HomeMy WebLinkAbout982195.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND GREELEY-WELD ECONOMIC DEVELOPMENT ACTION
PARTNERSHIP AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES
AND AUTHORIZE CHAIR 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
Greeley-Weld 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 which is attached hereto and incorporated herein by reference, and
WHEREAS, Greeley-Weld Economic Development Action Partnership has been
awarded the sum of$103,833.00 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, 1999, through December 31,
1999, and
WHEREAS, the Board of County Commissioners deems it advisable and in the best
interest of Weld County to approve said 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
Greeley-Weld Economic Development Action Partnership Board as a recipient of Weld County
General Fund monies be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair of the Board of County
Commissioners of Weld County, Colorado, be, and hereby is, authorized to sign said agreement.
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( 1. �/ g/wErnesc„
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 16th day of December, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: �„ L',i �1
► �i >iic-� , Constance L. Harbert, Chair
Weld County Clerk to th_ Bo T-!,;a 't
i < EXCUSED
L � k .'
W. H. Webster, Pro-Tem
BY: •. i i ` ! r r. r ��
Deputy Clerk to the 1 ; yam' �F EXCUSED DATE OF SIGNING (AYE)
,! e E. Baxter
AP D AS T M:
Dale K. Hall
ountyAtto ney d Jh4 44a 4fi. - yAie/7uyxti
Barbara J. Kirkmeyer
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FI0027
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 16th day of December, 1998,
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 $103,833.00 of Weld County
General Fund monies to provide economic development services, and
WHEREAS, the County implements programs and services to residents throughout
Weld County, 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 month to month from January 1, 1999, through
December 31, 1999, with a 30-day termination notice.
3. COMPENSATION: "Weld" agrees to pay "Contractor" for services performed
hereunder at a rate of$8,652.75 per month in 1999, providing the City of
Greeley pays an equal amount each month. In the event the City of Greeley
terminates its contract with EDAP prior to December 31, 1999, this agreement
shall terminate concurrent with any termination date of the City of Greeley's
termination of services with EDAP.
4. The total amount paid by "Weld" to "Contractor" under this Agreement shall not
exceed the sum of$103,833.00.
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MEMORANDUM OF AGREEMENT- ECONOMIC DEVELOPMENT ACTION PARTNERSHIP
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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.
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". "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.
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MEMORANDUM OF AGREEMENT- ECONOMIC DEVELOPMENT ACTION PARTNERSHIP
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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".
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. "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 "Contractor" shall have full use of the equipment for so
long as "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 16th day of December, A.D., 1998.
ATTEST: 1�+ BOARD OF COUNTY COMMISSIONERS
fb�Dl �J+ WELD COUNTY, COLORADO
Weld County Clerk t•443 � BY: �.z5- -u--7,' -L/
c-5.KJ; 1 Constance L. Harbert, Chair(12/16/98)
By: yid+_ _,• . x's' �
Deputy Clerk t ECONOMIC DEVELOPMENT ACTION
PARTNERSH P/I
BY:
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