HomeMy WebLinkAbout20163536.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 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, Inc., commencing upon full execution of
signatures, 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, Inc., be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 16th day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d je: O;64.
Weld County Clerk to the Board
BYa0
eputy Clerk to the Board
Mike Freeman, Chair
Sean P. Conway, Pro-Te
APPRO D A `i�l� .�il� /'�% l��I� / jU L2
Date of signature: L'/1-/(
County Attorney
arbara Kirkmeyer
Steve Moreno
C.c= F2./(XC T COW(QC)
-rp RFimT)
I it/(CO
2016-3536
TR0030
AGREEMENT FOR "PASS -THROUGH" OF WELD COUNTY COLORADO
OPPORTUNITY SCHOLARSHIP INITIATIVE GRANT FUNDS
THIS AGREEMENT is made and executed effective the /1/ day of November 2016, by
and between Upstate Colorado Economic Development, Inc., whose address is 822 7th Street, 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, 1150 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 $303,076.00 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
2016-3536
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 1.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.
State of Colorado
Mike Freeman, Chairman NOV 1 6 2016
Board of County Commissioners,
County of Weld
Upstate Colorado Economic Development, Inc.
�-v
5. No Third -Party Enforcement. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services
or benefits under this Agreement shall be an incidental beneficiary only.
6. No Waiver of Immunities. No portion of this Agreement shall be deemed to constitute
a waiver of any immunities the parties or their officers or employees may possess, nor
shall any portion of this Agreement be deemed to have created a duty of care which did
not previously exist with respect to any person not a party to this agreement.
7. Severability. If any provision of this Agreement is found to be invalid, illegal or
unenforceable, the validity and enforceability of the remaining provisions shall not in
any way be affected or impaired 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 may be necessary to achieve to the greatest degree possible
the intent of the affected provision of this Agreement.
8. No Assignment. No party may assign any of its rights or obligations under this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to
execute this Agreement effective ffas of the day and year first above written.
ddr-410ATTEST: as�
''tik County of Weld, a political
Weld County Clerk to the • ''"�''— subdivision of the
By:
Deputy C t rk to t
ATTEST:
By: By:
, Secretary `Richard Werner, President and CEO
A0- ���ro
RE: AGREEMENT FOR "PASS -THROUGH" OF WELD COUNTY COLORADO
OPPORTUNITY SCHOLARSHIP INITATIVE GRANT FUNDS - UPSTATE COLORADO
ECONOMIC DEVELOPMENT, INC.
APP VED ATO SUBSTANCE:
Elected Official or Department Head
NIA
Director of General Services
APPROVED AS TO FUNDING:
Controller
aktiag
ot
APPRO ED AS yO FORM:
County Attorney
Hello