HomeMy WebLinkAbout20053652.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO,AND POUDRE RIVER TRAIL CORRIDOR, INC., AS A 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 Poudre
River Trail Corridor, Inc., as a recipient of Weld County General 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,Poudre River Trail Corridor, Inc.,has been awarded the sum of$13,500.00 from
Weld County General Fund monies,which monies are for the purpose of providing services to Weld
County citizens, and
WHEREAS,the contract period shall be from January 1,2006,through December 31,2006,
and
WHEREAS,the Board of County Commissioners deems it advisable and in the best interest
of Weld County to approve said agreement.
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
Poudre River Trail Corridor, Inc., as a recipient of Weld County General Fund monies be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair of the Board of County
Commissioners of Weld County,Colorado, be, and hereby is, authorized to sign said agreement.
2005-3652
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?ETC: arc C ( - c7-C7 F,
RESOLUTION - POUDRE RIVER TRAIL CORRIDOR, INC.
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 19th day of December, A.D., 2005.
L ♦ BOARD OF COUNTY COMMISSIONERS
-4,:i. � �`WELD COUNTY, COLORADO
X111 � _
ATTEST: " �l iiel.- , (NAY)
�j illiam H. rke, Chair
Weld County Clerk to theta)-+
16
` f e r 1, i../-4.-../ (AYE)
BY: 'UP41 AO
. J. 'le, Pro-Tem
D4 uty Clerk to the Bd' rd tU cJ (46, (AYE)
David E. Long f
OV AS R,,Q- . v�`s.',t, (AYE)
Robrt D. Masd7n
ounty ttorney (� �-� � AYE
Glenn Vaad l
Date of signature: I 112-/Qt,
2005-3652
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT,made and entered into on this, the 19th day of December, 2005, by
and between Weld County,hereinafter referred to as"Weld"and Poudre River Trail Corridor, Inc.,
hereinafter referred to as "Contractor", the parties agree as follows:
WHEREAS,the Board of County Commissioners of Weld County,Colorado,has awarded
Poudre River Trail Corridor, Inc., a sum of$13,500.00 of Weld County General Fund monies to
provide trail maintenance, 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 of providing trail maintenance services to Weld County citizens, and
WHEREAS,to implement these goals,the parties desire to establish an agreement for the
use of Weld County General Fund monies for the purpose of providing trail maintenance.
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 General Fund monies by Poudre River Trail Corridor, Inc..
2. CONTRACT PERIOD will be from January 1, 2006, through December 31, 2006.
3. COMPENSATION: "Weld" agrees to pay "Contractor" a one-time grant of
$13,500.00.
4. The total amount paid by "Weld" to "Contractor" under this Agreement shall not
exceed the sum of$13,500.00.
5. "Contractor"assures that as a recipient of General Fund monies, it is fully aware of
the restrictions and requirements of the regulations and applicable State and local
law provisions.
6. "Contractor"assures that as a recipient of General Fund monies, it will spend the
funds in accordance with the same laws and procedures that govern the expenditure
of its own funds.
7. "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.
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MEMORANDUM OF AGREEMENT- POUDRE RIVER TRAIL CORRIDOR, INC.
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8. "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.
9. "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.
10. "Contractor"may not assign or transfer this agreement, any interest therein or claim
thereunder without the prior written approval of"Weld".
11. Payment to "Contractor"will be made only upon presentation of proper claim by
"Contractor' subject to the approval of"Weld" that services have been performed.
12. "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.
13. "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 anytime without
notice upon a material breach of the terms of this agreement by "Contractor".
14. No alteration or variation of the terms of this agreement shall be valid unless made
in writing and signed by the parties hereto.
15. "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.
16. 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.
2005-"
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MEMORANDUM OF AGREEMENT - POUDRE RIVER TRAIL CORRIDOR, INC.
PAGE 3
IN WITNESS WHEREOF,the parties above named have executed this agreement on the
19th day of December, A.D., 2005.
/ BOARD OF COUNTY COMMISSIONERS
ATTEST: , t:;11, a.,.`WELD COUNTY, COLORADO
, /
Weld County Clerk to the Board t 4 r An.itr
tacam
H. Jerke, Chair
,^^^^ DEC 1 9 2005
D`puty erk to the r•.ard , ,_ 144 O RE RIVER TRAIL CORRIDOR, INC.
BY:
2005- A
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