HomeMy WebLinkAbout20202524.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND UPSTATE COLORADO ECONOMIC DEVELOPMENT 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 Upstate
Colorado Economic Development 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, Upstate Colorado Economic Development has been awarded the sum of
$1,173,593.00 of CARES Act monies for a business relief program and up to an additional
$50,000.00 of CARES Act monies for the purpose of administering a business relief program in
accordance with the CARES Act regulations and guidelines, and
WHEREAS, the contract period shall be from June 1, 2020, through December 30, 2020,
and
WHEREAS, the Board of County Commissioners deems it advisable, and in the best
interest of Weld County, to approve said agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Memorandum of Agreement between Weld County, Colorado, and
Upstate Colorado Economic Development as a recipient of CARES Act monies be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair of the Board of County
Commissioners of Weld County, Colorado, be, and hereby is, authorized to sign said agreement.
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MEMORANDUM OF AGREEMENT - UPSTATE COLORADO ECONOMIC DEVELOPMENT
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of August, A.D., 2020, nunc pro tunc to June 1, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: y...a,L)
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Mike Freeman, Chair
Stevroreno, ro-Tem
K. James
AP a 'VED AS XCUSED
County Attorney
Date of signature: 0$/29/0
arbara Kirkmeyer
Kevin D. Ross
2020-2524
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 17th day of August, 2020, nunc
pro tunc to June 1, 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 the sum of $1,173,593.00 of CARES Act monies for a
business relief program, and up to an additional $50,000.00 from the CARES Act monies, which
monies are for the purpose of administering a business relief program in accordance with the
CARES Act regulations and guidelines, and
WHEREAS, the County implements programs and services to businesses throughout
Weld County, and
WHEREAS, the "Contractor" provides services in Weld County to the businesses of Weld
County, and
WHEREAS, the parties hereto are desirous of formalizing an agreement for the express
purpose of providing a business relief program for Weld County businesses, 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 a business relief program.
NOW, THEREFORE, in consideration of the premises stated herein, the parties hereto
agree as follows:
1. The purpose of this Memorandum of Agreement is to establish an agreement for
the use of CARES Act monies by Upstate Colorado Economic Development.
2. CONTRACT PERIOD will be from June 1, 2020, through December 30, 2020.
3. COMPENSATION: "Weld" agrees to pay "Contractor" for services performed
hereunder at a rate of reimbursement of actual costs and administrative overhead.
The total amount paid by "Weld" to "Contractor" for administrative services under
this Agreement shall not exceed the sum of $50,000.00. The amount of
reimbursement for grants to businesses for business relief shall be actual dollars
paid to businesses under this Agreement and shall not exceed the sum of
$1,173,593.00
4. "Contractor" assures that as a recipient of CARES Act monies, it is fully aware of
the restrictions and requirements of the applicable CARES Act regulations and
guidelines, State and local law provisions.
5. "Contractor" agrees to perform business relief activities on behalf of Weld County
as determined by applicable CARES Act regulations and guidelines.
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.
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MEMORANDUM OF AGREEMENT - UPSTATE COLORADO ECONOMIC DEVELOPMENT
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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 applicable CARES Act regulations and guidelines, State and local
law provisions.
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 (2) years
after final payment hereunder.
13. "Weld" may terminate this agreement at any time by giving "Contractor" a
thirty (30) -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.
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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
Homeland Security, and (b) otherwise will comply with the requirements of
C.R.S. §8-17.5-102(2)(b). "Contractor" shall comply with all reasonable requests
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
17th day of August, A.D., 2020, nunc pro tunc to June 1, 2020.
ATTESTd„)
Weld County Clerk to the B
BY: a,Q,a.
Deputy Clerk to the Bo
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
Ike Freeman, Chair
.1ZOVED AS O F= aIN APP OV
Controller
APPROVED AS TO FORM:
County Attorney
BY:
AUG 17 2020
Elected Official or Department Head
=DO -
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