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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. 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: [Insert Resolution Attestation Block Post Meeting] 2025-3386 F10083 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 Hello