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Home My WebLink About20161825.tiffRESOLUTION RE: APPROVE AGREEMENT FOR "PASS -THROUGH" OF WELD COUNTY, COLORADO OPPORTUNITY SCHOLARSHIP INITIATIVE GRANT FUNDS AND AUTHORIZE CHAIR TO SIGN - UPSTATE COLORADO ECONOMIC DEVELOPMENT, INC. 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, the Board has been presented with an Agreement for "Pass -Through" of Weld County, Colorado Opportunity Scholarship Initiative Grant between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Upstate Colorado Economic Development, Inc., commencing July 1, 2016, and ending June 30, 2017, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for "Pass -Through" of Weld County, Colorado Opportunity Scholarship Initiative Grant Funds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Upstate Colorado Economic Development be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dityclit/7ip;t, EXCUSED Mike Freeman, Chair Weld County Clerk to the Board 4aL uty Clerk to the oard4 ty Attorney Date of signature I1/ao16 FzcCw) 9Otee Sean P. Co way, Pro-Tem ulie A. Cozad Steve Moreno rbara Kirkmeyer 2016-1825 TR0030 AGREEMENT FOR "PASS -THROUGH" OF WELD COUNTY COLORADO OPPORTUNITY SCHOLARSHIP INITIATIVE GRANT FUNDS THIS AGREEMENT is made and executed effective the %day of ( Pte, 2016) by and between Upstate Colorado Economic Development, Inc., whose addres is 822 7th Street, P Suite 550, Greeley, CO 80631, hereinafter referred to as the "Upstate," and the County of Weld, a political subdivision of the State of Colorado, whose address is P.O. Box 758, 1 150 O Street, Greeley, Colorado 80632, hereinafter referred to as "Weld County." WITNESSETH: WHEREAS, Weld County has been awarded a Colorado Opportunity Scholarship Initiative (COSI) grant in the amount of $259,869.00 for the Bright Futures program, where Weld County is considered to be "the Grantee`" for the purposes of receiving such grant (the COSI grant award letter is attached hereto and referred to herein as Exhibit `'A"), and WHEREAS, after the award of the grant to Weld County, the Colorado Attorney General interpreted C.R.S. §§ 23-3.3-1001, et seq., to require that the COSI funds be granted to a non- profit 501(c)(3) tax exempt organization, and WHEREAS, Upstate administers the Greeley -Weld Urban Enterprise Zone Fund which, in an IRS letter from the United States Department of the Treasury dated September 8, 2000, confirmed the Greeley -Weld Urban Enterprise Zone Fund as tax exempt status under Section 501(c)(3) of the Internal Revenue Code, and WHEREAS, the COSI program allows for using a tax exempt 501(c)(3) organization, such as the Greeley -Weld Urban Enterprise Zone Fund, as a pass -through for the COSI funds issued to the COSI grantee, and WHEREAS, one of the goals of Weld County's Bright Futures program is to serve as a workforce development program, which supports the goals of Upstate, and WHEREAS, pursuant to and conditioned upon the terms set forth herein, Upstate agrees, through the Greeley -Weld Urban Enterprise Zone Fund, to accept the COSI grant funds on behalf of Weld County so that they may pass through the 501(c)(3) to comply with the statutes cited above. NOW THEREFORE, in consideration of the covenants, promises and agreements of each of the parties hereto, to be kept and performed by each of them, it is agreed by and between the parties hereto as follows: 1. Upstate Agrees: a. To provide the use of the Greeley -Weld Urban Enterprise Zone Fund, as a pass - through for the COSI funds issued to Weld County as the COSI Grantee pursuant to the grant awarded in Exhibit A. Upstate agrees that upon receipt of the COSI 2016-1825 funds it will deposit such funds into the Greeley -Weld Urban Enterprise Zone Fund and then immediately pay such funds to Weld County for use in the Bright Futures Program. The parties agree that no fee will be charged Weld County for such pass - through for the COSI funds. b. To account for the COSI funds received, showing the amount of the COSI funds received, the date(s) of their receipt, the date(s) of their deposit into the Greeley - Weld Urban Enterprise Zone Fund, and the amount and date(s) of the payout of the COSI funds to Weld County. c. To provide, upon receipt of reasonable notice, Upstate's financial records which show the accounting required in Subparagraph I .b., above, to Weld County and any agency of the State of Colorado which may be auditing the COSI grant. d. To submit to the Colorado Department of Education any information required by such Department regarding the COSI funds received. 2. Weld County Agrees: a. To provide all necessary grant administration and reporting as may be required by the Colorado Department of Education as part of the COSI grant. b. To pay for any additional audit costs Upstate may incur in providing the Greeley - Weld Urban Enterprise Zone Fund as a pass -through in the fashion contemplated in this Agreement. c. To indemnify, defend and hold harmless Upstate for any costs, penalties, or liabilities it may incur as a result of the services Upstate will perform pursuant to the terms of this Agreement. 3. Term and Termination: The term of this Agreement shall be for such time as Weld County is considered to be a "Grantee" for the purposes of receiving a COSI grant for the Bright Futures Program. Either party may terminate this Agreement by providing to the other written notice of such termination received at least thirty (30) days prior to the anticipated date of such termination. The obligation for Weld County to indemnify, defend and hold harmless, as set forth in Subparagraph 2.c., above, shall continue beyond such date of termination. 4. Entire Agreement. This instrument embodies the entire agreement of the parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the parties hereto. 5 . Na Third - Party Enforcement . It is expressly understc�od and �greed that the �nforeement of the terms and conditioi7s of this Agreement, and all rights �� f actioit relating ta such enforcement, sha11 be strictly reserved to the undersign�d �arties and nc�tlling in tl� is A �-eement shall give ar allow any claim or right of action whatsoever by any other person not inclucied in this Agree�nent . It is the �xpress intention of the undersigned parties that any entity otl� er thai� tlie undersigued parties reeeivin�; services or benefits und�r this A�reement shall be an ii��eidental beneficiary oiily. 6 . No Waiver of Irnmunittes . No portion af this Agreement shall be deemed to coi� stitute a waiver of any immutlities the parties or their officers or employees may pc�ssess, n�r shall any portion of this Agreernent be dee�xaed ko have created a duty of care which did not previously exist with respect to any person not a party to this agreement . 7 . Severabilitv. If any provisian oi� this Ag►�eement is found to be invalid , illegal c>r unenforceable, the validity atid enforceabilrty of the remaining provisions shall not in any way be affected or impairec� thereby. Further, in the event of any such holding of invalidity, illegality or unenforceability (as to any or all parties hereto), the parties agree to take such action(s) as rnay be necessary to achieve to the greatest degree possible the intent of the affected provisioi� of� tl� is A �eement . 8 . No Assi n� ment. No party m�y assig�n any of its rights or obligations under this A�reement . IN WITNESS WHEREOF , the parties hereto have caused their duly authorized officials ta execute this Agreement effective as of the day and year first above writte» . ATTEST : �j�,d� �• � County of Weld, a political subdivision ofthe Weld County Clerk to the B � �� tate of C�lorado , � B � t � ' y � Deputy Cle to the a ean P . Conway , Pro- Tem Board of County Comrnission County of Weld �UN � 5 2016 AT7`EST : Upstate Colorado Economic Development, Inc. _._ �._ � i y,rr" r ,��,,,- - - �- - -��._ -.��W.�__ �_ gy� — gy� --- - -- - - , Secretary Richard Werner, President and CEO �olG -/ �� RE: AGREEMENT FOR "PASS THROUGH" OF WELD COUNTY, COLORADO OPPORTUNITY SCHOLARSHIP INITIATIVE GRANT FUNDS APPROVED AS.T S : STNCE: Elected Official or Department Head N� Director of General Services APPROVED AS TO FUNDING: Controller RM: my Attorney COLORADO Colorado Commission on Higher Education Chairperson Barbara Kirkmeyer Bright Futures Foundation Weld County Dear County Commissioner Kirkmeyer: We are pleased to notify you that your application for the 2015-2016 Colorado Opportunity Scholarship Initiative Matching Student Scholarship grant has been approved for an award of $259,869 on behalf of Weld County. The Colorado Opportunity Scholarship Initiative was created with students in mind and we are excited to leverage state dollars to increase overall financial support in your community, and support efforts to close the attainment gap in Colorado. Your proposal was included in our second round of applications reviewed during FY 2015 - 2016 and is part of $3,233,166 in 1:1 scholarship matches that have been committed to -date to support over 2,000 students. We look forward to having you as a partner as we ensure every Colorado student has the necessary tools to succeed in postsecondary education and find an affordable path to the workforce. In the coming weeks, our team will work with you to draft the grant agreement based on your submitted application materials. The approved award amount is available based on new funds raised by your foundation. The agreement will include a proposed structured payment schedule based on your organizations' projected raised matching funds and distribution plan of student scholarship awards. We hope to have the agreement fully executed by the end of February 2016. Of course our program is committed to working with you as factors change during the implementation of your scholarship project. Upon receipt of the scholarship match, your program will become an important part of the Colorado Opportunity Scholarship Initiative. We welcome your participation in continuing to support our program and raise awareness of our combined efforts. Together we can truly make a difference in your communities and across the states. Sincerely, C.W. taw Shelley Banker Deputy Director, Colorado Opportunity Scholarship Initiative Colorado Department of Higher Education Cc: Board of Weld County Commissioners Governor John Hickenlooper Lieutenant Governor Joseph A. Garcia, Executive Director 1560 Broadway, Suite 1600, Denver, CO 80202 P 303.862.3001 highered.colorado.gov Senator Cooke Senator Marble Senator Sonnenberg Representative Buck Representative Humphrey Representative Primavera Representative Saine Representative Young Governor John Hickenlooper Lieutenant Governor Joseph A. Garcia, Executive Director 1560 Broadway, Suite 1600, Denver, CO 80202 P 303.862.3001 highered.colorado.gov Hello