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HomeMy WebLinkAbout880347.tiff RESOLUTION RE: APPROVE AGREEMENT WITH RUBISCO CORPORATION AND AUTHORIZE CHAIRMAN 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, the Board has been presented with an Agreement between Weld County and RuBisCo Corporation, and WHEREAS, the terms and conditions are as stated in said Agreement, and WHEREAS, after review, the Board deems it advisable to approve said Agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement between Weld County and RuBisCo Corporation be , and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Agreement. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 11th day of May, A.D. , 1988 . 4 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD 0 NTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board gene R. Brantner, Chairman 41,1 �-`� C.W. Pro em Deputy County Clerc EXCUSED APPROVED AS TO FORM: Jacquel 'n hnson Go a nl /7) ✓ " „ ... County Att ney fnf,"`"" Frank Yamaguchi / / L% C/0,-(/ ,, r 880347 No. 0053 COUNTY OF WELD, STATE OF COLORADO STANDARD AGRI I MFNI THIS AGREEMENT, made and entered into this 11th day of May , 1988 , by and between the COUNTY OF WELD, State of Colorado, hereinafter called the County, and RuBisCo Corporation 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. ) RuBisCo Corporation, under the direction of Dale McDonald, shall direct the project grant attached hereto and incorporated herein by reference as Exhibit A. Mr. McDonald shall direct all parties providing in-kind services as part of this grant as spelled out in letters of agreement attached hereto and incorporated herein by reference as Exhibits B - F. RuBixCo shall be responsible for filing all necessary reporting requirements for state compliance and reimbursement per the grant documents (Exhibit A) . CONTRACT PERIOD will be from through COMPENSATION: County agrees to pay Contractor for services performed hereunder at a rate of $ xX per xK and/or $15,000.00 as reimbursed per state contract attached hereto as Exhibit A. The total amount paid by County to Contractor under this agreement shall not exceed the sum of $ 15,000.00 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 CON ACTO 6yC ' man , Boar o� County Commissioners By Dale McDonald President, RuBisCo Corporation ),„3,0ei s- TT, APPrw d� T, .o — — Address D rec or o nance Administration 880347 SS# or E. I.N. EXHIBIT "A" 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 the 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 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 County harmless from any less 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 agreement or the proceeds thereof. No employe 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 purposes 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 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 agreement. 880347 Hello