HomeMy WebLinkAbout20253392 Resolution
Approve Memorandum of Agreement Between Weld County, Colorado, and Upstate
Colorado Economic Development as Recipient of Weld County Economic
Development Trust 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 Economic Development
Trust 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
$200,000.00 from the Economic Development Trust Fund, 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 , 2026, through December 31, 2026,
and
Whereas, after review, the Board deems it advisable to approve said agreement, 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 Agreement between Weld County, Colorado, and
Upstate Colorado Economic Development as a recipient of Weld County Economic
Development Trust Fund monies, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 10th day of December, A.D., 2025:
[Insert Resolution Attestation Block Post Meeting]
2025-3392
F10083
Memorandum Of Agreement
This Agreement, made and entered into on this, the 10th day of December
2025, 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 $200,000.00
from the Economic Development Trust Fund 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 Economic Development Trust 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 Economic Development Trust Fund monies by
Upstate Colorado Economic Development.
2. Contract Period will be month to month from January 1 , 2026,
through December 31 , 2026, 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, 2026.
2025-3392
Memorandum of Agreement - Upstate Colorado Economic Development
Page 2
3. Compensation: "Weld" agrees to pay "Contractor" for services
performed hereunder at a rate of $50,000.00 per quarter. The total
amount paid by "Weld" to "Contractor" under this Agreement shall
not exceed the sum of $200,000.00.
4. "Contractor" assures that as a recipient of Economic Development
Trust 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 Weld County Economic
Development Trust Fund monies; it will spend the funds in
accordance with the same laws and procedures that govern the
expenditure of its own funds.
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.
Memorandum of Agreement- Upstate Colorado Economic Development
Page 3
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 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".
Memorandum of Agreement - Upstate Colorado Economic Development
Page 4
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 10th�/day of December, A.D., 2025.
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Attest: •Wa n.l Board Of County Commissioners
Weld ounty Clerk to the Board Weld County, Colorado
By: III��i[/..L._..L�/_� I)/ r► -�`.�� i
Deputy Clerk to the ►•are h EL rry L. ck, Chair DEC 1 0 2025
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