HomeMy WebLinkAbout20243140.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND EAST COLORADO SMALL BUSINESS DEVELOPMENT CENTER
(SBDC) AS 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 East
Colorado Small Business Development Center (SBDC) 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, the East Colorado Small Business Development Center (SBDC) has been
awarded the sum of $65,000.00 from Weld County Economic Development Trust Fund monies,
which monies are for the purpose of providing programs and services to residents throughout
Weld County, and
WHEREAS, the contract period shall be from January 1, 2025, through December 31,
2025, 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
East Colorado Small Business Development Center (SBDC) as a recipient of Weld County
General Fund monies be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
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2024-3140
FI0081
MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND EAST
COLORADO SMALL BUSINESS DEVELOPMENT CENTER (SBDC) AS RECIPIENT OF WELD
COUNTY ECONOMIC DEVELOPMENT TRUST FUND MONIES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of December, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT O
ATTEST: 1. uo
Weld County Clerk to the Board
I/JaA
Deputy Clerk to the Board
unty ' rney
Date of signature:
Kev. D. Ross, Chair
Perry L. BucPro-Tem
ike . reeman
tt K. James
CUSED
on Saine
2024-3140
FI0081
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 2nd day of December, 2024, by and
between Weld County, hereinafter referred to as "Weld" and the State of Colorado acting by and
on behalf of the Board of Trustees for the University of Northern Colorado, an institution of higher
education existing under and by virtue of the laws of the state of Colorado for the use and benefit
of the East Colorado Small Business Development Center (SBDC), hereinafter referred to as
"Contractor", the parties agree as follows:
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has awarded
the East Colorado Small Business Development Center (SBDC) a sum of $65,000.00 of Weld
County Economic Development Trust Fund monies to assist small businesses, and
WHEREAS, the County implements programs and services to residents throughout Weld
County, and
WHEREAS, the "Contractor" provides services in Weld County to the small businesses in
Weld County, and
WHEREAS, the parties hereto are desirous of formalizing an agreement for the express
purpose of providing services to small businesses, and
WHEREAS, to implement these goals, the parties desire to establish an agreement for the
use of Weld County General Fund monies for the purpose of providing small business services.
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
General Fund monies by the East Colorado Small Business Development Center
(SBDC).
2. CONTRACT PERIOD will be from January 1, 2025, through December 31, 2025.
3. COMPENSATION: "Weld" agrees to pay "Contractor" for services performed
hereunder at a rate of $16,250.00 per quarter.
4. The total amount paid by "Weld" to "Contractor" under this Agreement shall not exceed
the sum of $65,000.00.
5. "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, specifically C.R.S. Article 75 State Funds, Part 2.
General Fund, Sections 201-223.
6. "Contractor" assures that as a recipient of 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.
2024-3140
MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND EAST
COLORADO SMALL BUSINESS DEVELOPMENT CENTER (SBDC) AS RECIPIENT OF WELD
COUNTY ECONOMIC DEVELOPMENT TRUST FUND MONIES
PAGE 2
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" may not assign or transfer this agreement, any interest therein or claim
thereunder without the prior written approval of "Weld".
10. 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. For
the purposes of this Agreement, a "proper claim" shall consist of a fixed -price quarterly
invoice of $16,250.00, accompanied by a brief progress report detailing the services
performed by "Contractor" in the billing quarter.
11. "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.
12. "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".
13. No alteration or variation of the terms of this agreement shall be valid unless made in
writing and signed by the parties hereto.
14. "Contractor" assures that it will comply with the Federal and State laws applicable to
its usual business operations and to its delivery of services to clients under this
Agreement, 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.
15. 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.
16. "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
MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND EAST
COLORADO SMALL BUSINESS DEVELOPMENT CENTER (SBDC) AS RECIPIENT OF WELD
COUNTY ECONOMIC DEVELOPMENT TRUST FUND MONIES
PAGE 3
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.
17. None of the funds provided by Weld County shall be used for counseling of clients
regarding the Affordable Care Act.
IN WITNESS WHEREOF, the parties above named have executed this agreement on the
2nd day of December, A.D., 2024.
ATTEST: " BOARD OF COUNTY COMMISSIONERS
Weld C•un , erk to the road LD COQ iniTv CO ORADO
BY:
Deputy Cler %Y• the Boar •/ j(� «.'�.. 'art �. Ross, Chair
AP ROVED AST FUNDING: STACE:
Got/roller o hief Financial Officer
State of Colorado acting by and on behalf of the
Board of Trustees for the University of Northern
Colorado
BY: 4�e
Jeri -A a Lyons, Associe Vice President for
Research
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