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Home My WebLink About20133386.tiffRESOLUTION 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, 2014, through December 31, 2014, 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. ce: %/ Oo4az (k1 .Dewey) Aa 2013-3386 FI0058 MEMORANDUM OF AGREEMENT - NORTHEAST - EAST CENTRAL COLORADO SMALL BUSINESS DEVELOPMENT CENTER (SBDC) PAGE 2 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., 2013. BOARD OF COUNTY COMMISSIONERS WELD COLORADO ATTEST:�A OA Weld County Clerk to the Boa BY. Deputy CI APPAS unty Attorney Date of signature: DEC 1 2 2013 m F. Garcia, Chair can P. Conway Mike Freeman kJi�1i.�Gc-� rbara Kirkmeyer 2013-3386 FI0058 - MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into on this, the 11th day of December, 2013, 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, 2014, through December 31, 2014. 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. 2013-3386 FI0058 MEMORANDUM OF AGREEMENT - NORTHEAST - EAST CENTRAL COLORADO SMALL BUSINESS DEVELOPMENT CENTER (SBDC) 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. 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. 13. "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". 14. 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 terminate this Contract for breach and "Contractor" shall be liable for actual and consequential damages to "Contractor". FI0058 r MEMORANDUM OF AGREEMENT - NORTHEAST - EAST CENTRAL COLORADO SMALL BUSINESS DEVELOPMENT CENTER (SBDC) PAGE 3 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., 2013. BOARD OF COUNTY COMMISSIONERS ATTEST: e A scti WELD COUNTY, LORADO Weld County Clerk to the Board BY: By: Sitti Q�� '�G�l�/1 Deputy Cle to the Board William F. Garcia, Chair DEC 1 1 2013 State of Colorado acting by and on behalf of the Board of Trustees of the University of Northern Colorado BY: !dLzdis /co/l 3 Michele S. Schwietz, Director Office of Sponsored Program FI0058 Office of Sponsored Programs Transmittal Form December 10, 2013 Agency Submitted: Contract or Grant: Amendment or Modification: Number of Copies Enclosed: Don Warden Finance & Administration Weld County 1150 O Street Greeley, CO 80632 Memorandum of Agreement Two (2) XX We are retaining the advance or machine copy with the understanding that One fully executed originals will be forwarded at a later date. UNC's annual A133 audit report can be found at http://coloradoc2.prod.acquia- sites.com/sites/default/files/auditl2.pdf Return Exhibit C with signed originals. Sign all copies and complete the enclosed W-9 and Exhibit 3 and return to the address listed below. A fully executed copy will be sent to you at a later date. Original for your files. Special Comments: All correspondence concerning this contract or grant should be directed to: Mona Castor Office of Sponsored Programs University of Northern Colorado Kepner 25, CB 143 Greeley, CO 80639 (970) 351-1912 FAX: (970) 351-1934 E-mail: mona.castor@unco.edu Hello