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HomeMy WebLinkAbout810047.tiff RESOLUTION RE: APPROVAL OF COUNTY COUNCIL AGREEMENT BETWEEN WELD COUNTY AND HYLAND ASSOCIATES . 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 Hyland Associates has been presented to the Board of County Commissioners for approval , and WHEREAS, said agreement concerns Hyland Associates conducting certain investigations as requested and authorized by the Weld County Council, and WHEREAS, the contract period will be from March 31 , 1981 until investigation requirements are completed and compensation shall be at a rate of $250 . 00 per day. The total amount of said agreement shall not exceed the sum of $10 ,000 . 00 , and WHEREAS, the Board of County Commissioners has studied said agreement and deems it advisable to approve the same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Weld County, Colorado that the agreement between Weld County and Hyland Associates be, and hereby is, approved provided that Hyland Associates identify, on their monthly bills , the County Departments to be investigated. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado that payment shall not be authorized for investigations conducted on any corporate body, political subdi- vision or non-profit corporation to which the County contributes funds but over which the County has no administrative authority such as the Weld County General Hospital, Airport Authority, Com- munity Center Foundation, Chamber of Commerce, etc. 81OO47 The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 1st day of April, A.D. , 1981 . q BOARD OF COUNTY COMMISSIONERS ATTEST: 1/47712,244,1:271., W w'' WELD, COUNTY, CO RADO/ kn.fl 3.,ze d (/Weld County clerk and Recorder ic. ,e�"L/, _ (No) and_Clerk to the Boar Chuck Carlson, Chairman L. _.2 eputy County erk Norman Carlson, Pro-Tem APP ED AS B-_. • . Lj / (Aye) /�- 11! ,it tC / C_`, ,a C. `KiYby --T County Attorney i4yL,(Aye) J n T. Martin ye) ne K. St inmark DATE PRESENTED: APRIL 6 , 1981 No. 0012 COUNTY OF WELD, STATE OF COLORADO STANDARD AGREEMENT THIS AGREEMENT, made and entered into this 19th day of March by and between the COUNTY OF WELD, State of Colorado, hereinafter called the 1981 County, and HYLAND ASSOCIATES hereinafter called the Contractor. WITNESSFTH: 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 undertake certain investigations as a performance auditor as requested by and authorized by the Weld County Council . Completion of CONTRACT PERIOD will be from March 31, 1981 Investigative through Requirements COMPENSATION: County agrees to pay Contractor for services performed hereunder at a rate of $ 250 per day and/or The total amount paid by County to Contractor under this agreement shall not exceed the sum of $ 10,000.00 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 WELD CONTRACTOR By ( " 1� U�2 ¢cP e car p j Chairman, Boa of ounty - Commissioners By ; aids Lc g_\ Title / �% APProV T Address ALOCt u-eit_ I @o-to--1 a ovo- 0o)-2Z Pur h s -- Gi_Germs_ D' e t r o financence&R 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 he 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. TO: WELD COUNTY COUNCIL Greeley, Colorado Persuant to our informal discussion, I wish to make the following proposal for investigative work on behalf of the Weld County Council : 1. Hyland Associates will undertake certain investigations requested by and authorized by the Weld County Council . (referred to hereafter as Council ) 2. During the conduct of such investigations, Hyland Associates will be acting as an agent for the Council . This agent authority will extend solely and specifically to matters pertaining to the investigation and no authority is granted to Hyland Associates to conduct any business for the Council not pertaining to requested investigations. 3. The Council agrees to pay Hyland Associates fees of $250 per day for services, plus all reasonable expenses incurred in connection with requested investigations, including 25¢ per mile for company vehicle use. Fees and expenses begin with the departure of the agent from the office in Denver and conclude upon return thereto. 4. Fees and expenses are payable upon submission of a completed report to the Council . Any requested investigation requiring more than 30 days investigative work will be billed on a monthly basis as segments of the investigation are completed and reports for the segment are submitted by the Council . �titCQ ./ HYLAND ASSOCIATES � DAT( Al� 2G c (2 3Afiti WELD COUNTY COUNCIL DATE Hello