HomeMy WebLinkAbout20071648.tiff RESOLUTION
RE: APPROVE ADDENDUM TO MEMORANDUM OF AGREEMENT AND AUTHORIZE
CHAIRMAN TO SIGN - UPSTATE COLORADO ECONOMIC DEVELOPMENT
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 Addendum to Memorandum of
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Upstate Colorado Economic Development, in the sum of
$1,000,000.00, with terms and conditions being as stated in said addendum, and
WHEREAS, after review, the Board deems it advisable to approve said addendum, 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,thattheAddendum to Memorandum of Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
Upstate Colorado Economic Development for funds in the sum of$1,000,000.00, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said addendum.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 11th day of June, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WEEkTUNTY, COLORADO
E La
ATTEST: "K°"f / % c
4 Corr
(142, vid E. Long, Chair
Weld County Clerk to the =•s:rd j y J� _ll y
.f' yVillia . . _a,e • ro-Tem
BY: De ty Cler o the Board(rd
William Garcia
APP D AS T
Robert D. Masde"
ou ty At rney
o�I I4 Douglas R demacher
Date of signature: l l
2007-1648
FI0045
(1(; : aoiEn ,4,41) 07-0764_07
ADDENDUM TO MEMORANDUM OF AGREEMENT
THIS ADDENDUM TO MEMORANDUM OF AGREEMENT is made and entered into
this 11th day of June,2007, by and between Weld County,Colorado, hereinafter referred to
as "Weld," whose address is 915 Tenth Street, Greeley, Colorado 80631, and Upstate
Colorado Economic Development, hereinafter referred to as"Contractor,"whose address
is 822 Seventh Street, Suite 550, Greeley, Colorado 80631, and is intended to amend the
Memorandum of Agreement between the parties herein as executed on December 20,2006.
WITNESSETH:
WHEREAS, Weld has received unanticipated grant funding from the State of
Colorado in the sum of$1,000,000.00, and
WHEREAS, on December 20, 2006, Weld and Contractor entered into a
Memorandum of Agreement wherein Weld agreed to pay Contractor the sum of$100,000.00
between January 1, 2007, and December 31, 2007, paid out in equal monthly amounts of
$8,333.33,for the purpose of providing an economic development program in Weld County,
Colorado, a copy of which is attached hereto and is made a part hereof, and
WHEREAS,the parties hereto now believe that the unanticipated funds in the sum
of $1,000,000.00 frees up General Fund monies that can be used for the purpose of
providing an economic development program in Weld County,Colorado, in that said funds
are intended to benefit the economic well being of all residents of Weld County,Colorado,
by retaining and creating jobs, and
WHEREAS, the parties hereto therefore deem it necessary to amend said
Memorandum of Agreement in order to allow for the payment of said funds in the sum of
$1,000,000.00 to Contractor for the purpose of enhancing the economic well being of Weld
County and retaining and creating jobs in Weld County.
NOW,THEREFORE, in consideration of mutual promises and covenants contained
herein,the parties hereto agree to amend their Memorandum of Agreement dated December
20, 2006, a copy of which is attached hereto, as follows:
1. That in addition to the$1,000,000.00 of Weld County General Fund
monies to provide economic development services in Weld County,
Colorado, Weld agrees to pay to Contractor the sum of
$1,000,000.00 for the purpose of retaining and creating jobs in Weld
County.
2. That this agreement is between the parties hereto only and is not
intended, by virtue of the promises and covenants contained herein,
to benefit, either directly or indirectly, any third party.
3. That Contractor and Weld agree that all the terms and conditions as
set forth in the Memorandum of Agreement dated December 20,
2006, which is attached hereto shall be in full effect from this date
forward and are not altered by virtue of this Addendum unless
specifically stated herein.
200-1- i04
IN WITNESS WHEREOF, the parties hereto have executed this Addendum to
Memorandum of Agreement on the 11th day of June, A.D., 2007.
ATTEST: -.:: ', fJ
Clerk to the Board of , NA, r Id County, Colorado, by and
County Commissioners q�t' i:30i ugh the Board of County
( , '�_`=' issioners of Weld County
1 toL a'
BY: Al l r' z
De ty CI to the Boar "y C
David E. Long, Chairman
06/11 07
Upstate Colorado Economic
Developm
MEMORANDUM OF AGREEMENT
THIS AGREEMENT,made and entered into on this, the 20th day of December, 2006, by
and between Weld County, hereinafter referred to as 'Weld" and Upstate Colorado Economic
Development, hereinafter referred to as "Contractor", the parties agree as follows:
WHEREAS,the Board of County Commissioners of Weld County,Colorado, has awarded
Upstate Colorado Economic Development a sum of$100,000.00 of Weld County General Fund
monies to provide economic development 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 economic development 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 an economic development
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 Upstate Colorado Economic Development.
2. CONTRACT PERIOD will be month to month from January 1, 2007, through
December 31, 2007, with a 30-day termination notice.
3. COMPENSATION: "Weld" agrees to pay "Contractor' for services performed
hereunder at a rate of$8,333.33 per month in 2007, providing the City of Greeley
pays an equal amount each month. In the event the City of Greeley terminates its
contract with Upstate Colorado Economic Development prior to December 31,2007,
this agreement shall terminate concurrent with any termination date of the City of
Greeley's termination of services with Upstate Colorado Economic Development.
4. The total amount paid by "Weld" to "Contractor' under this Agreement shall not
exceed the sum of$100,000.00.
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 economic development activities on behalf of Weld
County as determined by the Board of Directors of Upstate Colorado Economic
Development.
2006-3495
FI0044
MEMORANDUM OF AGREEMENT- UPSTATE COLORADO ECONOMIC DEVELOPMENT
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.
2006-3495
FI0044
MEMORANDUM OF AGREEMENT- UPSTATE COLORADO ECONOMIC DEVELOPMENT
PAGE 3
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 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
20th day of December, A.O., 2006.
��/ BOARD OF COUNTY COMMISSIONERS
ATTEST: I;,/;.a-;•i'� WELD COUNTY, LORADO
Weld County Clerk t ea �� BY: 401‘1C c.
M. J. ile, Chair
�� C l�° Jul DEC 2 0 Jl)r
By:
Dep Clerk .'t ' ` :r . 1 UPSTATE COLORADO ECONOMIC DEVELOPMENT
BY: �Q
2006S995
FI0044
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