HomeMy WebLinkAbout20131289.tiffRESOLUTION
RE: APPROVE AMENDMENT TO MEMORANDUM OF AGREEMENT WITH RECIPIENT OF
WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN -
NORTHEAST EAST CENTRAL COLORADO SMALL BUSINESS DEVELOPMENT
CENTER (SBDC)
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, an Amendment to 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 additional sum of $10,000.00 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, 2013, through December 31, 2013,
and
WHEREAS, the Board of County Commissioners deems it advisable and in the best interest
of Weld County to approve said amendment.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the an Amendment to 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 amendment.
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2013-1289
FI0056
AMENDMENT TO MEMORANDUM OF AGREEMENT - NORTHEAST - EAST CENTRAL
COLORADO SMALL BUSINESS DEVELOPMENT CENTER (SBDC)
PAGE 1
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of May, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WFLD CCflF4)', COLORADO
ATTEST:
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Weld County Clerk to the B
Count Attorney
Date of signature: JUN 1 2 2013
am F. Garcia, Chai
Sean aP. gat-
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Mike Free
Barbara Kirkmeyer
2013-1289
FI0056
AMENDED MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the a9 ek day of May, 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, on December 12, 2012, the Board of County Commissioners of Weld County,
Colorado, awarded the Northeast - East Central Colorado Small Business Development Center
(SBDC) a sum of $35,000.00 of Weld County General Fund monies to assist small businesses, and
now desires to award an additional $10,000.00, 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, 2013, through December 31, 2013.
3. COMPENSATION: "Weld" agrees to pay "Contractor" a one-time additional grant of
$10,000.00.
4. The total amount paid by "Weld" to "Contractor" under this Amended Agreement shall
not exceed the sum of $10,000.00.
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.
2013-1289
FI0056
AMENDED 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.
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 terminate this Contract for breach and "Contractor" shall be
liable for actual and consequential damages to "Contractor".
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AMENDED 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.
IN WITNESS WHEREOF, the parties above named have executed this agreement on the
94N day of May, A.D., 2013.
ATTEST:1%.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board BY:
By:
William F. Garcia, Chair
MAY 292013
State of Colorado acting by and on behalf of the
Board of Trustees of the University of Northern
Colorado
BY: d vlhC� RSA✓✓L17�
Michele S. Schwietz, Director
Office of Sponsored Programs
&evJ—/07 9
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Office of Sponsored Programs
Transmittal Form
May 22, 2013
Agency Submitted:
Contract or Grant:
Amendment or Modification:
Number of Copies Enclosed:
Esther Gesick
Deputy Clerk to the Board
Weld County
P.O. Box 758
Greeley, CO 80632
Amended Memorandum of Understanding
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.
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
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