HomeMy WebLinkAbout20195063.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND EAST COLORADO SMALL BUSINESS DEVELOPMENT CENTER
(SBDC) AS A RECIPIENT OF WELD COUNTY GENERAL 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 General
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 General 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, 2020, through December 31,
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
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 of the Board of County
Commissioners of Weld County, Colorado, be, and hereby is, authorized to sign said agreement.
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2019-5063
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RESOLUTION - EAST COLORADO SMALL BUSINESS DEVELOPMENT CENTER (SBDC)
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of December, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WF_ID COUNTY, COLORADO
ATTEST: dijavt) •ida0 tA.
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APP ED AS TO
aarbara Kirkmeyer, Chair
EXCUSED
Mike Freeman, Pro- em
onway
cD
James
Co my rney
Date of signature: 12/I'i/I9
Steve Moreno
2019-5063
F10070
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 11th day of December, 2019, 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 General 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, 2020, through December 31, 2020.
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 General 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 General 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. 2019-5063
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MEMORANDUM OF AGREEMENT - EAST COLORADO SMALL BUSINESS DEVELOPMENT
CENTER (SBDC)
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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
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
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MEMORANDUM OF AGREEMENT - EAST COLORADO SMALL BUSINESS DEVELOPMENT
CENTER (SBDC)
PAGE 3
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.
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
11th day of December, A.D., 2019.
ATTEST.-driLtAi •�C,lLo� BOARD OF COUNTY COMMISSIONERS
Weld 'ou y lerk to the Beard WE,LD COUNTY, GQLORADO
BY:
Deputy Clej to t - Boa
ad -U-
• Barbara Kirkmeye , Chair 1 2019
APPROVED AS TO FUNDING: APPROVED AS T• SUBSTANCE:
Controller
APPROVED AS TO FORM:
County
fficial or Depa ment Head
of Colorado acting by and on behalf of the
card of Trustees for the University of Northern
Colorado
Chris Saxton, Director for the Office of
Research and Sponsored Programs
3i9-5OCo3
F10070
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