HomeMy WebLinkAbout20083330.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,COLORADO,
AND GREELEY CHAMBER OF COMMERCE 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 Greeley
Chamber of Commerce 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,Greeley Chamber of Commerce has been awarded the sum of$5,000.00 from
Weld County General Fund monies, which monies are for the purpose of improving tourism
services to Weld County citizens, and
WHEREAS,the contract period shall be from January 1,2009,through December 31,2009,
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
Greeley Chamber of Commerce as a recipient of Weld County General Fund monies be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair of the Board of County
Commissioners of Weld County, Colorado, be, and hereby is, authorized to sign said agreement.
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RESOLUTION - GREELEY CHAMBER OF COMMERCE
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 17th day of December, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: litetki /ti 'a , /
` �"'""�'• `, Wi ' H Je ke, Chair
Weld County Clerk t• � °
. sd n, Pro-Tern
Robert D. sden, ro-Te
BY: . .oi _• � . l'
Deputy Clerk to the d' [/(� tan:-
dam . rcia
AP D- D RM:
David E. Long
Colrit'y Attorney
uglas ademacher
Date of signature: /-2/-12A7
2008-3330
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 17th day of December, 2008, by and
between Weld County, hereinafter referred to as "Weld" and Greeley Chamber of Commerce,
hereinafter referred to as "Contractor", the parties agree as follows:
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has awarded
Greeley Chamber of Commerce a sum of $5,000.00 of Weld County General Fund monies to
provide tourism services, 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 of improving tourism services 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 a tourism program.
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 Greeley Chamber of Commerce.
2. CONTRACT PERIOD will be from January 1, 2009, through December 31, 2009.
3. COMPENSATION: "Weld" agrees to pay "Contractor" for services performed
hereunder at a rate of$5,000.00 per year in 2009.
4. The total amount paid by"Weld"to"Contractor" under this Agreement shall not exceed
the sum of$5,000.00.
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 perform tourism activities on behalf of Weld County as
determined by the Board of Directors of Greeley Chamber of Commerce.
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.
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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.
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
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MEMORANDUM OF AGREEMENT - GREELEY CHAMBER OF COMMERCE
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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 County 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 December, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
1{, h ,
z _ 'GIs
Weld County Clerk to tfia f oars .,) BY: / I
t ,. ', William H. Jerke, Chair I
By:
Deputy Cler to the Board GREELEY CHAMBER OF COMMERCE
BY Xs “..ti N d\ ' \(11\`•:' 1\. Ail .
2008:x.
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