HomeMy WebLinkAbout810822.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY, COLORADO AND RALPH
L. FINCH CONCERNING INSPECTION OF COUNTY ROADS
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, an agreement between Weld County and Ralph L. Finch
has been presented to the Board of County Commissioners, whereby
Ralph Finch will physically inspect Weld County roads for condi-
tion, evaluate for repair and maintenance alternatives, and report
to the Weld County Director of Engineering the results of such
inspections and evaluation, and
WHEREAS, the term of the agreement shall be from March 16 ,
1981 through June 16, 1981 and the rate of compensation shall
be $15. 00 per hour, the total sum paid by the County to Ralph
Finch shall not exceed $4 ,500 .00 , and
WHEREAS, the Board of County Commissioners, after studying
said agreement, deems it advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement between
Weld County and Ralph L. Finch for the above described services
be, and hereby is, approved.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 16th day of
March, A.D. , 1981.
Lyle fj .� + BOARD OF COUNTY COMMISSIONERS
ATTEST: &°svLvt i t„,,a, t Erg WELD COUNTY, CJJZ.,ORADO
Weld County Clerk and Recorder (Aye)
and Clerk to the Board, C uck Carlson, Chairman
2,<
By: C
Deputy Count /h
� �� r / - t i" -f(. J m-c� (blye)
y/ Clerk Norman Carlson, Pro-Tem
ApyRO D AS TO FORM: (ABSENT)
C. W Kirby
v-. U �U
County Attorney 7 C., i, " ) ,(-4- t (Aye)
n T. Mar,t3n
f
Aye)
one K. teinmark
£a OD/6
810822
DATE PRESENTED: MARCH 18, 1981
No. 0011
COUNTY OF WELD, STATE OF COLORADO
STANDARD AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of March , 19 81 ,
by and between the COUNTY OF WELD, State of Colorado, hereinafter called the
County, and
Ralph L. Finch, 1821 24th Avenue Court, Greeley, Colorado 80.631
hereinafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants,
conditions, agreements, and stipulations of the County hereinafter expressed,
does hereby agree to furnish to the County services and materials, as follows,
and/or as described on exhibits attached to and incorporated herein.
(Set forth service to be rendered by Contractor, County Department receiving
service, Contractor's qualifications, and additional provisions incorporated. )
Contractor will physically inspect for condition, evaluate for repair and
maintenance alternatives, and report to the Weld County Director of Engineering
the results such inspection and evaluation on format to be provided by the
Engineering office.
The County will furnish for the Contractor's use a vehicle for the inspection,
office space, if necessary, and secretarial service, if necessary. The County
will also furnish all forms and will provide orientation to the Contractor in
the manner in which the survey is to be conducted.
The Contractor will keep daily reports on the road segments inspected as well
as hours worked.
CONTRACT PERIOD will be from March 16, 1981 through June 16, 1981 .
COMPENSATION: County agrees to pay Contractor for services performed hereunder
at a rate of $ 15.00 per hour and/or
The total amount paid by County to Contractor under this agreement shall not
exceed the sum of $ 4,500.00
ADDITIONAL PROVISIONS set forth on the reverse side hereof constitute a part
of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day and year first above written.
COUNTY 0 LD CONTRACTOR
By
C rman, oard of County
Commissioners By
Title
/ f�f_ f r•� a':6 3/
IoTIeE1
Administration \
ADDITIONAL PROVISIONS
1 . Contractor agrees that it is an independent Contractor and that its officers
and employees do not become employees of County nor are they entitled to any
employees benefits as County employees as a result of the execution of this
agreement.
2. Contractor shall indemnify County, its officers and employees against lia-
bility 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 agree-
ment and shall hold County harmless from any loss occasioned as a 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.
3. No officer, member or employee of County and no member of their governing
bodies shall have any pecuniary interest, direct or indirect, in this agree-
ment or the proceeds thereof. No employee of Contractor nor any member of
an employee's family shall serve on a County board, committee or hold any
such position which either by rule, practice or action nominates, recommends,
supervises Contractor's operations, or authorizes funding to Contractor.
4. Contractor may not assign or transfer this agreement, any interest therein
or claim thereunder without the prior written approval of County.
5. Payment to Contractor will be made only upon presentation of a proper claim
by Contractor subject to the approval of the County Department or Agency
for which the services have been performed.
6. County 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 pur-
poses for five years after final payment hereunder.
7.. County 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.
8. Time is of the essence in each and all the provisions of this agreement.
9. No alteration or variation of the terms of this agreement shall be valid
unless made in writing and signed by the parties hereto.
10. Contractor shall not be allowed or paid travel expenses unless set forth in
this agreement.
11 . Contractor assures that it will comply with Title VI of the Civil Rights
Act of 1964 and that no person shall , on the grounds of race, creed, color,
sex or national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under this agree-
ment.
12. County shall have a royalty-free, non-exclusive, and irrevocable license to
reproduce, publish, use, and to authorize others to do so, all original
computer programs, writing, sound recordings, pictorial reproductions, draw-
ings and other works of similar nature produced in the course of or under
this agreement; and Contractor shall not publish any such material without
prior written consent of County.
13. Contractor agrees that determinations of rights to inventions made in the
course of or under this agreement shall be made by County, and that County
shall acquire an irrevocable, non-exclusive, and royalty-free license to
practice and use, and let any public agency practice and use, any such
invention.
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