HomeMy WebLinkAbout931237.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 said Memorandum of Agreement 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, 1994, through
December 31, 1994, and
WHEREAS, the Board of County Commissioners deems it advisable 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 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.
931237
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RESOLUTION - ECONOMIC DEVELOPMENT ACTION PARTNERSHIP
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following
/vote on the 20th day of December, A.D. , 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST: i� ,jff� WELD COUNTY, COLORADO
_
Weld County Clerk to the Board wyB/f
Constance L. arbert Chal an
BY: dGl.(.c'.G(.// t�.
Deputy erk��// .x
to the Board W. ebs r, Pr tem
APPROVED AS TO FORM:
eorge Baxte
-
Count Attorney
Y y Dale K. Hall
�� sti
Barbara Kirkmeye �/ i 7 4-
931237
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 20th day of. December,
1993, 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, 1994, through December 31,
1994.
3. COMPENSATION: "Weld" agrees to pay "Contractor" for services
performed hereunder at a rate of $8, 111.08 per month in 1994.
4. The total amount paid by "Weld" to "Contractors" 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 UNDERSTANDING - ECONOMIC DEVELOPMENT ACTION PARTNERSHIP
PAGE 2
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 internal 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". The "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 UNDERSTANDING - ECONOMIC DEVELOPMENT ACTION PARTNERSHIP
PAGE 3
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. 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.
17. Any equipment acquired from funds covered by this contract shall
remain the property of "Weld", but the "Contractor" shall have full
use of the equipment for so long as the "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 20th d
ayof December, A.D. , 1993.
ATTEST: uth WELDD OF TYUNCY ORADISSIONERS
WELD C TY, COLORADO
Weld County Clerk to the Board BY:
p r`, k y� Chairman 1s22a s By: Deputy rk to the Board ECONOMIC DEVELOPMENT ACTION
PARTNERSHIP
BY: ge�%'C ,
lli
931237
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