HomeMy WebLinkAboutC17-340 Colorado Department of Higher Education - NOT FULLY EXECUTEDRoutine # CMS #
STATE OF COLORADO
Colorado Department of Higher Education
Grant Agreement
with
Colorado Mountain College Foundation and Eagle County
TABLE OF CONTENTS
1.- PARTIES................................................................................................................................................1
2.EFFECTIVE DATE AND NOTICE OF NONLIABILITY.....................................................................
].
3. RECITALS..........................................................................................................
____ ............. 1
4. DFFINITIONS .-_._.-:................................................................................................................................2
5. TERM and EARLY TERMINATIO7N...............................................................................................
• • • _ 3
6. S'1ATEMEN 1' OI; WORK.__ ............... .......
-•------ •-•• •-• •----....4
7. PAYMENTS TO GRANTEE ............... .....--... -• • • •....................................................4
8. REPO.RT:I.NG -NOTIFICATION.............................................................................................................5
9. GRAN'T'EE RECORDS........................................................................................................................6
10. CONFIDENTIAL INFORMATION -STATE RECORDS .....................................................................6
11. CONFLICTS OF INTERES 1'................................................................................................
7
12. REPRESENTATIONS AND WARRANT:lES.......................................-------
.--................... .......... 7
13. 1NSURANCF......................................................................... ........ ..........
.._.............................8
14. BREACH.............. .... ____ ........... __ ......... ......... ........................ ........................
15. REMEDIES..................................................................................................................•
......9
1.6. NOT] CFS and REPR FSENTA TI VES ................................................................................................
11
17, RIGHTS IN DATA, DOCUMENTS, AND COW'UTER SOFTWARE. ..........
.. 12
18. GOVERNMEN 1'AL IMM UN ITY.......................................................
...12
1.9. STATEWIDE GRANT MANAGEMENT SYSTEM__. ... ...........
........................... 12
20. GENERAL PROVISIONS............ ... __ ........ ......... ....................... .................
.......... 1.2
21. COLORADO SPECLAL PROVISION,S................................................................
...14
22. SIGNATURE PAGE..........................................................................•------------
.......................... 17
EXI IIBIT A — STATEMENT OF WORK •••............................................................................
A-1
EXHIBIT B —ANNUAL BUDGET .... ........................ ....... ........................ ..................••••-••••-•
.... -.........-..B-1
EXH11ITC -- GRAN'T'EE RFPORT. ...................................................
....... .._...•-• ••• C -I
EXHIBIT D — COMMITMENT LETTER...............................................................................................D-1
I. PARTIES
This Grant Agreernent (hereina ler celled "Grana.'') is entered into by and among Colorado Mountain Col Icgc
Foundation (hereinafter called "Grantee"), Eagle County (hereinafter called "County"), and the STATE OF
COLORADO, acting by and through the Colorado Depar m.ent of 111ghcr Education on behalf of the Colorado
Opportunity Scholarship Initiative (hereinafter called the "State" or "CDH!✓'').
2. FFFEC`l'IVE DATE AN�rII NOTICE OF NONLUBILITY.
This Grant sliall- not be effective or enforceable until if. is approved and signed by the Colorado State Controller
or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimb�Lrse Grantee
for any performance hereunder, including, but not limited to costs or expenses incurred. or be bound by any
provision hereof prior to the Effective Date.
3. RECITALS
A. Authority, Appropriation, and Approval
Authority to enter into this Grant exists its C.R.S. § 23-3.3•-1001 • el see_ and funds have been budgeted,
appropriated and otherwise made available pursuant to C_R.S. § 23-3.3-1605 and a. sufficient
unencumbered balance thereof remains available for payment. Required approvals, clearance and
coordination have been accornpiished from and with appropniatc agcijcics-
Rei 611/2016
C 17-340
B. Consideration
The Parties acknowledge that the mutUal proruises and covenants contained herein and other good and
valuable consideration arc sufficient and adequate to support this Grant.
C. Purpose
`l,his Grant Agreement addresses the second phase of the Scholarship Initiative, w -bleb is to build a
scholarship hind leveraged by matching binds from nonprofit and private donors designed to incentivize
increased scholarship giving in the State of Colorado, Thcse dollars are intended to complement the
scrvices offered by student support programs that received funding during the first phase of the Scholarship
Initiative, and to expand upon other student support services in the state.
(-rant awards for matching student scholarships are intended to generate greater availability of scholarship
dollars for Colorado students demonstrating need, promote scholarship programs that include st«dent
support services, encourage conununit.ies to create or leverage foundations that assist students vv'ith the
costs of higher education and encourage pursuit of a degree or credential, and to align tuition assistance
programs with workforce devcIoprnent programs.
The Scholarship Initiative shall distribute grants for matching student scholarships to entities committed
and able to provide ma.tchirag f'und.s, and n.ot directly to StUdents. Grants wil.1 be awarded in three specific
categories: County -based grants, Institution of Higher Education Grants, and Workforce Development
grants, Criteria for matching student scholarships in each of the three categories will be determined and
published annually in the initiative's request for proposal for matching student. scholarslaip grants.
The County is a grant recipient in the COLIT.atV-Based category of matching studcn..t scholarship grants. Per
the County's response to the initiative's request for proposal for matching student scholarship grants, herein
incorporated by reference, the County has designated Grantee to receive and administer Grant Funds
designated to provide student tuition assi.stancc in the Fagl.c County areas. C17J IES the County, and Grantee
agree that (i) Grantee will receive and administer sUch Grant. Funds in accordance with all requirements of
8 CCR 1504-9, (ii) G-rantee will provide those Services described in Exhibit A, the Statement of Work (iii)
Grantee will. contribute matching funds in an amount equivalent to the amount provided by the State, up to
the maximum a nount set forth in §7.4., and (ivy) Grantee will timely provide proof of matching hinds prior
to disbursement of funds by the State using the commitment letter; attached as Exhibit D.
D. References
All references in this Grant to sections (whether spelled out or Lasing tlae § symbol.), subsections, exhibits or
other attach7nents, are references to sections, subsections, exhibits or other attachments contained herein or
in..corporated as a part hereof. unless othervv-ise noted.
4. DEFINITIONS
The follow7nQ terms as used herein shall he construed and interpreted as follows:
A. Budget
"Budget" means the budget for the Work described in Exhibit A.
R. Evaluation
"Evaluation"' means the process of exaanining Grantee's Work and rating it based on criteria established in
§6 and Exhibit A.
C. Exhibits and other Attachments
The following are attached ]acrcto and incorporated by reference herein. Exhibit A (Statement of Work).
Exhibit B (Annual Budget), l xhibit C (Grarntce Report), and Exhibit l3 ((",onimitrnent I - etter).
D. Fiscal Year or FY
"Fiscal Year" or "f, Y" means the State's fiscal year, which begins on .luly I of each calendar year and ends
on June 30 of the fol.l.owin.g calendar year.
E. Goods
"Goods" means tangible materia]. acquired, produced, or delivered by Cxrantcc cithcr separately or
conjunction with the Services Grantee renders hereunder.
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"Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
F. Grant
"Grant" means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference
under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references
incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies.
G. Grant Funds
"Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant.
H. NTatching Funds
"Matching Funds" means scholarship funds raised by Grantee to satish, the 1.:l funding mateb required by
8 CCR 1504-9 §2.04. Qualifying funds shall be funds that are raised or designated by Grantee specifically
to satisfy the 1.:1 contribution requirement for the purposes of this Grant and fiends that were not previously
directly or indirectly used to support existing scholarships.
I. Party or Parties
"Party" means the State or Grantee and "Parties" means both the State and Grantee.
J. Program.
"Program" means the Colorado Opportunity Scholarship Initiative grant program that provides the funding
for this Grant.
K Review
"Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in
accordance with the criteria established in §6 and Exhibit A.
L. Services
"Services" means the required services to be performed by Grantee pursuant to this Grant.
M. Subgrantee
"Subgrantee" means third -parties, if any, engaged by Grantee to aid in performance of its obligations.
N. Tuition Assistance
"Tuition Assistance" means financial assistance to an eligible student of an eligible institution, including
such financial assistance as is necessary to pay the costs of tuition, fees, books. housing, food, and
transportation.
0. Work
"Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhiinit A, including the performance of the Services and delivery of the Goods.
P. Work Product
"Work Product" means the tangible or intangible results of Grantee's Work, including. but not limited to.
software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents,
drawings, models, surveys, maps, materials, or work product of any type, including drafts.
5. TERM
A. Initial Term -Work Commencement
The Parties respective performances under this Grant shall commence on the (affective Date. This Grant
shall terminate .Tune 30, 2014 unless sooner terminated or further extended as specified elsewhere herein.
B. Two Month Extension
The State, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend
the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement
Grant (and not merely seeking a term extension) at or near the end of any initial temp or any extension
thereof. The provisions of this Grant in effect when such notice is given, including, but not limited to
prices, rates, and delivery requirements, shall remain in effect during the two month extension. The two-
month extension shall immediately terminate when and if a replacement Grant is approved and signed by
the Colorado State Controller.
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6. STATEMENT OF WORK
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibit A on or
before June 30, 2019. The State shall not be liable to compensate Grantee for any Work performed prior to
the Effective late or after the terrnination of this Grant.
B. Goods and Services
Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the
State.
C. Employees
All persons employed by Grantee or Subgrantees shall be considered Grantee's or Subgrantees'
employce(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result
of this Grant.
7. PAYNIENTS TO GRANTEE
The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the
methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is $40,118.00, as determined by the
State from available funds. Grantee agrees to provide any additional funds required for the successful
completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as
set forth in Exhibit A. The maximum amount payable by the State to Grantee during each State fiscal year
of this Grant shall be:
519,557.53 in FY 2017/2018
$20,560.47 in FY 2018/2019
B. Payment
L Advance, Interim and Final Payments
Any advance payment allowed under this Grant or in Exhibit A shall comply with State Fiscal Rules
and he made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any
payment requests by submitting invoices to the State in the form and manner set forth and approved by
the State.
iii. Interest
The State shall fu ly pay each invoice within 45 days of receipt thereof if the amount invoiced
represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by
the State within 45 days may, if Grantee so requests, hear interest on the unpaid balance beginning on
the 46th day at a rate not to exceed one percent per month until paid in full; provided. however, that
interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall
invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the
delinquent payment, the number of day's interest to be paid and the interest rate.
iii. Available Funds -Contingency -Termination
The State is prohibited by law from making fiscal commitments beyond the term of the State's current
fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State
appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are
used Nvith this Grant in whole or in part, the State's performance hereunder is contingent upon the
continuing availability of such funds. Payments pursuant to this Grant shail be made only from
available funds encumbered for this Grant and the State's liability for such payments shall be litrited
to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or
otherwise become unavailable to fund this Grant, the State may immediately terminate this Grant in
whole or in part without further liability in accordance with the provisioils herein.
iv. Erroneous Payments
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At the State's sole discretion, payments made to Grantee in error for any reason, including, but not
limited to overpaynnents or improper payments, and unexpended or excess funds received by Grantee,
may be recovered from Grantee by deduction from subsequent payments under this Grant or other
Grants, grants or agreements between the State and Grantee or by other appropriate methods and
collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the
State.
v. Invoice Schedule
The State will disburse Grant Funds to Grantee according to the invoice schedule, attached as Exhibit
B. Disbursements according to the invoice schedule are contingent on the Grantee's ability to raise
matching funds for the purpose of this Grant. Payments of Grant Funds per the invoice schedule will
not be administered until proof of funds (Exhibit II) has been received to the satisfaction of CDi IF,
The invoice schedule will reflect that matching funds provided by Grantee shall be used prior to the
distribution of Grant Funds for the benefit of individual students receiving scholarships.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in E.xbibit B, the Budget. Grantee
may adjust budgeted expenditure amounts up to 10% within each line item of the Budget without approval
of the State, so long as the Grantee provides CDHE with advance notice of adjustments to the Budget in
writing. Adjustments in excess of 10% shall be authorized by the State in an amendment to this Grant. The
State's total consideration shall not exceed the znaxinaum amount shown herein.
D. Matching Funds
Grantee shall provide matching funds on a 1:1 basis as stated in Exhibit B and 8 CCR 1504-9 §2.04.1 .1, up
to the inaximum. amount set forth in §7.A. Grantee shall report to the State regarding the fundraising status
of such funds using the commitment letter, attached as Exhibit D.
8. REPORTING - NOTIFICATION
Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in
such form as prescribed by the State and in accordance with §19, if applicable.
A. Performance, Progress, Personnel, and Funds
Grantee shall submit a report to the State upon expiration or before termination of this Grant, containing an
Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In
addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit A.
B. litigation Reporting
Within 10 days after being served with any pleading in a legal acti oil filed with a court or administrative
agency, related to this Grant or which znay affect Grantee's ability to perform its obligations hereunder,
Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal
representative as identified herein. If the State's principal representative is not then serving, such notice and
copies shall be delivered to the Executive Director of CD11E.
C. Performance Outside the State of Colorado and/or the United States
[Nut applicable if Grant Funds include an'v fieder�al.fundsl Following the Effective Date, Grantee shall
provide written notice to the State, in accordance with §16 (Notices and Representatives), within 20 days
of the earlier to occur of Grantee's decision to perform, or its execution of an agreement with a Subgrantee
to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the
type of Services to be performed outside the State of Colorado and/or the tJnited States and the reason why
it is necessary or advantageous to perform such Services at such location or locations. All notices received
by the State pursuant to this §8.0 shall be posted oil the Colorado Department of Personnel &
Administration's website. Knowing failure by Grantee to provide notice to the State under this §S.0 shall
constitute a material breach of this Grant.
D. Noncompliance
Grantee's failure to provide reports and notify the State in a timely manner in accordance with this §8 may
result in the delay of payment of funds and/or termination as provided under this Grant.
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E. Subgrants
Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be
submitted to the State or its principal representative upon request by the State. Any and all Subgrants
entered into by Grantee related to its performance hereunder shall comply with all applicable federal and
state laws and shall provide that such Subgrants be governed by the laws of the State of Colorado.
R. GRANTEE RECORDS
Grantee shall make, keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall make; keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not
limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record
Retention Period) until the last to occur of the fol Iowing: (i) a. period of three years after the date this Grant
is completed or terminated, or (H) final payment is made hereunder, whichever is later, or (iii) for such
further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or
Grantee has received notice that an audit is pending, then until such audit has been completed and its
findings have been resolved (the "Record Retention Period").
B. Inspection
Grantee shall permit the State, the federal government and any other duly authori7.cd agent of a
governmental agency to audit, inspect, examine, excerpt, copy and.!or transcribe Grantee's records related to
this Grant during the Record Retention Period for a period of three years following termination of this
Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to
evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable
times and places during the term of this Grant; including any extension. if the Work fails to conform to the
re qu i rern c n ts of this Grant, the State may require Grante c promptly to bring the Work into conformity with
Grant requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re -
performance or other corrective measures, the State maxi require Grantee to take necessary action to ensure
that future performance conforms to Grant requirements and exercise the remedies available under this
Grant, at law or inequity in lieu of or in conjunction with such corrective measures.
C. Monitoring
Grantee shall permit the State, the federal government, and other governmental agencies having
jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of
this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures,
examination of program data, special analyses, on-site checking, formal audit examinations, or any other
procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly
interfere with Grantee's performance hereunder.
D. Final Audit Report
If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this
Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the
address specified herein.
14. CONFIDENTIAL INFORMATION -STATE RECORDS'
Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information, includes. but is not necessarily limited to,
state records, personnel records, and information concerning individuals.
A. Confidentiality
Grantee shall keep all State records and information confidential at all times and to comply with all laws
and regulations concerning confidentiality of information. Any request or demand by a third party for State
records and information in the possession of Grantee shall be immediately forwarded to the State's
principal representative.
Page 6
B. Notification
Grante c shall notify its agent, employees, Subgxantees, and assigns who may come into contact with State
records and confidential information that each is subject to the confidentiality requirements set forth herein,
and shall provide each with a written explanation of such requirements before they are permitted to access
such records and information.
C. Use, Security, and Retention
Confidential information of arry kind shall not be distributed or sold to any third party or used by Grantee
or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee
shall provide and maintain a secure environmentthat ensures confidentiality of all State records and other
confidential information wherever located. Confidential infortoation shall not be retained in any files or
otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State.
D. Disclosure -Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause for
legal action by third parties against Grantee, the State or their respective agents. Grantee shall indemnify,
save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability
and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any
act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to this §1Q.
11.. CONF1_.1CTS QF iNTERFST
Grantee shall not engage in any business or personal activities or practices or maintain any relationships which
conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that
with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. Absent
the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that
reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. if a
conflict or appearance exists, or if Grantee is uncertain whether a confl ict or the appearance of a conlEct of
interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in
regard to the apparent conflict constitutes a breach of this Grant.
12. REPRESENTATIONS ANIS WARRANTIES
Grantee makes the following specific representations and warranties, each of which was relied on by the State in
entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and
diligence in the industry, trades or profession and in the sequence and manner set Forth in this Grant.
B. Legal Authority — Grantee and Grantee's Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions
required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully
authorize its undersigned signatory to execute this Grant, or any part thereof.. and to bind Grantee to its
terns. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter
into this Grant within 15 days of receiving such request.
C. Licenses, Permits, Etc.
Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term
hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other
authorization required by Iaw to perform its obligations hereunder. Grantee warrants that it shall maintain
all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to
properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds.
Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all
required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation
or other foreign entity transacting business in the State of Colorado, further warrants that it currently has
obtained and shall maintain any applicable certificate of authority to transact business in the State of
Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation,
withdrawal or non -renewal of licenses, ccrtifications, approvals, insurance, permits or any such similar
Page 7
requirements necessary for Grantee to properly perform the terms of this Grant shall he deemed to be a
material breach by Grantee and constitute grounds for termination of this Grant.
D. Signatures/E-delivery
Electronic and scanned signatures shall have the same legal effect and can be enforced in the same way as
a written signature shall constitute effective execution and delivery of this Agreement as to the Parties and
ma.y be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by
facsimile shall be deemed to be their original signatures for all purposes.
13. INSURANCE
Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during
the term of this Grant: Al] policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to Grantee and The State.
A. Grantee
i. Public Entities
If Grantee is a. "public entity" Nvitlain the meaning of the Colorado Governmental Immunity Act; CRS
§24-10-101, et seq., as amended (the "GIA"), then Grantee shall maintain at all times during the term
of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet
its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if
requested by the State. Grantee shall require each Giant with Subgrantees that are public entities,
providnng Goods or Services hereunder. to include the insurance requirements necessary- to meet
Subgrantee's liabilities under the GIA.
ii. Non -Public Entities
If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain
during the term of this Grant insurance coverage and policies meeting the same requirements set forth.
in §13(B) with respect to Subgrantees that are not "public entities".
B. Grantee and Subgrantees
Grantee shall require each Grant vvith Subgrantees, other than those that are public entities, providing
Goods or Services in connection with this Grant, to include insurance requirements substantially similar to
the following:
iii. Worker's Compensation
Worker's Compensation insurance as required by State statute, and Employer's Liability Insurance
coverirng all of Grantee and Subgrantee employees acting within the course and scope of their
employment.
iv. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 14193 or
equivalent, covering premises operations, lire damage, independent contractors, products and
completed operations, blanket contractual liability, persona] injury. and advertising liability with
minimum limits as follows: (a) $1,000.400 each occurrence; (b) $1,000,000 general aggregate; (c)
$1.000,000 products and completed operations aggregate; and (d) $50.000 any one fire. If any
aggregate limit is reduced below $1,000,000 -because of claims made or paid, Subgrantee shall
immediately obtain additional insurance to restore the full aggregate limit and furnisla to Grantee a
certificate or other document satisfactory to Grantee showing compliance with this provisioil.
`. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with.
a minimum limit of $1,000,000 cacb accident combined single limit.
vi. Additional Insured
(grantee and the State shall be named as additional insured on the Commercial General Liability and
Automobile Liability Insurance policies (leases and construction Grants require additional insured
coverage for completed operations on endorsements CG 2010 11185, CG 2037, or equivalent).
vii. Primacy of Coverage
Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance
program carried by Grantee or the State.
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viii. Cancellation
The above insurance policies shall include provisions preventing cancellation or non -renewal without
at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in.
accordance with §16 (Notices and Representatives) within seven. days of Grantee's receipt of such
notice.
ix. Subrogation Waiver
All insurance policies in any way related to this Grant and secured and maintained by Grantee or its
Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of
recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions;
organizations; officers; agents, employees, and volunteers.
C. Certificates
Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to
the State within seven business days of the Effective Date of this Grant. No later than. 15 days prior to the
expiration date of any such coverage, Grant cc and each S ubgrantee shall deliver to the State or Grantee
certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other
time during the teen of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of
such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this
§13.
14. BREACH
A. Refined
In addition to any breaches specified in other sections of this Grant, the failure of either Party to perfonn
any of its material obligations hereunder, in. whole or in part or in a timely or satisfactory manner,
constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or
similar law; by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of
its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof,
shall also constitute a breach.
B. Notice and Care Period
in the event of a breach, notice of such shaii be given in writing by the aggrieved Party to the other Party in
the manner provided in §16. if such breach is not cured within 30 days of receipt of written notice, or if a
cure cannot be completed within 30 days, or if cure of'the breach has not begun within 30 days and pursued
with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything
to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and
may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety
or to prevent immediate public crisis.
15. REMEDIES
If Grantee is in. breach under any provision of this Grant, the State shall have all of the remedies listed in this
§15 in addition to all other remedies set forth in other sections of this Grant following the noticc and cure period
set forth in §1.4(13). The State may exercise any or all of the remedies available to it, in its sole discretion,
concurrently or consecutively.
A. Termination for Cause and/or Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its
completion in accordance with the provisions of this Grant and in a timely manner, the State may notify
Grantee of such non-performance in accordance with the provisions herein. if Grantee thereafter fails to
promptly cure such non-performance within the cure period, the State, at its option, may terminate this
cn.tire Grant or such part of this Grant as to which there has been delay or a failure to properly perform.
Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall
continue performance of'this Grant to the extent not terminated, if any.
i. Obligations and /tights
To the extent specified in any termination notice, Grantee shall not incur further obligations or render
further performance hereunder past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all
Page 9
Work, Services and Goods not cancelled by the termination notice and may incur obligations as are
necessary to do so within this Grant's terms. At the sole discretion of the Stale, Grantee shall assign to
the State all of Crrantee's right, title, and interest under such terminated orders or subcontracts. Upon
termination, Grantee shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Grantec in which the State has an interest. All materials owned by the
State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the
option of the State, shall be delivered by Grantee to the State and shall become the State's property.
ii. Payments
The State shall reimburse Grantec only for accepted performance up to the date of termination. If. after
termination by the State, it is determined that Grantee was not in breach or that Grantee's action or
inaction was excusable, such termination shall be treated as a termination in the public interest and the
Tights and obligations of the Parties shal I be the same as if this Grant had been terminated in the public
interest, as described herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, Gra ntcc a]so shall remain liable to the State
for any damages sustained by the State by Virtue of any breach under this Grant by Grantee and the
State may withhold any payment to Grantee for the purpose of mitigating the State's damages; until
such time as the exact amount of damages due to the State from Grantee is determined. The State may
withhold any amount that may be due to Grantee as the Stag deems necessary to protect the State,
including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the
State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for
excess costs incurred by the State in procuring from third parties replacement Work., Services or
substitute (roods as cover.
B. Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor, General Assembly, and/or Courts. if this Grant ceases to further
the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part.
)Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This
subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which
shall be governed by §15(A) or as otherwise specifically provided for herein.
x. Method and Contcnt
The State shall notify Grantee of such termination in accordance with §16. The notice shall .specify the
effective date of the termination and whether it affects all or a portion of this &ant,
xi. Obligations and Rights
Upon receipt of a termination notice. Grantee shall be subject to and comply with the same obligations
and rights set forth in §15(A)(i).
x ii. Pay mcnts
If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which
bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily
performed bear to the total Services covered by this Grant, less payments previously made.
Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion
of actual out-of-pocket expenses (not otherwise reimbursed tinder this Grant) incurred by Grantee
which are directly attributable to the uncompleted portion of Grantee's obligations hereunder;
provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to
Grantee hereunder.
C. Remedies Not Involving Termination
The State, in its sole discretion, may exercise one or more of the following remedies in addition to other
remedies available to it:
xiii. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary
corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or
performance schedule. Grantee shall promptly cease performance and incurring costs in accordance
Page 10
with the State's directive and the State shall not be liable for costs incurred by Grantee after the
suspension of performance under this provision.
xiv. Withhold Payment
Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and
completed.
xv. Deny Payment
Deny payment for those obligations not performed, that due to Grantee's actions or inactions. cannot
be performed or, if performed, would be of no value to the State; provided, that any denial of payment
shall be reasonably related to the value to the State of the obligations not performed.
xv i. Removal
Demand removal of any of Grantee's employees, agents, or Subgrantecs whom the State deems
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest.
xvii. Intellectual Property
If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right
while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the
State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other
product involved with non -infringing products or modify them so that they become non -infringing; or,
(c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods,
Services, or products and refund the price paid therefore to the State.
16. NOTICES and REPRESENTATIVES
Each individual identified he low is the principal representative of the designating Party. A11 notices required to
be given hereunder shall he hand delivered with receipt required or sent by certified or registered mail to such
Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard -copy
notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from
time to time designate by written notice substitute addresses or persons to whom such notices shall be sent.
Unless otherwise provided herein, all notices shall be effective upon receipt.
A. State:
B. Grantee:
Shelley Banker
Director — Colorado Opportunity
Scholarship Initiative
Colorado Department of Higher
Education
1560 Broadway, Suite 1600
Denver, CO 80202
sliel l ey. bankergdhe.statc.ca.us
Kristin l loath Colour _.._-.-
Chief Executive Officer
Colorado Mountain College
Foundation
806 Grand Avenue
Glenwood Springs, CO. 81605
khc o 1 o n',a.co 1 oradomtm, edu
C. Eagle County:
Jill Ryan
Chair, Board of County
Commissioners
Eagle County
page 11
5000 Broadway
Eagle, CO, S 1631
'ill.ryan O-eaglecount .us
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its
obligations under this Grant shall be the exclusive property of the State and, al Work Product shall be delivered
to the State by Grantee upon completion or termination hereof The State's exclusive rights in such Work
Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative
works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose
other than the performance of Grantee's obligations hereunder without the prior written consent of the Stale.
18. G O VERN T-NIENTAL IMMUNITY
Notwitbstand ing any other provision to the contrary, nothing herein shall constitute a waiver. express or implied,
of any of the immunities. rights, benefits. protection, or other provisions of the Colorado Governmental
Immunity Act, CRS §24-1.0-101, et seq., as amended. Liability for claims for injuries to persons or property
arising from the negligence of the State of Colorado, its departments. institutions, agencies, boards, officials,
and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk
management statutes, CRS §24-30-1501, et seq., as amended.
19. STATEWIDE GRANT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date
or at any time thereafter, this §19 applies.
Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205 §24-102-206, §24-103-601,
§24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion
of Grant performance information in a statewide Grant management system.
Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
this Grant, State lav, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation
and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's
performance will be systematically recorded in the statewide Grant Management System. Areas of Evaluation
and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information
relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific
requirements of such obligations and shall include factors tailored to snatch the requirements of Grantee's
obIigations. Such performance information shall be entered into the statewide Grant Management System at
intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the
end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall
address or correct any identified problem in a timely manner and maintain work progress.
Should the final. performance Evaluation and Review determine that Grantee demonstrated a gross failure to
meet the performance measures established hereunder, the Executive Director of the Colorado Department of
Personnel & Administration (Executive Director), upon request by the CDHE, and showing of good cause, ma.y
debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation,
Review and Rating by: (a) filing rebuttal statencnts, which znay result in either removal or correction. of the
evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-1.02(6), exercising the debarment protest and
appeal rights provided in CRS §§24-1.09-106, 107, 201. or 202, which may result in the reversal of the
debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause.
20. GENERAL PROVISIONS
A. Assignment and Subgrants
Grantee's rights and obligations hereunder are personal and may not be transferred. assigned or subgranted
without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without
Paige 12
such consent shall be void. All assignments, subgrants, or Suhgrantees approved by Grantee or the State are
subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting
arrangements and performance.
B. Binding Effect
Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors,
and assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all of which shall constitute one
agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions,
deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein.
F. Indemnification -General
Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all
claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs,
incurred as a result of any act or ornission by Grantee, or its employees, agents, Subgrantees, or assignees
pursuant to the terms of this Grant; however, the provisions hereof shall not he construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the
Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the [Federal Tort Claims Act, 28 U.S.C.
2671 et seq., as applicable, as now or hereafter amended.
G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive
venue shal i be in the City and County of Denver.
H. Modification
xviii. By the Parties
Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless
agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in
accordance �Nith applicable Colorado State law, State Fiscal Mules, and Office of the State Controller
Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS -
TOOI.S AND FORMS.
xix. By Operation of Law
This Grant is subject to such modifications as may be required by changes in Federal or Colorado
State law, or their implementing regulations. Any such required modification automatically shall be
incorporated into and be part of this Grant on the effective date of such change, as if fully set forth
herein.
I. Order of Precedence
The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those
provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in
the following order of priority:
xx. Colorado Special Provisions,
xxi. The provisions of the main body of this Grant,
xxii. Exhibit A,
xxiii. Exhibit I3,
xxiv. Exhibit C,
xxv. Exhibit D.
J. Severability
Pagc 13
Provided this Grant can be executed and performance of the obligations of the Parties accomplished within
its intent, the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof.
K. Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance,
compliance, or effect after tennination hereof, shall survive such termination and shall be enforceable by
the State if Grantee fails to perform or comply as required.
L. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123 K) and from all
State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions
apply when materials are purchased or services rendered to benefit the State; provided however, that certain
political subdivisions (e.g... City of Donver) may require payment of sales or use taxes even though the
product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State
is prohibited from paying for or reimbursing Grantee for them.
M. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and
not to any third party, except that F.agle County shall be third -parte beneficiaries of this Grant. Any
services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do
not create any rights for such third parties.
N. Waiver
Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder,
whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any
subsequent breach of such tenn, provision or requirement, or of any other term, provision, or requirement.
O. CORA Disclosure
To the extent not prohibited by federal law, this Grant and the performance measures and standards under
CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS
§24-72-101, et seq.
21. COLORADO SPECIAL PROVISIONS
These Special Provisions apply to all Grants except where noted in italics.
A. 1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1).
This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
B. 2. FUND AVAILABILITY. CRS §24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon fti ds for that
purpose being appropriated, budgeted, and otherwise made available.
C. 3. GOVERNMENTAL IMMUNITY.
No term or condition of this Grant shall be construed or interpreted as a waiver; express or implied, of any
of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental
Immunity Act. CRS §24-10-101 et seq., or the Federal 'fort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et
seq., as applicable now or hereafter amended.
U. 4. INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Grantee nor any agent or employee of Grantee shail be deemed to be an agent or employee of the State.
Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation
benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or
any of its agents or employees. CJnemployment insurance -benefits will be available to Grantee and its
employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay
when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to tlus
Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, IiabiIity
or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by lav, (b) provide
Page 14
proof thereof when requested by the State, and (e) be solely responsible for its acts and those of its
employees and agents.
E. 5. COMPLIANCE WITH LAW.
Grantee shall strictly comply with all applicab] c federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. 6. CHOICE OF LAW.
Colorado lav, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this grant. Any provision included or incorporated herein by reference which
conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by
reference which purports to negate this or any other Special Provision in whole or in part shall not be valid
or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any
provision rendered null and void by the operation of this provision shall not invalidate the remainder of this
Grant, to the extent capable of execution.
C. 7. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any
provision to the contrary in this Grant or incorporated herein by reference shall be null and void.
H. S. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable tinder this Grant shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions.
Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of
public funds. If the State determines that Grantee is in violation of this provision, the State may exercise
any remedy available at law or in equity or under this Grant, including, without limitation, immediate
termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
I. 9. EMPLOYEE FINANCIAL INTERES'T'ICONFLICT OF INTEREST. CRS §§24-15-201 and 24-50-
JV 1.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Grantee's services and Grantee shall not employ any person having such known interests.
J. 10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4.
[Not applicable to in.tergovernn:ental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller
may withhold payment under the State's vendor offset intercept system for debts owed to State agencies
for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest,
or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of
the Department of 1 ligher Education; (d) amounts required to be paid to the Unemployment Compensation
Fund., and (e) other unpaid debts owing to the State as a result of final agency determination or judicial
action.
K. 11. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101.
jNot applicable to agreements relating to the offer, issuance, or sale of'.securities, investment advisory
.services or fund management services, iponNored prujectN, intergovernmental agreements, or
information technology services or products and services] Grantee certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this Grant and
will confirm the employment eligibility of all employees who are newly hired for employment in the
1lnited States to perform work under this Grant, through participation in the E -Verify Program or the State
program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly craploy or contract
with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to
certify to Grantcc that the Subgrantee shall not knowingly employ or contract with an illegal alien to
perform work under this Grant. Grantee (a) shall not use .P_. -Verify Program or State program procedures to
undertake pre-employment screening of job applicants while this Grant is being performed; (b) shall notify
Page 15
the Subgrantee and the granting State agency° within three days if Grantee has actual knowledge that a
Subgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate
the subgrant if a Subgrantee docs not stop employing or contracting with the illegal alien w=ithin three days
of receiving the notice, and (d) shall comply with reasonable requests made in the course of an
investigation; undertaken pursuant to C16 §8-17.5-102(5), by the Colorado Department of Labor and
F.mploytrent. ]f Crrantcc participates in the State program, Grantee shall deliver to the granting State
agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming
that Grantee has examined the legal work status of such employee, and shall comply with all of the other
requirements of the State program. if Grantee fails to comply with any requirement of this provision or
CRS §8-17.5-101 et serf., the granting State agency, institution of higher education or political subdivision
may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages.
L. 12. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101..
Grantee, if a. natural person eighteen (18) years of age or older, hereby swears and affirms under penalty- of
perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal
law, (b) shall comply with the provisions of C16 §24-76.5-101 et seq., and (c) has produced one form of
identification required by CRS §24-76.5-103 prior to the effective date of this Grant.
SPs Effective 3.11/09
THE REST OF THIS PAGE INTENTIONALLY LEFT BLAN7K
PEige 16
22. SIGNATURE PAGE
Grant Routing Number
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
* Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's
behalf and acknowledge that the State is relying on their representations to that effect.
GRANTEE
Colorado Mountain College Foundation
Bv: Kristin Heath Colon
Title: Chief Executive Officer
*Signhture
Date:'
COUNTY
Eagle County
By: Jill Ryan
Title: Chair, Bo auti'tv () iI sloe s
*Signature
Date- 10/10/2017
STATE OF COLORADO
John W. Hickcnlooper, Governor
Department of Higher Education
Colorado Opportunity Scholarship Initiative
By: Dr. Kim I.lunter Reed — EXeCUtive Director
Signatory avers to the State Controller or delegate that
Grantee has not begun performance or that a Statutory
Violation waiver has been requested under Fiscal Rules
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Grants. This Grant is not valid until
signed and dated below by the State Controller or delegate. Grantee is not authorized to begin
performance until such time. if Grantee begins performing prior thereto, the State of Colorado is not
obligated to pay Grantee for such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert.laros, CPA, MBA, JD
By:
For Michelle Tale, Controller, Colorado Department of Iligher Education
Catherine Olukotun, State Controller Delegate, Colorado Department of Higher Education
Date:
Page 17
EXHIBIT A — STATEMENT OF WORK
1. GRANTEE GOALS AND OBJECTIVES
1.1 Grantee Goals:
With the combined total of $80,236.00 in State allocation from COSI and matching funds provided by Colorado
Mountain College Foundation (CMCF) and Eagle County, Grantee will use these funds to aw=ard a maximum of
forty-four (44) scholarships to eligible students over two academic years. The tuition assistance will make
high,er education affordable for targeted student populations and help lower attainment gaps in postsecondary
education while encouraging continued enrollment in a postsecondary degree or certificate granting program.
Grantee will use 2.5% of the total amount of funds, $2,005.90, for administration .support.
Objective 1: Scholarships Award twenty two (22) annual scholarships, from Eagle County,
approximately $1,778 per year equaling atotaI of forty-four (44) scholarships over t,qd academic years.
This wiII be contingent on the student's academic performance, completion of college credits, and other
evidence that the student is "on track" to graduate. Awards may be renewable, tQ returning students.
Objective 2: :Student Support The Mountain Futures Fund (MFF) will support students who enter into
post -secondary education, with resources to ensure each student has the basic skills readiness, pre-
college support structures; and motivation/confidence to succeed. All COS] scholarship recipients
enrolled at CMC will have access to individualized counseling and support to help ensure their success
while enrolled until credential completion. Supports through customized feedback, college culture
support, and other CMC resources including career advising, financial aid advice and other and personal
support resources w-ilI be available to students during this time.
Objective 3: Fundraising CMC and the CMCF intend to raise the $40,118 funds from local
community supporters over a span of two years to match the funding coin mitment from COSI. All funds
raised Mll be new funds otherwise unused for scholarship purposes. In the event tuning requires it or
community fundraising is insufficient, CMC and the CMCF intend to provide the $40,118 total match
immediately by the reallocation of funds from CNIC's reserves that have otherwise not been utilized for
scholarship support.
2. GRANTEE IMPLEMENTATION PLAN
2.1 Timeline
Scholarship awards will be dispersed annually to students in fall for the 201.7-2018, and 2018-2019 academic
years.
2017-2018 22 1$1,777.96 1$39,115.05
2018-2019 22 1$1,777.96 1$39,115,05
Totals* 44 $78,230.10
3. ASSURANCES
Grantee agrees to the following Assurances:
Grantee will annually provide DHE and the Eagle County with evaluation information required by
Exhibit C.
Exhibit A -t
2. Grantee will work with and provide requested data to DHE for the Colorado Opportunity Scholarship
Initiative Matching Student Scholarship Grant within the time frames specified in the Data Use
Agreement betweern Grantee and State, to be executed simultaneously with this Grant.
3. During year one, a mandatory one -day review of grant goals mill be required for grant managers.
4. Grantee will not discriminate against any student with regard to race, gender, national origin, color;
disability, or age.
5. Grantee will provide proof of matching funds provided by Eagle County or an approved matching
partner, as outlined in Exhibit D.
6. Grant Funds will be used to provide tuition assistance dollars as defined in this Grant and Grant Funds
will be administered by the appropriate fiscal agent.
7. Funded projects will maintain appropriate fiscal and program records and fiscal audits of this program
will he conducted by the Grantee as a part of its regular audits.
S. If any findings of misuse of these Grant Funds are discovered, Grant Funds will be returned to CDHC.
9. Grantee will maintain sole responsibility for the project even though Subgrantees may be used to
perform certain services.
10. Grantee will comply with any applicable state and federal rules and regulations governing the
distribution of scholarships, including all requirements imposed by 8 CCR 1504-9.
11. Grantee will distribute Grant Funds only to Colorado students whose income is determined to be
between 0 and 100% or between 100 and 250% of the maximum permissible income for the purpose of
determining eligibility for PELL grants. Grantee agrees that, to the extent possible, scholarships will be
evenly distributed between students who are eligible for federal PELL grants and students whose
household incomes are determined to be between 100 and 250% of the maximum permissible income
for the purpose of determining eligibility for PELL grants.
12. Grantee agrees to consider the following criteria when determining a student applicant's eligibility to
receive tuition assistance: courses of study, commitment to academic achievement, work experience,
community involvement, and extracurricular activities.
13. Designated staff members will attend two, one -day leadership and best -practices symposia during each
calendar year of the grant cycle.
14. Project modifications and changes in the approved budget must be requested in writing and be approved
in writing by DHE before modifications are made to the expenditures. Grantee must contact Shelley
Banker(shelley.banker�:dhe.state.co.us, 303-974-2673) prior to making any modifications to the
approved budget.
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Exhibit A-2
EXHIBIT B — BUDGET
Summar of Bud et or FY 17-18 and 18-19
Fall 2017 — Spring 2019 tw=enty two (22) annual scholarships, from Eagle County,
$78,230.10
approximately $1,778 per year equaling a total of forty-four (4 4) scholarships over two
Match
academic vicars
Administrativ=e fees equal to 2.5% of the grant, allowable in the Request for Proposals
$2,005.90
for county -based grants.
The State will disburse Grant Funds to Grantee according to the invoice schedule below, The invoice schedule
is contingent on the Grantee's ability to raise 1:1 matching funds for the purpose of this Grant. Payments from
the State per the invoice schedule w=ill not be administered until proof of funds (using the template attached as
Exhibit D) has been received. The invoice schedule shall first outline the use of matching funds, prior to the
distribution of state funds for the benefit of individual students receiving scholarships. The Grant start date will
be the effective date. The Grant termination date will be June 30, 2019. The State intends to administer one (1)
payment in FY 2017-2018, and. one (1) payments in FY 2418-2419.
Proposed Invoice Schedule
Month
Year
CDHE Amount
Match
Source
Amount
JUL
2417
$19,557.53
Grantee Match
JUL
2417
$19,557.53
Colorado Department of Higher
Education
JUL
2018
$19,557.52
Grantee Match
JUL
2018 $1.9,.557.52
Colorado Department of Higher
Education
Grantee Match— Administrative
JUL
2018 j
51,402.95
Fee
JUL
2418
51,042.95
Colorado Department of Higher
Education— Administrative Fee
Total Award Amount including
Total
T
540,1.18.00
544,118.40
Grantee Match
*Grantee will use $2,005.90 in administrative fees equal to 2.5% of the combined total of Grantee matching
funds and State funds, allowable for county -based grants.
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Exhibit R-]
EXHIBIT C — GRANTEE REPORT
Grantee must submit a performance report to Dl ll; and Fagle County on or before June 30, 2018, following the
completion of the first year of grant funding and on or before June 30, 2019 following the completion of the
second year of grant funding.
1. Grantee: will provide a brief description (l=2 pages) of the current status of Grantee's project. Grantee
will describe the extent to which Grantee has implemented all program activities and components
planned for this reporting period. Grantee will highlight major outcomes, suecesses, and concerns.
2. The mission of the Colorado Opportunity Scholarship Initiative is to increase postsecondary credential
completion and preparedness of Colorado students to earn a livable wage, graduate with less debt, and
positively contribute to the growth of their state's economy. Grantee will describe the ways in which
Grantee's project is furthering the mission of the Scholarship Initiative. The written portion of the
Grantee Report is an opportunity to share qualitative data and special circumstances that otherwise
would not be reflected in quantitative results.
3. Grantee will describe the progress that Grantee's project has made towards accomplishing the objectives
of Grantee's project for the applicable reporting period as outlined in Exhibit A. Statement of Work.
Grantee will list all objectives in the table below, and indicate what activities have taken place. the
quantitative results of those activities, and actions required (what, if any, changes do you intend to make
in response to the results that you have seen"). Grantee may change the page layout of this table to
landscape. if needed.
Objectives: Activities: Results: Actions Required:
List the approved List the activities that Has the objective been met? If Are you planning to make
objectives from you have been conducted to not, what progress have you chanties to the grant in
grant application. meet the objective. made in reaching the response to the results?
objective?
4. Annual program benchmarks. t 1sing information provided pursuant to the Data Use Agreement, the
State will evaluate Grantee's program and community on the measurements based on the evaluation
criteria as defined in 8 CCR 1504-9. Grantee may be required to participate in additional research in
addition to those listed in this Grantee Report.
Reductions in remediation rates and associated costs:
® Increases in graduation rates;
Reductions in average time required to earn a degree;
® Increases in student retention rates:
Reductions in disparities between the academic achievements of certain student populations
based on demographic, geographic, and economic indicators;
Adoption of best practices for student support services;
Fulfillment of local workforce needs;
® Reductions in student loan debt:
® Improvements in tuition affordability; and
Improvements in students' access to federal arrant programs and other federal sources of support
for postsecondary students.
Fxhibit C: l
EXFIIBIT D — EXAMPLE PROOF OF FUNDS LETTER
[Date]
Shelley Banker
Deputy Director, Colorado Opportunity Scholarship Initiative
Colorado Department of Higher Education
1560 BroadNvay Street, Suite 1600
Denver, CO 80210
Dear Shelley,
May this letter serve as [Grantee's] certification that [amount] in new scholarship dollars have been raised to
match the State's allocation of 1:1 Matching Student Scholarship grants.
These new funds were raised leveraging the state's match, and were obtained from the following sources:
[State source of funds.]
• Individuals:
• Fowida.tions:
• Corporations:
• Special Events:
■ Other:
• Total:
With the signature(s) below, the board of [grantee] agrees to the above statements.
Signature Date
[title]
Signature _ Date
[title]
Signature Date_
[title]
Signature Date
[title]
Exhibit D-1
