HomeMy WebLinkAbout20253386 Resolution
Approve Memorandum of Agreement Between Weld County, Colorado, and Great
Western Trail Authority as Recipient of Weld County General Fund Monies, and
Authorize Chair to Sign
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, a Memorandum of Agreement between Weld County, Colorado, and Great
Western Trail Authority as a recipient of Weld County Conservation Trust Fund monies
has been presented to the Board of County Commissioners of Weld County, Colorado, a
copy of which is attached hereto and incorporated herein by reference, and
Whereas, the Great Western Trail Authority has been awarded the sum of $20,000.00
from the Weld County Conservation Trust Fund monies, which monies are for the purpose
of providing maintenance of the Great Western Trail from the Town of Windsor to the
Town of Eaton, and
Whereas, the contract period shall be from January 1, 2026, through December 31, 2026,
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 Memorandum of Agreement between Weld County, Colorado, and
Great Western Trail Authority as a recipient of Weld County Conservation Trust Fund
monies, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
Cc VI(r./.D/rs' f T(ft j/cD) 2025-3386
►2/22/25 F10083
Memorandum of Agreement Between Weld County, Colorado, and Great Western Trail
Authority as Recipient of Weld County General Fund Monies
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 10th day of December, A.D., 2025:
Perry L. Buck, Chair: Aye 4•��-♦
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Scott K. James, Pro-Tem: Aye . !- �_ !�� %
Jason S. Maxey: Aye I x jt
Lynette Peppier: Aye � 'ij��
Kevin D. Ross: Aye
♦%( 0 \''I
Approved as to Form: ,..,,,�,,,..�
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-3386
FI0083
Memorandum of Agreement
This Agreement, made and entered into on this, the 10th day of December
2025, by and between Weld County, hereinafter referred to as "Weld" and the
Great Western Trail Authority (GWTA), hereinafter referred to as "Contractor", the
parties agree as follows:
Whereas, the Board of County Commissioners of Weld County, Colorado,
has awarded the Great Western Trail Authority with a sum of $20,000.00 of
Weld County Conservation Trust Fund monies to provide maintenance of the
Great Western Trail from the Town of Windsor to the Town of Eaton, and
Whereas, the County implements programs and services to residents
throughout Weld County, and
Whereas, the "Contractor" provides services in Weld County to the citizens
of Weld County, and
Whereas, the parties hereto are desirous of formalizing an agreement for
the express purpose providing maintenance of the Great Western Trail,
from the Town of Windsor to the Town of Eaton, for Weld County citizens, and
Whereas, to implement these goals, the parties desire to establish an
agreement for the use of Weld County Conservation Trust Fund monies for the
purpose of providing maintenance of the Great Western Trail from the Town
of Windsor to the Town of Eaton.
Now, Therefore, in consideration of the premises stated herein, the parties
hereto agree as follows:
1 . The purpose of this Agreement is to establish an agreement for the use
of Weld County Conservation Trust Fund monies by Contractor.
2. Contract Period will be from January 1, 2026, through December 31,
2026.
3. Compensation: "Weld"agrees to pay"Contractor"a one-time grant of
$20,000.00
4. The total amount paid by"Weld" to"Contractor"under this Agreement
2025-3386
Memorandum of Agreement- Great Western Trail Authority
Page 4
shall not exceed the sum of $20,000.00
5. "Contractor" assures that as a recipient of Conservation Trust Fund
monies, it is fully aware of the restrictions and requirements of the
regulations and applicable State and local law provisions.
6. "Contractor" agrees to provide case management services and
coordinate provision of other services needed for persons who are
developmentally disabled as provided in Sections 27-10.5-102 and 27-
10.5-104, et seq., C.R.S., and Section 27-65-127, C.R.S., including such
assistance to the Weld County Attorney for presentation of evidence
in court proceedings as allowed by law and appropriate affirmative
steps to offer case management services and to coordinate provision
of the services needed to developmentally disabled persons involved
in court proceedings who are not, at the time of referral to the Weld
County Attorney, receiving services from "Contractor."
7. "Contractor" assures that as a recipient of Conservation Trust Fund
monies; it will spend the funds in accordance with the same laws and
procedures that govern the expenditure of its own funds.
8. "Contractor" assures that it will maintain sufficient records and an
accounting system and internal control procedures adequate to
permit the tracing of the funds to a level of expenditure which clearly
demonstrates that the funds were used in compliance with the
regulations of State and local law.
9. "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.
10. "Contractor" shall indemnify "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 and shall hold "Weld" harmless from any loss
occasioned as a result of the performance of this contract by
"Contractor". "Contractor" shall provide necessary worker's
compensation insurance at "Contractor's" own cost and expense.
11 . "Contractor" may not assign or transfer this agreement, any interest
therein or claim thereunder without the prior written approval of
"Weld".
12. Payment to "Contractor' will be made only upon presentation of
Memorandum of Agreement- Great Western Trail Authority
Page 5
proper claim by "Contractor" subject to the approval of "Weld" that
services have been performed.
13. "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 two years after final payment
hereunder.
14. "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".
15. No alteration or variation of the terms of this agreement shall be valid
unless made in writing and signed by the parties hereto.
16. "Contractor" assures that it will comply with all Federal and State laws
including, but not limited to, Title VI of the Civil Rights Act of 1964, and
that no person shall, on the grounds of race, color, creed, sex or
national origin, be excluded from participation in, or be denied the
benefits of, or otherwise be subjected to discrimination under this
agreement.
17. Any equipment acquired from funds covered by this contract shall
remain the property of "Weld", but "Contractor" shall have full use of
the equipment for so long as "Contractor" continues to function at its
current capacity in Weld County, Colorado.
18. Contractor certifies that it shall comply with the provisions of Section 8-
17.5-101, et seq., C.R.S. "Contractor" shall not knowingly employ or
contract with an illegal alien to perform work under this Contract or
enter into a contract with a subcontractor that fails to certify to
"Contractor" that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Contract.
"Contractor" represents, warrants, and agrees that it (a) has verified
that it does not employ any illegal aliens, through participation in the
Basic Pilot Employment Verification Program administered by the
Social Security Administration and Department of Homeland Security,
and (b) otherwise will comply with the requirements of Section 8-17.5-
102(2)(b), C.R.S. "Contractor" shall comply with all reasonable
requests made in the course of an investigation under Section 8-17.5-
102, C.R.S., by the Colorado Department of Labor and Employment. If
"Contractor" fails to comply with any requirement of this provision or
Memorandum of Agreement- Great Western Trail Authority
Page 6
Section 8-17.5-101, et seq., C.R.S., "Weld" may terminate this Contract
for breach and "Contractor" shall be liable for actual and
consequential damages to Contractor.
Except where exempted by federal law and except as provided in
Section 24-76.5-103(3), C.R.S., if "Contractor" receives federal or state
funds under this Contract, "Contractor" must confirm that any
individual natural person eighteen (18) years of age or older is lawfully
present in the United States pursuant to Section 24-76.5-103(4), C.R.S.,
if such individual applies for public benefits provided under this
Contract. If "Contractor" operates as a sole proprietor, it hereby
swears or affirms under penalty of perjury that it (a) is a citizen of the
United States, or is otherwise lawfully present in the United States
pursuant to federal law, (b) shall produce one of the forms of
identification required by Section 24-76.5-101, et seq., C.R.S., and (c)
shall produce one of the forms of identification required by Section 24-
76.5-103, C.R.S., prior to the effective date of this Contract.
In Witness Whereof, the parties above named have executed this agreement
on the 10th day of December, A.D., 2025.
Attest: , rAdA) W 'ok Board Of County Commissioners
Weld Count Clerk to the Board Weld County, Colorado
BY: p / 4//1/
Deputy Clerk to the %Aiard Perry, Buck, Chair
DEC 1 0 2025
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N-4111
GREAT)WESTERN TRAIL AUTHORITY
BY: ' i�,4,1....----
Title: Steve Wrenn, President
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