemi_!;e:: :;t,'iti•<I
herein , the parties hereto acm as follows :
1. . The purpose of this Agreement is to establish an Agree-
ment for the use of Weld. County Revenue Sharing monies within the
Fort Lupton Animal Shelter program
2 . CONTRACT PERIOD will be from January 1 , 1979
through December 31,1979
3 . COMPENSATION: "Weld" agrees to pay "Contractor' for
construction improvements to the animal 'shelter facilities
4 . The total amount paid by "Weld" to "Contractor" under
this Agreement shall not exceed the sum of $ 10 , 000. 00
5 . "Contractor" assures that as a secondary recipient- of
Revenue Sharing Funds, it is fully aware of the restrictions 'and
• requirements of the Revenue Sharing regulations and applicable
State and Local law provisions and "Contractor" herein acknow-
ledges a copy of the Revenue Sharing regulations which has been
furnished the "Contractor" by "Weld
6 . "Contractor" assures that as a secondary recipient of
Revenue Sharing Funds , it will spend the Revenue Sharing Funds
in accordance with the same laws and procedures that govern the
expenditure of. its own funds .
7 . "Contractor" assures that it will maintain sufficient
records and an accounting system and internal control procedures
adequate to permit the tracing of Revenue Sharing Funds to a
level of expenditure which clearly demonstrates that the funds
were used in compliance with the regulations of the State and
Local Fiscal Assistance Act of 1972 , as amended, and State and
Local law.
8 . "Contractor" agrees that it is an independent Contractor
and that its officers and employees do not become employees of
"Weld" nor are they entitled to ' any employees ' benefits as
employees of "Weld" as a result of the execution of this agreement .
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9 . "Contractor shall irrl' 'mnify "Weld" , its officers and
employees against liability for injury or damage caused by any
negligent act or omission of any of' its employees or volunteers
or agents in the performance of this agreement. end shall hold
"Weld" harmless from any los:; occasioned a:; n result. of the
performance of this contract by "Contractor . " The "Contractor"
shall provide necessary workman 's compensation insurance at
"Contractor ' s" own cost and expense .
10. "Contractor" may not assign or transfer this agreement,
any interest therein or claim thereunder without the prior
written approval of "Weld. " •
11 . Payment to "Contractor" will be made only upon presenta-
tion of a proper claim by "Contractor" subject to the approval
of "Weld" that services have been performed.
12 . "Weld" shall have access to "Contractor ' s " financial
records for purposes of audit . Such records shall be complete
and available for audit 90 days after final payment hereunder
and shall be retained and available for audit purposes for five
years after final payment hereunder.
13 . "Weld" may terminate this agreement at any time by
giving "Contractor" a ten-day written notice of such sooner
termination and may be terminated at any time without notice
upon a material breach of the terms of this agreement by
"Contractor . " •
14 . No alteration or variation of the terms of this agree-
ment shall he valid unless made in writing and signed by the
parties hereto.
15. The "Contractor" assures that it will comply with all
Federal and State laws including , but not limited to, Title VZ
of the Civil Rights Act of 1964 , and that no person shall , on
the grounds of race , color, creed , sex or notional origin shall
be excluded from participation in, or he denied the benefits of,
or otherwise be subjected to discrimination under this agreement .
16 . Any equipment acquired from funds covered by this con-
tract shall remain the property of "Weld" , but the "Contractor"
shall have full use of the equipment for so long as the "Contr.ac-
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tor" continues to function at its current capacity in Weld County,
Colorado.
17. "Contractor" assures that it will comply with the pre-
vailing wage rate requirements of the Davis-Bacon Act and its
regulations , 29 CFR Parts 1, 3, 5 and 7 on any contracted construc-
tion project when the total cost is $2, 000. 00 or more and Revenue
Sharing Funds constitute 25% or more of the funding.
IN WITNESS WHEREOF, the parties above named have executed
this agreement on the day of , 1979.
ATTEST:, / ' �' 71- BOARD OF COUNTY COMMISSIONERS
WELD CTY, COLORADO
Weld County ''Clerk and Recorder �7
OUN
and Clerk to the B and By: / !I- w ,Qr
Chairman
BY: f 1.
Deputy County Clerk
Contractor
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