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Home My WebLink About20093306.tiffRESOLUTION RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND BOARD OF TRUSTEES OF UNIVERSITY OF NORTHERN COLORADO, FOR THE USE AND BENEFIT OF GREELEY/WELD 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 the Board of Trustees of the University of Northern Colorado, and institution of higher education existing under and by virtue of the laws of the State of Colorado, for the use and benefit of the Greeley/Weld County 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 Board of Trustees of the University of Northern Colorado, for the use and benefit of the Greeley/Weld Small Business Development Center (SBDC), has been awarded the sum of $5,000.00 from Weld County General Fund monies, which monies are for the purpose of providing services to Weld County small businesses, and WHEREAS, the contract period shall be from January 1, 2010, through December 31, 2010, 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 the Board of Trustees of the University of Northern Colorado, for the use and benefit of the Greeley/Weld 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. c,IA1eCrot?1&-) 2009-3306 F10050, o' /r1//, MEMORANDUM OF AGREEMENT - UNIVERSITY OF NORTHERN COLORADO BOARD OF TRUSTEES FOR GREELEY/WELD 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 16th day of December, A.D., 2009. ATTEST: 44/41 Weld County Clerk to the Bo "1 BY: APPR AS ,/ TO rney Date of signature: ;DIN _ BOARD OF COUNTY COMMISSIONERS EL COY, C9,l,ORADO jC,loLq�Jjr—C Garcia, Chair Q aerna 41•1/4.1C ouglaPro-Tem Sean P. Conway EXCUSED Berra Kirkmeyer David E. Long 2009-3306 FI0050 MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into on this, the 17th day of December, 2009, by and between Weld County, hereinafter referred to as "Weld" and the Board of Trustees of the University of Northern Colorado, and institution of higher education existing under and by virtue of the laws of the State of Colorado, for the use and benefit of the Greeley/Weld Small Business Development Center ("SBDC"), hereinafter collectively referred to as "Contractor." WITNESSETH: WHEREAS, the Board of County Commissioners of Weld County, Colorado, has awarded Greeley/Weld Small Business Development Center (SBDC) a sum of $7,500.00 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 Greeley/Weld Small Business Development Center (SBDC). 2. CONTRACT PERIOD will be from January 1, 2010, through December 31, 2010. 3. COMPENSATION: "Weld" agrees to pay Contractor a one-time grant of $7,500.00. 4. The total amount paid by "Weld" to Contractor under this Agreement shall not exceed the sum of $7,500.00. 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 2009-3306 F10050 MEMORANDUM OF AGREEMENT - GREELEY/WELD SMALL BUSINESS DEVELOPMENT CENTER (SBDC) PAGE 2 with the regulations of State and local law. 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. Each party hereto agrees to be responsible for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the full extent allowed by law. Contractor shall provide necessary worker's compensation insurance at "Contractor's" own cost and expense. 10. Contractor may not assign or transfer this agreement, any interest therein or claim thereunder without the prior written approval of "Weld". 11. 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. 12. "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. 15. 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. 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 F10050 MEMORANDUM OF AGREEMENT - GREELEY/WELD SMALL BUSINESS DEVELOPMENT CENTER (SBDC) PAGE 3 requirement of this provision or Section 8-17.5-101, et seq., C.R.S., Weld County 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. IN WITNESS WHEREOF, the parties above named have executed this agreement on the 16th day of December, A.D., 2009. p� p// BOARD OF COUNTY COMMISSIONERS ATTEST: F '/ / 11� ` I4, � WELD COU COLORADO Weld County Clerk to the B+:dt 1 ti e j BY: By: Deputy Clerk to the Board LK illiam F. Garcia, Chair BOARD OF TRUSTEES OF THE UNIVERSITY OF NORTHERN COLORADO, AND INSTITUTION OF HIGHER EDUCATION EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF COLORADO, FOR THE USE AND BENEFIT OF THE GREELEY/WELD SMALL BUSINESS DEVELOPMENT CENTER By: (Clue_ 6GIIiir Ia 2(O f Titlut'verfkssisrt to the President /elk IV/7/69 Michele Schwietz Director, Office of 'Sponsored Programs 7 Ronald 3: Lanbdpn 2009-*" General Counsel/Special Assistant Fl0050 Attorney General Bruce Barker From: Bruce Barker Sent: Tuesday, December 15, 2009 2:31 PM To: Esther Gesick; Don Warden Subject: RE: Memorandum of Agreement Attachments: MOU Small Business Dev.doc See the attached. Made all of the requested changes. Don, can you respond to her questions 3 and 5? Original Message From: Esther Gesick Sent: Thursday, December 03, 2009 8:58 AM To: Don Warden; Bruce Barker Subject: RE: Memorandum of Agreement Don, Bruce is out this week and will be back on Monday. I'll check with him then so he is aware all of the MOUs are scheduled to be listed on the Agenda 12/16 and hopefully we'll get a signed original before then if we send it via e-mail. If not, can we list it later, separate from the rest? Thanks! Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) From: Don Warden Sent: Wednesday, December 02, 2009 8:54 PM To: Bruce Barker Cc: Esther Gesick Subject: FW: Memorandum of Agreement 1 Bruce, Attached is the standard MOU we use for all the outside agencies. The SBDC sign it last year, but seem to want changes this year. I do not have a problem with the changes requested. If you agree can you give the changes UNC wants, plus any other changes you want to make to Esther and then have her forward a copy back to Mona Castro at UNC? In response to # 3 we will send one check in January and they do not need to do anything we will pay based upon the MOU. In response to #4 the funds are all local property tax, no federal dollars. Thanks, Don From: Castor, Mona [mailto:Mona.Castor@unco.edu] Sent: Wednesday, December 02, 2009 4:38 PM To: Don Warden Cc: Pickett, Richard Subject: Memorandum of Agreement Don, Richard Pickett has provided me with the Memorandum of Agreement from Weld County for the Greeley/Weld Small Business Development Center. Before UNC signs the agreement, I am requesting the following changes and/or clarifications to the contract: 1) The SBDC is a Center within the University and as such the Agreement should be made out to 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 Greeley/Weld Small Business Development Center. 2) Article 9 - UNC is an entity of the State of Colorado and, as such, cannot sign a contract with an indemnification clause. Would like to change the Article to read "Each party hereto agrees to be responsible for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the full extent allowed by law". 3) Article 11 - Can you tell me how payment will be made to UNC for this Agreement? It is my understanding that last year a check was cut at the beginning of the calendar year for the entire amount? What does the County need from UNC so that we can receive the money in January? 4) Article 16 of the Agreement specifies that "Any equipment acquired from funds covered by this contract shall remain the property of "weld"..". Please remove this article from the Agreement. It is my understanding that Weld County is providing these funds for UNC to use as a cash match to the federal flow through SBDC grant. Our agreement for the SBDC grant with Colorado Office of Economic Development and International Trade specified that "Any equipment, supplies, and furniture purchased by federal, cash match, or program income dollars becomes the property of the SBDC Network and must be delivered to the State Director within thirty (30) days after the closure of the center. Please remove this Article from the Agreement. 5) Article 17 of the Agreements reads "... if Contractor receives federal or state funds under this Contract..". Can you verify that there are no "federal" funds being provided under 2 this Agreement as UNC cannot use any federal funding to match on the SBDC grant through COEDIT. 6) Signature Block - Please change Greeley/Weld Small Business Development Center to State of Colorado Acting by and on behalf of the Board of Trustees of the University of Northern Colorado. Thank you for your assistance. Please let me know if you have any questions or if I can provide any further information. Mona Mona Castor Grants Specialist Office of Sponsored Programs University of Northern Colorado Kepner 25 Campus Box 143 Greeley, CO 80639 (970) 351-1912 (phone) (970) 351-1934 (fax) mona.castor(unco.edu 3 Esther Gesick From: Sent: To: Subject: dig -filing dig -filing [dlg-filing@state.co.us] Friday, January 08, 2010 9:33 AM Esther Gesick Re: Weld County E911 2010 Budget, LGID #62084 Thank you for your submission to DLG. This is your confirmation email notifying you that your filing reached our email box. We will review your submission and contact you with any problems or issues if necessary. Please do not reply to this email as it is auto -generated. Thank you, DLG Staff >>> Esther Gesick <egesick(o)co.weld.co.us> 01/08/10 09:32 >>> Attached is the Weld County E911 2010 Budget, in accordance with State filing requirements. Please don't hesitate to contact me if you have an questions of concerns with this submission. Thanks! Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) 1 gco(t- 3)°ty Office of Sponsored Programs Transmittal Form December 22, 2009 Agency Submitted: Contract or Grant: Amendment or Modification: Number of Copies Enclosed: Don Warden Weld County Y.O. Box 758 Greeley, CO 80632 2009-FI0050 Three (3) XX We are retaining the advance or machine copy with the understanding that Two fully executed originals will be forwarded at a later date. 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 a unco.edu Hello