HomeMy WebLinkAbout20041512.tiff RESOLUTION
RE: APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - SAINT VRAIN SANITATION DISTRICT
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 Community Development Block Grant
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,and Saint Vrain Sanitation District,with 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 a Community Development Block GrantAgreement between the County of
Weld,State of Colorado, by and through the Board of County Commissioners of Weld County,and
Saint Vrain Sanitation District 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 26th day of May, A.D., 2004.
�..' BOARD OF COUNTY COMMISSIONERS
Eild.o� WE D COUNTY, COLORADO
T �ku
i i It 1 � Robert D. Masden, Chair
un ay k to the Board
William H. erke, Pro-Tem
Deputy Clerk to the Board 72G B�t�
M. J. Geile
APPROVED AS TO FOR •
EXCUSED
un Attorney
1 David Long
Gle n Vaa
Date of signature:
2004-1512
BC0034
•
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
THIS AGREEMENT is made this (g day of 4.64 y , 2004, by and
between the Weld County, Colorado, by and through the Board of County Commissioners of
Weld County, P.O. Box 758, 915 10th Street, Greeley, Colorado 80632, hereinafter referred to as
"Weld County," and the Saint Vrain Sanitation District, 11307 Business Park Circle, Firestone,
Colorado 80504, hereinafter referred to as "SVSD."
WITNESSETH:
WHEREAS, by Resolution of its Board of County Commissioners, Weld County entered
into a Contract ("State Contract," a copy of which is attached hereto) with the State of Colorado
("State"), for the use and benefit of the Department of Local Affairs, Community Development
Block ("CDBG") Program, wherein Weld County agreed to use the CDBG grant amount of
$490,000 to finance public infrastructure-related costs for the extension of a sewer line to
property located in Section 29, Township 3 North, Range 67 West of the 6'h P.M., Weld County,
Colorado, that is owned or leased by Aurora Dairy Corporation("Aurora"), 1401 Walnut, Suite
300, Boulder, Colorado 80302, and
WHEREAS, the State Contract requires Weld County to enter into separate agreements
with Aurora("Aurora Agreement") and SVSD, each being consistent with the requirements of
the State Contract, and
WHEREAS, this Agreement is intended by the parties to comply with said requirements
of the State Contract.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from the date of the State Contract
to and until such time as the public infrastructure improvements detailed herein
are constructed and conveyed to the SVSD, which shall in no event be later than
two years following the date of the State Contract, unless an extension is granted
in accordance with the procedures set forth in paragraph 3 of Exhibit A, Scope of
Services, to the State Contract.
2. CDBG GRANT: Weld County shall pay to SVSD the CDBG grant, not to exceed
$490,000, upon receiving the same from the State. Weld County shall pay the
grant funds to SVSD incrementally as per the construction contract, upon the
completion of each phase of construction. SVSD acknowledges that the Aurora
Agreement requires Aurora to pay all project costs in excess of the $490,000
grant. SVSD may enter into a separate line reimbursement agreement with
Aurora for any such costs and expenses exceeding the grant amount.
Page 1 of 3 Pages
2004-1512
3. TERMS, REOUIREMENTS AND DUTIES SET FORTH IN CONTRACT:
SVSD agrees, as "Contractor" and in place of Weld County, to be bound by all of
the terms and to comply with and assume all of the requirements and duties set
forth in the State Contract and the exhibits attached thereto, specifically, and
without limitation, those specific to the"Contractor" set forth in Section 1.
PROJECT DESCRIPTION , OBJECTIVES, AND REQUIREMENTS, b. Specific
Provisions, of Exhibit A, Scope of Services, to the State Contract; provided,
however, that if such terms, requirements and duties are not within the statutory
legal authority and powers of the District, Weld County shall remain responsible
for compliance with such terms and requirements, and for the performance of such
duties.
4. NO DONATION OR GRANT TO, OR IN AID OF, SVSD: The parties agree that
the grant referred to in Paragraph 2., above, is not a donation or grant to, or in aid
of, SVSD, in violation of Colorado Constitution Article 11, Section 2.
5. OWNERSHIP OF PUBLIC INFRASTRUCTURE IMPROVEMENTS: The
public infrastructure improvements to be constructed by SVSD, pursuant to this
Agreement, and with the $490,000 grant shall include the sewer pipe described in
Section 1.b.2. of Exhibit A, Scope of Services, to the State Contract. Such pipe
shall be initially owned by Weld County, but such ownership shall be transferred
to SVSD upon successful completion of the construction, with such transfer to be
accomplished by deed, bill of sale, or other method preferred by SVSD.
6. INDEMNIFICATION: Weld County, by and through the Board of Commissioners
of Weld County, its officers and employees, shall not be held liable for any
injuries or damages caused by negligent acts or omissions of SVSD or its
employees, volunteers, or agents performing the responsibilities and duties
described in State Contract and/or this Agreement. To the extent permitted by
Colorado law, SVSD shall indemnify, defend, and hold harmless Weld County,by
and through the Board of Commissioners of Weld County, its officers and
employees, for any loss occasioned by or resulting from the performance of this
Agreement by SVSD, its employees, volunteers, and agents. SVSD shall include
an indemnification clause into any construction contract that it enters into with its
general contractor, such clause to provide for indemnification of Weld County.
7. NO WAIVER OF IMMUNITIES: No portion of this Agreement shall be deemed
to constitute a waiver of any immunities which the parties or their officers or
employees may possess, nor shall any portion of this Agreement be deemed to
have created a duty of care with respect to any person not a party.
Page 2 of 3 Pages
8. SEVERABILITY: If any section, subsection, paragraph, sentence, clause, or
phrase of this Agreement is for any reason held or decided to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining
portions thereof. Parties hereto declare that they would have entered into this
Agreement and each and every section, subsection, paragraph, sentence, clause,
and phrase thereof irrespective of the fact that any one or more sections,
subsections, paragraphs, clauses, or phrases herein might be declared
unconstitutional or invalid, for any reason.
9. AUDIT: SVSD agrees that at any time during the term of this
Agreement, Weld County or the State of Colorado may conduct a performance or
financial audit of SVSD records pertaining to the construction project and SVSD's
obligation under State Contract and/or this Agreement, provided that such audit is
conducted at reasonable time and in reasonable manner. SVSD shall be
responsible for remedying any audit findings which are detected.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day
and year first above written.
ATTEST: SAINT VRAIN SANITATION DISTRICT
B : t7��c_.J f 2cz fL- By:
,#'e ►,-DUCT- ,U,4,tJRGC , President
)f /iD��//l1,
WELD COUNTY, COLORADO
° t Jerk to the Board by and through the BOARD OF COUNTY
au.> '+rte
‘r. COMMISSIONERS OF WELD COUNTY
/f a By: cLQ3 & W)—..
Deputy Cler to the Board Robert D. Masden, Chairman MAY 2 6 2004
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Page 3 of 3 Pages
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