HomeMy WebLinkAbout20151629.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING - NORTHEAST COLORADO
ASSOCIATION OF LOCAL GOVERNMENTS (NECALG) 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, Northeast Colorado Association of Local Governments (NECALG) has
contracted with Mid-State Consultants, Inc. to assist NECALG staff in the development of a
Regional Strategic Plan for Broadband for a six county area, which consists of Logan, Morgan,
Phillips, Sedgwick, Washington and Yuma counties.
WHEREAS, the Colorado Department of Local Affairs, hereinafter DOLA, will be
providing financial supported for this project in part by an Energy and Mineral Impact Assistance
Fund (EIAF) grant awarded to NECALG, and
WHEREAS, Weld County, hereinafter the County has requested to participate in the
development of a Regional Strategic Plan for Broadband for the six county area, which consists
of Logan, Morgan, Phillips, Sedgwick, Washington and Yuma counties by including portions of
Weld County east of US 85; including the 85 corridor communities (except the Greeley-Evans
metropolitan area), and the corporate boundaries of the municipalities of Severance and
Milliken, and
WHEREAS, Mid-State Consultants have agreed to a change order to their contract in
the amount of $4,970, to include portions of eastern Weld County in the development of a
Regional Strategic Plan for Broadband, and,
WHEREAS, Weld County agrees to contributing $2,800 towards the cost of the change
order and the Colorado Department of Local Affairs agrees to contribute $2,170 to cover the full
cost of$4,970 of the change order.
WHEREAS, the contract period shall commence upon full execution of signatures and
end on September 30, 2015, and
WHEREAS, the Board of County Commissioners deems it advisable, and in the best
interest of Weld County, to approve said agreement.
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2015-1629
FI0061
RE: MEMORANDUM OF UNDERSTANDING-NORTHEAST COLORADO ASSOCIATION OF
LOCAL GOVERNMENTS (NECALG)
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Memorandum of Understanding between Weld County,
Colorado, and Northeast Colorado Association of Local Governments is hereby 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
Memorandum of Understanding
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
ATTEST: Batt N/ jes4
rbara Kirkmeyer, C air
Weld County Clerk to the Board
C Mike Freeman, Pr -Tem
BY. epR Clerk
�• � .��1'
Dep t �Clerk to the Boar
Sean P. Conway
lie Coza•
Co ttomey
teven Moreno
2015-1629
FI0061
MEMORANDUM OF UNDERSTANDING (MOU)
Between
Northeast Colorado Association of Local Governments (NECALG) and County of Weld
WHEREAS, Northeast Colorado Association of Local Governments (NECALG) has contracted
with Mid-State Consultants, Inc. to assist NECALG staff in the development of a Regional
Strategic Plan for Broadband for a six county area, which consists of Logan, Morgan, Phillips,
Sedgwick, Washington and Yuma counties.
WHEREAS, the Colorado Department of Local Affairs, hereinafter DOLA, will be providing
financial supported for this project in part by an Energy and Mineral Impact Assistance Fund
(EIAF) grant awarded to NECALG, and
WHEREAS, Weld County, hereinafter the County has requested to participate in the
development of a Regional Strategic Plan for Broadband for the six county area, which consists
of Logan, Morgan, Phillips, Sedgwick, Washington and Yuma counties by including portions of
Weld County east of US 85; including the 85 corridor communities (except the Greeley-Evans
metropolitan area), and the corporate boundaries of the municipalities of Severance and
Milliken, and
WHEREAS, Mid-State Consultants have agreed to a change order to their contract in the
amount of $4,970, to include portions of eastern Weld County in the development of a Regional
Strategic Plan for Broadband, and,
WHEREAS, Weld County agrees to contributing $2,800 towards the cost of the change order
and the Colorado Department of Local Affairs agrees to contribute $2,170 to cover the full cost
of$4,970 of the change order.
NOW, THEREFORE, it is hereby agreed that:
I. SCOPE OF WORK
The scope of work shall be as provided in the Agreement between NECALG and Mid-State
Consultants, Inc. in the development of a Regional Strategic Plan for Broadband for a six county
area, which consists of Logan, Morgan, Phillips, Sedgwick, Washington and Yuma counties,
with an amendment to include portion of Weld County east of US 85; including the 85 corridor
communities (except the Greeley-Evans metropolitan area), and the corporate boundaries of the
municipalities of Severance and Milliken.
II. COST ESTIMATE
Weld County shall pay $2,800 of the $4,970 change order and DOLA shall pay $2,170.
III. PAYMENT
NECALG shall bill Weld County and Weld County shall pay within 30 days the amount of
$2,800. Invoices will be sent to the following:
Barb Connolly, Controller, 2015-1629(0
1150 O Street, P.O. Box 758,
Greeley, CO 80632 Phone: 970-356-4000 ext. 4445
IV. RESPONSIBILITIES
The Executive Director of NECALG will monitor the Project on behalf of participating entities.
V. PERIOD OF PERFORMANCE
This MOU will be deemed valid by the authorized signatures and it is anticipated that work can
begin when fully executed and completed by September 30, 2015.
VI. NOTICE
All notices required or permitted under this MOU shall be in writing and shall be deemed
delivered in person or deposited in the United States mail, postage prepaid, addressed as
follows:
If to NECALG: H.J. Greenwood
Executive Director, NECALG
231 Main Street#211
Fort Morgan, Colorado 80701
If to County: Clerk to the Board
1150 O Street, P.O. Box 758,
Greeley, CO 80632
Phone: 970-356-4000 ext. 4226
VII. ENTIRE AGREEMENT
This MOU contains the entire agreement between the parties and there are no other promises
or conditions in any other agreement whether written or oral. This MOU supersedes any prior
written or oral agreements between the parties.
VIII. AMENDMENT
The MOU may be modified or amended if the amendment is made in writing and is signed by
both parties.
IX. TERMINATION
Each party has the right to terminate this Agreement, with or without cause, upon thirty (30)
days written notice. The Agreement may be terminated at any time without notice upon a
material breach
X. INDEMNITY
To the extent permitted by law, each party agrees to indemnify, defend, and hold the other, its
officers, employees, and agents, harmless from and against any and all claims, suits, expenses,
damages, or any injury to persons, entities, or property arising from any and all acts, omissions,
or failure to act during the provision of services by the County pursuant to this Agreement.
XI. SEVERABILITY
If any provision of this MOU shall be held to be invalid or unenforceable for any reason, the
remaining provisions shall continue to be valid and enforceable. If a court finds that any
provision of this Agreement is invalid or unenforceable, but that by limiting such provision it
would become valid and enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.
XII.Governmental Immunity
No portion of this Agreement shall be deemed a waiver, express or implied, of any immunities,
rights, benefits, protections, or other provisions which a party, or its officers, employees, or
agents, may possess pursuant to the Colorado Governmental Immunity Act § 24-10-101, et
seq., C.R.S., as applicable now or hereafter amended.
XIII. Applicable Law
Colorado law, and rules and regulations shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules and/or regulations shall be null and void. The proper venue
for any action regarding this agreement shall be Weld County. All parties agree to comply with
any applicable federal, state, or local laws, rules, and regulations.
XIV. Independent Agencies
Nothing in this Agreement shall be construed to make the parties partners, agents or employees
of the other. The relationship between the parties is intended to be that of independent
contractors and this Agreement shall be construed to fulfill that intent.
IN WITNESS THEREOF, the parties hereto have executed this Memorandum of Understanding
on 8th day of June, 2015.
NORTHEAST COLORADO ASSOCIATION
OF LOCAL GOVE ENTS
wood, Director, Northeast Colorado
As iation of Local Governments Board of Directors
ATTES : C1 ' BOARD OF COUNTY COMMISSIONERS
Weld ' o . Clerk to the :•ard WELD COUNTY LORADO ,
BY:
Deputy Cl rk to the =;f • ,-arbara Kirkme er, Chair J N 0 8 2015
A OVED AS Tylp F PPROVED AS TO SUBSTANCE:
ICIAa4a4 /Controller ":=1�` Elected S�'''cia epa nt Head
APPR• — I A
Director of General Services
I
C•un �,�•{''
Rafaela Martinez
From: Karla Ford
Sent: Monday, June 01, 2015 4:50 PM
To: Don Warden
Cc: CTB
Subject: RE: Agenda Item
Thanks!
From: Don Warden
Sent: Monday, June 01, 2015 4:16 PM
To: Karla Ford
Subject: Agenda Item
Karla,
Will put this MOU on the Monday, June 8th BOCC agenda for me. I will be there to present it.
Thanks!
Donald D. Warden
Director of Finance and Administration
Finance and Administration
PO Box 758
1150 0 Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email: dwardenthco.weld.co.us
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