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HomeMy WebLinkAbout941127.tiff RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING WITH ALTERNATIVE HOMES FOR YOUTH 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 Alternative Homes for Youth, with terms and conditions being as stated in said memorandum, and WHEREAS, after review, the Board deems it advisable to approve said memorandum, 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 Alternative Homes for Youth be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said memorandum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of November, A.D., 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: ,� 4 ,Wcueln WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED C �n W. H. Webster, Chairman • BY: ; ."' ' uxJ� k - EXCUSED Deputy Clerk to the Board Dale . Hall, Pro-Teel APPR VED AS TO FORM ` FO; eorg Baxter ,-Z-, County Attorney Constance L. Harbert 2. 'EXCUSED DATE OF GNING (AYE) Barbara J. Kirkmeyer 941127 FI0018 r : A-Nty MEMORANDUM OF UNDERSTANDING AGREEMENT: This Memorandum of Understanding is made this 16th day of November, 1994, between the Alternative Homes for Youth ("AHY") 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 County, through the Community Development Block Grant Program, and General Fund monies is providing $385,811 in funds to AHY for the construction of a new facility, and an additional $14,000 allowance for carpet. SCOPE OF WORK: This project consists of the construction, in accordance with the construction bid of$621,811.00 awarded to R.D. Stewart, Inc., of an approximately 9,000 square foot building to house a residential care and treatment center for troubled youth. The County is serving as the contractor for this project. The new facility will be located in the Weld County Business Park. FINANCIAL ASSISTANCE: Alternative Homes for Youth, acting as a sub-recipient of the Community Development Block Grant Program, will receive the funds from the County. Payment of funds shall be made to AHY as follows: The County shall take responsibility for the construction management of the project. AHY shall reimburse County $250,000 for the project, plus provide wardrobes, landscape, and appliances. AHY certifies it has funds available from sources such as donations, foundation grants, or loans to reimburse County. No change orders to construction contract shall be approved without AHY's concurrence in writing. DEEDING OF PROPERTY AND FACILITY: Upon the completion and acceptance of the project by AHY, and reimbursement of County of $250,000, the property and facility shall be deeded to AHY with a ten-year deed restriction or reverter indicating that the facility must be used for a residential care and treatment center for troubled youth programs, serving primarily Weld County residents for the ten-year period. INSPECTION: AHY shall have the right to inspect said project's construction provided such inspection is conducted at reasonable times and in a reasonable manner. ACCOUNTING: 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. RIGHT OF AUDIT: AHY shall have the right to audit said project's construction account and/or operating account at reasonable times during and after construction. 941127 FI0018 REPORTING: County shall submit to AHY a quarterly 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 quarter, starting after the first month of construction and ending the month after completion of construction. NO WARRANTY: Through this Memorandum of Understanding and through its work as contractor for the construction contemplated herein, County does not provide or promise to AHY or its clients any warranty with respect to the labor and materials used in construction, the finished building, and the fitness and suitability of the building for the purpose for which it is being built. Dated this 16th dayof November, 1994. ATTEST: If I 4 WeiatBOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO - Weld County Clerk to the Board /j BY: y� Constance L. Harbert, Chairman Pro-Tem Deputy Clerk to the Board (U/ ALTERNATIVE HOMES FO YOUTH BY: TITLE: G•� �j�cl teraier DATE: /(// /y7 SUBSCRIBED SUBSCRIBED AND SWORN TO before me this 16th day of November, 1994. MY COMMISSION EXPIRES JAN, 1, 1998 My Commission expires: Notary Publid 941127 FI0018 Hello