HomeMy WebLinkAbout20110051.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,COLORADO,
AND 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 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 (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, Greeley/Weld Small Business Development Center(SBDC)has been awarded
the sum of$7,300.00 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, 2011,through December 31,2011,
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
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(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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2011-0051
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RESOLUTION - GREELEY/WELD 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 5th day of January, A.D., 2011, nunc pro tunc January 1, 2011.
BOARD OF COUNTY CO ISSIONERS
WE COUNTY, COO DO .
ATTEST: ) -e/._,
a d!g rbara Kirkmeyer, hair
Weld County Clerk tot a 4r ` \ �;
Sean P. Co Pro-Tem
BY: / //
Deputy Clerk to the Bo (/ _
ilRfrn . Gard -
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APP D AS T RM• Gu\ _ i
David E. Long
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Douglas/Rademacher
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Date of signature: fait.)
2011-0051
F10052
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this,the 15th day of December, 2010, 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 Greeley/Weld 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
Greeley/Weld Small Business Development Center (SBDC) a sum of $7,300.00 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, 2011, through December 31, 2011.
3. COMPENSATION: "Weld" agrees to pay "Contractor" a one-time grant of
$7,300.00.
4. The total amount paid by "Weld" to "Contractor" under this Agreement shall not
exceed the sum of$7,300.00.
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.
2011-"
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MEMORANDUM OF AGREEMENT - GREELEY/WELD SMALL BUSINESS DEVELOPMENT
CENTER (SBDC)
PAGE 2
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.
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. 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 County
2011-**
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MEMORANDUM OF AGREEMENT - GREELEY/WELD SMALL BUSINESS DEVELOPMENT
CENTER (SBDC)
PAGE 3
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
5th day of January, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
ATTEST: /J-' WELD COUNTY, COLORADO
Weld County Clerk to the ar is, '11/4
vy BY%��yiih AA.:
Barbara Kirkmeyer, Chair
AN052011
By. ft Yl
Deputy CI to he Board State of Colorado acting by and on behalf of
the Board of Trustees of the University of
Northern C orado LeafriceBY: cam, /^ 3 --i(
Elaine Quam, J
Executive Assistant to the President
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BY: / ca it ' -��/1 u- l-2/30/d
/
Michele S. Schwietz
Director, Office of Sponsored rams
} 6471By:
,�s7,
Djielatriana, Jr., General Counsel
Vice President and
Secretary to the Board of Trustees
2011-f9D5/
FI0052
Office of Sponsored Programs
Transmittal Form
January 3, 2011
Agency Submitted: Esther Gesick
Weld County
915 10`h Street
Third Floor
Greeley, CO 80631
Contract or Grant: SBDC Memorandum of Agreement
Amendment or Modification:
Number of Copies Enclosed: 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
Elizabeth Strong
From: Esther Gesick
Sent: Thursday, December 30, 2010 2:23 PM
To: Mona.Castor@unco.edu
Cc: Bruce Barker; Don Warden; Elizabeth Strong; Esther Gesick
Subject: FW: SBDC Memorandum of Agreement
Attachments: SBDC MOU.doc
Mona,
The County Attorney has made the requested modifications. If this looks acceptable, please
sign two originals of the MOU and deliver them to the office of the Clerk to the Board, Attn:
Esther Gesick, located in the Centennial Center, 915 10th Street, Third Floor. We have it
scheduled to be on the Board's agenda for Wednesday, January 5, 2011. Please feel free to
contact Bruce Barker, County Attorney, at (970) 356-4000, ext. 4390, if you have any
questions or comments.
Thanks!
Esther E. Gesick
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley, CO 80631
(970)336-7215 X4226
(970)352-0242 (fax)
Original Message
From: Bruce Barker
Sent: Thursday, December 30, 2010 10:05 AM
To: Esther Gesick
Subject: RE: SBDC Memorandum of Agreement
See the attached. Shows the changes and the clean version. We can accommodate their
requests.
Original Message
From: Esther Gesick
Sent: Thursday, December 30, 2010 8:57 AM
To: Bruce Barker
Subject: FW: SBDC Memorandum of Agreement
Bruce,
Just following up on old e-mails. Have you had a chance to review the proposed changes
below, and if so, I'll get busy and get them made and sent out.
Thanks!
Esther E. Gesick
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley, CO 80631
1
2011-0051
(970)336-7215 X4226
(970)352-0242 (fax)
Original Message
From: Don Warden
Sent: Wednesday, November 24, 2010 12:57 PM
To: Bruce Barker
Cc: Esther Gesick
Subject: FW: SBDC Memorandum of Agreement
Bruce,
Esther has the agreement electronically. I am okay with the changes if you agree. If you do
agree let Esther know and she can modify the MOU and send UNC the new version. Thanks, Don
Original Message
From: Castor, Mona fmailto:Mona.CastorPunco.edul
Sent: Wednesday, November 24, 2010 12:32 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 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 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 specifies 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 (3) days after the closure of the center.
4) Signature Block. Please change Greeley/Weld Small Business Development Center to
State of Colorado acting by & on behalf of the Board of Trustees of the University of
Northern Colorado.
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Thank you for your assistance. Please let me know if you have any questions or if I can
provide any further information.
Mona Castor
Senior Budget/Post Award Specialist
Office of Sponsored Programs
University of Northern Colorado
Campus Box 143
Kepner 25
Greeley, CO 80639
Office: 970-351-1912
Fax: 970-351-1934
www.unco.edu
3
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