HomeMy WebLinkAbout940252.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING 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, the Board has been presented with a Memorandum of Understanding
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Greeley Urban Renewal Authority, with terms
and conditions being as stated in said Memorandum of Understanding, and
WHEREAS, after review, the Board deems it advisable to approve said
Memorandum of Understanding, 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 Memorandum of Understanding between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and the Greeley Urban Renewal Authority be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said Memorandum of Understanding.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 9th day of March, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: �� WELD COUNTY, C LORADO
Weld County Clerk to the Board Walln>4
W. H. Webster hairman
BY: I
Deputy Clerk to the Boas5L., Dale Hall, Pro e
APPROVED AS TO FORM: ��,
eorge j Baxter ,cam
lll •
oun Attorney Constance L. Harbert
EXCUSED
Barbara J. Kirkmeyer
940252
MEMORANDUM OF UNDERSTANDING
Agreement
This memorandum of understanding, made this 9 — day of YY(a Jled1) 1994
between the Greeley Urban Renewal Authority ("Authority") and the County of Weld
("County") . The purpose of the' agreement is to clearly establish the
relationship between the two entities during the duration of the project.
• Federal Funding Sources
The "Authority" , through the Community Development Block Grant Entitlement
program, is providing funds to the Island Grove Treatment Center for the
construction of a new facility. The "Authority" has appropriated $37 ,000 from
fiscal year 1993 and $40,000 from fiscal year 1994 for the project. In addition,
the "County" received Community Development Block Grant funds through the State
of Colorado to go toward the project's completion. Due to the co-mingling of
funds, the Department of Housing and Urban Development is requiring a Memorandum
of Understanding between the two entities.
Scope of Work •
This project consists of the Construction of a 15,136 square foot building to
house short-term residential and detoxification programs of the Island Grove
Regional Treatment Center, Inc. The Island Grove Center, a non-profit
organization, serves substance abuse clients in Northern Colorado. The "County"
is serving as the Contractor for this project. The new facility will be located
in the Weld County Business Park.
Financial Assistance
The Island Grove Regional Treatment Center, Inc. , acting as a subrecipient of
Community Development Block Grant Program, will receive the funds from the
"Authority" .
Payment of the funds shall be made to Island Grove Treatment Center as follows:
50 percent when the rehabilitation work is 50 percent completed, and 50 percent
when the work is 100 percent completed. Payments will be made upon written
request of Island Grove Treatment Center and upon verification by the staff of
the "Authority" that the progress of the work is in accord with this paragraph.
Inspection
The "Authority" shall have the right to inspect said project's construction
provided such inspection is conducted at reasonable times and in a reasonable
manner.
Accounting
The "County" shall establish and maintain a separate set of accounts for the
construction phase of the project to assure that the program funds are expended
and accounted for in a manner consistent with this agreement and the State Law
of Colorado. and the Department of Housing and Urban Development's federal
requirements.
940252
•
Right of Audit
The "Authority" shall have the right to audit said project's construction account
and/or operating account and reasonable times during and after construction.
Reporting
The "County" shall submit to the "Authority" a monthly fiscal report sufficiently
detailed to indicate progress made and payments made in the course of that
' reporting period. Each report shall be submitted by the 10th day after the end
of each month, starting after the first month of construction and ending the
month after completion of construction.
Wage Rates
The "County" agrees that the contractor selected for the construction project
shall pay wages in accord with the Davis Bacon Wage Rate Decision. The "County"
shall also require the selected contractor to comply with the other Labor
Standard Requirements such as prompt submission of required wage reports, job
site posting. etc.
Hold Harmless
The "County" agrees to indemnify, save and hold harmless, and defend the
"Authority" and all its employees and agents from any and all liability, claims,
demands, actions, debts and attorney fees arising out of, claimed on account of,
or in any manner predicated upon loss or damage to the property of and injuries
to or death of all persons whatsoever, which may occur in connection with this
agreement.
Non-Discrimination
The "County" shall comply with all applicable State and Federal laws , rules,
regulations and executive orders involving nondiscrimination on the basis of
race, color, religion, national origin, age, handicap or sex. The "County"
agrees to consider minorities or minority businesses as employees, specialists,
agents: consultants or subcontractors under this contract.
Fair Housing
The "County" agrees to comply with the letter and spirit of the Colorado Fair
Housing Act of 1959, as amended, and other applicable State and Federal laws
respecting discrimination in the showing, renting, leasing or sale of housing or
vacant land, including trailer spaces. duplexes and private homes. The law
prohibits discrimination based on race, creed, color, sex, national origin,
ancestry, physical handicap and marital status.
Conflict of Interest
COPELAND ACT: The "County" shall comply with the applicable regulations of the,.
Secretary of Labor, United States Department of Labor, made pursuant to the so-
called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 862; Title
18 U.S.C. , Section 874: and Title 40 U.S.C. , Section 276c) and any amendments .or
modifications thereof, shall cause appropriate provisions to be inserted in
940252
•
subcontracts to insure compliance therewith by all subcontractors subject
thereto, and shall be responsible for the submission of affidavits required of
subcontractors thereunder, except as said Secretary of Labor may specifically
provide for reasonable. limitations. variations, tolerances, and exemptions from
the requirements thereof.
Whoever, by force, intimidation, or threat of procuring dismissal from
employment, or by any other manner whatsoever induces any person employed in the
construction, prosecution, completion or repair of any public building. public
work, or building or work financed in whole or in part by loans or grants from
the United States, to give up any part of the compensation to which he is
entitled under his contract of employment, shall be fined not more than $5,000
or imprisoned not more than five years, or both.
No member of or Delegate to the Congress of the United States of America, and no
Resident Commissioner, shall be admitted to any share or part hereof or to any
benefit to arise herefrom.
No member of the Local Public Agency shall participate in any decision relating
to this contract which affects his personal interests or the interests or any
corporation, partnership, or association in which he is directly or indirectly
interested; nor shall any member, officer, agent or employee of the Local Public
Agency have any interest direct or indirect in this contract or the proceeds
thereof.
Termination
The "Authority" may, by giving fifteen (15) days notice, terminate this contract,
in whole or in part, for cause which shall include, but is not limited to:
a. Failure of the "County" to fulfill in a timely and proper manner its
obligations under this contract, including compliance with approved
conditions and agreements.
b. Ineffective or improper use of funds provided under this contract. The
"County" shall not be relieved of liability to the "Authority" for any.
damages sustained by the "Authority" by virtue of any breach of the
contract by the "County" , for the purpose of set-off until such time as
the exact amount of damages due the "Authority" from the "County" is
determined..
In Witness Whereof, the "County" and the "Authority" have executed this agreement •
which shall be effective upon the signing of this agreement by the
representatives of the "Authority" and the "County" .
940252
,
Dated this 9 day of 1994.
WELD COUNTY GREELEY URBAN RENEWAL AUTHORITY
A
BY: A�£J'Oe1ta14194By: �f�u+� G< RI.
Title CHAIRMAN, WELD COUNTY BOARD Title: Kilte!/7tClLr/
• OF COMMISSIONERS f� / CJ ---
Date: 03/09/94 Date: 4 t ' // 7
off° %
Attest: /064/0/ t 1! Attes : c
Title:/ WELD COUNTY CLERRKK �O THE BOARD Title: 4G a'4y,
BY: T "TE DE PUTY C ER 0 BOARD.
ATTESTING TO 00`20 OF COUNTY
COMMISSIO kR S.G;MATURES ONLY
•
940252
Hello