HomeMy WebLinkAbout981312.tiff RESOLUTION
RE: APPROVE SUBCONTRACT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - EDAP
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 Subcontract Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Finance Department, and the Greeley/Weld Economic Development
Action Partnership, Inc., with 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, that the Subcontract Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Finance Department, and the Greeley/Weld Economic Development Action Partnership, Inc., be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 29th day of July, A.D., 1998.
BOARD R OF COUNTY COMMISSIONERS
A W COUNTY, COLORADO
ATTEST:
\ Constance L. Har ert, Chair
Weld County Clerk ti th= / ��
W. H. Webster, ro-Tem
BY:
Deputy Clerk to EXCUSED DATE OF SIGNING (AYE)
orge E. Baxter
ROtY S O FORM:
Dale all
o y orney EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
981312
cc• Y//, ( � i ��jFP F10027
SUBCONTRACT AGREEMENT
BETWEEN
WELD COUNTY
AND
GREELEY/WELD ECONOMIC DEVELOPMENT ACTION PARTNERSHIP
THIS AGREEMENT is entered into this ,,i9 to day of , 19 es, by and
between the Weld County Board of County Commissioners (hereinlit the County") and
the Greeley/Weld Economic Development Action Partnership, Inc. (hereinafter "EDAP").
WITNESSETH:
WHEREAS, the county has received a Community Development Pock Grant
(CDBG) award of $555,000.00 from the State of Colorado Department of Local Affairs
pursuant to Contract Number F8CDB97-787 (hereinafter "the Contract") for a multi-
jurisdictional economic development revolving loan fund, for the purpose of encouraging
economic diversification and job creation in Weld and Larimer Counties, Colorado,
hereinafter referred to as the Weld/Larimer Revolving Loan Fund (RLF) and;
WHEREAS, EDAP has been designated to administer these CDBG funds on behalf of
Weld County, the lead applicant;
WHEREAS, up to $32,700.00 of CDBG funds are allowed under "Specific Provisions"
in the Contract's Scope of Services (found in Exhibit A, which is attached hereto and made
a part of this Agreement) for restricted administrative purposes;
NOW, THEREFORE, in consideration of the mutual promises and convenants
contained herein, the parties hereto agree as follows:
1. The CDBG funds will be utilized in the furtherance of economic growth, creation
of jobs and fulfillment of the purposes set forth in the Contract Scope of Services.
2. The CDBG funds shall be requested by EDAP from the Department of Local
Affairs as prescribed in Part II, Section II of the Community Development Block Grant
Program 1998 Grantee Handbook, and placed in the Eaton Bank, Greeley, a Federally
Insured Depository, in the name of the Weld/Larimer Revolving Loan Fund.
Coordination between the county and EDAP shall be made to ensure consistency with the
fund request procedures as established for the CDBG program.
3. It is agreed that all funds repaid under this contract are classified as
"Miscellaneous Income" and shall be retained as an asset of EDAP and will be used for
future business development and expansion loans according to the established RLF loan
policies, all as more fully set forth in the Letter of Understanding between EDAP and Weld
County executed on December 10, 1997. Miscellaneous income shall consist of all income
derived from the use of CDBG funds.
Page 2
RE: SUBCONTRACT AGREEMENT — EDAP
4. EDAP will utilize CDBG administrative funds (up to $32,700.00) and other
resources to provide administrative services for the RLF program, which include the
following:
a) Activities and functions for loan packaging and business technical
assistance covered by CDBG Contract administrative provisions, such as work
done to: solicit business participation; assist businesses in completing
. applications, business plans, and financial statements; identify private or
other public lender interest and participation; review and evaluate loan
applications; conduct loan closings; monitor funded business projects;
provide management assistance; coordinate secondary market loan sales for
recapitalization purposes; conduct related business seminars and the RLF
workshop; and any associated travel, telephone, clerical and supply costs.
Also covered is work needed for individual business projects in meeting with
environmental, labor standards, employment, and other compliance
requirements. The primary source of cash match for CDBG administrative
funds will be program income, with any local cash or other permissible
resources utilized if needed.
b) Other administrative activities and functions, shall include grant
and RLF financial management, general office management, payments,
preparation and maintenance of project files and records, and preparation of
additional grant applications.
5. EDAP will comply with all terms and conditions of the Contract and all
applicable laws in carrying out project operations, and shall assign management and
coordination responsibilities to Jodi Hartmann, Administrator of the Weld/Larimer
Revolving Loan Fund program.
6. EDAP anticipates adequate funding levels for its organization during the term of
the agreement. In the event any difficulties are projected which might potentially affect
any part of its administrative obligations under this agreement, EDAP will inform the
County and make every effort to seek appropriate solutions or identify alternative
arrangements in order to meet Contract requirements.
7. EDAP shall fulfill all administrative and reporting requirements of CDBG as
required per the attached CDBG Contract, Exhibit A which is attached and made a part of
this agreement, to ensure full grant compliance on the County's behalf at all times.
Page 3
RE: SUBCONTRACT AGREEMENT — EDAP
8. EDAP agrees to reimburse the County for any funds disallowed or penalties
under the CDBG due to any administrative error or omission, fraud, theft, or negligence by
EDAP or EDAP's staff. EDAP shall indemnify the County for any and all liability or loss
suffered by the County and resulting from any such administrative error or omission,
fraud, theft, or negligence by EDAP or EDAP's staff.
9. EDAP agrees to prepare all necessary environmental reviews, public notices, loan
documents, and other documents required to comply with the CDBG rules and
regulations. Inc signatory as the Certifying Official for environmc cal reviews shall be
the Administrator, Jodi Hartmann. The Weld County Attorney shall review and approve
as to form all loan documents prior to execution of this project.
10. EDAP shall prepare the quarterly progress reports within 15 days following the
end of the quarter under this grant and present them to the County for approval and
signing. Jodi Hartmann, shall be authorized to sign the Requests for Advance or
Reimbursement and the Quarterly Financial Status Report. These latter two documents
shall be reviewed by the County's Finance Officer prior to transmittal and a copy retained
for county records.
11. EDAP shall maintain all public records for this HUD-CDBG program at their
corporate offices and provide public access to these records during normal business hours.
Personal financial records and other confidential information concerning individual
borrowers under the program shall be held confidential and with limited access as
identified in the loan policy statement. Actual loan documents, including the amount and
terms of the loan and other contracts shall be made available upon request. The County
shall have unlimited access to all records pertaining to this loan.
12. EDAP shall be allowed to retain all forms of program income. Upon
dissolution these funds shall be returned t the County.
13. This agreement may be ame ded or assigned in writing by the mutual
agreement of the parties.
14. This agreement entered into his C 9 4t day of , 1998,
shall be in force during the Grant Perio and shall terminate u n c pletion of all
project close-out requirement as specifie in the 1998 Grantee Handbook. For non-
performance by EDAP, the County can erminate this Agreement with seven (7) days
notice to EDAP.
Page 4
RE: SUBCONTRACT AGREEMENT — EDAP
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board �/
BY: g?zi ��=�4G� '-dec
(� Constance L. Harbert, Chair(07/29/98)
BY: g J 12 Lick
Deputy Clerk to the Board
GREELEY/WELD ECONOMIC
DEVELOPME ACTION PARTNERSHIP, INC.
BY:
hn R. Dent, Chairman
SUBSCRIBED AND SWORN to bef me this /q day of aai,�f-
1998.
WITNESS my hand and official seal.
No ar Public
My Commission Expires: 9/2/z.00/ a��PRY,p(/B�/c
LAURA : ,
4 SULLIVAN
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