HomeMy WebLinkAbout20063327.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
PATRICIA MCGUIRE
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,the Board has been presented with an Agreement for Services between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Human Services, Employment Services of Weld County,
and Patricia McGuire, commencing November 20, 2006, and ending May 30, 2007, with further
terms and conditions being as stated in said agreement, 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 Agreement for Services between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County,on behalf of the Department
of Human Services, Employment Services of Weld County, and Patricia McGuire 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 above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 6th day of December, A.D., 2006, nunc pro tunc November 20, 2006.
BOARD OF COUNTY COMMISSIONERS
onisa` WELD COU , COLORADO
ATTEST: P l Q J /
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� � , /, .•� Apr,. �. . ile, Chair
Weld County Clerk to the Bo!tf61 ( y` SI
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W Firs
'id E. Long, Pro-Tem /
BY: _ act r
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Deputy - lerk to the Board ��r l l 1 rt.-
William H. Jerke
APP D AS TO F • EXCUSED
Robert D. Masden
ounty Attorney EXCUSED
Glenn Vaad
Date of signature: I.2AVoCo
2006-3327
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MEMORANDUM
' DATE: December 4, 2006
C TO: Board of Weld County Commissioners, M. J.
Geile, Chair
COLORADO
FROM: Walt Speckman, Weld County Division of '-
Human Services, Executive Director
SUBJECT: Agreement Between Employment Services of
Weld County and Patricia McGuire
Enclosed for Board approval is an Agreement between Employment Services of Weld
County and Patricia McGuire for assistance in developing an application for Colorado
Performance Excellence Foothills Award, Business Service Plan and other assistance in
grant and program development.
The term of this Agreement is from November 20, 2006 through May 30, 2007.
If you have any questions, please telephone me at (970) 353-3800, extension 3317.
2006-3327
AGREEMENT BETWEEN PATRICIA MCGUIRE AND EMPLOYMENT SERVICES
OF WELD COUNTY
THIS AGREEMENT made and entered into this 20`h day of November 2006, by and
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of Employment Services of Weld County, hereinafter
referred to as "ESWC", of Weld County and Patricia McGuire, hereinafter referred to as
"Consultant".
WITNESSETH
WHEREAS, ESWC will contract with Consultant for assistance in developing an
application for Colorado Performance Excellence Foothills Award, Business Service Plan and
other assistance in grant and program development, and;
WHEREAS, ESWC will provide technical assistance and direction;
NOW THEREFORE, inconsideration of the covenants, conditions, agreements and
stipulations hereinafter expressed, the parties do hereby agree as follows:
1. Term:
The term of this Agreement between ESWC and Consultant shall be for the period
beginning November 20, 2006 through May 30, 2007.
2. ESWC Responsibilities:
a. Provide background material and other support
b. Monitor progress weekly or as needed
c. Provide technical assistance and direction
d. Pay Consultant Thirty Dollars ($30.00) per hour, for between 200 and 300 hours.
3. Consultant Responsibilities:
a. Review appropriate material and draft document under ESWC direction, meeting
with staff as appropriate
b. E-Mail drafts for input and direction
c. Consultant will bill ESWC for total owing, on a minimum of every three months
4. Modification of Agreement:
All modifications to this Agreement shall be in writing and signed by both parties.
5. Assignment:
This Agreement shall be binding upon the parties hereto, their successors, and heirs,
legal representatives and assigns. Neither party may assign any of its
rights/obligations hereunder without the prior written consent of the other party.
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6. Termination:
This Agreement may be terminated at any time by either party giving thirty (30) days
written notice and is subject to the availability of funding.
7. Entire Agreement:
This Agreement constitutes the entire understanding between the parties with respect
to the subject mater hereof and may not be changed or modified.
8. Waiver or Immunities/Third Party Liability:
No portion of this Agreement shall be deemed to constitute a waiver of any immunity
the parties or their officers or employees may possess nor shall any position of this
Agreement be deemed to have created a duty of care with respect to any persons not a
party to this Agreement.
9. Non-appropriation:
No portion of this Agreement shall be deemed to create an obligation on the part of
the Consultant, the County of Weld, State of Colorado, to expend funds not otherwise
appropriated in each succeeding year.
10. Severability:
If any section, subsection,paragraph, sentence, clause or phrase of the Agreement is
for any reason held or decided to be unconstitutional, such decision shall not affect the
validity of the remaining portions. The parties hereto declare they would have entered
into this Agreement and each and every section, subsection, paragraph, sentence,
clause and phrase thereof irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses or phrases might be declared
unconstitutional or invalid.
11. Assurances:
a. The Consultant agrees that she is an independent contractor and will not become
an employee of Weld County and therefore is not entitled to any employee
benefits as a Weld County employee as result of the execution of this Agreement.
b. ESWC, the Weld County Board of Commissioners, its officers and employees
shall not be held liable for injuries or damages caused by any negligent acts or
omissions of the Consultant while performing this Agreement.
The Consultant shall not be held liable for injuries or damages caused by any
negligent acts or omissions of ESWC, or its employees, while performing
functions as described in this Agreement.
The Consultant shall provide adequate liability and worker/s compensation as
required by the Colorado Worker's Compensation Act. Likewise, ESWC, by and
through the Board of Weld County Commissioners, shall provide adequate
liability and worker's compensation insurance for all employees of ESWC
engaged in the performance of this Agreement.
c. No officer, member or employee of the Consultant and no member or their
governing bodies shall have any pecuniary interest, direct or indirect, in the
approved Agreement or the proceeds thereof.
d. Consultant understands that Employment Services of Weld County shall monitor
and evaluate the performance of this Agreement.
e. Consultant and ESWC assure compliance with Title VI of the Civil Rights Act of
1986 and that no person shall, on the grounds of race, creed, color, sex, handicap,
or national origin, be excluded from participation in, denied the benefits of, or
be otherwise subjected to discrimination under the approved Agreement.
IN WITNESS WHEREOF,the parties hereunto have caused this Agreement to be duly
executed as of the day and year first hereinabove set forth.
WELD COUNTY BOARD OF
COUNTY OMMISSIONERS CONSULTANT
/� VG�� Paz @ia luuu
M.J. Geile, Chair
���D r��o�R 2no Patricia McGuire
ATTEST: h 'nil ���!/✓e"h
WELD COUNTY CLERK TO T
By: K. L,i
Dep Clerk • he Board � Er Net
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