HomeMy WebLinkAbout800896.tiff RESOLUTION
RE: PROCEDURES FOR CONTRACT FOR PERSONAL SERVICES OR INDEPENDENT CONTRACTORS.
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 of County Commissioners request a specific written
policy concerning personal services contracts and contracts with independent
contractors, and
WHEREAS, the Director of Finance and Administration and the Director of
Purchasing recommend a policy consistent with the past practices of selection
and consistent with current purchasing procedures of Weld County, and
WHEREAS, the Director of Finance and Administration and the County
Attorney recommend that the attached "Standard Agreement" be used for personal
services contracts and independent contractors to protect the County's in-
terest and comply with State Statutes, and
WHEREAS, it is recommended that the Chairman of the Board be given
blanket authority to sign "Standard Agreements" that are $2,000.00 or less,
and developed in accordance with the attached policies.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the attached recommended procedures for contracts
for personal services or independent contractors and "Standard Agreement" are
hereby approved.
BE IT FURTHER RESOLVED that the Chairman is granted authority to sign
contracts on the "Standard Agreement" for those under the amount of $2,000.00
that have been developed in accordance with the attached procedures.
BE IT FURTHER RESOLVED that the Director of Finance and Administration
be directed to include the approved procedures and "Standard Agreement" in
the Weld County Administrative Manual under the Purchasing Section.
800896
The above and foregoing resolution was, on motion duly made and seconded,
adopted by the following vote on the 23rd day of January, A.D. , 1980.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
C. W. Kirby, ChairAan
Norman Carlson, Commissioner
Lyd unbar, Commissioners
Leonard Roe, Commissioner
,� June Steinmark, Commissioner
ATTEST: r��. ,4„c1,tz,"r: ts..., a
Weld County Clerk and Recorder
and Clerk to the Board ,
By: ,'‘I-, L -L, � ,Y „, ' 6_k__,L_-_ 6eputy County Cleft'
AE'2ROVED TO FORM: 7
CI . d2-..-- O
ounty Attorney
DATE PRESENTED: JAUNARY 23, 1980
PROCEDURE FOR CONTRACT FOR
PERSONAL SERVICES OR INDEPENDENT CONTRACTOR
Individuals or companies hired to perform professional services or indepen-
dent contract work (e.g. researchers, programmers, temporary clerical , coun-
selors, etc. ) must have a signed contract stating that they are independent
contractors and the terms of the agreement.
The selection/acquisition process should be the same as for any other good
or service purchased by the County. A request should be made to Purchasing
in the form of a requisition requesting the services. Purchasing will then
contact the requesting department regarding the service and available vendors
(either individual or company) . If the service can be provided by other than
a sole provider, a request for proposal or request for quote will be made by
Purchasing with assistance from the requesting department.
The selection process will be in accordance with good purchasing practices
and may vary with each specific service.
In the case of a sole provider, the Purchasing Department will make the
determination that no other qualified vendors are available or practical
for use by the County. In cases of a sole provider the reason or reasons
for specifying sole provider must be stated in the signed contract for the
record.
Contracts over $2,000 will follow the normal purchasing process specified
in the Administrative Manual , which requires presentation to the Board for
approval and specific Board action on the individual contract.
Contracts under $2,000 will follow the normal purchasing process specified
in the Administrative Manual , but can be approved by Purchasing and the
contract be placed on the Standard Agreement Form approved by the County
Attorney and Board of County Commissioners. The Standard Agreement must
be signed by the Chairman of the Board, who has been given previous blanket
authority by the full Board.
Colorado Revised Statutes require that all contracts must be approved by
the Board of County Commissioners and signed by the Chairman of the Board
in order to be valid. Therefore, prior to utilization of any independent
contractor, a signed contract should be completed to avoid any personal
liability. Individual contracts and the Standard Agreement form approved
by the Board and the County Attorney specify the terms of the contract and
have additional provisions which protect the interests of the County, as
well as individual County employees who may be involved with the actual work
being performed.
f"`NTY OF WELD, STATE OF COLORADC`^
STANDARD AGREEMENT
THIS AGREEMENT, made and entered into this , day of , 19 ,
by and between the COUNTY OF WELD, State of Colorado, hereinafter called the
County, and
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. )
CONTRACT PERIOD will be from through
COMPENSATION: County agrees to pay Contractor for services performed hereunder
at a rate of $ per and/or
The total amount paid by County to Contractor under this agreement shall not
exceed the sum of $
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 OF WELD CONTRACTOR
By
Chairman, Board of County
Commissioners By
Title
Approved As To Form: Address
Purchasing
Director of Finance &
Administration
ADDITIONAL PROVISIONS r
•
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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