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Home My WebLink About20163760.tiffRESOLUTION RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND UPSTATE COLORADO ECONOMIC DEVELOPMENT 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 Upstate Colorado Economic Development 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, Upstate Colorado Economic Development has been awarded the sum of $100,000.00 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, 2017, through December 31, 2017, 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 Upstate Colorado Economic Development 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. cc:r-zcow) Cif ccit I 7 2016-3760 FI0064 MEMORANDUM OF AGREEMENT - UPSTATE COLORADO ECONOMIC DEVELOPMENT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of December, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Waco.) jde40:4, Weld County Clerk to the Board BY: uty Clerk to the Board APP' . ► AS T unty Attorney Date of signature: O k (C75/ ti 4•04.1's IA/ Mike Freeman, Chair t Sean P. Conway, Pro-Tem Julie A. Cozad A I>fes 1�11� tCe. :rbara Kirkme er -ter y I� eve Moreno 2016-3760 F10064 MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into on this, the 14th day of December, 2016, by and between Weld County, hereinafter referred to as "Weld" and Upstate Colorado Economic Development, hereinafter referred to as "Contractor", the parties agree as follows: WHEREAS, the Board of County Commissioners of Weld County, Colorado, has awarded Upstate Colorado Economic Development a sum of $100,000.00 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 Upstate Colorado Economic Development. 2. CONTRACT PERIOD will be month to month from January 1, 2017, through December 31, 2017, with a 30 -day termination notice. In the event Upstate Colorado Economic Development's organizational structure or funding structure changes from the current structure in a matter determined by the Board of Weld County Commissioners to be unacceptable, "Weld" may terminate this agreement concurrent with the date of the change prior to December 31, 2017. 3. The total amount paid by "Weld" to "Contractor" under this Agreement shall not exceed the sum of $100,000.00. 4. "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. 5. "Contractor" agrees to perform economic development activities on behalf of Weld County as determined by the Board of Directors of Upstate Colorado Economic Development. 6. "Contractor" assures that as a recipient of General Fund monies, it will spend the funds in accordance with the same laws and procedures t" `-_..___ "-- expenditure of its own funds. 2016-3760 Fl0064 MEMORANDUM OF AGREEMENT - UPSTATE COLORADO ECONOMIC DEVELOPMENT PAGE 2 7. "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. 8. "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. 9. "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. 10. "Contractor" may not assign or transfer this agreement, any interest therein or claim thereunder without the prior written approval of "Weld". 11. 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. 12. "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. 13. "Weld" may terminate this agreement at any time by giving "Contractor" a thirty - 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". 14. No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. 15. "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. 16. 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. 17. "Contractor" certifies that it shall comply with the provisions of Section 8-17.5-101, et seq., C.R.S. "Contractor" shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to "Contractor" that the subcontractor shall not F10064 MEMORANDUM OF AGREEMENT - UPSTATE COLORADO ECONOMIC DEVELOPMENT PAGE 3 knowingly employ or contract with an illegal alien to perform work under this Contract. "Contractor' represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of Section 8-17.5-102(2)(b), C.R.S. "Contractor" shall comply with all reasonable requests made in the course of an investigation under Section 8-17.5-102, C.R.S., by the Colorado Department of Labor and Employment. If "Contractor" fails to comply with any requirement of this provision or Section 8-17.5-101. et seq., C.R.S., "Weld" may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to "Contractor". Except where exempted by federal law and except as provided in Section 24-76.5- 103(3), C.R.S., if "Contractor" receives federal or state funds under this Contract, "Contractor" must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to Section 24-76.5- 103(4), C.R.S., if such individual applies for public benefits provided under this Contract. If "Contractor" operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States, or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by Section 24-76.5-101, et seq., C.R.S., and (c) shall produce one of the forms of identification required by Section 24-76.5- 103, C.R.S., prior to the effective date of this Contract. IN WITNESS WHEREOF, the parties above named have executed this agreement on the 14th day of December, A.D., 2016. ATTEST- ddrAdit) Je&D•€1 Weld 'ou ty, lerk to the Boa d WELD COUNTY, COLORADO BY: Deputy Cle APPD Controller APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS ike Freeman, Chair DEC 14 2016 VEDAS O U STANCE: Elected Official or Department Head UPSTATE COLORADO ECONOMIC DEVFLOP NT By. �� 020i760 6 ) F 10064 Hello