HomeMy WebLinkAbout20053649.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND GREELEY-WELD ECONOMIC DEVELOPMENT ACTION
PARTNERSHIPASA 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-
Weld Economic Development Action Partnership 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-Weld Economic Development Action Partnership has been awarded
the sum of$100,000.00 from Weld County General Fund monies,which monies are for the purpose
of improving economic development services to Weld County citizens, and
WHEREAS,the contract period shall be from January 1,2006,through December 31,2006,
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-Weld Economic Development Action Partnership Board 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 - ECONOMIC DEVELOPMENT ACTION PARTNERSHIP
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 19th day of December, A.D., 2005.
.x.4 E l BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: goil I 1 (( f 4 •l/L,-T
i illiam H. rke, Chair
Weld County Clerk to th 1:,
� / ►.{WI
M. J. e, Pro-Tem
BY: Au* VG'C ttPte/ ,V
•
D uty CI to the Board
Da id E. Long
A V AS TO ,Q
Robe D. Masden
Attorney A A Ail 1
Glenn Vaad
Date of signature: 1//7-114'
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT,made and entered into on this, the 19th day of December, 2005, by
and between Weld County, hereinafter referred to as"Weld" and Economic Development Action
Partnership, hereinafter referred to as "Contractor", the parties agree as follows:
WHEREAS,the Board of County Commissioners of Weld County,Colorado, has awarded
Economic Development Action Partnership 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 Economic Development Action Partnership.
2. CONTRACT PERIOD will be month to month from January 1, 2006, through
December 31, 2006, 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 2006, providing the City of Greeley
pays an equal amount each month. In the event the City of Greeley terminates its
contract with EDAP prior to December 31, 2006, this agreement shall terminate
concurrent with any termination date of the City of Greeley's termination of services
with EDAP.
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.
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MEMORANDUM OF AGREEMENT - ECONOMIC DEVELOPMENT ACTION PARTNERSHIP
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6. "Contractor"agrees to perform economic development activities on behalf of Weld
County as determined by the Board of Directors of Economic Development Action
Partnership.
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.
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MEMORANDUM OF AGREEMENT - ECONOMIC DEVELOPMENT ACTION PARTNERSHIP
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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 underthis
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.
IN WITNESS WHEREOF,the parties above named have executed this agreement on the
19th day of December, A.D., 2005.
�/�� BOARD OF COUNTY COMMISSIONERS
ATTEST: I _ QQ111 ` ".�y WELD COUNTY, COLORADO
glad
Weld County Clerk to the Boar. N..- -,--.:%<" \A����
R William H. Jerke, Chair
DEC 19 2005
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By: , MA 1A-14/1 V tt-1EuG1 1 '4 � t
D uty Clerk to the Bcard `O re c :O NOMIISHIEVELOPMENT ACTION
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