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RESOLUTION
RE : APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO AND GREELEY AREA CHAMBER OF COMMERCE - ECONO-
MIC DEVELOPMENT DEPARTMENT AS A RECIPIENT OF WELD
COUNTY GENERAL FUND MONIES AND AUTHORIZATION FOR CHAIRMAN
TO SIGN THE SAME.
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 Area Chamber of Commerce - Economic
Development Department as a recipient of Weld County General
Fund monies has been presented to the Board of County Commis-
sioners of Weld County, Colorado . A copy of said Memorandum
of Agreement is attached hereto and incorporated herein by
reference, and
WHEREAS , Greeley Area Chamber of Commerce - Economic
Development Department has been awarded the sum of $28 , 000. 00
from Weld County General Fund monies, which monies are for
the purpose of performing economic development activities in
Weld County, and
WHEREAS , the contract period shall be from January 1 ,
1980 through December 31 , 1980, and
WHEREAS, the Board of County Commissioners deems it ad-
visable and in the best interests of Weld County to approve
said Memorandum of 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 Area
Chamber of Commerce - Economic Development Department as a
recipient of Weld County General Fund monies be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman
of the Board of County Commissioners of Weld County, Colo-
rado be, and hereby is, authorized to sign said Memorandum
of Agreement.
800826
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The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the
23rd day of January, A.D. , 1980.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
C.W. Kirby, Chaaw.r�lmaan�� r-.
Norman Car son, Commissioner
41O/(,r-e._-
unbar), Comm si000ner-
;1,, o /a
Leonard Roe, Commi sioner
June K. Stein4nark, Commissioner
1/4
ATTEST : 'S0 ^.v, �
.w. . 4s`,""£<.<.tin 1e%.'
Weld County Clerk and Recorder
and Clerk to the Boar
' By j2/1772 z� rr�CQ , ti1c`s �y
L_ Deputy County Jerk I io
AkD AS TO FORM:
h--
County Attorney
DATE PRESENTED: JANUARY 23, 1980
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the
1st day of January, 1980, by and between Weld County,
hereinafter referred to as "Weld" and Greeley Area Chamber
of Commerce - Economic Development Department, hereinafter
referred to as "Contractor" , the parties agree as follows :
WHEREAS , the Board of County Commissioners of Weld
County, Colorado, has awarded Greeley Area Chamber of
Commerce - Economic Development Department a sum of $28 , 000. 00
in Weld County General Fund monies to perform economic
development activities in Weld County, and
WHEREAS , the parties hereto are desirous of formalizing
an Agreement for the express purpose of performing economic
development activities in Weld County, 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 performing economic development
activities in Weld County.
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
within the Greeley Area Chamber of Commerce - Economic
Development Department.
2. CONTRACT PERIOD will be from January 1, 1980 through
December 31, 1980.
3 . COMPENSATION: "Weld" agrees to pay "Contractor"
for services performed hereunder at a rate of $7 , 000 . 00 per
quarter.
4. The total amount paid by "Weld" to "Contractor"
under this Agreement shall not exceed the sum of $28, 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" 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 expenditures
of its own funds .
7 . "Contractor" assures that it will maintain sufficient
records and an accounting system and internal control pro-
cedures 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.
8 . "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.
9. "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. "
The "Contractor" shall provide necessary workman' s compen-
sation insurance at "Contractor' s" own cost and expense.
10. "Contractor" may not assign or transfer this
agreement, any interest therein or claim thereunder without
the prior written approval of "Weld. "
11. 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.
12 . "Weld" shall have access to "Contractor ' s" finan-
cial 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 five years after final payment hereunder.
13 . -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. "
14. No alteration or variation of the terms of this
agreement shall be valid unless made in writing and signed
by the parties hereto. •
15. The "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.
16. Any equipment acquired from funds covered by this
contract shall remain the property of "Weld" , but the "Con-
tractor" shall have full use of the equipment for so long as
the "Contractor" continues to function at its current capa-
city in Weld County, Colorado .
IN WITNESS WHEREOF, the parties above named have exe-
cuted this agreement on the 23rd day of January
1980.
ATTEST : `,fir%1,; , . ,."' + `Yr'rr.' BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Bcjard By: f, ///'. :l/
7® Chairman
u' yiyC,0 i cc ( l
'Deputy County erk
Contractor
OFFICE OF FINANCE & ADMINISTRATION
PHONE 1303)356-4000 EXT.218
P.O.BOX 758
GREELEY,COLORADO 80632
C.
COLORADO
January 23 , 1980
Economic Development Committee
Chamber of Commerce
P.O. Box "C"
Greeley, CO 80632
Gentlemen:
Enclosed is a copy of the Memorandum of Agreement concerning
the contract between your agency and Weld County. In ac-
cordance with County policy and state law, a contract must
exist between the County and service providers like your-
selves . From my knowledge of your operation, the contract
requirements will in no way interfere with your operations ,
nor will there be any added administrative requirements to
comply.
After reading the contract, if you have any questions re-
garding it, please do not hesitate to contact me at 356-
4000, Ext. 218.
To complete our files, I would appreciate your returning the
signed original of the contract as soon as possible. A copy
is also enclosed for your files .
Ve truly ours,
nald D. Warden, Director
Finance and Administration
DDW/ch
Encl.
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