HomeMy WebLinkAbout931188.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT WITH CATHOLIC COMMUNITY SERVICES/NORTHERN
FOR DEVELOPMENT OF MIGRANT/SEASONAL FARMWORKER HOUSING 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 Agreement
between Catholic Community Services/Northern and Weld County Housing Authority,
for development of migrant/seasonal farmworker housing, with the terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
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, ex-officio Housing Authority Board, that the Memorandum of
Agreement between Catholic Community Services/Northern and Weld County Housing
Authority, for development of migrant/seasonal farmworker housing, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 17th day of November, A.D. , 1993.
/n BOARD OF COUNTY COMMISSIONERS ti,ATTEST: A I ;' r /// WELD COUNTY, COLORADO
Weld County Clerk to the Board ,Q7jia,.Lii' i��-
Const nce L. Harbert, Chairman
BY: / -/ 4_,c ��- g
eputy Clerk to the Bo d W. 4bsdPro- em�✓°f iJL`
APPROV AS TO FORM: e �.�%e
eorge Baxter
County---"1-7--(341--e
Y Dale K. Hall
Y
arbara J. Kirkm er
931188
e^ ; ,ire ecs/tV
MEMORANDUM OF AGREEMENT #
THIS AGREEMENT, made and entered into on this 7 day of W ✓.
1993, by and between Weld County Housing Authority hereinafter referred to
as "WCHA" and Catholic Community Services/Northern, a Division of Catholic
Charities and Community Services, of the Archdiocese of Denver, Inc. a
Colorado not-for profit corporation hereinafter referred to as Catholic
Charities, the parties agree as follows:
WITNESSETH:
WHEREAS the Board of Commissioners of the WCHA has awarded Catholic
Charities $38,830 of WCHA monies to assist in the development of farm-labor
housing, and
WHEREAS, it is the desire of the WCHA to promote the development of
decent, safe and sanitary housing throughout Weld County, and
WHEREAS, Catholic Charities currently provides services to farm-
laborers in Weld County, and
WHEREAS, the parties hereto are desirous of developing approximately
forty units of farm-labor housing for families to be located in Weld County,
Colorado, and
WHEREAS, to implement these goals, the parties desire to establish an
agreement for the use of WCHA monies for the purpose of developing a farm-
labor housing project for families.
NOW, THEREFORE, in consideration of the premises stated herein, the
parties hereto agree as follows:
1. CONTRACT PERIOD: shall be from November 1, 1993 through October
31, 1995. 1
2. COMPENSATION: WCHA agrees to pay CCSN a Division of Catholic
Charities a total of $38,830 for pre-development costs of the
aforementioned farm-labor housing project in the approximate sums
as set forth below.
Estimated Expenditures are as follows:
A. Market/Needs Survey $3,500
as outlined in FmHA Guidelines
FmHA 1944 Exhibit A-8
B. Architectural Schematics 7,500
C. Land options (12 month) $10,000
931189
5% - 10% of estimated
purchase price.
D. Engineering (soil test, survey) 7,000
E. Legal and Administrations services 4,000
F. Overhead and Staff Time 6,830
(see Exhibit I)
$38,830
In no event shall the total amount to be paid by WCHA exceed
$38,830.
3. In the event that any of the aforementioned expenditures are
reimbursed to Catholic Charities or its farm-labor housing
corporation, upon the housing project receiving a loan/grant from
the Farmers Home Administration or any other financing vehicle,
any such funds shall be reimbursed to Weld County Housing
Authority.
4. The aforementioned funds are provided with the understanding that
Catholic Charities will continue its planning efforts with the
Weld County Homeless/Housing Task Force and incorporate the Task
Force's recommendations, wherever feasible, in its management
plan.
5. Catholic Charities assures that as a recipient of WCHA monies, it
will comply with all applicable Federal, State and local laws and
regulations.
6. Catholic Charities assures that as a recipient of WCHA monies, it
will spend the funds in accordance with the conditions of this
agreement.
7. Catholic Charities assures that it will maintain sufficient
records and an accounting system and internal control procedures
adquate to permit the tracking of funds to a level of
expenditures which clearly demonstrate that the funds were used
incompliance with the regulations of State and Local Law.
8. Catholic Charities agrees that it is an independent contractor
and its officer and employees do not become employees of Weld
County nor are they entitled to any benefits as employees of Weld
County as a result of the execution of this Memorandum of
Agreement.
9. WCHA, the Board of Commissioners of Weld County Housing
Authority, its officers and employees, shall not be held liable
for any injuries or damages caused by negligent acts or
omissions of Catholic Charities or its employees,
volunteers, or agents performing Catholic Charities duties as
described in this Memorandum of Agreement. Catholic Charities
93118f3
shall indemnify, defend, and hold harmless WCHA, its officers
and employees, for any loss occasioned by or a result of the
performance of this Agreement by Catholic Charities, its
employees, volunteers, and agents.
10. No portion of this Agreement shall be deemed to constitute a
waiver of any immunities which the parties or their officers or
employees may possess, nor shall any portion of this Memorandum
of Agreement be deemed to have created a duty of care with
respect to any person not a party to this Memorandum of
Agreement.
11. No portion of this Memorandum of Agreement shall be deemed to
create an obligation on the part the Weld County, to expend
funds not appropriated in each succeeding year.
12. If any section, subsection, paragraph, sentence, clause, or
phrase of this Memorandum of Agreement is for any reason held or
decided to be invalid or unconstitutional, such decision shall
not affect the validity of the remaining portions. Parties
hereto declare that they would have entered into this Memorandum
of Agreement and each and every section, subsection, paragraph,
sentence, clause, and phrase thereof irrespective of the fact
that any one or more sections, subsections, paragraphs, clauses,
or phrases herein might be declared unconstitutional or invalid,
for any reason.
13. Catholic Charities agrees that at any time during the term of
this Agreement Weld County may conduct a performance or
financial audit of Catholic Charities records
pertaining to its obligations under this Agreement, provided
that such audit is conducted at reasonable time and in
reasonable manner. In the event that Program funds have been
improperly applied, diverted or otherwise used in violation of
State or local laws or regulations, Catholic Charities shall
upon demand immediately pay such improperly used amounts to
WCHA.
14. WCHA may terminate this Memorandum of Agreement upon the
following conditions:
By reason of a material breach of this Memorandum of Agreement by
Catholic Charities which breach has not resulted in a reasonably
acceptable plan for remedy or cure or which breach has not been
remedied or cured after at least 60 days written notice delivered
by WCHA to Catholic Charities.
16. No alterations or variations of the terms of this Memorandum of
Agreement shall be valid unless in writing and approved by the
parties hereto.
17. Catholic Charities assures that it will comply with all
Federal and State laws including, but not limited to Title VI of
931189
the Civil Rights Act of 1964, as amended, and that no person
shall on the grounds of race, color, creed, sex, handicap,
familial status or national origin, be excluded from
participation in, or be denied the benefits of or otherwise be
subject of discrimination under this agreement.
18. Any data or studies which is derived from the aforementioned
funds shall be made available to WCHA and Weld County.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on
the day and year first above written.
SEAL CATHOLIC COMMUNITY SERVICES/NORTHERN, A
DIVISION OF CATHOLIC CHARITIES AND COMMUNITY
SERVICES, OF THE ARCHDIOCESE OFDENVER, INC
rest By:
sident and Chief Executive Officer
Ati' . a ! ! p •
By: Caned ,t Man
C , ,44J /4 /i /l�L�f (_/Vice-President
My Commission Expires
11, 1 �' HOUSING AUTHORITY OF THE COUNTY OF WELD,
COLORADO
4, Constance L. Harbert, Chairman ///-
Mcq,43
ATTES
Weld County Clerk to the Board
/2
�J
By: 7/�� ' z
Deputy Clerk
to the
AP D AS TO FORM:
County A to
311101
(es$qf
WELD COUNTY HOUSING AUTHORITY
PRONE(303)0 O. Box A
P. Box A
GREELEY COLORADO 80632
lURe.
COLORADO
agate "I". 4
To: Constance L. Harbert, Chairman g
From: Judy Griego, Director, Department ial Services -Ira;
Re: Approval of Agreement with Catholic ommunity Services N
Date: November 16, 1993
This agreement provides $38,830 for pre-development costs to Catholic Community
Services for the development of a forty (40) unit family migrant/seasonal
farmworker housing project to be located in Weld County.
The Migrant Housing Subcommittee of the Weld County Homeless/Housing Task Force
reviewed and discussed the proposal and recommended action to the Weld County
Homeless/Housing Task Force. The Weld County Homeless/Housing Task Force adopted
the recommendation of the Migrant Housing Task Force and approved the request with
the following provisions:
1. That the reimbursed funds (approximately 50%) for pre-development
costs be returned to Weld County for potential use in other related
housing projects.
2. That participant eligibility for the low income housing project be
reviewed within the Migrant Housing Subcommittee for recommendations
to the Homeless/Housing Task Force.
3. That the definition of Residents for the low income housing project be
made clear to the community, in that, it was not a "migrant housing
project" but a "farmworker low income housing project."
The Weld County Homeless/Housing Task Force recommends that the Board of Weld
County Commissioners enter into an agreement with Catholic Community Services and
devote funds from the Housing Authority Budget's Operating Reserve for pre-
development costs.
Staff is recommending Board approval of the Agreement with Catholic Community
Services.
If you have any questions, please telephone me at 352-1551 ext. 6200.
931188
Hello