HomeMy WebLinkAbout780046.tiff RESOLUTION
RE: AUTHORIZATION FOR CHAIRMAN TO SIGN CONTRACT BY AND BETWEEN
WELD COUNTY BOARD OF COUNTY COMMISSIONERS, FOR AND ON BEHALF
OF THE WELD COUNTY COUNCIL AND ANTHONY JENKINS, PERFORMANCE
AUDITOR.
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, pursuant to Article XIII, Section (7) of the Weld
County Home Rule Charter, the Weld County Council may appoint
a performance auditor for the purpose of assisting the County
Council in carrying out the duties set forth for said Council
in Article XIII, Section (6) , and the Weld County Council has
hereinbefore appointed Anthony Jenkins as its Performance
Auditor, and
WHEREAS, the Weld County Council has requested the Board
of County Commissioners to enter into a contract for and on
behalf of the County Council with Anthony Jenkins for the
services rendered as Performance Auditor, and
WHEREAS, it has been agreed by all parties to said contract
that Anthony Jenkins as Performance Auditor will be paid by
Weld County for all work performed by him for the Weld County
Council, upon completion of the same, at the rate of $6. 00 per
man hour, and
WHEREAS , in addition, Weld County agrees to reimburse said
Performance Auditor at the rate of 120 per mile for each mile
necessarily and actually traveled by him in connection with his
duties. The manner of payment for services rendered by the
Performance Auditor shall be made within thirty (30) days of
the end of each calendar month. Either the Weld County Council
or Performance Auditor may cancel this Contract on three days
written notice; otherwise, said Contract shall remain in force
for a term of one (1) year from the date of said contract,
which is January 23 , 1978 , and
WHEREAS, after determining that said contract meets the needs
of all involved, the Board of County Commissioners has, therefore,
authorized the Chairman to sign the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the aforementioned
� �� 780046
contract by and between the Weld County Board of County Commis-
sioners, for and on behalf of the Weld County Council, and
Anthony Jenkins, Performance Auditor, be, and hereby is,
authorized to be signed by the Chairman of the Board.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 23rd day of
January, A.D. , 1978 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: , d l,,N1/4. iJ ✓'c(yZ/ —
County Clerk and Recorder
and ,C erk to the Bo
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eputy County t
^APPROVED/AS TO FORM:
County Attorney
Date Presented: February 1, 1978
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CONTRACT
THIS CONTRACT, made this 23rd day of January, 1978, between
the WELD COUNTY BOARD OF COUNTY COMMISSIONERS of the County of
Weld, State of Colorado, hereinafter referred to as Employer, for
and on behalf of the WELD COUNTY COUNCIL, and ANTHONY JENKINS
of the City of Greeley, County of Weld, State of Colorado, herein-
after referred to as Performance Auditor.
RECITALS
1. Employer is the governing board for the Home Rule County
of Weld, State of Colorado, however, the Performance Auditor is
to be considered at all times an independent contractor working
with the Weld County Council and the Weld County Council shall have
the sole right to assign duties to the Performance Auditor.
2. Article XIII , Section (7) of the Weld County Home Rule
Charter provides that the Weld County Council may appoint a per-
formance auditor for the purpose of assisting the said Council in
carrying out the duties set forth for said Council in Article XIII ,
Section (6) , and the Weld County Council has hereinbefore appointed
the aforesaid Anthony Jenkins pursuant to said Article of the
Weld County Home Rule Charter.
3. Said Weld County Council has requested that Weld County
enter into a contract with the Performance Auditor above named to
have him render to said Council the services of performance auditor
pursuant to the provisions of Article XIII , Section (7) .
In consideration of the mutual promises set forth herein, it
is agreed by and between Employer and Performance Auditor:
DESCRIPTION OF WORK
The work to be performed by Performance Auditor includes all
services generally performed by a performance auditor in the usual
line of his business, and shall include and be limited to the work
authorized under Article XIII , Section (7) of the Weld County Home
Rule Charter. The Weld County Council shall have the sole and ex-
clusive right to assign to said Performance Auditor which aspect, or
aspects, of Weld County government it desires to have audited, and
the date for completion of such an audit. In no event shall the
Board of County Commissioners of Weld County or any other agency
of Weld County other than the Weld County Council, have any right
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to assign any duties to Performance Auditor. Performance Auditor
shall report directly to the Weld County Council concerning the
results and status of any audit being performed by him.
PAYMENT
Employer agrees to pay Performance Auditor for all work per-
for the Weld County Council
formed by him,/ on completion of the same, at the rate of SIX
DOLLARS ($6. 00) per man hour. In addition, Employer agrees to
reimburse Performance Auditor at the rate of 120 per mile for each
mile necessarily and actually traveled by said Performance Auditor
in connection with his duties.
MANNER OF PAYMENT
Payment to Performance Auditor under this contract shall be
made within thirty (30) days of the end of each calendar month,
and shall include payment for all hours worked the prior month
together with reimbursement for travel expenses as set forth
above.
RELATIONSHIP OF PARTIES
The parties to this contract agree that the Performance
Auditor is a professional person, and that the relationship
created by this contract is that of employer-independent contractor.
Performance Auditor is not an employee of Weld County, but is an
independent contractor and is, therefore, not entitled to benefits
provided by Weld County to its employees, including, but not
limited to, group insurance and pension plan. Peformance Auditor
may practice his profession for others during those periods when
he is not performing work under this Contract for the Weld County Council.
Weld County for and on behalf of the Weld County Council, may,
during the term of this Contract, engage other independent contrac-
tors to perform the same work that contractor performed hereunder.
LIMITATION ON DELEGATION OF PERSONAL SERVICES
The work and services provided for herein shall be performed
by Performance Auditor, and no person other than regular associates
or employees of Performance Auditor shall be engaged upon such work
or services except upon written approval of the Weld County Council,
provided that this provision shall not apply to secretarial, clerical,
routine mechanical and similar incidental services needed by Con-
tractor to assist in the performance of this agreement.
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DURATION
Either the Weld County Council or Performance Auditor may cancel
this Contract on three days written notice; otherwise, this Contract
shall remain in force for a term of one (1) year from this date.
In no event shall any agency of Weld County other than the Weld
County Council have any right to cancel this Contract.
IN WITNESS WHEREOF, the parties have executed this agreement
at Greeley, Colorado, the day and year first above written.
PERFORMANCEr, AUDIT.O1
(-
Anthony Jenkpns/'
WELD COUNTY COUNCIL
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By: * 4
WELD COUNTY BOARD OF COUNTY COMMIS-
SIONERS
By: S1i
Chairman
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¶I l_ ''���� WELD COUNTY COUNCIL
XIX0C, ]EX4FX*1(.XXKI fix OFFICE HOURS
GREELEY, CO 8O631 MONDAY 1-4 P.M.
TUESDAY B A.M. - 1 P.M.
WEDNESDAY 1-4 P.M.
1111 I PHONE 356-4OOO - EXT, 482
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COUNCIU SDAYS, A19T 9 9RD IL ME Y8, 8 A,M.
915 10th Street
COLORADO
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March 21, 1978 %VI" rs
•
Mr. Ed Dunbar, Chairman - A040°
Board of Commissioners
915 10th Street
Greeley, CO 80631
Dear Mr. Dunbar and Members of the Board:
In your letter of March 15, 1978, the Board asked that the County
Council reply in regard to the authorization and propriety of par-
ticular expenditures made by Mr. Anthony Jenkins, Performance Auditor,
during February and March, 1978.
At the regular Council meeting held on March 21, 1978, the Council
unanimously passed a motion stating that the County Council did instruct
Mr. Jenkins to carry out the investigations cited and considers the
expenditures for same to be proper under the contract in force.
Yours truly,
,4t o /Ci- Lc,
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Bob White
President
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NANCY CLARK, PRESIDENT - PHONE 353-3193 BOB E. WHITE, VICE PRESIDENT - PHONE 656-3672
JOHN T. MARTIN, HOME 857-2471 - Bus. 857-6675 FLOYD OLIVER, SR. HOME 352-1667
ROBERT P. MARTIN, HOME 356-1O54 - Bus. 353-2199
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