Loading...
HomeMy WebLinkAbout20090784.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PERFORMANCE OF ACCOUNTING SERVICES AND AUTHORIZE CHAIR TO SIGN - GREELEY-WELD COUNTY AIRPORT AUTHORITY 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 Intergovernmental Agreement for the Performance of Accounting Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Greeley -Weld County Airport Authority, commencing January 1, 2009, and ending December 31, 2009, with further terms and conditions being 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 Intergovernmental Agreement for the Performance of Accounting Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Greeley -Weld County Airport Authority be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 1st day of April, A.D., 2009, nunc pro tunc January 1, 2009. ATTEST: Weld County Clerk to the Board BY. Deputy eferk to the Board Date of signature. ORM: County Attorney y/a3/ 7 BOARD OF CO NTY COMMISSIONERS LD OU , COLORADO r3' F. Garcia, Chair c w .�f u, Fs "ademach:r, Pro-Tem CUSED Sean P. Conway jai ya Kirkmeyer .� cA.,` David E. Long j 0C` , Pv CA c-ik 2009-0784 AP0023 Greeley -Weld County Airport www.gxy.net TO: Esther Gesick Deputy Clerk FROM: Mike Reisma Airport Mana RE: Intergovernmental Agreement March 25, 2009 Please find attached two originally executed copies of the IGA between the Airport Authority and Weld County for the performance of accounting services. The document has already been approved and executed by the Airport Board of Commissioners. Your assistance in placing the document on the agenda for the BOCC would be appreciated. If you would let me know what day this is scheduled for, that too would be appreciated. One fully executed copy will need to be returned to us for our permanent records after approval by Weld County. Thanks for your assistance. P.O. Box 727 • Greeley, CO 80632-0727 V Greeley 2009-0784 Phone: 970.336.3000 • Fax: 970.336.3030 Intergovernmental Agreement between Greeley -Weld Airport Authority and Weld County for the Performance of Accounting Services This Agreement, effective the 11' day of January, 2009, between the Greeley -Weld Airport Authority (hereinafter "Airport"), and the Board of County Commissioners of Weld County, Colorado ( hereinafter "County"), is to establish the duties and responsibilities of Airport and County with respect to the accounting and personnel services which County herein agrees to provide for Airport. Whereas, the parties agree that County has been providing and shall continue to provide certain accounting and personnel services enumerated in Exhibit A which is attached hereto and made a part hereof by reference below for and on behalf of Airport; and Whereas, in order to carry out its duties as an airport authority under C.R.S. §§ 41-3-101 through 41-3-108, Airport must perform the functions enumerated in Exhibit A; and Whereas, the services enumerated on Exhibit A can be more efficiently provided by the County; and Whereas, County is able to economically and efficiently provide those services to Airport; and Whereas, Airport maintains a portion of its cash assets in a checking account managed by the Weld County Treasurer, and all earnings on said account are retained by County; and Whereas, it is necessary and desirable that an agreement be executed in order to identify the specific duties and responsibilities of the parties to assure the appropriate flow of information and reports between the parties; and Whereas, C.R.S. §§ 29-1-202 through 29-1-203 and C.R.S. §§ 41-3-105 through 41-3-106 provides statutory authority for the parties to enter into an agreement for County to provide the services enumerated herein. It is therefore agreed as follows: 1. Term: The term of this Agreement shall be for a period of one year, beginning January 1, 2009 and ending December 31, 2009. 2. Scope of Work: County shall perform all services enumerated in Exhibit A attached to this Agreement for the calendar year beginning January 1, 2009 and ending December 31, 2009. 3. Status of Employees: The parties agree that as a result of this agreement, no employee of Airport shall become or be considered an employee of County, nor shall an Airport employee be entitled to any payment or benefit usually reserved to the employees of County. Similarly, as a result of this agreement, no employee of County shall become or be considered an employee of Airport, nor shall a County employee be entitled to any payment or benefit usually reserved to the employees of Airport. 'CC % - £5 71)`/ 4. Termination for Convenience: When the interests of County so require, County may terminate this Agreement for the convenience of County. County shall provide Airport with a written notice of termination six (6) months in advance of the effective date of termination. The termination of this Agreement shall be effective only at the end of the fiscal year (December 31) following the notice of termination. (For example, if Notice of Termination is provided on or before June 30, 2009, the Agreement would terminate on December 31, 2009. If Notice of Termination is provided on or after July 1, 2009, the Agreement would terminate on December 31, 2010. When the interests of Airport so require, Airport may at any time terminate this Agreement for the convenience of Airport. Airport shall provide County with a written notice at any time prior to the effective date of termination. County agrees to cooperate with Airport and/or its designee in transferring data and information to the individual or entity which assumes the responsibilities held by County under this Agreement. 5. Third Party Beneficiaries: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement, shall be strictly reserved to County and Airport. Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intention of County and Airport that any person or entity, other than County or Airport, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 6. Severability: To the extent that this Agreement may be executed and performance by the parties may be accomplished within the intent of the Agreement, the terms and conditions of the Agreement are severable. Should any term or condition herein be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision of this Agreement. 7. Modification and Amendment: This Agreement may be modified pursuant to legislative and or regulatory requirements of federal or state law. Any such required modification shall automatically be incorporated into and be a part of this Agreement on the effective date of the required change as if fully set forth herein. Except as provided in this paragraph, this Agreement may not be modified or amended unless such modification or amendment is agreed to in writing by both parties and is properly executed and approved in accordance with applicable law. 8. Governmental Immunity: Nothing in this Agreement shall be deemed a waiver of the immunity granted to County under the Colorado Governmental Immunity Act, C.R.S. §§ 24- 10-101 et seq. County shall not be liable to Airport for any delay in, or failure of performance of any covenant or promise contained in this Agreement, nor shall any delay or failure constitute default or give rise to any liability for damages. 9. Renewal of Agreement: This Agreement shall automatically renew each year on the anniversary date, (the first day of January) for additional one (1) year terms, unless either party provides written notice to the other of its intention to terminate the Agreement pursuant to the terms of Paragraph 4, above. Role and Responsibilities of Airport: 1. Airport shall provide all information, data and records needed by County to provide the services and perform the functions enumerated in Exhibit A of this Agreement to the Weld County Comptroller, (Comptroller) or a person exercising the function there -of in a timely manner according to the written directives of the Comptroller, and in a format established by the Comptroller. 2. Airport shall designate one employee who will work with County and respond to requests from County for information relating to the reports. 3. Airport shall be solely responsible for the truth and accuracy of the information it provides to County. Role and Responsibilities of County: 1. The Comptroller shall prepare and deliver to Airport a list of all records, data and other information needed by County to prepare the reports and records and to perform the functions enumerated in Exhibit A. The list shall include a deadline by which the records, data and other information must be received by County. 2. County shall prepare all reports and perform all functions set forth on Exhibit A which is attached hereto and made a part of this Agreement within the time requested based upon the records, data and other information provided by Airport. 3. County shall prepare all reports in the same format in which it prepares similar reports for its own purposes, unless the parties specifically agree otherwise. 4. County shall rely only upon the records, data and other information it receives from Airport in its performance of the functions and services requested by Airport. County shall not be responsible for the verification of any records, data or other information it receives from Airport. 5. County shall use its best efforts to create the reports and to perform the functions enumerated in Exhibit A accurately, professionally, and in a timely manner. IN WITNESS WHEREOF, said parties have hereto set their hands and seals. GREELEY-WELdI AIRPORT AUTHORITY ATTEST: .TK..1%P..094T Charles Arclubequer /Tre1EAL tAie?�o W .m '� • CP� '! �OR ATTEST: Weld Coun 7 BY eputy Clerk o th y'lllllllllll ll lllllllll"`` BY: Ed Phillipsen, Chairman BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLO BY: William f Garcia, Chair 04/01/2009 ..--)9(t-e)24751 51 EXHIBIT A Personnel Services: Entry of data for newly hired Airport employees, terminated Airport employees, salary adjustments and benefit deductions Process monthly payroll checks for Airport employees based upon data and reports provided by Airport Payroll data is interfaced into Banner Finance Provide at least quarterly payroll reports Form 941 — Quarterly employer tax report W-2 Forms for employees — Annually W-3 Form for Employer — Annually Payroll data is reconciled to 941 reports and W-2 figures Accounting Services: Journal entries of all financial transactions shall be entered on a monthly basis based upon data provided by Airport Entry of budget data into Banner Finance System shall be entered annually based upon data provided by Airport Asset inventory and monthly depreciation shall be maintained on Banner Finance System based upon data provided by Airport Approve payments to vendors (which shall be entered by Airport staff in Banner Finance System) Payments shall be made to vendors with enclosures as requested and provided by Airport The following reconciliation services shall be provided to Airport: Reconciliation of cash balances to Airport Treasurer's ledger based upon data provided by Airport and Treasurer Warrant reconciliation to bank reports The following monthly reports shall be provided to Airport: Cash flow analysis Balance sheet Income Statement Audit Services: Assist independent auditor in annual audit of Airport by providing worksheets and backup to reports Upon completion of audit, enter audit adjustments Additional services: Act as resource to Airport regarding accounting entries and office staff functions Hello