HomeMy WebLinkAbout20203674.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
FOR THE ADMINISTRATION OF THE WELD COUNTY SERVICE INDUSTRY RELIEF
FUND 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 for the Administration of the Weld County Service Industry Relief Fund 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, the Board of County Commissioners of Weld County, Colorado, and Upstate
Colorado Economic Development are desirous of formalizing an agreement for the express
purpose of providing financial assistance to eligible public -facing businesses located in Weld
County that have been categorized as "high -risk" and mandated to close or substantially reduce
services in response to guidelines issued by the Colorado Department of Public Health and
Environment effective November 20, 2020, in response to the COVID-19 Pandemic, and
WHEREAS, Upstate Colorado Economic Development has been awarded the sum of
$2,000,000.00 from the Economic Development Trust Fund, which monies are for the purpose of
administration of the Weld County Service Industry Relief Fund, and
WHEREAS, the contract period shall be from December 15, 2020, through August 31,
2021, 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 for the Administration of the Weld County Service Industry Relief Fund, 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.
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2020-3674
F10073
RESOLUTION - 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 14th day of December, A.D., 2020.
ATTEST: do:4A) Xl;11
Weld County Clerk to the Board
BY:
APP
unty orney �T
Date of signature: I2fi7/2
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
31U -
Mike Freeman, Chair
Stev Mop no, Pro-Tem
t . James
Kevin D. Ross
2020-3674
F10073
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 14th day of December, 2020, 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 $2,000,000.00 from the Economic
Development Trust Fund to administration of the Weld County Service Industry Relief Fund, 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 providing financial assistance to eligible public -facing businesses located in Weld
County that have been categorized as "high -risk" and mandated to close or substantially reduce
services in response to guidelines issued by the Colorado Department of Public Health and
Environment effective November 20, 2020 in response to the COVID-19 pandemic, 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
administration of the Weld County Service Industry Relief Fund as fully described on the attached
Exhibit A, copy of which is attached hereto and incorporated herein by reference.
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 December 15, 2020, through
August 31, 2021, with a 30 -day termination notice.
3. COMPENSATION: "Weld" agrees to pay "Contractor" on a full cost
reimbursement basis of the grants paid to businesses and administrative costs
incurred to administer the Weld County Service Industry Relief Fund as fully
described in the attached Exhibit A. The total amount paid by "Weld" to
"Contractor" under this Agreement shall not exceed the sum of $2,000,000.00.
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 administer the Weld County Service Industry Relief Fund
on behalf of Weld County.
2020-3674
FI0073
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.
FI0073
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
14th day of December, A.D., 2020.
ATTEST.j„kJ
Weld • u Cle to th
BY:
Deputy C
APPROVED AS T FU DING: ��.;,;,.�� APP OVED AS TO SUBSTANCE:
�
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ke Freeman, Chair
DEC 1 +2020
Controller
APPROVED AS TO FORM:
County Attorney
Elected oral or e a int Head
UPSTATE COLORADO ECONOMIC
DEVEL PMENT
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BY: o2o,sb-36.%if
FI0073
IPSTATECOLORADO
ECONOMIC DEVELOPMENT
EXHIBIT A
Weld County Service Industry Relief Fund
Supporting local "high-rise's businesses mandated to close or significantly
'imit services duhng the COVID-19 crisis
Guiding Principles for Business Assistance
The Weld County Service Industry Relief Fund seeks to provide financial assistance to eligible public -facing
businesses located in Weld County that have been categorized as "high -risk" and mandated to close or
substantially reduce services in response to guidelines issued by the Colorado Department of Public Health and
Environment effective 11/20/20. In response to the most recent needs resulting from the COVID-19 pandemic,
the initiative desires to meet the urgent needs of Weld County small businesses directly impacted by COVID-19 in
the following industries: Restaurants, bars and other food and beverage service providers; live event venues;
movie theaters; gyms and fitness centers; bowling centers, arcades, and other recreation facilities.
The initiative is intended to distribute approximately $2 million in Weld County support to eligible businesses in
Weld County. Financial assistance will be ;provided on a need -based priority basis for all qualified applicants.
Depending on the businesses financial need,. assistance is available up to a maximum $10,000 for public
transactional businesses with a defined closure or limitations due to capacity restrictions.
o Business must have 3+ employees
o Show loss of revenue and/or COVID related expenses in the time period of 11/01/2020 -01/30/2021
Grant Aoolication
Businesses that applied for previous federal and/or local Economic Relief Loans and/or Grant Programs may also
apply for this. program. However, grant funds may not be used for any eligible expense that were previously
funded or will be funded by another state.or federal grant program, including but not limited to, Weld County
Business Recovery Program, rounds 1 and 2. Applicants must acknowledge all other funding received and how
that funding is being used.
The Weld County Service Industry Relief Fund will be provided on a reimbursement basis with appropriate
documentation (application & supporting documentation). Applications will be reviewed and approved on a first
come, first served basis. Applications'will be evaluated based on completion of application, priority analysis,
review of financial position and the ability of a business to leverage these funds most effectively through the
recovery effort to achieve long term success.
An Application Review Committee will determine eligibility and grant amount. Awards will depend upon the
number of applicants, availability of funds, and demonstrated need. Once funding decisions are made, applicants
will receive a Grant Award notification which will outline all terms and conditions of receiving the grant.
Applications will be reviewed on a rotating basis through 01/30/21; grant recipients will be notified of grant
awards on a biweekly basis.
Link to Weld Recovers Website; Link to Online Grant Application
1
Upstate Colorado Economic Development
Eligible Businesses:
The Weld County Service Industry Relief Fund will assist eligible small businesses that have been identified as
"high -risk" and mandated to close or restrict their operations following guidance from the Colorado Department
of Public Health and Environment. Priority consideration will be given to:
o Restaurants, bars and other food and beverage service providers
o Gyms and fitness centers
o Live event venues and movie theaters
o Entertainment including bowling centers, arcades, and recreation facilities
o Other public facing business may apply for consideration under special circumstances (see below)
Ineligible Businesses Include:
o Corporately owned national chains, unless you are an individually owned franchise operator
Eligible Businesses:
To qualify for grant support, ousinesses must meet eligibility criteria including but not limited to:
o Must be physically located in Weld County and NOT a home -based business
o Business sector must be included in one of the targeted industries listed above
o Business must be public facing and mandated to close or significantly restrict operations due to COVID-19
guidelines issued on 11/20/20
o Must be established prior to February 1, 2020
o Must be registered and in good standing with the Colorado Secretary of State
o Must be a for-profit entity (i.e., partnership, corporation, or LLC)
o Must have at least 3 employees (including the owner)
o Must meet one of the following requirements:
o 50% of the business owned by Weld County resident
o 50% of the gross receipts originate in Weld
o 50% of employees are Weld County residents
o Must be able to demonstrate solvency (positive equity and net income) prior to February 01, 2020
o Must be able to demonstrate financial stress, disrupted operations, or lost revenues as well as outstanding
costs associated directly with impacts of COVID-19. See below partial list of eligible purposes.
Grant Eligiole Purposes
Funding may be used for the following purposes if costs have not already oeen reimbursed from other programs:
o Unique Costs for maintaining or training the current workforce on COVID-19 procedures.
o Lost Revenue due to COVID, as compared to the previous year
o Rent/mortgage payment assistance during the period a business was closed
o Company utilities the period a business was closed
o Hardware & Software for improved safety of customer transaction process
o Payroll paid to employees during the business closure
o Repayment of loans related to COVID-19 business survival (Debt Prior to Varch 1, 2020 not eligible)
o Other COVID-19 related costs not already reimbursed by other business assistance grant programs.
2
Upstate Colorado Economic Development
o Funds for websites and applications that accommodate curb -side pickup, delivery, contactless
reservations, payments and menus; additional marketing efforts; takeout containers; outdoor tables,
chairs, tents, railings and more to accommodate outdoor seating; and disposable menu printing, single -
use condiments and other items required to comply with new state restaurant guidelines
Spacial Circumstances:
All applications will be reviewed on a case -by -case basis. If you have any eligibility questions, please contact
Upstate Colorado, (970) 356-4565 Recovery@UpstateColorado.org
Frequently As ccc Questions
r
What is the application process?
• All applications will be completed online. APPLY HERE by January 30, 2021.
• Applications will be collected through January 30th with anticipated disbursement of funds on a biweekly basis
beginning on 12/15/20.
• Awards will depend upon the number of applicants, availability of funds, and demonstrated need.
• You will be notified via email if you have been approved for the grant.
How long will it take to review my application?
Our review committee will meet regularly to review applications and once approved, will distribute funds by on a
biweekly basis beginning on 12/15/20.
What documentation do I need to provide?
• Completed Weld County Service Industry application (Link)
• Receipts/invoices/proof of payment for eligible expenditures
• Profit and loss statements showing 2019 in comparison to 2020 to verify lost revenue
• List of additional assistance awards by other Government Relief Programs (EX: SBA Disaster Loan, PPP
Grant/Loan, EIDL Loan, Weld County Business Recovery Program, Greeley Recovers Grant, etc.)
• W-9 Form; Taxpayer Identification Number
What happens if I don't have all the required documentation on the application?
If you do not have this documentation, your application cannot be submitted or processed. If you need help
navigating this process, please direct your questions to Recovery@Upstatecolorado.org. Financial information
and documentation should not be submitted outside the secure application on the website.
Is this website safe and secure to submit my information on?
The data on this website is encrypted, and two -factor authentication is enabled. This site leverages https/ssl and
AES 256 encryption to safeguard and protect your data in transit and while stored.
How do I know my application was submitted?
Once you submit your application, you will be taken to a "Confirmation Page". If you are not taken to a
confirmation page, please review your application as there may be errors noted.
3
Upstate Colorado Economic Development
What is the level of confidentiality in this process?
Administration and evaluation will remain strictly confidential and employees and fund administrators operate
under confidentiality agreements. Your application and its contents are also completely secured and confidential
for both you as the applicant and for the evaluating committee.
What if I'm not sure my business qualifies for the grant program or I have questions?
Review application criteria and if you still have questions, contact Upstate Colorado Economic Development, 970-
356-4565. You can also direct questions to Recovery@Upstatecolorado.org
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