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RESOLUTION
RE: APPROVE AGREEMENT TO CONDUCT STUDY TO DETERMINE FEASIBILITY OF
ESTABLISHING A PROCESSING PLANT AND AUTHORIZE CHAIR TO SIGN -
ROCKY MOUNTAIN FARMERS UNION EDUCATIONAL AND CHARITABLE
FOUNDATION
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 an Agreement to Conduct Study to
determine the feasibility of establishing a processing plant between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and Rocky
Mountain Farmers Union Educational and Charitable Foundation, commencing July 1, 1999,
and ending June 30, 2000, with further 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 Agreement to Conduct Study to determine the feasibility of
establishing a processing plant between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and Rocky Mountain Farmers Union
Educational and Charitable Foundation 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 26th day of May, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
�6Yu� G� �V COUNTY, C LO ADO
ATTEST:
Da K. Hall, Chair
Weld County Clerk to � cv�
r Barbara J. Kirkmeyer Pro-Terra
tit
Deputy Clerk to the B
Geode axer
APP A TO FORM:
M. �JJGei e
unty ttorney
Glenn Vaad
991252
L'C BC0027
AGREEMENT TO CONDUCT STUDY
THIS AGREEMENT is made and entered into this s7Z, day of May, 1999, by and
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of the County of Weld, whose address is 915 10th Street, Greeley, Colorado
80631, hereinafter referred to as "County," and the Rocky Mountain Farmers Union Educational
and Charitable Foundation, whose address is 10800 East Bethany Drive, Aurora, Colorado
80014, hereinafter referred to as "the Foundation."
WITNESSETH:
WHEREAS, the County has entered into a contract with the State of Colorado
Department of Local Affairs to administer a study to determine the technical and economic
feasibility of establishing a small to medium-sized plant to process and market locally-grown
beef, lamb, goats, bison and elk in northern Colorado, a copy of which is attached hereto and
referred to herein as Attachment"1", and
WHEREAS, the County is in need of an entity to conduct said study and the Foundation
has the staff and facilities necessary to do so, and
WHEREAS, the parties hereto now desire to enter into this Agreement for the purpose of
setting forth the relative duties and responsibilities of the parties with respect to the study to be
conducted by the Foundation.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: This Agreement shall be effective for the term beginning June 1, 1999,
and ending June 30, 2000, unless sooner terminated by either of the parties hereto
pursuant to the termination procedures contained in Section 5., below.
2. SCOPE OF STUDY: The study shall be conducted by the Foundation in
accordance with the terms, conditions, and requirements described in Exhibit "A"
of Attachment 1.
3. PAYMENT FOR THE CONDUCTING OF THE STUDY: Payment for services
rendered by the Foundation pursuant to this Agreement shall be in accordance
with the payment provisions set forth in Exhibit A of Attachment 1. In no event
shall payment to Foundation exceed $15,000. All project costs i.n excess of this
amount shall be the responsibility of the Foundation. The Foundation shall
provide at least $40,000 of"in-kind" and cash support for the conducting of the
study. Payment to Foundation pursuant to this Agreement is expressly contingent
Page 1 of 4 Pages
upon evidence of the satisfactory performance by the Foundation of the objectives
stated in Attachment 1. The County shall not be liable for any expenses or costs
incurred by the Foundation in the course of its conducting the study in accordance
with the terms, conditions and requirements of Attachment 1, and shall not be
obligated to pay to the Foundation anything more than the $15,000 received
pursuant to Attachment 1.
4. COMPLIANCE WITH CONTRACT TERMS, CONDITIONS AND
REQUIREMENTS: The Foundation agrees to comply with all terms, conditions
and requirements of the "Contractor" stated in Attachment 1, as if the Foundation
was standing in the place of the "Contractor," including, but not limited to,
Exhibit A attached thereto.
5. TERMINATION: This Agreement may be terminated by either party as follows:
a. Termination for default of performance: In the event either party defaults
in the performance of its duties and responsibilities set forth in this
Agreement, the other party shall notify the defaulting party of such default
in writing at the addresses described in Section 9., below. The defaulting
party shall then have 20 days in which to cure such default. In the event
the default is not cured, the non-defaulting party may then consider this
Agreement to be terminated with no further notice being necessary.
b. Termination for reasons other than default: Either party hereto may
terminate this Agreement upon providing written notice to the other party
at the address set forth in Section 9., below, at least thirty (30) days prior
to the intended date of termination.
6. INSURANCE: The Foundation shall provide to the County proof of liability
insurance maintained at all times during the term of this Agreement in the amount
of$150,000 per person, $600,000 per occurrence, naming the County and its
employees and agents as Additional Named Insureds. The Foundation shall also
provide to the County proof of worker's compensation and unemployment
compensation insurance as required by the provisions of Section 13., below.
7. MODIFICATION OF AGREEMENT: All modifications to this Agreement shall
be in writing and signed by both parties.
8. ENTIRE AGREEMENT/NO THIRD PARTY BENEFICIARY: This
Agreement contains the entire Agreement and understanding between the parties
to this Agreement and supersedes any other Agreements concerning the subject
matter of this transaction, whether oral or written. It is expressly understood and
agreed that the enforcement of the terms and conditions of this Agreement, and all
Page 2 of 4 Pages
rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties, and nothing contained in this Agreement shall give or allow
any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this
Agreement shall be deemed an incidental beneficiary only.
9. NOTICE: All notices required to be given by the parties hereunder shall be given
by certified or registered mail by the individuals at the address as set forth below.
Either party may from time to time designate in writing a substitute person(s) or
addressed to whom such notices shall be sent:
County: Don Warden, Director of Finance and Administration for Weld
County, Colorado, 915 10th Street, Greeley, Colorado 80631 ,
The Foundation: Bob Mailander, Rocky Mountain Farmers Union
Cooperative, 10800 East Bethany Drive, Aurora, Colorado 80014.
10. ASSIGNMENT: Neither this Agreement nor the rights or obligations hereunder
shall be assignable without the prior written consent of both parties.
11. CONTROLLING LAW: This Agreement shall be construed and enforced in
accordance with the laws of the State of Colorado.
12. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties of their officers or employees
may posses, nor shall any portion of this Agreement be deemed to have created a
duty of care that did not previously exists with respect to any person not a party to
this Agreement.
13. INDEPENDENT CONTRACTOR: The Foundation shall conduct the study
referred to in Attachment 1 as an independent contractor. Neither the Foundation
nor any agent or employee of the Foundation shall be deemed an agent or
employee of the County or of the State of Colorado. The Foundation shall pay
when due all required employment taxes and income tax and local head tax on any
monies paid pursuant to this Agreement. The Foundation acknowledges that the
Foundation and its employees are not entitled to worker's or unemployment
insurance benefits unless the Foundation or a third party provides such coverage
and that the County does not pay for or otherwise provide such coverage. The
Foundation shall have no authorization, express or implied, to bind the County to
any agreement, liability, or understanding except as expressly set forth herein.
The Foundation shall provide and keep in force worker's compensation and
unemployment insurance(and show to the County proof of such insurance) in the
amounts required by law, and shall be solely responsible for the acts of the
Page 3 of 4 Pages
Foundation, it employees and agents.
14. SEVERABILITY: If any provision of this Agreement should be held to be
invalid, illegal, or unenforceable for any reason, the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or
impaired thereby.
IN WITNESS WHEREOF, the parties have hereunto set there hands and seals this
02t day of May, 1999.
THE COUNTY OF WELD, STATE OF
ATTEST: '\ COLORADO, by and through THE BOARD
OF COUNTY COMMISSIONERS OF THE
1E51 r zi COUNTY OF WELD
ti
BY: z S , @:/
Deputy Clerk to the B B
•
Dale K. Hall, Chairman (, •
ROCKY MOUNTAIN FARMERS UNION
EDUCATIONAL AND CHARITABLE
FOUNDATION
BY: -co
SUBSCRIBED AND SWORN to before me this 2:1-- day of ;1(.4.-A
19`�
WITNESS my hand and official seal.
Z 67
No ry Public
My commission expires: /9 dc-2 ;1 o0
Page 4 of 4 Pages
EDC # 429 DEPARTMENT OR AGENCY NUMBER
NAA
CONTRACT ROUTING NUMBER
CONTRACT
THIS Contract, made this day of 19 99 , by and between the State of Colorado for
the use and benefit of the Department of Local Affairs,Economic Development Commission("E.D.C."),1313
Sherman Street, Denver, Colorado 80203, hereinafter referred to as the State, and Weld County Board of
County Commissioners, PO Box 758, Greeley. CO 80632 , hereinafter referred to as the Contractor.
WHEREAS,authority exists in the Law and Funds have been budgeted,appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment in Fund No.
156 , Approp. Code 902 , Org. Unit EBAO , GBL _, Contract Encumb. No. _E9EDC429 ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the State desires to promote economic development in Colorado by assisting local
communities in expanding their economic base; and
WHEREAS, pursuant to 24-46-101 to 105,C.R.S. 1987,the Colorado Economic Development Fund
is created, and is to be administered by the Department of Local Affairs; and
WHEREAS,applications for distributions from the Colorado Economic Development Fund have been
received by the Economic Development Commission; and
WHEREAS, the Economic Development Commission has reviewed and recommended to the
Governor that the project described in this contract be financed with a grant; and
WHEREAS, the Governor has authorized expenditure of money from the Economic Development
Fund to finance the project described it this contract; and
WHEREAS, the Contractor is an eligible recipient of Colorado Economic Development funds;
NOW THEREFORE it is hereby agreed that:
1. Area Covered. The Contractor shall perform and accomplish all the necessary work and
services provided under this Contract, as described in the attached Exhibit A, which is incorporated herein
and made part of this Contract by reference, in connection with and respecting the following area or areas:
Weld County and vicinity
2. Scope of Services. In consideration for the monies to be received from the State, the
Contractor shall do, perform,and carry out, in a satisfactory and proper manner,as determined by the State,
all work elements as indicated in the "Scope of Services", set forth in the Attached Exhibit A, hereinafter
referred to as the"Project". Work performed prior to the execution of this Contract shall not be considered
part of this Project.
3. Responsible Administrator. The performance of the services required hereunder shall be
under the direct supervision of Don Warden ,an employee or agent of Contractor,who is hereby designated
as the administrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to this
Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement
administrator-in-charge and the State receives notification of such replacement assignment.
Page,1 of 7 Pages
4. Time of Performance. This Contract shall become effective upon proper execution of this
Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this
Contract and shall be undertaken and performed in the sequence set forth in the "Time of Performance" in
the attached Exhibit A. No Economic Development Commission Funds provided under this contract will be
expended prior to the full execution of this contract. The Contractor agrees that time is of the essence in the
performance of its obligations under this Contract,and that completion of the Project shall occur no later than
the termination date set forth in the"Time of Performance."
5. Compensation and Method of Payment. The State agrees to pay to the Contractor, in
consideration for the work and services to be performed,a total amount not to exceed FIFTEEN THOUSAND
AND NO/100 DOLLARS ($15,000). The method and time of payment shall be made in accordance with the
"Payment Schedule" set forth in Exhibit A.
6. Accounting. At all times from the effective date of this Contract until completion of this
Project, the Contractor shall maintain properly segregated books of State funds, matching funds, and other
funds associated with this Project. All receipts and expenditures associated with said Project shall be
documented in a detailed and specific manner, and shall accord with the "Budget" set forth in Exhibit A.
Contractor may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without
approval of the State. Adjustments of budget expenditure amounts in excess of ten percent(10%)must be
authorized by the State in an amendment to this Contract properly executed and approved pursuant to the
State Fiscal Rules. In no event shall the State's total consideration exceed the amount shown in Paragraph
5 above.
a. Unless otherwise provided in this Contract, if Exhibit A provides for more than one payment
by the State, the initial payment set forth in the Payment Schedule shall be made as soon
as practicable after proper execution of this Contract. The Contractor shall initiate all
subsequent payment requests by submitting documented proof of proper expenditure of
State funds thus far received to a contract monitor designated by the State.
b. The Contractor shall request the final payment, which is the amount withheld by the State
until the Project is complete, for the Project by submitting to the contract monitor a detailed
cost accounting of all State funds received and expended towards completion of the Project.
Upon determining to its satisfaction that all funds received by the Contractor have been
properly spent towards accomplishment of the Project, the State shall promptly make final
payment to the Contractor.
c. Within ninety (90) days of completion of the Project, the Contractor shall submit to the
contract monitor a detailed cost accounting of expenditures of the final payment received
from the State. Any State funds not expended in connection with the Project shall be
remitted to the State at that time.
7. Audit. The State or its authorized representative shall have the right to inspect,examine,and
audit Contractor's records, books and accounts, including the right to hire an independent Certified Public
Accountant of the State's choosing and at the State's expense to do so. Such discretionary audit may be
called for at any time and for any reason from the effective date of this Contract until five(5) years after the
date final payment for this Project is received by the Contractor, provided that the audit is performed at a time
convenient to the Contractor and during regular business hours. Whether or not the State calls for a
discretionary audit as provided for in this paragraph, if the Project is accomplished within a single fiscal year
of the Contractor, the Contractor shall, at the conclusion of the Project, and in addition to any other reports
required, submit a report and auditor's statement of the Project account to the Economic Development
Commission in the Department of Local Affairs. Such report shall be prepared in conjunction with Contractor's
regular yearly audit, and must be submitted within six (6) months after the close of the then current
Contractor's fiscal year.
Page 2 of 7 Pages
8. Personnel. The Contractor represents that he has, or will secure at his own expense, unless
otherwise stated in Exhibit A, all personnel, as employees of the Contractor, necessary to perform the work
and services required to be performed by the Contractor under this Contract. Such personnel may not be
employees of or have any contractual relationship with the State and no such personnel are eligible for any
employee benefits, unemployment compensation or any other benefits accorded to state employees and
Contractor agrees to indemnify the state for any costs for which the state may be found liable in these
regards. Contractor shall pay when due all required employment taxes and income tax withholding. All of
the services required hereunder will be performed by the Contractor or under his supervision, and all
personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to
perform such services.
9. Workmen's Compensation Coverage. The Contractor is responsible for providing Workmen's
Compensation Coverage and Unemployment Compensation Coverage for all of its employees to the extent
required by law,and for providing such coverage for themselves,and for providing such coverage or requiring
its subcontractors to provide such coverage for the subcontractor's employees. In no case is the State
responsible for providing Workmen's Compensation Coverage for any employees or subcontractors of
Contractor pursuant to this Agreement, and Contractor agrees to indemnify the State for any costs for which
the State may be found liable in this regard.
. 10. Termination of Contract for Convenience of Either Party. Either the State or the Contractor may
terminate this Contract at any time the party determines that the purpose of the Contract would no longer be
served by completion of the Project. The party desiring to terminate the Contract shall effect such termination
by giving written notice of termination to the other party and specifying the effective date thereof,at least thirty
(30)days prior thereto. In that event, all finished or unfinished documents and other materials shall, at the
option of the State, become its property. Contractor shall repay funds advanced and not expended in
accordance with the terms of this contract. Contractor shall not be relieved of any obligations to repay funds
advanced as a loan, notwithstanding any termination of the contract for convenience.
11. Termination of Contract for Cause; Repayment of Advanced Funds
a. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or
stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by
giving written notice to the Contractor of such termination and specifying the effective date thereof, at least
five(5)days before the effective date of such termination. In that event,all finished or unfinished documents,
data, studies, surveys, drawings, maps, models, photographs,media contracts and reports or other material
prepared by the Contractor under this Contract shall, at the option of the State, become its property; and the
Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials.
b. Notwithstanding the above,the Contractor shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may
withhold any payment to the Contractor for the purpose of setoff until such time as the exact amount of
damages due to the State from the Contractor is determined.
c. If funds have been advanced to the Contractor, Contractor shall repay such funds to the
extent they are not expended in accordance with the terms of this contract at the time cf termination.
12. Changes. The State may,from time to time,require changes in the scope of services of the Contract
to be performed hereunder. However, this Contract is intended as the complete integration of all
understandings between the parties at this time,and no prior or contemporaneous addition,deletion,or other
amendment hereto, including any increase or decrease in the amount of monies to be paid to the Contractor,
shall have any force or effect whatsoever unless embodied in a written contract amendment incorporating
such changes executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this provision,
changes in the time of performance may be agreed to by letter if so provided for in Exhibit A, and contractor
Page 3 of 7 Pages
may make adjustments of Less than 10 percent in budget ;ine items as provided for in section 6 of this
Contract.
13. Reports. At least two (2) copies of all reports prepared as a result of the Project will be submitted
to the Economic Development Commission in the Department of Local Affairs within two (2) weeks of
completion of such reports.
14. Conflict of Interest.
a. No employee of the Contractor shall perform or provide part-time services for compensation,
monetary or otherwise, to a consultant or consultant firm that has been retained by the
Contractor under the authority of this Contract.
b. The Contractor agrees that no person at any time exercising any function or responsibility,
in connection with the elements of this project that are financed with State funds, on behalf
of the Contractor shall have or acquire any personal financial or economic interest,direct or
indirect,which will be materially affected by this Contract, except to the extent that he may
receive compensation for his performance pursuant to this Contract.
c. A personal financial or economic interest includes, but is not limited to:
any business entity in which the person has a direct or indirect monetary interest;
ii. any real propery in which the person has a direct or indirect monetary interest;
iii. any source of income, loans, or gifts received by or promised to the person within
twelve (12)months prior to the execution date of this Contract;
iv. any business entity in which the person is a director, officer, general or limited
partner, trustee, employee, or holds any position of management.
For purposes of this subsection, indirect investment or interest means any investment or
interest owned by the spouse, parent, brother, sister, son, daughter, father-in-law,
mother-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law of the person by
an agent on his/her behalf, by a general, limited, or silent partner of the person, by any
business entity controlled by said person, or by a trust in which he/she has substantial
interest. A business entity is controlled by a person if that person,his/her agent,or a relative
as defined above possesses more than fifty percent (50%) of the ownership interest._ Said
person has a substantial economic interest in a trust when the person or an above-defined
relative has a present or future interest worth more than One Thousand Dollars ($1,000.00).
d. In the event a conflict of interest, as described in this Paragraph 14, cannot be avoided
without frustrating the purposes of this Contract, the person involved in such a conflict of
interest shall submit to the Contractor and the State a full disclosure statement setting forth
the details of such conflict of interest. In cases of extreme and unacceptable conflicts of
interest, as determined by the State, the State reserves the right to terminate the Contract
for cause,as provided in Paragraph 11 above. Failure to file a disclosure statement required
by this Paragraph 14 shall constitute grounds for termination of this Contract for cause by the
State.
15. Compliance with Applicable Laws. At all times during the performance of this Contract,the Contractor
shall strictly adhere to all applicable federal and State laws that have been or may hereafter be established.
Page 4 of 7 Pages
16. Subcontracts. Copies of any and all subcontracts entered into by the Contractor to accomplish this
Project will be submitted to the Department of Local Affairs upon execution. Any and all contracts entered
into by the Contractor shall comply with all applicable federal and Colorado state laws and shall be governed
by the laws of the State of Colorado notwithstanding provisions therein to the contrary.
17. Severability. To the extent that this Contract may be executed and performance of the obligations
of the parties may be accomplished within the intent of the Contract,the terms of this Contract are severable,
and should any term or provision hereof be declared invalid or become inoperative for any reason, such
invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach
of a term hereof shall not be construed as waiver of any other term.
18. Binding on Successors. Except as herein otherwise provided, this agreement shall inure to the
benefit of and be binding upon the parties, or any subcontractors hereto,and their respective successors and
assigns.
19. Assignment. Neither party, nor any subcontractors hereto, may assign its rights or duties under this
Contract without the prior written consent of the other party.
20. Limitation to Particular Funds. The parties hereto expressly recognize that the Contractor is to be
paid, reimbursed,or otherwise compensated with funds provided to the State for the purpose of contracting
for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all
its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of
such funds by the State. In the event that such funds or any part thereof are not received by the State, the
State may immediately terminate this Contract.
21. Minority Business Enterprise Participation. It is the policy of the State of Colorado that minority
business enterprises shall have the maximum practicable opportunity to participate in the performance of its
construction grant contracts. The Contractor agrees to use its best efforts to carry out this policy to the fullest
extent practicable and consistent with the efficient performance of this Contract. As used in this Contract,the
term "minority business enterprise" means a business, at least 50 percent (50%) of which is owned by
minority group members or, in the case of publicly owned businesses, at least 51 percent(51%)of the stock
of which is owned by minority group members. For the purposes of this definition, minority group members
are Negroes or Black Americans, Spanish-speaking Americans, Asian Americans, American Indians,
American Eskimos and American Aleuts. The Contractor may rely on written representations by bidders,
contractors, and subcontractors regarding their status as minority enterprises and need not conduct an
independent investigation.
22. Parties' Relationship. Except with respect to its fiduciary obligations to the State set forth in Exhibit •
A, the Contractor shall not be deemed an employee or agent of the State. No agent or employee of
Contractor shall be or shall be deemed to be an employee or agent of the State, other than for purposes of
compliance with the fiduciary obligations to the State in Exhibit A. Contractor will be solely and entirely
responsible for its acts and the acts of its agents, employees and subcontractors during the performance of
this contract.
Page 5 of 7 Pages
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.
This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted
and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection, repair, maintenance, or improvement of any
building,road,bridge,viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such
work included in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety
to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly
executed by a qualified corporate surety,conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his
subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor
or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the
prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight
per cent per annum. Unless such bond is executed, delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,
allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond.
This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents,against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its
employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law
respecting discrimination and unfair employment practice(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,
dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status,
religion,ancestry,mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed,and that employees
are treated during employment,without regard to the above mentioned characteristics. Such action shall include,but not be limited to the following:
employment,upgrading,demotion,or transfer,recruitment or recruitment advertisings;lay-offs or terminations;rates of pay or other forms of compensation;
and selection for training,including apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will
receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical
handicap,or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under
the Executive Order,Equai Opportunity and Affirmative Action,dated April 16, 1975,and of the rules, regulations,and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April
16, 1975, and by the rules, regulations and Orders of the Governor,or pursuant thereto, and will permit access to his books,records,and accounts by
the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations
and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such
individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race,
creed,color,sex, national origin,or ancestry.
(f) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be dis-
cnrninatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt either directly or
indirectly,to commit any act defined in this contract to be discriminatory.
Form 6-AC-02B
Revised 1/93
395-53-01-1022
Page 6 of 7 Pages
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any such rules, regulations,or orders, this
contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance
with procedures.authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,or by rules,regulations or orders promulgated
in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity
and Affirmative Action of April 16, 1975,or by rules,regulations or orders promulgated in accordance therewith, or as otherwise provided by law.
(h)The Contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules,
regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase crder as the contracting agency
may direct,as a means of enforcing such provisions,including sanctions for non-compliance;proviced, however,that in the event the contractor becomes
involved in,or is threatened with,litigation,with the subcomractor or vendor as a result of such direction by the contracting agency,the contractor may request
the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicabie to this contract if public works within the State are undertaken
hereunder and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.if it is determined
by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available
or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the
moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102).
GENERAL
7, The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement
of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person
or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision incorporated herein
by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether
by way of complaint, defense,or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this
contract to the extent that the contract is capable of execution.
8. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that
have been or may hereafter be established.
9. Pursuant to CRS 24-30-202.4(as amended),the state controller may withhold debts owed to state agencies under the vendor offset intercept system
for:(a)unpaid child support debt or child support arrearages;(b)unpaid balance of tax.accrued interest,or other charges specified in Article 22,Title 39,CRS;
(c) unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment
compensation fund;and(e)other unpaid debts owing to the state or any agency thereof,the amount of which is found to be owing as a result of final agency
determination or reduced to judgement as certified by the controller.
10.The signatories aver that they are familiar with CRS 16-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq., (Abuse of Public
Office),and that no violation of such provisions is present.
11. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property
described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor:
WELD COUNTY BOARD OF COUNTY COMMISSIONERS
(Full Le ame)_ STATE OF COLORADO
BILL OWENS, GOVERNOR
Dale K. Hall By
Position(Title) Chair For the EXECUTIVE DIRECTOR, Bob BrooKs -
84-6000813 _
DEPARTMENT
sootal Secretly Number or Federal IDNumber OF Local Affairs
(If Corporation:)
Attest(Seal)
By
Corporate Secretary.or equivalent.TowniCay1Couniy Clark
PRE-APPROVED FORM CONTRACT REVIEW STTAA
ER APPROVALS
TE CONTROLLER
Arthur L. Barnhart
By By
Evan Metcalf Rose Marie Auten
Form 6-AC-02C
Revised 7/97
395-53-01-1030 Page 7 which is the last of. 7 Pages
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
EDC #429
EXHIBIT A
Colorado Economic Development Commission
SCOPE OF SERVICES
1. Scope of Services
The Project consists of conducting a study to determine the technical and economic feasibility of
establishing a small to medium-sized plant to process and market locally-gorwn beef, Iamb, goats,
bison, and elk in northern Colorado.
The Contractor will be responsible for the administration of this Project. Contractor will enter into one
or more subcontracts with qualified consultant(s), potential plant operators, and/or public agencies to
perform this work. The Contractor will select subcontractors in accordance with applicable
procurement procedures. Subcontractors will submit a letter detailing their plan of work for approval
by the Colorado Department of Agriculture prior to beginning work on this project. Representatives of
Contractor and/or subcontractors shall meet with representatives of the State at such times as may be
requested by the State to report on work in process and findings of the project. Contractor will provide
the State with written report(s)detailing the findings of the study and providing recommendations for
future actions.
The feasibility study will evaluate and report on the following subjects:
Analyze raw material supplies.
Analyze the market for products of the proposed plant.
Analyze plant design, siting, and financing requirements.
Analyze projected revenues and costs.
The contribution from the Economic Development Fund under this Contract shall not:exceed FIFTEEN
THOUSAND Dollars ($15,000). All project costs in excess of this amount will be the responsibility of
the Contractor. The Contractor will provide at least$40,000 in in-kind and cash support for this
Project. In the event that project costs are less than budgeted, costs shall be shared between the
Contractor and the State on a pro-rata basis, and any unexpended funds shall be returned to the State.
Any travel casts charged to this project shall be reimbursed according to State Fiscal Rules.
Copies of any and all subcontracts entered into by the Contractor to accomplish this Project will be
submitted to the Department of Local Affairs, Economic Development section, upon execution. Any
and all contracts entered into by the Contractor shall comply with all applicable federal and Colorado
state laws and shall be governed by the laws of the State of Colorado notwithstanding provisions -
therein to the contrary.
2. Time of Performance
The Project shall commence upon execution of this Contract. The Contract will expire on June 30,
2000, except that the Contract may be extended a maximum of 6 months subject to the mutual
agreement of the State and the Contractor. A request for extension by the Contractor shall be
submitted to the State at least 30 days prior to the expiration of the Contract with a full justification for
the extension request.
EDC #429- Exhibit A
Page 1 of 2 Pages
3. Budget
REVENUE EXPENDITURES
E.D.C. Funds $15,000 Contractual $45,000
Personnel 8,000
Local Funds 40,000 Travel 2,000
TOTAL: 55,000 TOTAL: 55,000
4. Payment Schedule
I. $4,500 Upon request for payment, following approval of the subcontractor's plari of work as
specified in Section 1 of this Scope of Services. Contractor shall disburse payments to its
subcontractor upon subcontractor's providing evidence of satisfactory performance of its
objectives to date.
il. 4,500 Upon submission of an interim report detailing work accomplished and the results to-date
of the feasibility study, and following an interim meeting with the State of contractor and/
or subcontractor representatives if requested by the State.
III. 6,000 Final payment to be matte upon completion of the Project. The Contractor will submit a
final financial report documenting the expenditure of all E.D.C. funds for which payment
has been requested. The financial report and the report detailing the results of the
feasibility study will be approved by the State before funds are released.
$15,000 TOTAL
Requests for payment will be initiated by the Contractor in accordance with the provisions of
Paragraph 6 of the main body of this contract.
5. Monitoring
The Department of Local Affairs, Economic Development section, will monitor this Project on an as-
needed basis. The Colorado Department of Agriculture will assist the Department of Local Affairs with
project monitoring.
6. Reporting Schedule
The Contractor will submit to the Colorado Department of Agriculture, Markets Section, monthly
reports detailing accomplishments and expected goals for the following month. These monthly reports
shall be submitted by the fifteenth of each month on forms provided by that agency. Contractor will
submit to the Department of Agriculture and the Department of Local Affairs an interim financial and
narrative report properly documenting all expenditures of E.D.C. funds and detailing work
accomplished and results of the feasibility study to-date at the time the interim payment is request.
The Contractor will submit a final financial status report properly documenting all expenditures of
E.D.C. funds at the time the final payment is requested, in accordance with the payment schedule. Six
(6) copies of the report describing the results and conclusions of the feasibility study will be provided to
the Colorado Department of Agriculture, and one (1)copy shall be provided to the Department of Local
Affairs.
EDC #429 - Exhibit A
Page 2 of 2 Pages
STATE OF COLORADO
EXECUTIVE CHAMBERS deco ,
136 State Capitol kat\
Denver,Colorado 802 03-1 792
Phone(303)866-2471 •
....*rave*-�
December 10, 1998 Roy Romer
Governor
Odell Barry, Chairman
Colorado Economic Development Commission
1625 Broadway, Ste. 1710
Denver, CO 80202
RE: Economic Development Commission Recommendation on Agriculture Feasibility
Studies
Dear Odell:
In accordance with 24-46-105, I have the authority to review and approve recommendations
by the Colorado Economic Development Commission for expenditures from the Economic
Development Fund. I have reviewed the request and hereby approve -the expenditure of
$55,000 from the Fund as a grant to the Department of Agriculture for its feasibility studies
for 1999.
Sincerely,CePRoy Ro �•�/v
Governor
Economic Development Commission
1999 Agricultural Feasibility Study Project Grants
# 426 Rangely Wild Game Processing $ 4,900
#427 Region 10 Woollen Mill 13,150
#428 San Miguel County Shared-Use Ag Processing Center 15,000
#429 Weld County Multi-Species Processing Plant 15,000
To Be Selected by Dept. of Agriculture 6 950
$55,000
Hello