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HomeMy WebLinkAbout972429.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, the 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, 1998, through December 31, 1998, 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 the Greeley-Weld Economic Development Action Partnership 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. 972429 FI0025 fie : r7; fi-DRP 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 17th day of December, A.D., 1997. BOARD OF COUNTY COMMISSIONERS Ar OUNTY, COLORADO ATTEST: t%Ifi7P4/ f.iir � George xter, Chair Weld Cou 1 P;,, ?o_ ■ ' 1�- EXCUSED DATE OF SIGNING (AYE) i �� ��_� stance L. Harbe , Pro-Tem BY: ,_.. e: l•'1�,.i;-�`il 1«� b ' 59' Deputy C =.� �,�� •� �s"� Dale K. Hall // APP D AS FORM: � i . /1.. , 8arbar Kirkmeer �� ounty Att n 'l � ! 2-f iii. .CL&7 972429 FI0025 MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into on this, the 17th day of December, 1997, 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 from January 1, 1998 through December 31, 1998. 3. COMPENSATION: "Weld" agrees to pay "Contractor" for services performed hereunder at a rate of$8,652.75 per month in 1998. 4. The total amount paid by "Weld" to "Contractor" under this Agreement shall not exceed the sum of$103,833.00. 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. 972429 FI0025 MEMORANDUM OF AGREEMENT - ECONOMIC DEVELOPMENT ACTION PARTNERSHIP PAGE 2 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. 972429 F10025 MEMORANDUM OF AGREEMENT - ECONOMIC DEVELOPMENT ACTION PARTNERSHIP PAGE 3 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 17th day of December, A.D., 1997. 3/44 )� � �� / BOARD OF COUNTY COMMISSIONERS ATTEST _ =:-1�✓�'��, / / WELD CO NTY, COLORADO w ���Weld Q l,_ 4Ed BY: � �4 A g. � Ge e E. Baxter, Chair (12/17/97) By: A,! n r yrtTlu:.r I' Dep ty_``�'�N�.fie Board ECONOMIC DEVELOPMENT ACTION PARTNERSHIP/ BY: ja// let1 (/ 972429 FI0025 Hello