HomeMy WebLinkAbout941145.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO,
AND ECONOMIC DEVELOPMENT ACTION PARTNERSHIP AS A RECIPIENT OF WELD
•COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIRMAN 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 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, Economic Development Action Partnership has been awarded the sum of
$97,333.00 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, 1995, through December 31, 1995,
and
WHEREAS, the Board of County Commissioners deems it advisable and in the best interest
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
Economic Development Action Partnership 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, Colorado, be, and hereby is, authorized to sign said Memorandum
of 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 14th day of December, A.D., 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: pda4eit WE/201
LD COUNNTT/Y,, COLORADO
Weld County Cler to the Board 61 -yJ -21-777)W. Webster, Chairman
BY: GL �/ �..4- - �t'� girl i rl oo
Deputy Clerk to the Board c Dale .,Hall, Pr -Te
APP ED AS TO FORM: ��� '7 c, 4
!`- 1,1_ Geof Baxter
C
untyAttor ey` - Constance L. Harbe
4VtLAt. I. Afir
arbara J. Kirkmey
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 14th day of December, 1994, 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 $97,333.00 of Weld County General Fund
monies to provide economic development services, and
WHEREAS, the County implements programs and services throughout Weld County to Weld
County residents, 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 from January 1, 1995, through December 31, 1995.
3. COMPENSATION: "Weld" agrees to pay "Contractor" for services performed
hereunder at a rate of$8,111.08 per month in 1995.
4. The total amount paid by "Weld" to "Contractor" under this Agreement shall not
exceed the sum of$97,333.00.
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 intemal 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".
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MEMORANDUM OF AGREEMENT - ECONOMIC DEVELOPMENT ACTION PARTNERSHIP
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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.
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
14th day of December, A.D., 1994.
LJ
,9 ,
; i BOARD OF COUNTY COMMISSIONERS
ATTEST: /tY�i?CJ�Zil� WELD COUNTY, COLORADO
Weld County Clerk to the Board BY: 1/ 1 ,/ ' \g 11'/
Chairman / /I9/99
By: /
Deputy le k to the Board ECONOMIC DEVELOPMENT ACTION
PARTNERSHIP
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BY/LL.,'L- Ze -r..- ,"
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