HomeMy WebLinkAbout20041572.tiff RESOLUTION
RE: CONSIDER SUBCONTRACT AGREEMENT TO PROVIDE INFRASTRUCTURE
IMPROVEMENTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND
AUTHORIZE CHAIR TO SIGN - GREELEY/WELD ECONOMIC DEVELOPMENT
ACTION PARTNERSHIP, INC.
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 Subcontract Agreement to Provide
Infrastructure Improvements for Community Development Block Grant between the County of
Weld,State of Colorado, by and through the Board of County Commissioners of Weld County, and
Greeley/Weld Economic Development Action Partnership, Inc., commencing April 1, 2004, with
further terms and conditions being as stated in said Subcontract Agreement, and
WHEREAS, after review, the Board deems it advisable to approve said Subcontract
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 Subcontract Agreement to Provide Infrastructure Improvements for
Community Development Block Grant between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Greeley/Weld Economic
Development Action Partnership, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Subcontract Agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 7th day of June, A.D., 2004, nunc pro tunc April 1, 2004.
BOARD OF COUNTY COMMISSIONERS
W a D COUNTY, COL RADO
Mt%
1B6° I( kt9; Robert D. Masden, Chair
�� ' ,• •�'rj, Clerk to the Board
•
William H erke, Pro-Tem
Deputy Clerk to the Board
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APP AS TQ. ,�1vy�`' cb,C
David E. Long
ounty Attor ey EXCUSED
99, Glenn Vaad
Date of signature:
2004-1572
FI0039
SUBCONTRACT AGREEMENT
BETWEEN
WELD COUNTY
AND
GREELEY/WELD ECONOMIC DEVELOPMENT ACTION PARTNERSHIP, INC.
THIS AGREEMENT is entered into effective as of April 1, 2004, by and between Weld County
(hereinafter "the County") and the Greeley/Weld Economic Development Action Partnership, Inc.
(hereinafter"EDAP").
WHEREAS,the County has received a Community Development Block Grant (CDBG) award of
$500,000.0o from the State of Colorado Department of Local Affairs pursuant to Contract Number
Fo4CDBo3o82 ("the Contract") to provide infrastructure improvements for the purpose of encouraging
economic diversification and job creation for Aurora Dairy Corporation d/b/a Aurora Organic Dairy and
other companies locating to this unincorporated area in Platteville,Weld County,Colorado,and;
WHEREAS,EDAP has been designated to administer these CDBG funds on behalf of the County;
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1. The CDBG funds will be utilized to provide infrastructure improvements in the County for
the furtherance of economic growth, creation of jobs and fulfillment of the purposes set forth in the
Contract,which is attached hereto as Exhibit A and made a part of this agreement.
2. The CDBG funds shall be requested by EDAP on behalf of the County from the Department
of Local Affairs as prescribed in the Community Development Block Grant Program 2001 Grantee
Guidebook, and placed in the County Treasury. The County will then directly disburse funds to
Contractors and/or Subcontractors. Coordination between the County and EDAP shall be made to
ensure consistency with the fund request procedures as established for the CDBG program.
3. EDAP will comply with all terms and conditions of the Contract and all applicable laws in
carrying out project operations, and shall assign management and coordination responsibilities to Jean
Daviet,Vice President and financial manager for EDAP.
4. The County will provide for an audit of the CDBG program as part of its annual audit report
and in compliance with audit requirements contained in the CDBG Contract, and EDAP will provide all
program documentation to the County for its audit.
5. EDAP anticipates adequate funding levels for its organization during the term of the
agreement. In the event any difficulties are projected which might potentially affect any part of its
administrative obligations under this agreement, EDAP will inform the County and make every effort to
seek appropriate solutions or identify alternative arrangements in order to meet Contract requirements.
6. EDAP shall fulfill all administrative and reporting requirements of CDBG as required per the
Contract to ensure full grant compliance on the County's behalf at all times.
7. EDAP shall reimburse the County for any funds disallowed or penalties under the CDBG
contract due to any intentional administrative error or omission,fraud,theft,or negligence by EDAP or
EDAP's staff. EDAP shall indemnify the County for any and all liability or loss suffered by the County
and resulting from any such intentional administrative error or omission,fraud,theft,or negligence by
EDAP or EDAP's staff.
8. EDAP shall prepare all necessary environmental reviews, public notices, loan documents,
and other documents required to comply with the CDBG rules and regulations. Mr. Don Warden,
H:\CDBG Grmttt rara Daft Contracts\Subcontract Mint.with EDAP.DOC /=rOC°?3 9
2004-1572
Finance Director, shall serve as the Certifying Environ-mental Officer on the Contract as required by
HUD regulations.
9. EDAP shall prepare the quarterly employment and financial progress reports within 15
days following the end of the quarter during the term of this grant and present them to the County for its
records. Jean Daviet, shall be authorized to sign the Requests for Advance or Reimbursement and the
Quarterly Financial Status Report. Copies of these documents shall be forwarded to the County for its
records.
to. EDAP will receive reimbursement for estimated actual administrative costs of executing
the Contract,in the amount of$10,000.00,from the CDBG Grant.
it. EDAP shall maintain all public records for this HUD-CDBG program at its corporate
offices at 822 7th St., Suite 55O, Greeley, Colorado, and provide public access to these records during
normal business hours. The County shall have unlimited access to all records pertaining to this grant.
12. This agreement may be amended or assigned in writing by the mutual agreement of the
parties.
13. This Agreement shall be in force from and after the date first above written throughout the
Grant Period, and shall terminate upon completion of all project close-out requirements as specified in
the 2OO1 Grantee Handbook. For non-performance by EDAP,the County can terminate this Agreement
with seven('7)days notice to EDAP.
A l �► ;4)�. WELD COUNTY
"1\\\,,,D____
• �•.iN
Robert D.Malden,Chairman
® Board of Weld County Commissioners
UN
GREELEY - " its ECONOMIC DEVELOPMENT
ACTIO ARTN RS a P,INC.
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