HomeMy WebLinkAbout20223426.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND UPSTATE COLORADO ECONOMIC DEVELOPMENT AS A
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
$150,000.00 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, 2023, through December 31,
2023, and
WHEREAS, the Board of County Commissioners deems it advisable and in the best
interest of Weld County to approve said agreement.
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 of the Board of County
Commissioners of Weld County, Colorado, be, and hereby is, authorized to sign said agreement.
CC: Fi(RR/cP/3'v), ACT(cD/KD),CT6 (E&)
17./24/22
2022-3426
FI0077
MEMORANDUM OF AGREEMENT - UPSTATE COLORADO ECONOMIC DEVELOPMENT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of December, A.D., 2022.
ATTEST: dithio W ;6k,
Weld County Clerk to the Board
County Attorney
Date of signature: (✓2/27/22.
BOARD OF COUNTY COMMISSIONERS i_WE D COUNTY, COLORADO
ott K. James, Chair
;P -A ---
Mike Freeman, Pro-Tem
eve Moreno
Lori Saine
2022-3426
F10077
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 12th day of December, 2022, 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 $150,000.00 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, 2023, through
December 31, 2023, 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, 2023.
3. COMPENSATION: "Weld" agrees to pay "Contractor" for services performed
hereunder at a rate of $37,500.00 per quarter. The total amount paid by "Weld" to
"Contractor" under this Agreement shall not exceed the sum of $150,000.00.
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.
2022-3426
MEMORANDUM OF AGREEMENT - UPSTATE COLORADO ECONOMIC DEVELOPMENT
PAGE 2
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.
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.
MEMORANDUM OF AGREEMENT - UPSTATE COLORADO ECONOMIC DEVELOPMENT
PAGE 3
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".
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
12th day of December, A.D., 2022.
ATTEST* �..4 % '°'didt." BOAR OF COUNTY COMMISSIONERS
Weld • u t Clerk to the B. : rd �.�� WELC OUNTY, COLORADO
BY:
Deputy CI
APPROVED AS TO FUN
Chief Fina ial
A VED A RM:
evAA:my
County Attorney
BY:
ott K. James, Chair
DEC 1 2 2022
7)O,?IJ�S-T� NCE:
Elected Official or Department Head
UPSTATE COLORADO ECONOMIC
DEVELOPMENT
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