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HomeMy WebLinkAboutC19-077 Colorado Department of Higher Education - NOT FULLY EXECUTEDSTATE OF COLORADO GRANT AGREEMENT T SIGNATURE AND COVER PAGE State Agency Agreement Number Colorado Department of Higher Education on behalf of the CORE 1D: Colorado Opportunity Scholarship Initiative COSI Matching Student Scholarship (MSS) grant 2018 Grantee Agreement Performance Beginning Date Colorado -Mountain College Foundation The Effective Date County or Tbird Party Initial Agreement Expiration Date Eagle County June 30, 2022 Agreement Maximum Amount Fund Expenditure Fad Date Initial Term June 30, 2022 State Fiscal Year 2019 S10.499.50 State Fiscal Year 2020 $10,499.50 Report Deadlines State Fiscal Year 2021 57999.50 State Fiscal Year 2022 58.948.50 June 30, 2019 'Dotal for All State Fiscal Years $37,947.00 June 30, 2020 June 30, 2021 June 30 2022 TILL PA.RTI.E:S HERETO HAVE E:IECLTED THIS CON rRACT Each person signing this Agreement represents and warrants that he or she is duly authorized to execute this Ageemenl and to bind the Party authorizing his or her signature. GRANTEE Colorado Mountain College Foundation on behalf of Faogle County '_, -•Fly: Krj�tb'F Bath Colon, Chief Executive Officer Date: COUNTY .Eagle Counts t Jeanne McQueeney, Ch .r, Board of County Commissioner le County I 1 Date: STATE OF COLORADO John W. Hickenlooper, Governor Department of Hs?her Ed ucation Colorado Opportunity Scholarship Initiative Dan Baer, Executive Director By: Dan Baer, 'Executive Director Date: Comma Number. Page 1 of 23 Version 0817 C19-077 In accordance with §24-30-202, C.R.S-, this Agreement iq not valid until signed and dated below by the State Controller or an autbori7ed delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Richard Maestas, Chief Financial Officer and State Controller Delegate, Colorado Department of Higher Education OR Trisha EsquibeL Director of Accounting and Financial Services and State Controller Delegate, Colorado Dcpwimcnt ofIlighcr Education effective Date: Ccmlrect Numoor. Page 2 of 23 Version 0817 TABLE OF CONTENTS TS 1. PARTIES This Agreement is entered into by and among Grantee named on the Signature and Cover page for this Agreement (the "Grantee"), County= ('`County''), and the STATE OF COLORADO acting by and through the state agency named on the signature and cover page for this agreement (the "State" or "CJ)HE."). Grantee, County, and the State agree to the terms and conditions in this agreement. 2. TRIM AND EFFECTIVE DATE A. E ffecti t e Date This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be expended by the Fund Expenditure End Date shown on the Signature and Cover Page for this Agreement. The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to pay Grantee for any Work perfornled or expense incurred before the Effective Date; or after the Fund Expenditure End Date. ConinctNumber. Page 3 of 233 Version 0917 SIGNATURE AND COVER PAGE...................................:.....................................................1 1. PARTIES...................................................................................................................................3 2. TERM AND EFFECTIVE DATE.............................................................................................3 3. ALTFT-TORITY................................................................................................................... 4. PURPOSE..................................................................................................................................5 5. D'EFINT110NS................................................................................... 6. STATEMENT OF WORK............................................................................................. 7. PAYMENTS TO GRANTEE....................................................................................................8 8. REPORTING - NOTIFICATION .......................................................................... ........10 9. GRANTEE RECORDS...........................................................................................................10 10. CONFIDENTIAL INFORMATION -STATE RECORDS......................................................11 11. CO'.NTLTCTS OF INTEREST..................................................................................................11 12. INSURANCE..........................................................................................................................12 13. BREACH.................................................................................................................................13 14. REMEDTES.............................................................................................................................14 15. DISPUTE RESOLUTION.......................................................................................................16 16. NOTICES .AND RF.PRESIiI\TATIVES.................................................................................16 17. GOVERNMENTAL IMNTUI\TITY..........................................................................................17 18. STATEWIDE CONTRACT MANAGEMENT SYSTEM .....................................................17 19. GENERAL PROVISJONS......................................................................................................17 20. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RIME 3-1) .......................20 L;XHTF3J'I' A.. STATI :MENT OF WORK..................................................................................1 rk'FTMTT B, ANNUAL BZ.JDGET............................................................................................1 EXHIBITC, GRANTEE REPORT...........................................................................................I EXHJBTT D, C:OMMTTMENT LE-rFER................................................................................. l 1. PARTIES This Agreement is entered into by and among Grantee named on the Signature and Cover page for this Agreement (the "Grantee"), County= ('`County''), and the STATE OF COLORADO acting by and through the state agency named on the signature and cover page for this agreement (the "State" or "CJ)HE."). Grantee, County, and the State agree to the terms and conditions in this agreement. 2. TRIM AND EFFECTIVE DATE A. E ffecti t e Date This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be expended by the Fund Expenditure End Date shown on the Signature and Cover Page for this Agreement. The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to pay Grantee for any Work perfornled or expense incurred before the Effective Date; or after the Fund Expenditure End Date. ConinctNumber. Page 3 of 233 Version 0917 B. Initial Term The Parties' respective performances under this Agreement shall commence on the Agreement Performance Beginning bate shown on the Signature and Cover Page for this Agreement and shall terminate on the Initial Agreement Expiration nate shown on the Signature and Cover Page for this Agreement (the "Initial Tenn") unless sooner terminated or further extended in accordance with the terms of this Agreement. C. Extension Terms - State's Option The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the Initial Term for a period, or for successive periods, of 1 year or less at the same rates and under the same terms specified in this Agreement (each such period an 'Txtension Term"). In order to exercise this option, the State shall provide written notice to Grantee. D. Early Termination in the Public Interest The State is entering into this Agreement to senrc the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. if this Agreement ceases to further the public interest of the State, the, State, in its discretion, may terminate this Agreement in whole or in part. This subsection shall not apply to a termination of this Agreement by the State for breach by Grantee, which shall be governed by §l4. A.i. Method and Content 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 Agreement. ii. Obligations and Rights Upon receipt of a termination notice for termination in the public interest, Grantee shall be subject to the rights and obligations set forth in §14.A.i.a. iii. Payments If the State terminates this Agreement in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the percentage of Rork satisfactorily completed and accepted; as determined by the State, less payments previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State, the State may reimburse Grantee for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Agreement, incurred by Grantee xvhich are directly attributable to the uncompleted portion of Grantee's obligations, provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. 3. AUTHORITY Authority to enter into this Agreement exists in X23-3.3-1001, C.R.S. et seq., and funds have been budgeted, appropriated and otherwise made available pursuant to §23-3.3-100.5, C:.R.S., and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination .have been accomplished from and with appropriate agencies. Conga Number. Page 4 of 23 version 081.7 4. PURPOSE Matching Student Scholarship Grants (N4.SS Grants) are designed to increase the amount of scholarship giving available for postsecondary students in Colorado. Allocations are made according, to the population of high school seniors eligible for Free and Reduced Lunch (FRL) for counties and the population of Pell eligible students for institutions of higher education.. The multi-year grants are distributed to eligible counties, institutions of higher education and community workforce programs to. Leveraging $7 million annually, the initiative partners with these local programs, matching new scholarship doilars 1:1. MSS Grants provide funding for tuition assistance - defined as 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 — for students whose household incomes are determined to he between 0 and 100% or between 100 and 250% of the maximum permissible income for the purpose of determining eligibility for PELL grants; are in a rigor -based student success program; are classified as Colorado residents for tuition purposes; and are attending public vocational schools, community colleges, four-year institutions of higher education, and research institutions in Colorado. The State issued a Request for Proposal (the' "RFP") in August 2018 and the Grantee was selected as a grant recipient based upon its response to the RFP. The State issued a Request for Proposal (the "RFP") in August 2018 and the Grantee was selected as a grant recipient based upon its response to the RFP. The County is a grant recipient in the County -based category of matching student scholarship grants. Per the County's response to the initiative's request for proposal for matching student scholarship grants, herein incorporated bV reference, the County has designated Grantee to receive and administer Grant Funds designated to provide student tuition assistance in the county. CDH.E, 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) Grantee will provide those Services described in Exhibit A, the Statement of Work, (iii) County will provide snatching funds in an amount equivalent to the a>nountprovided by the State, up to the maximum amount set forth in §7.A, and (iv) Grantee will timely provide proof of matching funds prior to disbursement of funds by the State using the commitment letter, attached as Exhibit D. ConlraMVumba- Page 5 of 23 Verinn(1x]7 5. DEFINITIONS The following terms shall be construed and interpreted as follows: A. "Agreement" means this agreement, including all attached RxNb.its, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. B. "Budget" means the budget for the Rork described in Exhibit A. C. "Business Day" means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(l ), C.R.S. D. "CORA" means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S. E, "Effective Date" means the date on which this Agreement is approved and signed by the Colorado State Controller or designee, as shown on the Signature and Cover Page for this Agreement. F. `'Endowment Matching Funds" means Endowment Model scholarship funds raised by Grantee to satisfy the 1:1 match required by 8 CCR 1504-9 §2.04 to receive the Grant Funds. Endowment Matching Funds shall be endowed funds, as approved by the Board, that Grantee raises for the specific purpose of the 1:1 matching contribution requirement of a Matching Student Scholarship Grant and may include funds raised by Grantee for creation of a new endowment or additional contributions to an existing endowment. G. "End of Term Extension" means the time period defined in §2.C. H. "Exhibits".means the following exhibits attached to this Agreement: i. Exhibit A. Statement of Rork. ii. Exhibit B. Annual Budget. iii. Exhibit C. Grantee Report. 1. "Extension Term" means the time period defined in §2.0 J. "Goods" means any movable material acquired, produced, or delivered by Grantee as set l:orth in this Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Sen-iecs. K. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or otherwise. made available for payment by the State under this Agreement. 1.. "Incident" means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5-401 et. seq. C.R_S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State system or State Information regardless of where such information is located; (ii) unwanted disruption or denial of service: (iii) the unauthorized use of a State system for the processing or storage of data; or. (iv) changes to State system hardware, firmware, or software characteristics without the State's knowledge, instruction, or consent_ M. "Initial Term" means the time period defined in §2.B Contiact Numb,v Page 6 of 23 Version 0917 N. "Matching Funds" means the scholarship funds raised by Grantee to satisfy the 1:1 match required by 8 CCR 1504-9 §2.04 to receive Matching Student Scholarship Grant funds. Qualifying funds shall be funds that are raised or designated by Grantee for the specific purpose of the 1:1 matching contribution requirement of this Grant and funds that were not previously directly or indirectly used to support existing scholarships. O. "Party' means the State or Grantee, and "Parties" means the State and Grantee. P. "PH" means personally identifiable infonnation including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual's identity, such as name, social security number, date and place of birth, mother's maiden name, or biomctric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PU includes, but is not limited to, all information defined as personally identifiable information in §24-72-501; C.R.S. Q. "Program" means the Colorado Opportunity Scholarship Initiative grant prop -ram that provides the funding for this Grant. R. "Services" means the services to be performed by Grantee as set forth in this Agreement, and shall include any scrNrices to be rendered by Grantee in connection with the Goods. S. "State Confidential Information" means any and all State Records not suhiect to di.sclosure under. CORA. State Confidential Information shall include, but is not limited to, PIT, and State personnel records not subiect to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to the CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure by Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State; (iv) is disclosed to Contractor., without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. T. "State Fiscal Rules" means that fiscal mules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(x), C.R.S. U. "State Fiscal Fear" means a 12 -month period beginning on. July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. V. "State Records" means any and all State data, information, and records, regardless of physical foil, including, but not limited to; information subject to disclosure under CORA.. W. "Subcontractor" means third -parties. if any, engaged by Grantee to aid in performance of the Work. "Subcontractor" also includes sub -grantees of grant funds. X. "Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this Agreement and Exhibit A_ including the performance of the Services and delivery of. the Goods. Contract Numbu. l'age 7 of 23 Version 0817 Y. "Work Product" means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research; reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, infonnation, and any other results of the 'Mork. "Work Product" does not include any material that was developed prior to the Effective Date that is used, without modilication, in the performance of the Work. Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. b. STATEMENT OF WORK Grantee shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Agreement. 7. PAYMENTS TO GRANTEE A. Maximwr .Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Agreement that exceeds the Agreement Maximum for each State Fiscal Year shown on the Signature and Cover Page of this Agreement. B. Payment Procedures i. Invoices and Payment a. The State shall pay Grantee in the amounts and in accordance with the schedule and other conditions set forth in Exhibit B. b. Graniee shall submit proof of funds by submitting Exhibit D to the State in order to initiate payment requests. C. The State shall pay each invoice as soon as possible following the State's receipt ofproof of funds. ii. Interest Amounts not paid by the State within 45 days of the State's acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate- of I% per month, as required by §24-30-202(24)(a). C.R..S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that. the State disputes in writing. Grantee shall invoice the State 'separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of day's interest to be paid and the interest rate. iii. Payment Disputes Con tract Number Page 8 of 23 venion0817 if Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the State in writing of its dispute within 30 days following the earlier to occur of Grantee's receipt of the payment or notification of the determination or calculation of the payment by the State. The State- will revieuv the information presented by Grantee and may make chances to its determination based on this review. The calculation, determination or payment amount that results from the State's review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the Statc has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available funds -Contingency -'Termination The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Grantee beyond the current. State Fiscal Year is contingent on the appropriation and continuing availability of Grant Funds in any subsequent. year (as provided in the Colorado Special Provisions). Payments to be made pursuant to this Agreement shall be made only from Grant Funds, and the State's liability for Such payments shall be limited to the amount remaining of such. Grant Funds. If State funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Agreement were tcrtninated in the public interest. as described in §2:I). V. Erroneous Payments The State may recover, at the State's discretion., payments made to Grantee in error for any reason; including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee. The State may recover such payments by deduction from subsequent payments under this Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Grantee, or, by any other appropriate method for collecting debts owed to the State. C. Matching Funds. Grantee shall provide Matching Funds as provided in §7.A. and Exhibits A and B. Grantee shall have raised the full amount of Matching Funds prior to the dates outlined in .Exhibit ii and shall report to the State regarding the status of such funds upon request. Grantee's obligation to pay all or any part of any matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Grantee and paid into Grantee's treasury or bank account. Grantee represents to the State that the amount designated "Grantee's Matching Funds" in Exhibit B has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury or bank account. Grantee does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-f.i.scal year debt of Grantee. C'onrracr N mbev Page 9 of 23 Version 0817 8. REPORTING - NOTIFICATION A. Litigation Reporting If Grantee is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Agreement or may affect Grantee's ability to perform its obligations under this Agreement, Grantee shall, within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State's principal representative identified in §16. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all 'violations of State criminal law involving fraud, bribery, or gratuity violations. The State Awarding Agency may impose any penalties for noncompliance, which may include, without limitation, suspension or debarment. 9. GRANTEE 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 mariner 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 for a period (the "Record Retention Period") of three years following the date of submission to the State of the final expenditure report, or if this Award is renewed quarterly or annually, from the slate of the submission of each quarterly or annual report, respectively. Tf any litigation, claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by the State. The State may notify Grantee in writing that the Record Retention Period shall be extended. B. inspection Grantee shall permit the State to audit, inspect_ examine, excerpt, copy and transcribe Grantee Records during the Record Retention Period. Grantee shall make Grantee Records available during normal business hours at Grantee's o.lT.ice or place of business, or at other mutually agreed upon times or locations, upon no fewer than 2 Business Days' notice from the State, unless the State determines that a shorter period of notice, or no notice; is necessary to protect the interests of the State. C. Monitoring The State will monitor Grantee's performance of its obligations under this Agreement -using procedures as determined by the State. The State shall monitor Grantee's performance in a manner that does not unduly interfere with Grantee's performance of the Work.. D. Final Audit Report Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee's records that relates to or affects this Agreement or the Work, whether the audit is conducted by Grantee or a third party. ConU=-t Nwnber: Page 10 of 23 Version 0817 ]ii. CONFIl}EN'l fAi:. >(N O]IMA'I'.ION-S'I'A'I'E RVCOI-'.'])S A. Confidentiality Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Grantee shall not, without prior written approval of the State, use, publish, copy; disclose to any third party, or permit the use by any third party of any State Records, except as otherwise stated in this Agreement, permitted by law or approved in Writing by the State. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security. Grantee shall immediately forward any request or demand for State Records to the State's principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, ernployccs, assigns and Subcontractors who require access to perform their obligations under this Agreement. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Contract, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions. C. Incident Notice and Rernediation if Grantee becornes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Grantee can establish that none of Grantee or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Grantee shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole discretion and Grantee shall make all modifications as directed by the State. if Grantee cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Grantee shall reimburse the State for the reasonable costs thereof. 19. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Agreement. Such a conflict of interest would arise when a Grantee or Subcontractor's employee, offices- or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Agreement. CuM.rdcl Numl--n Page i 1 of 23 Version 0817 13. Apparent Conflicts of Interest Grantee acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be 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 under this Agreement. C. Disclosure to the State If a conflict or the appearance of a conflict, arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, 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 actual or apparent conflict constitutes a breach of this Agreement. 12. INSURANCE Grantee sball obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Agreement. All insurance policies required by this Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by the State. A. Workers' Compensation Workers' compensation insurance as required by state statute, and employers' liability insurance covering all Grantee or Subcontractor employees acting within the course and scope of their employment. B. General Liability Commercial general liability insurance covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate; and iv. $50,000 any 1 fire. C. Additional Insured The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Grantee and Subcontractors. D. Primacy of Coverage Coverage required of Grantee and each Subcontractor shall be primary over any insurance or self-insurance program carried by Grantee or the State. Contract Number. Pace 12 of 23 Wision 0817 E. Cancellation All commercial insurance policies shall include provisions preventing cancellation or non- renewal, except .Cor cancellation based on non-payment of premiums, without at least 30 days prior notice to Grantee and Grantee shall forward such, notice to the State in accordance with. §1.6 within 7 days o.f. Grantee's receipt of such notice. F. Subrogation Waiver All commercial insurance policies secured or..maintained by Grantee or its Subcontractors in relation to this Agreement 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. G. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Tmmunity Act; X24-10-101, et seq., C.R.S. (the "GIA"), Grantee shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Contract such. liability insurance, by comiriercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Grantee shall ensure that the Subcontractor .maintain at all times during the terms of this Grantee, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor's obligations under the GIA. H. Certificates For each, commercial insurance plan provided by Grantee under this Agreement, Grantee shall prm6de to the State certificates evidencing, Grantee's insurance coverage required in this Agreement within 7 Business Days following the Effective Date. Grantee shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Agreement within 7 Business Days following the Effective Date, except that, if Grantee's subcontract is not in effect as of' the Effective Date, Grantee shall provide to the State certificates showing Subcontractor insurance coverage required under this .Agreement within 7 Business Days following Grantee's execution o.f the subcontract. No later than 15 days before the expiration date of Grantee's or any Subcontractor's coverage, Grantee shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this .Agreement, upon request by the State, Grantee shall, within 7 Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this §12. 13. BREACH A. Defined The failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner, shall be 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 30 days after the institution of such proceeding, shall also constitute a breach. Conta&Numher Page 13 of 23 VasionU817 B. Notice and Cure Period In the event of a breach, the aggrieved Party shall give written notice of breach to the other Party. if the notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §14 for that Party. Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any other remedy in this Agreement in order to protect the public interest of the State. 14. REMEDIES A. State's Remedies If Grantee is in breach under any provision of this Agreement and fails to cure such breach, the State, following the notice and cure period set forth in §13.B., shall have all of the remedies listed in this §14.A. in addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. i. Termination for Breach in the event of Grantee's uncured breach, the State may terminate this entire Agreement or any part of this Agreement. Grantee shall continue performance of this Agreement to the extent not terminated, if any. a. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance 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 Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Contract's terms. At the request of the State, Grantee shall assign to the State all of Grantee's rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee but in which the State has an interest. At the State's request Grantee shall return materials owned by the State in Grantee's possession at the time of any termination. Grantee shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State's request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Grantee for accepted Work received as of the date of termination. lf, after termination by the State, the State agrees 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 rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under §2.D. Contract Number. Page 14 of 23 version 0817 5000 Broadway Eagle, CO. 81631 'ill. 'an uvea lecount .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 drafrs; prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and, all Work Product shall he 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. GOVERNT.MENTAL IMMUNITY Notwithstanding 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 law, 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 match the requirements of Grantee's obligations. 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, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and hating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-1.0.9-106, 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 Pup 12 such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the Slate 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. Indem nification-Genera l 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 the terms of this Grant; however, the provisions hereof shall not be 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 shall 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 with applicable Colorado State law, State }Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS - TOO1.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 incorusistencies 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 B, xxiv. Exhibit C, xxv. Exhibit D. .1. Severability Page 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 termination hereof: shall survive such termination and sball 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. 84-730123K) and from all State and local government sales and use taxes Lmder 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 Denver) 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 Eagle 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'othcr 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 §24-10.3.5-101, 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 he 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 fiords 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 tlic immunities, rights, benefits, protections, 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. §§ I346(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 shall 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 shal l not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits will he 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 tread taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability 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 law, (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 LAR'. Grantee shall strictly comply with all applicable 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 law, 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 byway 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. G. 7. BINDING ARBITRATIOi✓ 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. 8. SOFTWARE PIRACY PROHIBITION. Governor's Execative Order D 002 00. State or other public funds payable under 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 w-arrants that, during the term of this Grant and any extensions, Grantee has and shal l 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 L`lTEREST/CO FLICT OF INTEREST. CRS §§24-18-201 and 24-50- 507. 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 intergovernmental 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 I 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. INN applicable to agreements relating to the offer, issuance, or sale of'securitiec, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or producty 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 lJnited States to perform work under this Grant, through participation in the F.-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Granlec shall not knowingly employ 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 Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use .L-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 a] ien for work under this Grant, (c) shall terminate the subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State pro Pram, 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 seq., the granting State agency, institution of lugher 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 CRS §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 3/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 16 22. SIGNATURE PAGE Grant Routing Number THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby scar and affirm that they are authorized to act on Grantee's behalf and acknowledee that the State is relvine on their reuresentations to that effect. GRANTEE Colorado Mountain College Foundation Civ: Kristin Heath Colon Title: Chief Executive Officer 4 � -/ *Signliture i. Dale: �-� � . �:-e ► , COUNTY Eagle County By: Jill Ryan Title: Chair, Board of County Commissioners Date: *Signature STATE OF COLORADO John W. Rickcnlooper, Governor Department of Higher Education Colorado Opportunity Scholarship Initiative By: Dr. Kim hunter 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 Dale: 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 .1 aros, CPA, MBA, .1 D By: For Michelle Tale, Controller, Colorado Department of l ligher Education Catherine Olukotun. State Controller Delegate, Colorado Department of Higher Education Date: Ildee 17 EXHIBIT A — STATEMENT OF WORK 1. GRANTEE COALS A\'D 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 award a maximum of forty-four (44) scholarships to eligible students over two academic).ears. The tuition assistance will make higher 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 atotal of forty-four (44) scholarships over Wd academic years. This will 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, to returning students. Objective 2: Student Support The Mountain Futures Fund (.�ff'F) will support students who enter into post-secondm., education, with resources to ensure each student has the basic skills readiness, pre- college support structures, and motivation/confidence to succeed. All COSI 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 will be available to students during this time. Objective 3: Fundraising CMC and the CMCF intend to raise the $40,118 finds from local community supporters over a span of two years to match the funding commitment from COSI. All funds raised will 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 CMC's reserves that have otherwise not been utilized for scholarship support. 2. GRANTEE EVIPLEMENTATION PLAN 2.1 Timeline Scholarship awards will be dispersed annually to students in fall for the 201.7-2018, and 20.18-2019 academic years. 3. ASSURANCES Grantee agrees to the following Assurances: 1. Grantee Nvill annually provide DRE and the bugle County with evaluation information required by Exhibit C. Exhibit A -t f4a1.tl:: 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: 1. Grantee Nvill annually provide DRE and the bugle County with evaluation information required by Exhibit C. Exhibit A -t 2. Grantee will work with and provide requested data to DHC for the Colorado Opportunity Scholarship Initiative Matching Student Scholarship Grant within the time frames specified in the Data Use Agreement between Grantee and State, to be executed simultaneously with this Cirant. 3. During year one, a mandatory one -day review of grant goals will 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 be conducted by the Grantee as apart of its regular audits. 8. 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 he 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(slielley.banker�dhe.state.co.us, 303-974-2673) prior to making any modifications to the approved budget. THE REST OF THIS PAGE MrTENIUONALLY LEFT ]BLANK ..F.xhibit A-2 EXHIBIT B —BUDGET Summar of Budget for FY 17-18 and 18-19 Fall 2017 — Spring 2019 twenty two (22) annual scholarships, from Eagle County, $78,230.10 approximately $1,778 per year equaling a total of forty-four (44) scholarships over two Match academic years Administrative 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 will 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 2018-2019. Proposed Invoice Schedule Month Year CDHE Amount Match Source Amount JUL 2017 $19,557.53 Grantee Match Colorado Department of Higher .JUL 2017 $19,557.53 Education JUL 2018 $19,557.52 Grantee Match Colorado Department of Higher .JUL 2018 $19,557.52 ! Education Grantee Match— Administrative JUL 2018 i S1,402.95 Fee .JUL 2018 51,002.95 Colorado Department of Higher Education— Administrative Fee Total Award Amount including Total S40,1.18.00 540,118.40 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Exhibit R-1 EXHIBIT C — GRANTEE REPORT Grantee must submit a performance report to DI IE and Eagle County on or before June 30, 2018, following the completion of the first year of grant finding and on or before June 30, 2019 following the completion of the second year of grant finding. 1. Grantee will provide a brief description 111=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, successes, 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 mulls 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: List the approved List the activities that Has the objective been met? If objectives from you have been conducted to not, what progress have you grant application. meet the objective. made in reaching the objective? Actions Regnired: Are you planning to make changes to the grant in response to the results? 4. Annual program benchmarks. Using 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 reniediati.on rates and associated costs: o Increases in graduation rates; B Reductions in average time required to earn a degree; Increases in student retention rates; • Redactions in disparities between the academic achievements of certain student populations based on demographic, geographic, and economic indicators; m Adoption of best practices for student support services; • Fulfillment of local workforce needs; o Reductions in student loan debt; Improvements in tuition affordability; and Improvements in students' access to federal grant programs and other federal sources of support for postsecondary students. Exhibit C-1 EXHIBIT D — EXAMPLE PROOF OF FUNDS LETTER [Date] Shelley Banker Deputy Director.. Colorado Opportunity Scholarship Initiative Colorado Department of Higher Education 1560 Broadway Street; Suite 1600 Denver, CO 80210 Dear Shelley, May this letter serve as [Cirantee*s] certification that [amount] in new scholarship dollars have been raisedto match the Slate's allocation of 1:1 Matching Student Scholarship grants. These new funds were raised leveraging the slate's match, and were obtained from the following Sources: [State source of funds.] • Individuals: • Foundations: • Corporations: • Special Events: • Other: • Total: With the signatUte(S) below, the board of [grantee] agrees to the above statements. Signature Date [title] Signature _ Date [title] Signature Dale_ [title] Signature Date. [title] Exhibit D-1