HomeMy WebLinkAbout940924.tiff RESOLUTION
RE: APPROVE CONTRACT AND ADDENDUM I TO CONTRACT WITH ROCKY MOUNTAIN PRODUCE
LLC AND COLORADO GREENHOUSE LLC AND AUTHORIZE CHAIRMAN 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, the Board has been presented with a Contract and Addendum I to
Contract by and between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Rocky Mountain Produce LLC and
Colorado Greenhouse LLC, for improvements to Weld County Road 16 between U.S.
Highway 85 and Weld County Road 31, with further terms and conditions being as
stated in said contract and addendum, and
WHEREAS, after review, the Board deems it advisable to approve said
contract and addendum, copies of which are attached hereto and incorporated
herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Contract and Addendum I to Contract by and between the
County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Rocky Mountain Produce LLC and Colorado
Greenhouse LLC be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said contract and addendum.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 26th day of September, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
44114e0/4417ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board 1/'. / tpLiz;
. H. Webster, Chai an
BY: %AJJ �� /C
Deputy lerk to the Board Dale . Hall, ro- e
APPROVED AS TO FORM:
Z2:1L
County Attorn y, L. Harbert ��`�)
Barbs Kirkm�yer �Gd
940924
PICOig ea 44 Fl; RMP,,LLL
CONTRACT'
T
THIS CONTRACT, made this �Qj day of August, 1994, by and between the
Rocky Mountain Produce LLC and Colorado Greenhouse LLC, hereinafter referred to
as the Firm, and the County of Weld, State of Colorado, hereinafter referred to
as the County.
WHEREAS, County has received a Community Development Block Grant (CDBG) in
the amount of $99,000 for a project that consists of assisting with public
infrastructure improvements in support of Rocky Mountain Produce LLC and Colorado
Greenhouse LLC (the Firm) , a greenhouse operating with heat produced by an
adjacent power plant. The Firm has committed to expand its operation in Weld
County, Colorado. The purpose of the project is to encourage economic
diversification and job creation which addresses the CDBG program objective of
benefit to low- and moderate-income persons in Weld County.
WHEREAS, The CDBG grant shall assist with the following infrastructure
improvements:
Reconstruction of Weld County Road 16 between U.S. Highway 85 and
Weld County Road 31. A 2" hot-layed asphaltic concrete wearing course
will be applied to improve the surface condition and right quality of the
existing roadway. The length of the project is 1.5 miles. Gravel
shoulders will be re-established by applying additional crushed aggregate.
NOW, THEREFORE, IT IS HEREBY AGREED THAT:
A. The Firm commits to create a minimum of eleven (11) new, full-
time jobs within one (1) year of the initial disbursement of CDBG funds.
At least fifty-one percent (51%) of the new, full-time jobs created by the
Firm shall be held by low-to-moderate income persons. In the event more
than eleven (11) permanent jobs are created, Firm shall ensure that at
least fifty-one percent (51%) of all jobs created (as a result of CDBG
funds) are provided to low and moderate income persons.
B. The Firm shall make every effort to maintain a level of
operation that will support such levels of full employment, hereinafter
determined to be at least eighty-five (85) full-time positions (inclusive
of existing jobs and new jobs required per this Contract) .
C. The Firm shall allow County and CDBG program representatives to
make on-site visits to verify CDBG program information if reasonable
notice has been provided by County.
940924
CONTRACT - ROCKY MOUNTAIN PRODUCE LLC
PAGE 2
D. The Firm expressly acknowledges that such infrastructure
improvements would not have been undertaken but for the Firm's contractual
commitment to perform all of the Firm's obligations thereunder. The Firm
agrees to expand its operations located in Weld County, Colorado, upon
timely completion of regulatory and legal aspects and infrastructure
improvements required by the project but no later than one (1) year from
the initial disbursement of CDBG funds.
E. In the event a majority of the Firm shall be sold or
transferred, the Firm shall notify the Contractor and the Office of
Business Development in writing prior to the sale or transfer. At that
time, the Office of Business Development shall determine whether the
potential owner meets its criteria; if not, the below-mentioned
liquidation damages shall become due and owing at the time ownership is
transferred. Any approved purchase or transferee must expressly assume
the Firm's obligations pursuant to the Agreement with the Contractor.
The Firm agrees to repay Contractor for CDBG funds expended in
the event the Company does not fulfill its responsibilities under the
Agreement. The Firm agrees that, at the time of such occurrence, the Firm
shall be obligated to pay to the Contractor as liquidated damages a sum
based upon the percentage of the Firm's performance deficiency multiplied
by the $99,000 of CDBG funds, but shall not exceed $99,000. The Firm
agrees that the above formula for liquidated damages is a reasonable basis
upon which to estimate the actual damages resulting from the Firm's
failure to perform in accordance with the terms of the contract. If any
other business(es) utilize the CDBG improvements funded under this
Contract, the Agreement may be revised to reflect the Firm's pro-rata
share of liquidation damages provided that any new business(es) agrees in
writing to be responsible for its pro-rata share.
Any funds from liquidated damages shall be appropriated to the
Contractor to be applied toward other economic development efforts.
F. The Firm shall create the following full-time equivalent (FTE)
permanent jobs:
Job Title Ik FTE's Rate of Pay Date of Hire
Sales/Administrative 1 High 9/94
Packing Worker 5 Low/Moderate 9/94
Greenhouse Worker 5 Low/Moderate 9/94
G. The Sales/Administrative position can only be filled by persons
with substantial training, work experience or education beyond high
school. The Firm agrees to hire low- or moderate-income persons for the
other ten positions and train as necessary.
940924
CONTRACT - ROCKY MOUNTAIN PRODUCE LLC
PAGE 3
H. Firm agrees to hire the above eleven positions by
September 30, 1994.
I. Firm agrees to maintain written records and to provide the
necessary reporting regarding the documentation of low- and moderate-
income benefit and beneficiaries by race, ethnicity, gender, and handicap
status in the same manner and to the same extent as the State of Colorado
requires of the County.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
date first above written.
CONTRACTOR: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ROCKY MOUNTAIN PRODUCE LLC and �( �I / } /�
COLORADO GREENHOUSE LLC BY: / 10,
W. H.. Webster, Chai an qAdeiii
BY: dot-Mr ATTEST: �G��.
ITS: CONJRet/s1 Weld County Clerk to the Board
�
SUBSCRIBED AND SWORN TO before me BY:
this CFO day of August, 1994. Deputy Jerk to the Board
pcotZ 472 ..dida,
Notary Public
My Commission expires: . 0.2077
940924
ADDENDUM I
TO
CONTRACT
THIS ADDENDUM I TO CONTRACT, made this day of August, 1994, by
and between the Rocky Mountain Produce LLC and Colorado Greenhouse LLC,
hereinafter referred to as the Firm, and the County of Weld, State of
Colorado, hereinafter referred to as the County.
WHEREAS, Firm and County entered into a contract on August , 1994,
for the purpose of a Community Development Block Grant (CDBG) project that
consists of assisting with public infrastructure improvements in support of
Rocky Mountain Produce LLC and Colorado Greenhouse LLC (the Firm), a
greenhouse operating with heat produced by an adjacent power plant. The Firm
has committed to expand its operation in Weld County, Colorado. The purpose
of the project is to encourage economic diversification and job creation which
addresses the CDBG program objective of benefit to low- and moderate-income
persons in Weld County.
WHEREAS, The CDBG grant shall assist with the following infrastructure
improvements:
Reconstruction of Weld County Road 16 between U.S. Highway
85 and Weld County Road 31. A 2" hot-layed asphaltic concrete
wearing course will be applied to improve the surface condition
and right quality of the existing roadway. The length of the
project is 1.5 miles. Gravel shoulders will be re-established by
applying additional crushed aggregate.
NOW, THEREFORE, IT IS HEREBY AGREED THAT:
The County shall agree to indemnify and hold Firm harmless for any
financial liabilities, payments, or liquidated damages required under the
contract.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum I to
Contract on the date first above written.
CONTRACTOR: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ROCKY MOUNTAIN PRODUCE LLC
COLORADO GREENHOUSE LLC BY:
W. ST , , CC
BY: C� a� n_ ATTEST: e�9
ITS: CONrfaztc► Weld Co my Clerk to the Board
SUBSCRIBED AND SWORN TO before me BY: k-- Qa^.
this Jo day of August, 1994. epu ylerk to the Board
/72
Notary Pub il'c
My Commission expires: .007;7
940924
Hello