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HomeMy WebLinkAboutC19-071 Colorado Mountain Local College DistrictDocuSign Envelope ID: OD709725-9BC4-42F9-BC58-1B7E73B02B92 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this 3/5/2019 , by and between Colorado Mountain Local College District ("CMC") and Eagle County, Colorado, by and through its Board of County Commissioners ("Eagle County")(collectively the "Parties"). 1. Recitals. a. The Colorado Mountain College Foundation, Inc. ("Foundation") is the grantee of a State of Colorado Grant Agreement (the "Agreement") through the Colorado Department of Higher Education (the "State") on behalf of the Colorado Opportunity Scholarship Initiative ("COSI") providing for multi-year grants to provide financial assistance to eligible students. b. Eagle County is a party to the Agreement as a grantee in the County -based category of matching student scholarship grants. C. Eagle County, per the Agreement, has designated the Foundation to receive and administer all grant funds to provide tuition assistance in Eagle County. d. The Agreement provides that Eagle County shall be responsible for providing matching funds as described in the Agreement. However, CMC, through collaboration with CMCF and Vail Valley Foundation/YouthPower 365, will instead raise the necessary matching funds during the 2018-2019 calendar year through focused community-based fundraising efforts. e. The Parties agree that it would therefore be appropriate and desirable to have CMC assume Eagle County's responsibilities under the Agreement with regard to the provision of matching funds. f. CMC and Eagle County desire to form an understanding of the obligations under the Agreement as between CMC and Eagle County. 2. Agreement. a. Paragraph 4 of the Agreement states that Eagle County will provide matching funds in an amount equivalent to the amount provided by the State, up to the maximum amount set forth in Paragraph 7.A of the Agreement. CMC hereby agrees to assume this obligation of Eagle County and further agrees to provide the matching funds as described in the Agreement. The Parties understand and agree that Eagle County will not be responsible for providing any portion of the matching funds. b. CMC shall be responsible for all reporting and data sharing requirements under the Agreement as pertains to the matching funds requirement. DocuSign Envelope ID: OD709725-9BC4-42F9-BC58-1B7E73BO2B92 C. CMC's responsibility under this MOU shall remain in effect through State Fiscal Year 2022 as defined in the Agreement. 3. Costs and Expenses. Each party shall bear its own costs and expenses incurred in the performance of this MOU. 4. Governmental Immunity. Notwithstanding anything contained to the contrary, any liability of either party arising out of this MOU shall be subject to the provisions of the Colorado Governmental Immunity Act and any other provisions of the law providing for immunity or limitation of liability including but not limited to §§ 15-21-119 and 121, C.R.S. 5. Termination. Either party may terminate this MOU without the need for cause and without any liability upon not less than 10 days' written notice to the other party. 6. Modification. This MOU may be modified or amended only by a duly authorized written instrument executed by the parties hereto. Oral amendments to this MOU are not permitted. 7. Applicable Law. This MOU will be interpreted in all respects in accordance with the laws of the State of Colorado. 8. Appropriations. All financial obligations of CMC subsequent to the fiscal year, ending June 30, are contingent upon funds for this purpose being appropriated, budgeted, and otherwise made available by the College Board of Trustees. This MOU shall not be deemed to create any multiple -fiscal year direct or indirect debt or other financial obligation whatsoever for purposes of Section 20(4)(b) of Article X of the State Constitution (Amendment 1). THIS MOU IS NOT INTENDED TO CREATE, NOR WILL THIS MOU EVER BE CONSTRUED OR INTERPRETED AS CREATING, A BINDING AND LEGALLY ENFORCEABLE CONTRACT BETWEEN THE PARTIES. THERE WILL BE NO LEGAL OR EQUITABLE REMEDIES AVAILABLE TO EITHER PARTY IN THE EVENT EITHER PARTY FAILS TO FULLY COMPLY WITH THE PROVISIONS OF THIS MOU. THE SOLE REMEDY FOR THE FAILURE OF A PARTY TO FULLY COMPLY WITH THE PROVISIONS OF THIS MOU WILL BE TERMINATION OF THIS MOU AS PROVIDED IN PARAGRAPH 6. 2 DocuSign Envelope ID: OD709725-9BC4-42F9-BC58-1B7E73BO2B92 IN WITNESS WHEREOF, the parties hereto have executed this MOU on the day first above written. CMC COLORADO MOUNTAIN LOCAL COLLEGE DISTRICT DocuSigned by: U� 1, Rok s6vu 752353C565EF471... By: Julie Hanson EAGLE COUNTY EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS DocuSigned by: CA4AC128F8AA47A_. By: Jeanne McQueeney Its: Director of Purchasing & Contracts Its: Chair Attest: DF�;" uSigned by: By: 0-T?Vtwt, Reg F9gEWl5i;4C1erk to the Board 3