HomeMy WebLinkAbout20152132.tiff RESOLUTION
RE: APPROVE STANDARD FORM OF MEMORANDUM OF UNDERSTANDING FOR
COLLECTION OF SALES AND/OR USE TAX BY WELD COUNTY CLERK AND
RECORDER AND AUTHORIZE CHAIR TO SIGN DOCUMENTS CONSISTENT WITH
SAID FORM
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 a Standard Form of Memorandum of
Understanding for Collection of Sales and/or Use Tax among the Weld County Clerk and
Recorder's Office, the Treasurer, and various municipalities, and
WHEREAS, after review, the Board deems it advisable to approve the form of said
memorandum of understanding, a copy of which is attached hereto and incorporated herein by
reference, and to delegate standing authority to the Chair of the Board of County
Commissioners to execute individual memorandums of understanding among the Weld County
Clerk and Recorder's Office, Treasurer, and various municipalities.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Standard Form of Memorandum of Understanding Collection of
Sales and/or Use Tax among the Weld County Clerk and Recorder's Office and Treasurer and
various munciplites be, hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any memorandums of understanding consistent with said form.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of July, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
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Date of signature: �J
2015-2132
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MEMORANDUM OF UNDERSTANDING
COLLECTION OF SALES AND/OR USE TAX
BY WELD COUNTY CLERK AND RECORDER
THIS MEMORANDUM OF UNDERSTANDING("MOU") is by and between Carly Koppes,
Weld County Clerk and Recorder(hereinafter"Clerk and Recorder"), whose address is 1402 N. 17th
Avenue, Greeley, CO 80631; John Lefebvre, Weld County Treasurer(hereinafter"Treasurer"),whose
address is 1400 N. 17th Avenue, Greeley, Colorado,the Weld County Board of County Commissioners
whose address is 1150"O" Street, Greeley, Colorado 80631; and
(hereinafter"Municipality"), whose address is
WITNESSETH:
WHEREAS, Municipality charges a sales tax of % of the purchase price upon all motor
vehicle purchases that occur within the boundaries of Municipality(hereinafter"the Sales Tax"), and
WHEREAS, Municipality charges a use tax of % of the purchase price upon all motor
vehicle purchased for use by Municipality's residents (hereinafter"the Use Tax"), and
WHEREAS, Municipality desires to have Clerk and Recorder collect the Sales Tax and/or Use
Tax from persons who are in the process of licensing them through the Clerk and Recorder, and
WHEREAS,the parties hereto agree to said collection of the Sales Tax and/or Use Tax
according to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1. COLLECTION OF TAXES. Clerk and Recorder shall collect the Sales Tax and/or Use
Tax upon the registration of motor vehicles subject to such taxes. No registration or
title shall be issued by the Clerk and Recorder unless either payment of the Sales Tax
and/or Use Tax is made or evidence of exemption from such taxes is presented at the
time of registration.
2. TRANSMITTAL OF FUNDS TO MUNICIPALITY. Clerk and Recorder shall
transmit all funds collected to the Weld County Treasurer, who shall transmit 95%of
the funds collected to Municipality within thirty five days of the receipt of the end of
the month report from the State of Colorado; retaining 5% as payment due for the
aforementioned collection. Such retained payment shall be submitted into County's
General Fund. In the event that the funds cannot be transmitted within the specified
time frame the Clerk and Recorder or Treasurer shall notify the recipient and establish a
new date of delivery. Neither party to this Agreement shall be liable to the other for
delays in delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control,
including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental actions. 2015-2132
3. ENTIRE MOU. This instrument embodies the entire MOU of the pauues wim respect
to the subject matter hereof. There are no promises, terms, conditions, or obligations
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other than those contained herein; and this MOU shall supersede all previous
communications, representations, or MOUs, either verbal or written,between the parties
hereto. No modification to this MOU shall be valid unless agreed to in writing by the
parties hereto.
4. NO THIRD-PARTY ENFORCEMENT. It is expressly understood and agreed that the
enforcement of the terms and conditions of this MOU, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in
this MOU shall give or allow any claim or right of action whatsoever by any other
person not included in this MOU. It is the express intention of the undersigned parties
that any entity other than the undersigned parties receiving services or benefits under
this MOU shall be an incidental beneficiary only.
5. TERMINATION. Either party may terminate this agreement upon 30 days written
notice.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to
execute this MOU the day and year first above written.
WELD COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Board Barbara Kirkmeyer, Chair
TREASURER: CLERK AND RECORDER:
By: By:
John Lefebvre Carly Koppes, Weld County
Weld County Treasurer Clerk and Recorder
MUNICIPALITY:
ATTEST: , a municipal
corporation of the STATE OF COLORADO
By: By:
, Clerk , Mayor
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