HomeMy WebLinkAbout20153907.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND NORTHEAST EAST CENTRAL 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
Northeast East Central 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 Northeast East Central 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, 2016, through December 31,
2016, 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
Northeast East Central 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.
( "'L J 2015-3907
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MEMORANDUM OF AGREEMENT- NORTHEAST- EAST CENTRAL 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 14th day of December, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COU
NTY, CO RADO
ATTEST: goadeiti
J„�,/ L .� •�-
ei•40 tom. arbara Kirkmeyer, Chair
Weld Co ty Clerk to the Board
EXCUSED
i �I i �► Mike Freeman, Pro-Tem
BY:
Deputy CI tot a Bj
try can P. Conwa
APP D AS •''�'
Julie A. Cozad
ount orney EXCUSED
Steve Moreno
Date of signature: ///*///ei
2015-3907
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 14th day of December, 2015, 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 of 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 Northeast - East Central 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 Northeast - East Central 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 Northeast - East Central Colorado Small
Business Development Center(SBDC).
2. CONTRACT PERIOD will be from January 1, 2016, through December 31, 2016.
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.
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.
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MEMORANDUM OF AGREEMENT- NORTHEAST- EAST CENTRAL 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.
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 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.
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
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
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MEMORANDUM OF AGREEMENT- NORTHEAST- EAST CENTRAL COLORADO SMALL
BUSINESS DEVELOPMENT CENTER (SBDC)
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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 14th day of December,
��A.D.,��,,2015.
ATTEST: `'� J G .-do;c1 BOARD OF COUNTY COMMISSIONERS
Weld C u t Clerk to the B rd WELD COUNTY, COLO DO
BY:
Deputy CI to the Boa arbara Kirkmeyer, C air DEC 1 2015
APPROVED A TO FUNDING: AP ROVED ST SUBSTANCE:
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Controller Elected Official or Department Head
APPROVED AS TO F S RM:
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County Attorney
tzir A ate of Colorado acting by and on behalf of the
•, i oard of Trustees of the University of Northern
Colorado
BY:
Office of Sponsored Pr grams
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