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HomeMy WebLinkAbout850156.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 January 1 , 1985 , to December 31 , 1985 , and compensation shall be at a rate of $300 . 00 per day plus 30 per mile for vehicle use. The total amount of said agreement shall not exceed the sum of $20 , 000 . 00 , and WHEREAS , Section 13-8 (7) of the Home Rule Charter provides that: "The Council may appoint a performance auditor who shall be responsible solely to the Council. The Council shall determine his qualifications and compensation. He shall serve at the pleasure of the Council. The office of performance auditor need not be a permanent position, but the office may be filled by the Council as it deems necessary. " 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 Commissioners 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 that payment shall not be authorized for investigations conducted on any corporate body, political subdivision or non-profit corporation to which the County contributes funds but over which the County has no administrative authority such as the North Colorado Medical Center, Airport Authority, Community Center Foundation, Chamber of Commerce, etc. 850156 Page 2 RE: AGREEMENT WITH HYLAND ASSOCIATES The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of January, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: ail" . L . 0444.�tUb 4lm/ WELD COUNTY, COLORADO Weld Count Clerk and Recorder and Clerk to the Board �J cqu ine Jo n on, Chairman EXCUSED DATE OF SIGNING - AYE 0BY; tri ) Gene R. Brantner, Pro-Tem De uty County Clerk APPRO D AS TO FORM: C.W. Ki 2 Go do c County Attorney 7 AV Frank guc'gucc No. 0036 COUNTY OF WELD, STATE OF COLORADO STANDARD AGREEMENT THIS AGREEMENT, made and entered into this day of , 1984 , by and between the COUNTY OF WELD, State of Colorado, hereinafter called the County, and Hyland Associates 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. ) Contractor will undertake certain investigations as a performance auditor as requested by and authorized by the Weld County Council. Fees and expenses begin with the departure of the contractor from the office of contractor and conclude upon return thereto. CONTRACT PERIOD will be from January 1, 1985 through December 31, 1985 COMPENSATION: County agrees to pay Contractor for services performed hereunder at a rate of $ 300.00 per day and/or 30( per mile for vehicle use. • The total amount paid by County to Contractor under this agreement shall not exceed the sum of $ 20,000.00 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 OF WELD CONTRACTOR C / .. hairman\Boar. o County Co- issioners By Hyland Associates Owner Title 215 Gilbert Street - — Address ApprO 5 To rm: Castle Rock, CO 80104 zdr Pu haling i ector o F' a c 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 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. ? MEMORAI1DUMEORAflDU ,� � Foil. ingC. To Board of Commissioners Date December 26, 1984�� i COLORADO From County Council ,, Vicky O.5 Subsect:1985 Contract with Hyland Associates Attached is a contract for 1985 between Hyland Associates and the Council . It is being submitted for your approval . Thank you. WILD P't,l ry rr,.1,,,.,,,,,,r (,__I.i`j-1 •'_.t ,Li;•. ..:"7:7) I' DEC 2 8198 Hello