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20.12.15 PSA Wishes The Toy Store IncContract Archive Submittal Form A Avon C O L O R A D O All contracts must receive prior review and approval by the Town Attorney, INCLUDING all exhibits, attachments and scope of work. Check with the Town Attorney to verify the correct contract form to be used. Instructions Document Title: * 20.12.15 PSA Wishes The Toy Store Inc Upload Contract* PDF Only Contract Notification Recipients 1: Days: Advance E-mail Notification of 15 Expiration of Contract: Financial: Special Terms: Name: Email Address: 1.58MB Recipients Name:* Recipients Email Address: Elizabeth Wood ewood@avon.org Contract Budget Amount: Budget Line Item: $ 5,000.00 Exhibit 1 Certificate needed:* Council Action Required:* County Recording Required* Comments: Do have any additional Documents you would like to upload Phone Number:* 970-748-4087 List any special terms that are unusual and require review or another negotiating point prior to expiration. Attach Exhibit: PDF Only No No No Wishes.pdf Vendor / Other Party Name-.* Wishes The Toy Store Inc Contract Start Date: * 3/1/2020 Contract End Date: * 12/30/2020 Department: * Name: * Email Address:* 06pgrfl 6rwernment Elizabeth Wood ewood@avon.org responsible for the contract: Contract Notification Recipients 1: Days: Advance E-mail Notification of 15 Expiration of Contract: Financial: Special Terms: Name: Email Address: 1.58MB Recipients Name:* Recipients Email Address: Elizabeth Wood ewood@avon.org Contract Budget Amount: Budget Line Item: $ 5,000.00 Exhibit 1 Certificate needed:* Council Action Required:* County Recording Required* Comments: Do have any additional Documents you would like to upload Phone Number:* 970-748-4087 List any special terms that are unusual and require review or another negotiating point prior to expiration. Attach Exhibit: PDF Only No No No ,Qv O n Letter of Agreement coL0RAD0 Between Wishes, The Toy Store Inc. and Town of Avon, Colorado Ms. Marti Hurd Wishes, The Toy Store Inc. 240 Chapel Place Avon, CO 81620 Dear Ms. Hurd: The Town of Avon is pleased to provide COVID-19 Business Relief Funds to Wishes, The Toy Store Inc. in fiscal year 2020. Your business is important to the Avon community and the vibrancy of Avon's economy. The Avon Town Council has determined supporting and maintaining a strong business community serves a vital public purpose. The Avon Town Council has acknowledged the hardship faced by many small businesses in Avon resulting from the COVID-19 pandemic. The purpose of this Letter of Agreement (Agreement) is to formalize the understandings for the Town of Avon's financial contribution. Business: Wishes, The Toy Store Inc. Project: DOLA Coronavirus Relief Fund Program (CVRF) Town of Avon Contribution: Five thousand dollars ($5,000.00) Funding Period: March 1, 2020 — December 30, 2020 Use of Funds: By accepting the funding, you, as the CVRF recipient, agree to spend the funds for expenses related to the public health emergency with respect to Coronavirus Disease 2019 (COVID-19), which expenses include cleaning and medical supplies, personal protective equipment, rent, payroll and administrative costs that would not have been incurred but for the pandemic. Funding for the program was approved by the Town Council on November 10, 2020 using funds from the CARES Act fund authorized under Section II of Governor Polis' Executive Order 2020 081 May 12, 2020. All funds must be used to cover business interruption expenses incurred between March 1, 2020 and December 30, 2020. Please see Attachment A- CVRF Categories for a list of qualified expenses. Documentation: Recipient shall retain documentation on all uses of the funds, including invoices, sales receipts, time and effort reporting, data and financial records and any other documentation that establishes compliance for up to five years after final payment is made using CVRF funds. Recipient shall also submit the same documentation to the town by December 15, 2020 and understands that funds will not be distributed until such documentation has been provided and has been approved. Please see Attachment A- CVRF Categories. Please indicate the category (7a - 7r) for qualified expenses incurred by your business between March 1— December 30, 2020. CVRF Category: 7a Letter of Agreement Page 1 Please provide a detailed description of how you spent these funds between March 1, 2020 and December 30, 2020. Our funds were spent to pay our rent since we did not receive any rent relief thus far. .� O r (k M Uck 2()z() Town of Avon Responsibilities: The General Government Manager, Ineke de Jong, is responsible for facilitating payment to Wishes, The Toy Store Inc. Nothing contained in this Agreement shall constitute or designate Wishes, The Toy Store Inc. or any of its employees as employees of the Town of Avon, and thereby, Wishes, The Toy Store Inc., its subcontractors or any person directly or indirectly employed by it are not entitled to Town of Avon worker's compensation benefits or any benefit contemplated by a Town of Avon employer/employee relationship. The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi -fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Avon's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. Authorized Signatures: Marti Hurd, Wishes, The Toy Store Inc. I duly represent that I am authorized to represent Wishes, The Toy Store Inc. in reviewing, agreeing and signing this Agreement. My signature to this Agreement constitutes acceptance of the terms of this Agreement, special conditions for use of the funds awarded, if any, and Wishes, The Toy Store Inc.'s responsibilities as stated above. 1 SIGNATURE: PRINTED NAME: Marti Hurd TITLE: Owner DATE: 12/12/20 Town of Avon SIGNATURE: PRINTED NAM E:�Q, ��r1 TITLE: 51C'/A1(a( C-AOV �f �4C,u1Cl�j2r' DATE: � � / l 5 /2y ?b Letter of Agreement Page 2