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Home My WebLink About20171708.tiffRESOLUTION RE: APPROVE DEVELOPMENT AND IMPLEMENTATION AGREEMENT FOR BRIGHT FUTURES PROGRAM AND AUTHORIZE CHAIR TO SIGN - GREELEY/WELD COUNTY ECONOMIC DEVELOPMENT ACTION PARTNERSHIP, DBA UPSTATE COLORADO ECONOMIC DEVELOPMENT 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 a Development and Implementation Agreement for the Bright Futures Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Treasurer's Office, and the Greeley/Weld County Economic Development Action Partnership, dba Upstate Colorado Economic Development, commencing June 1, 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 Development and Implementation Agreement for Bright Futures Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Treasurer's Office, and the Greeley/Weld County Economic Development Action Partnership, dba Upstate Colorado Economic Development, 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 5 day of June, A.D., 2017, nunc pro tunc, June 1, 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:d ) W, jelto;eA Weld County Clerk to the Board Steve Moreno, Pro-Tem BY: / • X51 ... eputy Clerk to the Boar • °�1 C Sean P. Conway oun � Attorney Date of signature: Col 19//7 cc.• (3GCTT/SC23,Ca,Cea), FZCOw),-rRC5L/m7) era©/( -7 I EXCUSED o: ike Freeman Barbara Kirkmeyer 2017-1708 TR0029 WELD COUNTY BRIGHT FUTURES PROGRAM DEVELOPMENT AND IMPLEMENTATION AGREEMENT THIS AGREEMENT is made and entered into thisQ day of$t 2017, 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 Greeley/Weld County Economic Development Action Partnership, Inc. (d/b/a Upstate Colorado Economic Development), whose address is 822 7m Street, Suite 550, Greeley, CO 80631, hereinafter referred to as, "Upstate." Individually, County and Upstate 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 institutions or certified training programs; 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 decades of economic growth and prosperity in Weld County, and WHEREAS, Upstate desires to assist the County in the administration, fundraising and marketing of Bright Futures, and WHEREAS, County is agreeable to said assistance by Upstate 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. DUTIES OF UPSTATE: Upstate shall perform the following duties: a. Administer Bright Futures in accordance with the terms and conditions set forth in this Agreement. b. Employ a Bright Futures Director, who shall be responsible for the administration, fundraising and marketing of Bright Futures. Said Director shall have a marketing and fundraising background. County and the Bright Futures Board shall have input into the selection of the Director. He or she shall act as Secretary to the Bright Futures Board in accordance with the Bright Futures Board's Bylaws. The Bright Futures Board shall operate under the organizational umbrella of Upstate under the 2017-1708 1 administrative direction of the President/CEO of Upstate. However, the Bright Futures Board shall be autonomous from the Upstate Board of Directors. c. Employ adequate personnel to administer Bright Futures. Such personnel shall be employees of Upstate, not County. Grievances of such employees shall be to Upstate, not the Bright Futures Board. 2. DUTIES OF BRIGHT FUTURES BOARD OF DIRECTORS: Bright Futures Board of Directors shall perform the following duties: a. Seek approval by the Board of County Commissioners for any Bright Futures program policy change that has a budgetary impact. b. Work with the Weld County Treasurer's Office Bright Futures Administrative Liaison. The Liaison will handle the administrative functions of providing the grants for student use and tax issues, such as student enrollment, payments, and tax credits, and will attend Bright Futures Board meetings to report on the status of the program and seek necessary policy direction from the Bright Futures Board. c. Create and oversee the implementation of a strategic approach to fundraising and marketing to support Bright Futures, which shall include the following aspects: Marketing • Identify, define and acquire funding resources available to Upstate for Bright Futures. • Design and implement of a comprehensive development program and appropriate marketing strategies. • Prepare regular reports on progress, budgets, receipts and expenditure related to fundraising and the management of the fund development activities. • Monitor expenses and analyze budget reports on fund development and recommend changes as necessary. • Develop a comprehensive communication plan to promote the organization to its donors and maximize public awareness of the fundraising activities of the organization. • Coordinate the design, printing and distribution of marketing and communication materials for development efforts. • Build relationships with community stakeholders to advance the mission and fundraising goals of the organization. Fundraising • Create a fund raising development plan which increases revenues to support the strategic direction of Bright Futures. 2 • Design and implement and/or maintain a structured fund-raising program as an aspect of Bright Futures overall program and as economic resource development. • Implement the fund raising development plans in accordance with ethical fundraising principles. • Monitor and evaluate all fundraising activities to ensure that the fundraising goals are being achieved. • Monitor trends in the community or region and adapt fundraising strategies as necessary. • Develop and manage timelines for various fundraising activities to ensure strategic plans and critical fund raising processes are carried out in a timely manner. • Prepare and submit grant applications as outlined in the fund development plan to generate funds for the organization. • Oversee the planning and execution of special fundraising events generate funds for Bright Futures. • Identify and develop corporate, community and individual prospects for the organization's fundraising priorities. • Oversee the administration of a donor mailing list and database which respects the privacy and confidentiality of donor information. • Develop and gain approval for an annual income and expenditure budget for Bright Futures 3. DUTIES OF COUNTY: County shall perform the following duties: a. Provide space free of charge in the Chase Building at 822 7"' Street, Suite 215, Greeley, CO, for lease by Upstate to house Bright Futures. b. Provide all necessary office and computer equipment, software, and any other office needs free of charge. c. Pay to Upstate annually a fifteen -percent (15%) overhead fee equal to fifteen -percent (15%) of the cost of salary and fringe benefits for Upstate employees assigned to do Bright Futures functions. d. Reimburse Upstate for all out-of-pocket costs for Bright Futures expenses. e. Annually approve the budget for the Bright Futures program. 4. TERM AND TERMINATION: This Agreement shall commence on June 1, 2017, and shall continue for a term of one (1) 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 sixty (60) 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 3 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. 5. INSURANCE: Upstate shall pay for personal property insurance for all contents of Conference Room A. Insurance for the building and premises shall be paid for by County. 6. 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. 7. 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 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. 8. 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. 9. NO ASSIGNMENT: Neither Party may assign this Agreement without the consent of the other Party. 4 IN WITNESS WHEREOF, the parties hereto have signed this Amendment on the date set forth above. ATTEST: WaitILIW Ja Weld County Clerk to the Board By: Deputy Cler ' to e Boar APPROVED AS Controller O FAIINDIN APPROVED AS TO FORM: County Attorney 5 Upstate Colorado Economic Development, Inc. By: paZ-----I--------a-, Richard Werner, President and CEO COUNTY OF WELD, a political subdivision of the State of Colorado By: Ali) Julie A. Cozad, Chair 0 5 2017 Board of County Comm ssioners of the County of Weld APPROVED AS TO SUBSTANCE: lected Official or Department Head 020/7-/7ol ') Hello