HomeMy WebLinkAbout20233743.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO,AND GREAT WESTERN TRAIL AUTHORITY AS RECIPIENT OF WELD
COUNTY GENERAL FUND MONIES,AND AUTHORIZE CHAIR PRO-TEM 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,a Memorandum of Agreement between Weld County,Colorado,and Great
Western Trail Authority 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 which is attached
hereto and incorporated herein by reference,and
WHEREAS,Great Western Trail Authority has been awarded the sum of$10,000.00 from
Weld County General Fund monies,which monies are for the purpose providing maintenance of
the Great Western Trail from Windsor to Eaton,and
WHEREAS,the contract period shall be from January 1,2024,through December 31,
2024,and
WHEREAS,the Board of County Commissioners deems it advisable and in the best
interest of Weld County to approve said 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
Great Western Trail Authority as a recipient of Weld County General Fund monies,be,and hereby
is,approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem,be,and hereby is,
authorized to sign said agreement.
CC:FI(RR/GP/So),AcT(co/cD) 2023-3743
O t/to(2L{ FI0079
MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,COLORADO,AND GREAT
WESTERN TRAIL AUTHORITY AS RECIPIENT OF WELD COUNTY GENERAL FUND MONIES
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 18th of December,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: CA c EXCUSED
Mike Freeman,Chair
Weld County Clerk to the Board
B� .IIV Qhu) Perry/L.Bu ,Pro-Tem
Deputy Clerk to the BoardSL
K.James
.RossIto
Coun.1•"orney s ,
-------�w
IZ f se, Y� �, aine
Date of signature: Zt[Z3
2023-3743
FI0079
MEMORANDUM OF AGREEMENT
THIS AGREEMENT,made and entered into on this,the 18th day of December,2023,by
and between Weld County,hereinafter referred to as"Weld"and Great Western Trail Authority
(GWTA),hereinafter referred to as"Contractor",the parties agree as follows:
WHEREAS,the Board of County Commissioners of Weld County,Colorado,has awarded
Great Western Trail Authority a sum of$10,000.00 of Weld County General Fund monies to
provide maintenance of the Great Western Trail from Windsor to Eaton,and
WHEREAS,the County implements programs and services to residents throughout Weld
County,and
WHEREAS,the"Contractor"provides services in Weld County to the citizens of Weld
County,and
WHEREAS,the parties hereto are desirous of formalizing an agreement for the express
purpose providing maintenance of the Great Western Trail from Windsor to Eaton to Weld County
citizens,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 providing maintenance of the
Great Western Trail from Windsor to Eaton.
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 by Contractor.
2. CONTRACT PERIOD will be from January 1,2024,through December 31,2024.
3. COMPENSATION: "Weld" agrees to pay "Contractor" a one-time grant of
$10,000.00.
4. The total amount paid by"Weld"to"Contractor"under this Agreement shall not
exceed the sum of$10,000.00.
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"agrees to provide case management services and coordinate provision
of other services needed for persons who are developmentally disabled as provided
in Sections 27-10.5-102 and 27-10.5-104,et seq.,C.R.S.,and Section 27-65-127,
C.R.S.,including such assistance to the Weld County Attorney for presentation of
evidence in court proceedings as allowed by law and appropriate affirmative steps
to offer case management services and to coordinate provision of the services
needed to developmentally disabled persons involved in court proceedings who are
not,at the time of referral to the Weld County Attorney,receiving services from
"Contractor."
a,do23-51 3
MEMORANDUM OF AGREEMENT-GREAT WESTERN TRAIL AUTHORITY
PAGE 2
7. "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 expenditure
of its own funds.
8. "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.
9. "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.
10. "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". "Contractor" shall provide necessary worker's compensation
insurance at"Contractor's"own cost and expense.
11. "Contractor"may not assign or transfer this agreement,any interest therein or claim
thereunder without the prior written approval of"Weld".
12. 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.
13. "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.
14. "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".
15. No alteration or variation of the terms of this agreement shall be valid unless made
in writing and signed by the parties hereto.
16. "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.
17. Any equipment acquired from funds covered by this contract shall remain the
property of"Weld",but"Contractor"shall have full use of the equipment for so long
as "Contractor" continues to function at its current capacity in Weld County,
Colorado.
MEMORANDUM OF AGREEMENT-GREAT WESTERN TRAIL AUTHORITY
PAGE 5
18. Contractor certifies that it shall comply with the provisions of Section 8-17.5-101,
et seq.,C.R.S. "Contractor"shall not knowingly employ or contract with an illegal
alien to perform work under this Contract or enter into a contract with a
subcontractor that fails to certify to"Contractor"that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this
Contract. "Contractor"represents,warrants,and agrees that it(a)has verified that
it does not employ any illegal aliens, through participation in the Basic Pilot
Employment Verification Program administered by the Social Security
Administration and Department of Homeland Security, and (b) otherwise will
comply with the requirements of Section 8-17.5-102(2)(b),C.R.S. "Contractor"
shall comply with all reasonable requests made in the course of an investigation
under Section 8-17.5-102, C.R.S., by the Colorado Department of Labor and
Employment. If"Contractor"fails to comply with any requirement of this provision
or Section 8-17.5-101,et seq.,C.R.S.,"Weld"may terminate this Contract for
breach and"Contractor"shall be liable for actual and consequential damages to
Contractor.
Except where exempted by federal law and except as provided in Section 24-76.5-
103(3),C.R.S.,if"Contractor"receives federal or state funds under this Contract,
"Contractor"must confirm that any individual natural person eighteen(18)years of
age or older is lawfully present in the United States pursuant to Section 24-76.5-
103(4),C.R.S.,if such individual applies for public benefits provided under this
Contract. If"Contractor"operates as a sole proprietor,it hereby swears or affirms
under penalty of perjury that it(a)is a citizen of the United States,or is otherwise
lawfully present in the United States pursuant to federal law,(b)shall produce one
of the forms of identification required by Section 24-76.5-101,et seq.,C.R.S.,and
(c)shall produce one of the forms of identification required by Section 24-76.5-103,
C.R.S.,prior to the effective date of this Contract,
IN WITNESS WHEREOF,the parties above named have executed this agreement on the
18th day of December,A.D.,2023.
ATTEST: ." Z „ .4°4 BOARD OF COUNTY COMMISSIONERS
Weld Co Clerk to the Board WE UNTY,COLO O
Deputy Cler o th,Boar eery L.B k,Chair Pro-Tem DEC 1 8 2923
APPROVED AS TO FUNDING. SUBSTANCE:APPROVED AS TO
rt
Aar `�#���•�� , .� s,
Controller or Chief Financial Of` r r` - Id Official or Department Head
'11 .
l
APPROVED AS TO FORM:
01,
County Attorney 1 \ ►
ARE ERN AUTHORITY
Y:
az7 -57 5
Hello