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HomeMy WebLinkAbout850100.tiff RESOLUTION RE: APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND WEST GREELEY SOIL CONSERVATION DISTRICT AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME 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 West Greeley Soil Conservation District 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 said Memorandum of Agreement is attached hereto and incorporated herein by reference, and WHEREAS, West Greeley Soil Conservation District has been awarded the sum of $3 ,025 .00 from Weld County General Fund monies, which monies are for the purpose of providing clerical support to soil conservation activities in Weld County, and WHEREAS, the contract period shall be from January 1 , 1986 through May 31 , 1986 , and WHEREAS , the Board of County Commissioners deems it advisable and in the best interests of Weld County to approve said Memorandum of 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 West Greeley Soil Conservation District as a recipient of Weld County General Fund monies be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman of the Board of County Commissioners of Weld County, Colorado, be, and hereby is, authorized to sign said Memorandum of Agreement. 850100 Page 2 RE: MEMORANDUM OF AGREEMENT - GENERAL FUND MONIES The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1985. BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO a 4 %.cki� Jo n , Chairman ATTEST: 6.yi1 (�•� tzts, EXCUSED Weld County Clerk and Recorder Gene R. Brantper, Pro-Tem and Clerk to to the oard leileel Deputy oun Clerk EXCUSED APPRO D 1S TO /F///O///ygN: , Gordon E. Lacy County A / n y (ivYy vrCank Y uch County A tlYrney Frank Ya guch MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into on this , the 23rd day of December, 1985 , by and between Weld County, hereinafter referred to as "Weld" and West Greeley Soil Conservation District, hereinafter referred to as "Contractor" , the parties agree as follows: WHEREAS, the Board of County Commissioners of Weld County, Colorado, has awarded West Greeley Soil Conservation District a sum of $3 ,025 .00 in Weld County General Fund monies to perform clerical support for soil conservation in Weld County, and WHEREAS, the parties hereto are desirous of formalizing an Agreement for the express purpose of performing clerical support for soil conservation activities in Weld County, 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 performing clerical support for soil conservation activities in Weld County. 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 within the West Greeley Soil Conservation District. 2. CONTRACT PERIOD will be from January 1 , 1986 through May 31 , 1986 . 3 . COMPENSATION: "Weld" agrees to pay "Contractor" for services performed hereunder at the rate of $1 , 815 for the first quarter, and $1 ,210 for the remaining portion of the second quarter. 4 . The total amount paid by "Weld" to "Contractor" under this Agreement shall not exceed the sum of $3 ,025 .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 expenditures 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. 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" . The "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 any time 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 . The "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 the "Contractor" shall have full use of the equipment for so long as the "Contractor" continues to function at its current capacity in Weld County, Colorado. IN WITNESS WHEREOF, the parties above named have executed this agreement on the 23rd day of December, 1985. BOARD OF COUNTY COMMISSIONERS ATTEST:oat ¢�Alltoaty WELD COUNTY, COLORADO B �,, -- Weld County Clerk and Recorder \S,hair n m* CIPand Clerk to the oard BY: e144 Deputy Couni Clerk I/jai/424 1,C . . ontractor By:\12)1±#,,t 42 fy it, Hello