HomeMy WebLinkAbout20210820.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR WELD COUNTY BRIGHT FUTURES PROGRAM AND
AUTHORIZE CHAIR TO SIGN - NORTH COLORADO MEDICAL CENTER
FOUNDATION, INC., AND THE WELD TRUST
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 the Weld County Bright
Futures Program among the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, North Colorado Medical Center Foundation, Inc., and
The Weld Trust, commencing April 1, 2021, 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 the Weld County Bright Futures Program among
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, North Colorado Medical Center Foundation, Inc., and The Weld Trust, 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 22nd day of March, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditiftm) •-do;e1
Weld County Clerk to the Board
BY: 1 V �—
AP
County Attorney
Date of signature: 3/25
Steve, oreno, Chair
Lori Sai
2021-0820
TR0029
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3126/21
WELD COUNTY BRIGHT FUTURES PROGRAM AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of April , 2021, by and between
the County of Weld, a political subdivision of the State of Colorado, by and through the Board of
County Commissioners of the County of Weld, whose address is P.O. Box 758, 1150 O Street,
Greeley, CO 80632, hereinafter referred to as, "County," and North Colorado Medical Center
Foundation, Inc., a Colorado nonprofit corporation, whose address is 815 8'h Avenue Greeley, CO
80631, hereinafter referred to as, "Foundation." and The Weld Trust, a Colorado nonprofit
corporation, whose address is 815 8►h Avenue, Greeley, Colorado 80631, hereinafter referred to as
"Weld Trust" Individually, County, Foundation and Weld Trust are each referred to herein as
"Party," and collectively as "the Parties."
WITNESSETH:
WHEREAS, in 2015-2017, County developed a grant program providing tuition assistance
to high school graduates, GED recipients and Honorably Discharged Veterans who wish to pursue
post -secondary education or training from an accredited higher education institution or certified
training program; such program is known as "Weld County Bright Futures" ("Bright Futures"),
and
WHEREAS, the overall objective of Bright Futures is to ensure a strong and diverse
workforce while providing the opportunity for post -secondary education or training, and be
designed to assist residents in achieving their educational and occupational goals and in turn drive
economic growth and prosperity in Weld County, and
WHEREAS, Weld Trust desires to assist the County in the administration, fundraising and
marketing of Bright Futures, and
WHEREAS, County is agreeable to said assistance by Weld Trust in accordance with the
following terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties agree as follows:
1. FLOW OF FUNDS: To provide for the funding of Bright Futures the parties agree as
follows:
a. Grants. Currently Bright Futures has received several grants for the Bright Futures
program which reside with Bright Futures as well as Upstate Colorado Economic Development
Corporation (the "Grant Funds"). The current Grants Funds and the underlying grants will be
transferred to the Foundation and will be used to provide funding for Bright Futures.
b. Donations for Tax Credits. Weld County currently provides property tax credits for
Weld County residents donating to Bright Futures ("Weld County Donations"). The donations
are currently received by Weld County. Weld County shall transfer, on a quarterly basis, the
donation amounts to the Foundation. The Foundation will then issue letters to the donors of the
funds evidencing their donations for federal income tax purposes. The Weld County Donations
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will be used by the Foundation to provide funding for the Bright Futures Program. The Weld
County Donations will be held in the Bright Futures restricted fund at the Foundation.
c. Bright Futures Fund at Weld County. Currently, Weld County holds approximately
$8.568 Million in funds that Weld County has set aside for Bright Futures known as the Bright
Futures Student Grant Fund ("County Fund"). Weld County shall transfer the County Fund to the
Foundation for placement in the Bright Futures restricted fund. The County Fund monies shall be
used to fund Bright Futures.
d. Community Donations. It is anticipated that the Foundation will conduct fundraising
programs for raising additional monies for Bright Futures from the community. All funds raised
for Bright Futures will be held at the Foundation in the Bright Futures restricted fund to be used
solely for Bright Futures.
e. Accounting for Funds held by the Foundation. On a quarterly basis, or more frequently
if requested by Weld County, the Foundation shall provide a report to Weld County outlining the
sources and uses of the monies held in the Bright Futures restricted fund at the Foundation.
f. Return of Funds at Weld County Request. At the request of Weld County the Foundation
shall transfer to Weld County the remaining balances in the Grant Fund, and the Weld County
Donations. Weld County shall provide one hundred and eighty (180) days' notice to the
Foundation should Weld County desire to have the funds revert to the County.
2. DUTIES OF WELD TRUST AND THE FOUNDATION: Weld Trust and the
Foundation shall perform the following duties:
a. Administer Bright Futures in accordance with the terms and conditions set forth in this
Agreement and the program requirements outlined in Exhibit A attached hereto and
incorporated within.
b. The Bright Futures program shall operate under the organizational umbrella of Weld
Trust under the administrative direction of the CEO of The Weld Trust.
c. The Weld Trust shall employ staff, who shall be responsible for the administration,
fundraising and marketing of the Bright Futures program. Such personnel shall be
employees of Weld Trust, and not Weld County. Grievances of such employees shall
be to Weld Trust, not Weld County.
d. Seek approval by the Board of County Commissioners for any Bright Futures program
policy change having a budgetary impact or a significant change to the program which
impacts the grants to Weld County students. Any such changes must be formally
approved by the Board of County Commissioners amending the attached Exhibit A.
e. Coordinate with the Weld County Treasurer's Office Bright Futures Administrative
Liaison. The Liaison will handle the administrative functions of providing the tax
credits associated with donations to Bright Futures.
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f. The Foundation shall utilize the payments from Weld County to pay for the
administrative expenses of the Bright Futures program. The payments for
administrative costs and expenses shall not exceed the approved annual budget for the
Bright Futures program as approved annually by the Weld County Treasurer's Office
Bright Futures Administrative Liaison.
g•
Develop and gain approval from the Board of County Commissioners for an annual
income and expenditure budget for the Bright Futures program.
h. Prepare and submit grant applications as opportunities are available to generate funds
for the Bright Futures program.
i. Create and oversee the implementation of a strategic approach to fundraising and
marketing to support the Bright Futures program.
J•
Provide space to house the Bright Futures program.
k. Provide the administration of any computer hardware, software, and website associated
with the Bright Futures program. Provide annual maintenance and any future upgrades
to the Bright Futures administrative application. If Weld Trust decides to replace the
administrative program, the migration of data and any other technical tasks will be the
responsibility of Weld Trust. Funding for this software provided by Weld County may
be utilized to pay for a new software platform,
1. In the event of a termination of this Agreement, Bright Futures program resources, such
as website, marketing materials, equipment, computers, software etc. purchased with
Bright Futures funds under this Agreement shall revert to Weld County.
m. For transition, the current Bright Futures Board members shall be appointed to an
advisory committee of the Weld Trust. Once established on a permanent basis the
Board of Weld County Commissioners shall nominate two members and Weld Trust
shall appoint the two nominees to said educational advisory committee or group. At
no time shall the advisory committee have more than two elected officials.
2. DUTIES OF COUNTY: County shall perform the following duties:
a. Provide the funding for the Bright Futures student grants from the funds earmarked in
the Weld Trust in accordance with the September 30, 2019 Restricted Fund Agreement
between County and Weld Trust, donations and other County funds dedicated to the
program.
b. Annually approve a budget for the Bright Futures program, which provides for the
reimbursement of cost of salary and fringe benefits for Weld Trust employees assigned
to do Bright Futures functions, and other out-of-pocket costs for the Bright Futures
program expenses incurred by Weld Trust.
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c. Fund the tax credits granted to donors paying Weld County property taxes in
accordance with SB 15-82.
d. Weld County Treasurer's Office shall designate and provide a Bright Futures
Administrative Liaison. The Liaison will handle the administrative functions of
providing the tax credits associated with donations to Bright Futures, and deposit of
donations into the student grant fund as outlined above.
e. Assist the Foundation and the Weld Trust in the marketing and fundraising for the
Bright Futures program as reasonably requested by the Foundation and the Weld Trust.
f. Assist Weld Trust in obtaining the transfer of grants from the Upstate Colorado
Economic Development Corporation to the North Colorado Medical Center
Foundation.
g. If there are any shortfalls in the Bright Futures program, consider the funding of such
shortfall in the Bright Futures program once the Funds set forth in Section 1 above have
been exhausted if requested by the Weld Trust or the NCMC Foundation.
Alternatively, the Weld Trust may use some of the Weld County funds to supplement
any such shortfalls.
3. TERM AND TERMINATION: This Agreement shall commence on April 1, 2021 and
shall continue for a term of one ( l) year. Thereafter, this Agreement shall renew
automatically for successive one (1) year periods. Either Party may terminate this
Agreement voluntarily upon sending notice to the other Party received at least one hundred
and eighty (180) days prior to the anticipated date of termination. Breach by either Party
may result in the other Party terminating upon sending notice to the other Party received at
least ten (10) days prior to the anticipated date of termination. Upon termination of this
Agreement, all Bright Futures equipment, and resources, such as website, marketing
materials, office and computer equipment, and software, revert back to and shall be
delivered to County.
4. INSURANCE: Weld Trust shall provide for personal property insurance for all property
associated with the Bright Futures program and provide liability coverage for the Bright
Futures program and associated employees.
5. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the original
intent of the Parties hereto.
6. NO THIRD PARTY BENEFICIARY 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
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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.
7. MODIFICATION AND BREACH: This Agreement contains the entire agreement and
understanding between the Parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No modification,
amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed
valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the
undersigned Parties. No breach of any term, provision, or clause of this Agreement shall
be deemed waived or excused, unless such waiver or consent shall be in writing and signed
by the Party claimed to have waived or consented. Any consent by any Party hereto, or
waiver of, a breach by any other Party, whether express or implied, shall not constitute a
consent to, waiver of, or excuse for any other different or subsequent breach.
8. NO ASSIGNMENT: Neither Party may assign this Agreement without the consent of the
other Party.
IN WITNESS WHEREOF, the parties hereto have signed this Amendment on the date set
forth above.
ATTEST:
.4f`..dgo-ok.
COUNTY OF WELD, a political
Weld County Clerk to the Bo . rd subdivision of the State of Colorado
By:
Steve Moreno, Chair MAR 2 2 2021
Board of Coun Commissioners
of the County Weld
By:
Jearlson, Bo rd Executive director
The Weld Trust, alorado nonprofit
corporation
By:
n, Board Executive
North?olorado Medical Center Foundation,
Inc., a Colorado nonprofit corporation
EXHIBIT A
Bright Futures Program Requirements
REQUIREMENTS
• Weld County resident
• Graduated from a Weld County high school and had to have attended the Weld County high
school the last two years prior graduation
• Obtained a GED within the last two years while being a Weld County resident
• Stay Enrolled at your higher education institute or training program
• Maintain a 2.0 cumulative GPA
• FAFSA
• 16 hours of community service in Weld County
• The grant must be started within 2 years of GED or graduation and completed within 6 years
GEOGRAPHIC REGION
All Bright Futures grant recipients must attend Title IV institutions within Colorado and its surrounding
states which includes Nebraska, Kansas, Oklahoma, New Mexico, Arizona, Utah and Wyoming.
DEADLINE — May 15th. All requirements must be complete by the deadline.
MANDATORY MEETING EXPLAINED - For First Year Applicants ONLY
Bright Future applicants are required to attend the Mandatory Meeting held at their High School each
fall or early spring.
This is a one-time requirement, typically met in a student's senior year of high school. The Bright Futures
team works diligently to provide this presentation during the school day at the schools.
You must tell Bright Futures you have attended or viewed the Mandatory Meeting through the online
student portal. Click on the Programs Tab, choose Mandatory Meeting and select the date you attended
the meeting.
DISPERSMENT OF FUNDS
Bright Futures will pay up to $1,000 per semester toward tuition and mandatory fees only.
Depending on your financial aid package, it is possible that you may receive less than $1,000 but still
have a balance with your school for books, room & board, lab fees, or other expenses not covered by
Bright Futures.
Due to the timing of the last dollar in pay out, it is highly recommended that students set up a
payment plan to avoid any late fees and / or dropped classes. Funds are not disbursed until after the
school invoices us following their census date.
Many schools work with Bright Futures to confirm enrollment through electronic data files. These
schools also invoice Bright Futures electronically. Students who attend a school that does not
provide electronic data files and invoices must upload schedules that include credit hours and an
itemized tuition statement that shows a breakdown of tuition, mandatory fees, and other financial
aid received.
APPEALS PROCESS
For students that would like to make an appeal to the Bright Futures Appeals Committee, here are a few
guidelines to assist in the process. If you have questions, please contact us
at helloPbrightfuturesco.com.
Deadlines
The Bright Futures Appeals Committee typically denies any appeal due to a missed deadline of any
kind. That includes missed deadlines to upload required documents such as transcripts, enrollment
status, volunteer hours, FAFSA completion or any other required documents stated on the Bright
Futures application. Excuses for missed deadlines such as work responsibilities, illness, or other personal
issues will not be considered as a valid reason for missed deadlines. Don't procrastinate! Complete all
required application steps and uploads of required data in a timely manner. Do not wait until the
deadline date to complete uploads as the Bright Futures staff may not be able to solve your last-minute
issues.
GPA Requirements
The Bright Futures program is a workforce initiative. Making progress towards a certificate or degree
program is essential to the success of Bright Futures. Passing grades are an important part of successful
program completion. The Bright Futures initiative requires students to maintain a GPA of 2.0 or higher. A
GPA lower than 2.0 will result in loss of funds. Appeals from students asking for Bright Futures Funds
with a GPA lower than 2.0 are rarely approved. Extreme personal circumstances that result in a
student's low GPA such as a family tragedy or a debilitating illness may warrant an appeals letter.
However, those types of personal circumstances that resulted in poor academic performance do not
automatically guarantee that an appeal will be approved.
Volunteer Work
Bright Futures recipients are required to complete required volunteer hours within Weld County. Should
a student be unable to complete their volunteer service hours in Weld County, every effort should be
made to work long-distance with a Weld County organization to satisfy the requirement. Students
should keep records showing documentation of deliberate efforts to contact and work with Weld
County organizations for volunteer hours. Specific names, dates, and other pertinent information
regarding those Weld organizations that have been contacted should be included in the appeals letter.
Students requesting volunteer hours outside of Weld County should get approval for those hours prior
to completing the volunteer work, or the student risks those volunteer hours outside of Weld not
counting for the Bright Futures program. If a student is granted a waiver to complete volunteer hours
outside of Weld, the waiver should be included with the Community Service Form that is uploaded to
the Bright Futures portal.
Appeals Process
Keep in mind that the Bright Futures Appeals Committee wants you to be successful and will be
objective when reading your appeal. The Bright Futures program has a goal to help workforce
development through funding for post -secondary training. The committee wants to help students meet
that goal through the completion of training programs. However, applicants must strictly follow all
Bright Futures guidelines. Any names stated in the appeal are redacted from documents so the letters
read by the Appeals Committee are anonymous. All letters of appeal should be submitted utilizing the
process in the eScholarship system. Applicants will be notified of the Appeals Committee's decision
within the appeal section of their Bright Futures account.
Guidelines for Letters of Appeal
For Bright Futures applicants wanting to write a quality appeal letter that seeks to have approval for
Bright Futures funds that have been denied, here are some suggestions.
• In the first paragraph, state the reason you are writing the letter. The explanation should
be short and to the point.
• The second paragraph should state what has happened and why your situation is unique.
Make sure to include all of the circumstances that explain your personal situation. Refer to
the guidelines on the Bright Futures website so show that you understand the issue(s) that
the committee must consider. Include specific details of the things you have done or will do
in the future to correct the situation. Add any relevant times and dates. If applicable, your
appeal should refer to any testimonials provided in any separate letters of support that you
have submitted along with the appeal. Letters of support from people such as a teacher,
doctor, or family member can confirm and help explain your particular extenuating
circumstances.
• Paragraph three should simply summarize your personal situation, restating the important
points and what you are doing to correct the situation. Finish the paragraph by thanking
the committee members for their time and their consideration.
WELD COUNTY BRIGHT FUTURES PROGRAM AGREEMENT
APPROVED AS TO SUBSTANCE:
APPROVED AS TO FU DING:
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APPROVED AS TO FORM:
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