HomeMy WebLinkAbout20152988.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO
SIGN -WATTENBERG IMPROVEMENT ASSOCIATION
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 memorandum of understanding
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Finance, and Wattenberg
Improvement Association, commencing upon full execution of signatures, and ending, with further
terms and conditions being as stated in said memorandum of understanding, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum, 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 memorandum of understanding between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Finance, and Wattenberg Improvement Association be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said memorandum.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of September, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
' WELD COUNTY, CO ORADO ,
ATTEST: r./.�Q�AiN,/ �• ���
arbara Kirkmeye , Chair
Weld County Clerk to the Board ���
Mike Freeman, Pro-Tem
B . �� � � �
De uty Clerk to the Board �
/
� n P. Conway
��
APP ,3 FORM: ��� � SED
� A. Cozad
y Attorney �°� CUSED
n t� ��- Steve Moreno
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Date of signature: �
2015-2988
�'L: � 9��a F10061
Esther Gesick
From: Don Warden
Sent: Wednesday, September 09, 2015 7:58 AM
To: Esther Gesick
Subject: FW: MOU
Attachments: MOU.pdf
Please put this on next Monday's agenda when I will be there.Thanks,
Donald D. Warden
Director of Finance and Administration
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email: dwarden@co.weld.co.us
pyNTY
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From: Mike Garcia [mailto:mbg175472@yahoo.com]
Sent: Wednesday, September 09, 2015 7:02 AM
To: Don Warden
Cc: Anthony Espinosa; Barbara Kirkmeyer
Subject: MOU
Don attached is a copy of the MOU. The hard copy will be mailed out today.
Thank you!
I I
2015-2988
t
MEMORANDUM OF UNDERSTANDING
AGREEMENT:
This Memorandum of Understanding is made this 9V day of September, 2015, between the
WATTENBERG IMPROVEMENT ASSOCIATION and the County of Weld ("County"). The
purpose of the agreement is to clearly establish the relationship between the two entities during
the duration of the project.
FEDERAL FUNDING SOURCES:
The County, through the Community Development Block Grant (CDBG) Program, is providing
$648,000 in funds to WATTENBERG IMPROVEMENT ASSOCIATION for the Wattenberg water
project.
SCOPE OF WORK:
-This project consists of the.construction of-a 102,000-gallon water-storage tank to replace the- -
existing rusted tank, construction of a new building to house the current reverse osmosis
treatment plant, replacement of the controls and piping, and looping of the existing distribution
lines, install shut-off valves and gas heater.
MOU contract period shall follow the contract period of the Community Development Block Grant
(CDBG), which is typically one year from date signing with the option for two six months (6)
extensions for a total of twenty-four(24) months.
FINANCIAL ASSISTANCE: • , -
WATTENBERG IMPROVEMENT-ASSOCIATION, acting'as-a sub-recipient of the Community
Development Block Grant Program, will receive the benefit of the funds from the County: '
Payment of funds shall be'made as the project is completed to the successful contractor selected
through the County's bid process to insure compliance with all "required procurement rules and
regulations.
In the event the project costs exceed the$648,000 granted the project scope shall be adjustedao= :.
be within the $648,000 amount or WATTENBERG IMPROVEMENT ASSOCIATION shall'be _:.
responsible for the additional amount through their own funds or a loan from the U.S. Department
of Agriculture, Rural Development Agency or other lender. Any change in scope must receive
approval from the Colorado Department of Local Affairs.
•
Weld County will not enter into any contract or change order for this project that exceeds-the
$648,000 grant amount without WATTENBERG IMPROVEMENT ASSOCIATION's approval,
and WATTENBERG IMPROVEMENT ASSOCIATION having shown-evidence of an arrangement
for the funding of any excess amount. - -
CONDITIONS OF OWNERSHIP AND DELIVERY OF PROPERTY: •
County shall grant ownership of the equipment, building, and any other items-purchased for this
project to WATTENBERG IMPROVEMENT ASSOCIATION upon delivery with the condition that
the equipment, building, and any other items be used to serve Weld County residents'living within
the Wattenberg community in the provision of-water services for ten years. Any equipment,
building, and any other,items purchased for this project not being used as specified above shall be
returned to Weld County immediately.
2015-[Document Number]
DISALLOWANCE OF FUNDS:
If reimbursement of the funds from the CDBG program for this project are disallowed for any
reason caused by the WATTENBERG IMPROVEMENT ASSOCIATION, the WATTENBERG
IMPROVEMENT ASSOCIATION shall reimburse the County for the disallowed amount.
ACCOUNTING:
County shall establish and maintain a separate set of accounts for the purchase of the equipment,
building, and any other items purchased for the project to assure that the program funds are
expended and accour�ted for in a manner consistent with this agreement and the State Law of
Colorado and the Department of Housing and Urban Development's federal requirements.
NO WARRANTY:
Through this Memorandum of Understanding and through its purchase of the equipment, building,
and any other items for the project contemplated herein, County does not provide or promise to
WATTENBERG IMPROVEMENT ASSOCIATION or its community members services any
warranty with respect to the labor and materials used in the finished equipment, building, and any
other items purchased, and the fitness and suitability of the equipment, building, and any other
items purchased for the purpose for which it is made.
Dated this�day of September, 2015.
ATTES : �"@'�'�� G' ��� BOARD OF COUNTY COMMISSIONERS
Weld o y Clerk to e Board WELD COUNTY, OLORADO
, �
BY: �i ,
Deputy lerk to the B d � arbara Kirkm yer, Chai �EP 1 � ZG15
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SUBSCRIBED AND SWORN TO before me this �— day of ��, 2015.
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2015 ',o�� g$'
RE: MEMORANDUM OF UNDERSTANDING -WATTENBERG IMPROVEMENT
ASSOCIATION
ATTEST: ��'Q�'�+�/ti/ � `'aC•L'��� BOARD OF COUNTY COMMISSIONERS
Weld �anty Clerk to th Board WELD COUNTY, C LORADO
BY: 1 c�
Deputy erk to the Board arbara Kirkmey r, Chair �`� � � 2G�5
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APPROVED AS TO FUN G� AP ROV D S T S BSTANCE:
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Controller � Elected Official or Department Head
APPROVED AS TO FO M: �� I� I �
/� - - » Director of eneral Services
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County Attorney
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