HomeMy WebLinkAbout20202164.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND UNITED WAY OF WELD COUNTY AS A RECIPIENT OF CARES
ACT 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 United
Way of Weld County as a recipient of CARES Act 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, United Way of Weld County has been awarded the sum of $75,000.00 from
CARES Act monies, which monies are for the purpose of providing 2-1-1 Information and Referral
services to Weld County citizens impacted by COVID-19, and
WHEREAS, the contract period shall be from August 1, 2020, through December 30,
2020, 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
United Way of Weld County as a recipient of CARES Act 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: ICT(ac/co) F1-(Du/So)
07/3x/20
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MEMORANDUM OF AGREEMENT FOR RECIPIENT OF CARES ACT MONIES — UNITED
WAY OF WELD COUNTY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of July, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: t je114:ei
Weld County Clerk to the Board
BY:
Mike Freeman, Chair
Stev1C,Moreno, Pro-Tem
James
AP '�� DAS, =�l17 �,+�,,_ �\ XCUSED
Kevin D. Ross
arbar
County A torney
Date of signature: O7/24/2O
2020-2164
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 20th day of July, 2020, by and
between Weld County, hereinafter referred to as "Weld" and United Way of Weld County,
hereinafter referred to as "Contractor", the parties agree as follows:
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has awarded
United Way of Weld County a sum of $75,000.00 of CARES Act monies to assist citizens impacted
by COVID 19, 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 2-1-1 Information and Referral services to Weld County citizens impacted
by COVID 19, and
WHEREAS, to implement these goals, the parties desire to establish an agreement for
the use of CARES Act monies for the purpose of providing 2-1-1 Information and Referral
programs to citizens impacted by COVID 19.
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 CARES
Act monies by United Way of Weld County.
2. CONTRACT PERIOD will be from August 1, 2020, through December 30, 2020.
3. COMPENSATION: Weld agrees to pay Contractor a one-time grant of $75,000.00.
4. The total amount paid by Weld to Contractor under this Agreement shall not
exceed the sum of $75,000.00.
5. Contractor assures that as a recipient of CARES Act monies, it is fully aware of the
restrictions and requirements of the regulations and applicable Federal, State and
local law provisions.
6. Contractor assures that as a recipient of CARES Act 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 Federal, State and local law.
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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
employee 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 (2) years
after final payment hereunder.
13. Weld may terminate this agreement at any time by giving Contractor a ten-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 C.R.S. §8-17.5-101,
et seq., 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
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MEMORANDUM OF AGREEMENT - UNITED WAY OF WELD COUNTY
PAGE 3
made in the course of an investigation under C.R.S. §8-17.5-102, by the Colorado
Department of Labor and Employment. If Contractor fails to comply with any
requirement of this provision or C.R.S. §8-17.5-101, et seq., 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 C.R.S. §24-76.5-
103(3), 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 C.R.S. §24-76.5-103(4), 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 C.R.S. §24-76.5-101, et seq., and (c) shall produce one
of the forms of identification required by C.R.S. §24-76.5-103, prior to the effective
date of this Contract.
IN WITNESS WHEREOF, the parties above named have executed this agreement on the
20th day of July, A.D., 2020.
ATTEST•
Weld
B
eputy CIk to the Bo
BOARD OF COUNTY COMMISSIONERS
and WELD COUNTY, COLORADO
APPROVED AS TO FUNDING:
Controller
AP
my Attorney
Mike Freeman, Chair
APP
VED
JUL 2 0 2020
BSTANCE:
Elected Official or Department Head
ITE' AY OF W. Lb .COUNTY
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