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HomeMy WebLinkAbout20020381.tiff RESOLUTION RE: APPROVE ENVIRONMENTAL CONSULTANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - DARCY TIGLAS 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 Environmental Consultant Agreement 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 Public Works, and Darcy Tiglas commencing January 1, 2002, and ending December 31, 2002, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Environmental Consultant Agreement 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 Public Works, and Darcy Tiglas 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 13th day of February, A.D., 2002, nunc pro tunc January 1, 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, LORADO ATTEST: Lin !/P�! E • \, w "' ► mss,. Glenn d, Chat Weld County Clerk to th 'o. yyq�gy 1861. 5i0= .� ,' `_Cit �t tZir �'►i David E. L.�r�., Pro-Tem f Deputy Clerk to the Board M. J. eile RO D F RM: illiam H. Jerke&. ounty Attor ey tit Roberta Masden Date of signature: 2002-0381 EG0046 soc .. P/,t; 7,19/as MEMORANDUM CTO: Clerk to the Board DATE: February 8, 2002 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engine SUBJECT: Request for Chair's Signature Please submit the enclosed documents for the Chair's signature. Two duplicate Agreements between Darcy Tiglas and Weld County for 2002 environmental consultant services. Enclosures pc: Wayne Howard M:\WPFILES\Francie\SIGNATURE.wpd -� 2002-0381 4 (inFXf4', COUNTY OF WELD, STATE OF COLORADO STANDARD AGREEMENT THIS AGREEMENT, made and entered into this 1.3`^' day of F-r aut/iie. 20Ga, by and between the COUNTY of WELD, State of Colorado, hereinafter called the County," whose address is 915 10`h Street, Greeley, Colorado, 80631, and Darcy Tiglas, Environmental Consultant, hereinafter called the "Consultant." WITNESSETH:That the Consultant 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 Consultant, County Department receiving service, Consultant's qualifications, and additional provisions incorporated.) The scope of work for the general services contract include:meeting preparation;discussion of wetland, Waters of the United States,and the Endangered Species Act of 1973,as amended;discussion of bridge replacement,road realignment, and gravel mine projects and interaction with the agencies; answering of any questions by managers; site visits to projected work sites; and preparation of proposals for the environmental work at these project areas. CONTRACT PERIOD is from January 1, 2002, through December 31, 2002. COMPENSATION: County agrees to pay Consultant for services performed hereunder at a rate of $60.00 per hour. The total amount paid by County to Consultant under this Agreement shall not exceed the sum of$7,500. ADDITIONAL PROVISIONS set forth in the attachment 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. BOARD OF COUNTY COMMISSIONERS CONSULTANT WELD COUNTY,COLORADO OLLADO By :�f'� 44 / V✓� � " �� Glenn Vaad,Chair 1/3/dept) Darcy A. IFglas(signature ATTEST: ate // j Eleawf 5015 Swainsona Drive address Weld County Clerk to the B r Nib l / 1861 ( -� ' Loveland,Colorado 80537 � ` �t� '�ST �` - r�l� \ j��isiP � address Deputy Clerk to the VRY + �n F\ NI:\WPFILES\AGREENINT environservices.agrAvpd ADDITIONAL PROVISIONS 1. Consultant agrees that it is an independent Consultant 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. Consultant shall indemnify County, 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 County harmless from any loss occasioned as a result of the performance of this contract by Consultant. The Consultant shall provide necessary workman's compensation insurance at Consultant'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, director or indirect, in this Agreement or the proceeds thereof No employee of Consultant nor any member of any 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 Consultant's operations, or authorizes funding to Consultant. 4. Consultant may not assign or transfer this Agreement, any interest therein or claim thereunder without the prior written approval of County. 5. Payment to Consultant will be made only upon presentation of a proper claim by Consultant subject to the approval of the County Department or Agency for which the services have been performed. 6. County shall have access to Consultant'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. 7. County may terminate this Agreement at any time by giving Consultant 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 Consultant. 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. Consultant shall not be allowed or paid travel expenses unless set forth in this Agreement. 11. Consultant 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 original be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under this Agreement. ADDITIONAL PROVISIONS Page 2 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,writings,sound recordings, pictorial reproductions, drawings and other works of similar nature produced in the course of or under this Agreement; and Consultant shall not publish any such material without prior written consent of County. 13. Consultant 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. M:\W PFI LES W GRE EMNI\environ services.agr.wpd Hello