Laserfiche WebLink
CONCLUSION <br />The Planning Staff acknowledges the legal concerns of the <br />Attorney's Office. However, the attorney's also concede that <br />similar language has been incorporated in all other contracts <br />between the county and the state. Therefore, staff feels that <br />there is no reason for the County to delay executing the document <br />as presented. Further delays could affect the timing of the <br />proposed work activities and could result in forfeiture of the <br />funds due to lack of action by the county. Also, if survey <br />activities are delayed too long, the information may not be <br />available in time for inclusion in the county's revised <br />Comprehensive Plan. <br />RECOMMENDATION <br />Staff recommends that the Board of County Commissioners approve <br />the grant-in-aid agreement, authorize the Director of the <br />Community Development Department to execute the attached grant <br />agreement as presented, and authorize staff to proceed with <br />obtaining consultant services to be funded by the grant money. <br />MOTION WAS MADE by Commissioner Eggert, SECONDED by <br />Commissioner Bird, to authorize the Community Develop- <br />ment Director to execute the grant agreement as pre- <br />sented and authorize staff to proceed with obtaining <br />consultant services to be funded by the grant money. <br />Acting Administrator Collins expressed some concern that <br />this contract doesn't really pin the state down to much of <br />anything. It says any work performed or expense incurred is <br />undertaken at the sole risk of the grantee. The state tells him <br />they do that because they don't want to incur any liability to <br />the third party we contract with, but as an attorney, he did not <br />feel comfortable with that language. However, the assurance we <br />have is that the funds have been appropriated, and the only way <br />they would be eliminated would be if the Legislature called a <br />Special Session and line item deleted that appropriation out of <br />the budget. <br />Commissioner Eggert questioned if we ever make contracts <br />based on our ability to get the appropriation from the state, and <br />after further discussion as to making the Motion contingent on <br />funding, it was agreed we do not have that ability. <br />5EP 6 kW88 87 NOOK 74 FAf,E 87 <br />