HomeMy WebLinkAbout20220250.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND GREAT WESTERN TRAIL AUTHORITY AS A RECIPIENT OF
WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR 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 of providing maintenance
of the Great Western Trail from Windsor to Eaton, and
WHEREAS, the contract period shall be from January 1, 2022, through December 31,
2022, and
WHEREAS, the Board of County Commissioners deems it advisable and in the best
interest 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
Great Western Trail Authority, as a recipient of Weld County General Fund monies be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the
Commissioners of Weld County, Colorado,
memorandum of agreement.
Board that the Chair of the Board of County
be, and hereby is, authorized to sign said
Cc. Fi(D"J/5o), AGT(eP/cD), CA(8B), 2022-0250
��) F10075
/L7/22
RESOLUTION - GREAT WESTERN TRAIL AUTHORITY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of January, A.D., 2022, nunc pro tunc January 1, 2022.
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
ATTEST:„/
Sc tt K. James, Chair
Weld County Clerk to the Board
EXCUSED
2022-0250
F10075
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 17th day of January 2022, 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:
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, 2022, through December 31, 2022.
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."
2022-0250
F10075
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.
F10075
MEMORANDUM OF AGREEMENT - GREAT WESTERN TRAIL AUTHORITY
PAGE 3
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
17th day of January, A.D., 2022.
ATTEST: �&Zk BOARD OF COUNTY COMMISSIONERS
Weld my Clerk to the u, WE COUNT , COLORADO
BY:
Deputy CI to t o O c t K. James, Chair J 1 7 2022
APPROVED AS TO FU APPRO
Controller Elected Official or Department Head
APP D
County Attorney
GREAT W TERN TRAIL AUTHORITY
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