HomeMy WebLinkAbout20184008.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR COLORADO OPPORTUNITY SCHOLARSHIP
INITIATIVE GRANT AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for the Colorado
Opportunity Scholarship Initiative Grant between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Finance and Administration, and Greeley -Weld Urban Enterprise Zone Fund, and the Colorado
Department of Higher Education, commencing upon full execution of signatures, and ending
June 30, 2020, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for the Colorado Opportunity Scholarship Initiative Grant
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Finance and Administration, and
Greeley -Weld Urban Enterprise Zone Fund, and the Colorado Department of Higher Education,
be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of December, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �.Q�) < jC11o; ok,
Weld County Clerk to the Board
BY:
APP
Deputy C
ounty Attorney
Date of signature: IlZZ/19
Steve Moreno, Chair
an P. Conway
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Mike Freeman
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QS /07/20
2018-4008
TR0030
STATE OF COLORADO GRANT AGREEMENT
SIGNATURE AND COVER PAGE
State Agency
Colorado Department of Higher Education on behalf of the
Colorado Opportunity Scholarship Initiative
Agreement Number
CORE ID: CTGG/ o20/Q- 3OO I
COSI Matching Student Scholarship (MSS) grant 2018-2019
Grantee
Greeley -Weld Urban Enterprise Zone Fund
Agreement Performance Beginning Date
The Effective Date
County
Weld County
Initial Agreement Expiration Date
June 30, 2020
Agreement Maximum Amount
Initial Term
State Fiscal Year 2020 $276,714.00
Total for All State Fiscal Years v $276,714.00
Fund Expenditure End Date
June 30, 2020
Report Deadlines
June 30, 2020
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Agreement represents and warrants that he or she is duly authorized to execute this Agreement and
to bind the Party authorizing his or her signature.
GRANTEE
Greeley -Weld Urban Enterprise Zone Fund on behalf of
Weld County
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Higher Education
Colorado Opportunity Scholarship Initiative
Dan Ba- ��� � hector
By: Rich Werner, Director, Upstate Colorado ""------
Date:
Dan Baer, i cu v Director
Date: / Z It l
COUNTY
Weld County
'
By: Steve Moreno,Chair-Board of County Commissionars
EEC.12 2811
Date:
2018-4008 C )
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In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
Richard Maestas, Chief Financial Officer and State'Etintroller Delegate, Colorado Department of Higher Education
OR
Trisha Esquibel, Director of Accounting and Financial Services and State Controller Delegate, Colorado Department of Higher
Education
Effective Date: /
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TABLE OF CONTENTS
SIGNATURE AND COVER PAGE 1
1. PARTIES 3
2. TERM AND EFFECTIVE DATE 3
3. AUTHORITY 4
4. PURPOSE 5
5. DEFINITIONS 6
6. STATEMENT OF WORK 8
7. PAYMENTS TO GRANTEE 8
8. REPORTING - NOTIFICATION 10
9. GRANTEE RECORDS 10
10. CONFIDENTIAL INFORMATION -STATE RECORDS 11
11. CONFLICTS OF INTEREST 12
12. INSURANCE 12
13. BREACH 14
14. REMEDIES 14
15. DISPUTE RESOLUTION 16
16. NOTICES AND REPRESENTATIVES 16
17. GOVERNMENTAL IMMUNITY 17
18. STATEWIDE CONTRACT MANAGEMENT SYSTEM 17
19. GENERAL PROVISIONS 17
20. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-1) 20
EXHIBIT A, STATEMENT OF WORK 1
EXHIBIT B, ANNUAL BUDGET 1
EXHIBIT C, GRANTEE REPORT 1
EXHIBIT D, COMMITMENT LETTER OR PROOF OF FUNDS TEMPLATE 1
EXHIBIT E, DATA AGREEMENT 1
1. PARTIES
This Agreement is entered into by and among Grantee named on the Signature and Cover Page for
this Agreement (the "Grantee"), Weld 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 "CDHE"). Grantee, County, and the State agree to the terms and conditions in this
Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective 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 performed or
expense incurred before the Effective Date, or after the Fund Expenditure End Date.
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B. Initial Term
The Parties' respective performances under this Agreement shall commence on the
Agreement Performance Beginning Date shown on the Signature and Cover Page for this
Agreement and shall terminate on the Initial Agreement Expiration Date shown on the
Signature and Cover Page for this Agreement (the "Initial Term") 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
"Extension 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 serve 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 §14.A.i.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §0. 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 Work 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 which 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 §23-3.3-1001, C.R.S. et seq., and funds have been
budgeted, appropriated and otherwise made available pursuant to §23-3.3-1005, 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.
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4. PURPOSE
Matching Student Scholarship Grants (MSS 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 dollars 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 be 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 September 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 by
reference, the County has designated Grantee to receive and administer Grant Funds designated to
provide student tuition assistance in the county. CDHE, 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) Grantee will obtain matching funds from private donors in an amount equivalent to the
amount provided 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.
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5. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Agreement" means this agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any future
modifications thereto.
B. "Budget" means the budget for the Work 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(1), 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 Work.
ii. Exhibit B, Annual Budget.
iii. Exhibit C, Grantee Report.
iv. Exhibit D, Proof of Funds Template or Commitment Letter.
v. Exhibit E, Data Agreement.
I.
J.
K.
L.
"Extension Term" means the time period defined in §2.C
"Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Agreement and shall include any movable material acquired, produced, or
delivered by Grantee in connection with the Services.
"Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Agreement.
"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.
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M. "Initial Term" means the time period defined in §0
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. "PII" means personally identifiable information 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 biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §24-72-501, C.R.S.
"Program" means the Colorado Opportunity Scholarship Initiative grant program 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 services to be rendered by Grantee in connection with the Goods.
S. "State Confidential Information" means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII, and
State personnel records not subject 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 rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
U. "State Fiscal Year" 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 form, 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.
Q.
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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, information, and any other results of the Work.
"Work Product" does not include any material that was developed prior to the Effective Date
that is used, without modification, 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.
6. 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. Maximum 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. Grantee 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
of proof 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
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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 review the information presented
by Grantee and may make changes 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 State 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 terminated in the public interest as described in §2.D.
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 B
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
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Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and
this Agreement is not intended to create a multiple -fiscal year debt of Grantee.
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 §0.
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 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 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 date of the submission of each
quarterly or annual report, respectively. If 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 office 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.
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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.
10. CONFIDENTIAL INFORMATION -STATE RECORDS
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, employees, 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 Remediation
If Grantee becomes 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.
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11. 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, officer 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.
B. 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 shall 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.
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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.
E. Cancellation
All commercial insurance policies shall include provisions preventing cancellation or non -
renewal, except for 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
§0 within 7 days of 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 Immunity
Act, §24-10-101, 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 commercial 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 provide 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 of 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.
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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.
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.
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b. Payments
Notwithstanding anything to the contrary, the State shall only pay Grantee for
accepted Work received as of the date of termination. If, 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.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee shall remain
liable to the State for any damages sustained by the State in connection with any
breach by Grantee, and the State may withhold 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 Grantee as the State deems necessary to protect the State against
loss including, without limitation, loss as a result of outstanding liens and excess
costs incurred by the State in procuring from third parties replacement Work as
cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional
remedies:
a. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of the Work
pending corrective action as specified by the State without entitling Grantee to an
adjustment in price or cost or an adjustment in the performance schedule. Grantee
shall promptly cease performing Work and incurring costs in accordance with the
State's directive, and the State shall not be liable for costs incurred by Grantee
after the suspension of performance.
b. Withhold Payment
Withhold payment to Grantee until Grantee corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Grantee's actions or
inactions, cannot be performed or if they were performed are reasonably of no
value to the state; provided, that any denial of payment shall be equal to the value
of the obligations not performed.
d. Removal
Demand immediate removal of any of Grantee's employees, agents, or
Subcontractors from the Work whom the State deems incompetent, careless,
insubordinate, unsuitable, or otherwise unacceptable or whose continued relation
to this Agreement is deemed by the State to be contrary to the public interest or
the State's best interest.
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e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any
Work is likely to infringe, a patent, copyright, trademark, trade secret or other
intellectual property right, Grantee shall, as approved by the State (i) secure that
right to use such Work for the State and Contractor; (ii) replace the Work with
noninfringing Work or modify the Work so that it becomes noninfringing; or, (iii)
remove any infringing Work and refund the amount paid for such Work to the
State.
B. Grantee's Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach,
Grantee, following the notice and cure period in §13.B and the dispute resolution process in
§15 shall have all remedies available at law and equity.
15. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this
Agreement which cannot be resolved by the designated Agreement representatives shall be
referred in writing to a senior departmental management staff member designated by the State
and a senior manager designated by Grantee for resolution.
B. Resolution of Controversies
If the initial resolution described in §15.A fails to resolve the dispute within 10 Business
Days, Grantee shall submit any alleged breach of this Agreement by the State to the
Procurement Official of CCHE as described in §24-101-301(30), C.R.S. for resolution
following the same resolution of controversies process as described in §§24-106-109, 24-
109-101.1, 24-109-101.5, 24-109-106, 24-109-107, 24-109-201 through 24-109-206, and 24-
109-501 through 24-109-505, C.R.S., (the "Resolution Statutes"), except that if Grantee
wishes to challenge any decision rendered by the Procurement Official, Grantee's challenge
shall be an appeal to the executive director of the Department of Personnel and
Administration, or their delegate, in the same manner as described in the Resolution Statutes
before Grantee pursues any further action. Except as otherwise stated in this Section, all
requirements of the Resolution Statutes shall apply including, without limitation, time
limitations regardless of whether the Colorado Procurement Code applies to this Agreement.
16. NOTICES AND REPRESENTATIVES
Each individual identified below shall be the principal representative of the designating Party. All
notices required or permitted to be given under this Agreement shall be in writing, and shall be
delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party's
principal representative at the address set forth below or (C) as an email with read receipt requested
to the principal representative at the email address, if any, set forth below. If a Party delivers a
notice to another through email and the email is undeliverable, then, unless the Party has been
provided with an alternate email contact, the Party delivering the notice shall deliver the notice by
hand with receipt required or by certified or registered mail to such Party's principal representative
at the address set forth below. Either Party may change its principal representative or principal
representative contact information by notice submitted in accordance with this §0 without a formal
amendment to this Agreement. Unless otherwise provided in this Agreement, notices shall be
effective upon delivery of the written notice.
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For State:
Shelley Banker
Director, Colorado Opportunity Scholarship
Initiative
Colorado Department of Higher Education
1600 Broadway Street, Suite 2200
Denver, CO 80202
Shelley.banker@dhe.state.co.us
For [Insert Name of Third Party or County]:
Julie A. Cozad
Chair, Board of County Commissioners
1150 O Street
Greeley, CO 80632
jcozad@weldgov.com
17. GOVERNMENTAL IMMUNITY
For Grantee:
Renee Fielder
Assistant Treasurer -Weld County
Weld County Treasurer
1400 N 17th Ave
Greeley, CO 80631
rfielder@weldgov.com
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be
controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. Pt. VI,
Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq.,
C.R.S.
18. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Agreement is $100,000 or greater, either on
the Effective Date or at anytime thereafter, this §18 shall apply. Grantee agrees to be governed by
and comply with the provisions of §§24-106-103, 24-102-206, 24-106-106, and 24-106-107,
C.R.S. regarding the monitoring of vendor performance and the reporting of Agreement
performance information in the State's Agreement management system ("Contract Management
System" or "CMS"). Grantee's performance shall be subject to evaluation and review in
accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS,
and State Fiscal Rules and State Controller policies.
19. GENERAL PROVISIONS
A.
Assignment
Grantee's rights and obligations under this Agreement are personal and may not be
transferred or assigned without the prior, written consent of the State. Any attempt at
assignment or transfer without such consent shall be void. Any assignment or transfer of
Grantee's rights and obligations approved by the State shall be subject to the provisions of
this Agreement.
B. Subcontracts
Grantee shall not enter into any subgrant or subcontract in connection with its obligations
under this Agreement without the prior, written approval of the State.
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C. Binding Effect
Except as otherwise provided in §19.A., all provisions of this Agreement, including the
benefits and burdens, shall extend to and be binding upon the Parties' respective successors
and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this
Agreement and the performance of such Party's obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall
not be used to interpret, define, or limit its provisions. All references in this Agreement to
sections (whether spelled out or using the § symbol), subsections, exhibits or other
attachments, are references to sections, subsections, exhibits or other attachments contained
herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and
the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties
related to the Work, and all prior representations and understandings related to the Work, oral
or written, are merged into this Agreement. Prior or contemporaneous additions, deletions,
or other changes to this Agreement shall not have any force or effect whatsoever, unless
embodied herein.
H. Jurisdiction and Venue
All suits or actions related to this Agreement shall be filed and proceedings held in the State
of Colorado and exclusive venue shall be in the City and County of Denver.
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall
only be effective if agreed to in a formal amendment to this Agreement, properly executed
and approved in accordance with applicable Colorado State law and State Fiscal Rules.
Modifications permitted under this Agreement, other than Agreement amendments, shall
conform to the policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or
other authority shall be interpreted to refer to such authority then current, as may have been
changed or amended since the Effective Date of this Agreement.
K. Order of Precedence
In the event of a conflict or inconsistency between this Agreement and any Exhibits or
attachment such conflict or inconsistency shall be resolved by reference to the documents in
the following order of priority:
i. Colorado Special Provisions in §20. of the main body of this Agreement.
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ii. The provisions of the other sections of the main body of this Agreement.
iii. Exhibit A, Statement of Work.
iv. Exhibit B, Budget.
v. Exhibit C, Grantee Report.
vi. Exhibit D, Commitment Letter.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision of this Agreement, which shall remain in full
force and effect, provided that the Parties can continue to perform their obligations under this
Agreement in accordance with the intent of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or
expiration of this Agreement shall survive the termination or expiration of this Agreement
and shall be enforceable by the other Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle
D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from
State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S.
(Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be
liable for the payment of any excise, sales, or use taxes, regardless of whether any political
subdivision of the state imposes such taxes on Grantee. Grantee shall be solely responsible
for any exemptions from the collection of excise, sales or use taxes that Grantee may wish to
have in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described in §19.A., this Agreement
does not and is not intended to confer any rights or remedies upon any person or entity other
than the Parties, except that County shall be a third -party beneficiary of this Agreement.
Enforcement of this Agreement and all rights and obligations hereunder are reserved solely
to the Parties. Any services or benefits which third parties receive as a result of this
Agreement are incidental to this Agreement, and do not create any rights for such third
parties.
P. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Agreement,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single
or partial exercise of any right, power, or privilege preclude any other or further exercise of
such right, power, or privilege.
Q.
CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures
and standards required under §24-106-107, C.R.S., if any, are subject to public release
through the CORA.
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R. Standard and Manner of Performance
Grantee shall perform its obligations under this Agreement in accordance with the highest
standards of care, skill and diligence in Grantee's industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations.
Grantee shall secure, prior to the Effective Date, and maintain at all times during the term of
this Agreement, at its sole expense, all licenses, certifications, permits, and other
authorizations required to perform its obligations under this Agreement, and shall ensure that
all employees, agents and Subcontractors secure and maintain at all times during the term of
their employment, agency or Subcontractor, all license, certifications, permits and other
authorizations required to perform their obligations in relation to this Agreement.
T. Indemnification
i. General Indemnification
Grantee shall indemnify, save, and hold harmless the State, its employees, agents and
assignees (the "Indemnified Parties"), against any and all costs, expenses, claims,
damages, liabilities, court awards and other amounts (including attorneys' fees and
related costs) incurred by any of the Indemnified Parties in relation to any act or
omission by Grantee, or its employees, agents, Subcontractors, or assignees in
connection with this Agreement.
ii. Confidential Information Indemnification
Disclosure or use of State Confidential Information by Grantee in violation of §10 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 Indemnified Parties,
against any and all claims, damages, liabilities, losses, costs, expenses (including
attorneys' fees and costs) incurred by the State in relation to any act or omission by
Grantee, or its employees, agents, assigns, or Subcontractors in violation of §10.
20. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-1)
These Special Provisions apply to all contracts except where noted in italics.
A. CONTROLLER'S APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller
or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
No term or condition of this Agreement 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, §24-10-101, et seq., C.R.S., or the Federal Tort
Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b).
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D. 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
shall not pay for or otherwise provide such coverage for Grantee or any of its agents or
employees. Unemployment 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 this Agreement. 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 (i) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (ii) provide proof thereof when
requested by the State, and (iii) be solely responsible for its acts and those of its employees
and agents.
E. COMPLIANCE WITH LAW.
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. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. 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 Agreement, to the extent capable of execution.
G. 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 Agreement or incorporated herein by reference
shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this Agreement 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 Agreement 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 Agreement, including, without limitation, immediate
termination of this Agreement and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
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I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and
24-50-507, C.R.S.
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 Agreement. 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. VENDOR OFFSET. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the
State Controller may withhold payment under the State's vendor offset intercept system for
debts owed to State agencies for: (i) unpaid child support debts or child support arrearages;
(ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et
seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher
Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and
(v) other unpaid debts owing to the State as a result of final agency determination or judicial
action.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and
services] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract
with a person without documentation who will perform work under this Agreement and will
confirm the employment eligibility of all employees who are newly hired for employment in
the United States to perform work under this Agreement, through participation in the E -
Verify Program established under Pub. L. 104-208 or the State verification program
established pursuant to §8-17.5-102(5)(c), C.R.S., Grantee shall not knowingly employ or
contract with a person without documentation to perform work under this Agreement or enter
into a contract with a Subcontractor that fails to certify to Grantee that the Subcontractor shall
not knowingly employ or contract a person without documentation to perform work under
this Agreement. Grantee (i) shall not use E -Verify Program or State program procedures to
undertake pre -employment screening of job applicants while this Agreement is being
performed, (ii) shall notify the Subcontractor and the contracting State agency within 3 days
if Grantee has actual knowledge that a Subcontractor is employing or contracting with a
person without documentation for work under this Agreement, (iii) shall terminate the
subcontract if a Subcontractor does not stop employing or contracting with the person without
documentation within 3 days of receiving the notice, and (iv) shall comply with reasonable
requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5),
C.R.S., by the Colorado Department of Labor and Employment. If Grantee participates in the
State program, Grantee shall deliver to the contracting 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 §§8-17.5-101 et seq., C.R.S., the contracting State agency, institution of higher
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education or political subdivision may terminate this Agreement for breach and, if so
terminated, Grantee shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Grantee, if a natural person 18 years of age or older, hereby swears and affirms under penalty
of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States
pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101 et seq., C.R.S.,
and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to
the Effective Date of this Agreement.
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EXHIBIT A, STATEMENT OF WORK
1. GRANTEE GOALS AND OBJECTIVES
1.1 Grantee Goals:
Weld County will work with Greeley- Weld Urban Enterprise Zone Fund and the Weld County Bright
Futures program to match the COSI state funds of $276,714 for a 1:1 to total of $553,428. Scholarships
of up to $2,000 per student per academic year would allow the project to fund approximately 277 annual
scholarships (not to exceed a total of $553,428) to eligible Weld County students.
Objective 1: Scholarships
Award 277 Weld County Bright Futures scholarships of approximately $2,000 per year for academic
year 2019-2020. Scholarships are contingent on student's academic performance, completion of college
credits, and other evidence that the student is making academic progress towards an accredited training
program or degree.
Objective 2: Student Support
The Bright Futures team provides adi iinistration support to scholars, ensuring they are meeting
scholarship eligiblity and connecting to institutional student supports. In addition, Bright Future/COSI
scholarship recipients will be required to participate in an on -campus student support
program. This requirment will be made clear to students and the Bright Futures team will work
to connect students with these on -campus support programs. Intentional connections and hand-
offs will be standard at all postsecondary institutions that are funded through COSI's
Community Partnership Program.
Objective 3: Fundraising
Weld County has committed $15 million to serve as matching funds for donors that donate to the Bright
Futures Program. The donors under SB15-82 receive a 50% property tax credit back for the amount
donated to Bright Futures. In 2017 and 2018 nearly one -million dollars were raised each year as
matching funds for Bright Futures. In addition, the county has recently added $3.0 million more to the
scholarship fund in 2018 and is budgeting $3.0 million in the 2019 county budget for Bright Futures.
2. GRANTEE IMPLEMENTATION PLAN
2.1 Timeline
The funds from the Fourth Round of COSI grant will be distributed in the academic year of 2019-2020. Half of
the funds would be distributed in August 2019 (for fall 2019), and the other half in November 2019 (for spring
2020).
3. ASSURANCES
Grantee agrees to the following Assurances:
1. Grantee will annually provide CDHE and County with evaluation information required by Exhibit C.
2. Grantee will work with and provide requested data to CDHE 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 Grant.
Exhibit A Page 1 of 2
EXHIBIT B, BUDGET
EXHIBIT B — BUDGET
Summary of Budget for FY 18-19
Fall 2019 -Spring 2020 Approximatly 277 scholarships at $2,000 I $554,000
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, 2020. The State intends to administer two (2)
payments in FY 2019-2020.
Proposed Invoice Schedule
Month
Year
CDHE
Amount
Match Amount
Source
JUL
2019
$138,357
Grantee Match
JUL
2019
$138,357
Colorado Department of Higher
Education
NOV
2019
$138,357
Grantee Match
NOV
2019
$138,357
Colorado Department of Higher
Education — Administrative Fee
Total
$276,714
$276,714
Total Award Amount including
Grantee Match
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Exhibit B Page 1 of 1
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 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 a part of its regular audits.
8. If any findings of misuse of these Grant Funds are discovered, Grant Funds will be returned to CDHE.
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 CDHE 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.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Exhibit A Page 2 of 2
EXHIBIT C, GRANTEE REPORT
Grantee must submit a performance report to CDHE and County on or before June 30, 2020, following the
completion of grant funding.
Data collection, reporting, and evaluation will be centered on the program goals and required activities
outlined in the Statement of work/Implementation Timeline. Adequate policies and tools ensure accuracy
and timeliness. Ultimately the data and reports will be used to evaluate the program and determine success,
challenges, and need for support. There will be continued support from COSI technical assistance staff to aid in
developing and implementing your data collection tool and plan. Reference the COSI website at
www.coloradoscholarshipinitiative.org (filed under Resources for Grantees) for materials and resources to
support.
Data Collection
Accurate and timely data collection will be important pieces to not only ensure that required activities are
completed, but also to make the reporting process easier. Data tracking tools should be organized in a manner to
track student level data and required activities. There will be continued support from COSI technical assistance
staff to aid in developing and implementing your data collection tool and plan.
Annual Report
Matching Student Scholarship grantees
Matching Student Scholarship grantees are required to submit an annual report on June 30 of the years
described above. The report is divided into two sections:
■ Narrative: The Grantee will provide an overview of the current status of the project, with a focus on
statement of work and required activities, collaborations and program highlights. The written portion of
the Annual Report is an opportunity to share qualitative data and special circumstances that otherwise
would not be reflected in quantitative results. Grantee must use the template provided by COSI.
• Student List: Grantee is required to provide student level data for students receiving scholarships funded
by the COSI MSS grant and matching funds (the combined total of the grant). Grantees must use the
template provided by COSI, complete a data sharing agreement with the Colorado Department of
Higher Education (CDHE) and utilize the secure submission process that will be provided by CDHE.
o Matching Student Scholarship data points
• Grant Code
■ SSN
• Report Year
• Report Term
• DOB
• Institution attended Code
• Institutional Student ID
■ Scholarship amount
• County (this is applicable only to MSS grantees that distribute county grants)
Exhibit C Page 1 of 2
Templates are provided in the appendix section of the resource guide. They will also be sent out via email and
are available on the COSI website. There will be continued support from COSI technical assistance staff to
assist in reporting.
Data Check -in
In addition to the annual report, Grantee's are required to participate in a data check -in at site visits and regional
meetings with COSI Staff. Grantees may also be required to participate in research that would require additional
data and reporting on top of those listed in this RFP.
COSI staff will work with grantees to develop rigorous program metrics that will help them meet their program
goals and objectives. During the drafting of grant agreements, Grantees will receive technical assistance on:
• Creating customized and individualized data reports to determine baseline data
• Selecting realistic and appropriate metrics
• Determining benchmarks to support progress monitoring
• Using data to inform decisions for programming
Evaluation
COSI's evaluation plan, analysis and results are only possible with the complete and timely submission of data
and reports from grantees. It is important that grantees utilize the templates, submit reports and data requests in a
timely manner, and ask for support when needed.
COSI's evaluation of program progress and outcomes is only one level of evaluation that grantees may utilize to
evaluate their program. It is encouraged that grantees implement their own evaluation plan and process to ensure
that they are meeting their goals and objectives. Evaluating your program allows you to analyze such areas as
programs activities, management, and objectives and outcomes and helps you demonstrate progress and make
adjustments when necessary.
Exhibit C Page 2 of 2
EXHIBIT D - PROOF OF FUNDS LETTER
Date Submitted:
Grantee Name:
On Behalf of (if applicable):
Grant Code:
Year of Grant Award:
Total Amount Matched & Submitted
To -Date (including this letter):
[$total amount raised to -date] / [$total amount to raise]
Shelley Banker
Director, Colorado Opportunity Scholarship Initiative
Colorado Department of Higher Education
1600 Broadway Street, Suite 2200
Denver, CO 80202
Dear Shelley,
May this letter serve as [Grantee Name, on behalf of (if applicable)] certification that [$amount] in new
scholarship dollars have been raised to match the State's allocation of 1:1 Matching Student Scholarship (MSS)
grants.
These new funds were raised leveraging the state's match, and were obtained from the following sources:
• Individuals:
• Foundations:
• Corporations:
• Special Events:
• Other:
• Total:
With the signature(s) below, the authorized representative(s) confirm that the above statements are true.
Signature Date
[title]
Signature Date
[title]
If Grantee has multiple grants, submit one letter per grant code until the matched funds are fulfilled.
Certifications must be emailed to cosi_info@dhe.state.co.us prior to billing cycles.
CERTIFICATIONS SENT BY MAIL WILL NOT BE RECEVED AND PAYMENTS WILL NOT BE ISSUED.
Exhibit D Page 1 of 1
EXHIBIT E - DATA AGREEMENT
Data Use Agreement between Colorado Department of Higher Education
and Grantee: Greeley -Weld Urban Enterprise Zone Fund
on behalf of (if applicable): Weld County
This Data Use Agreement is entered into by and between Grantee above (hereinafter called "Data
Provider") and the STATE OF COLORADO (hereinafter called the "State") acting by and through
the Colorado Department of Higher Education (DHE) (hereinafter called the "Data Receiver").
This agreement will become effective upon being signed by both parties and will remain effective
through the end of reporting requirements listed in Data Provider's existing Grant Contracts:
Grant Code:
Grantee Type: Matching Student Scholarships
Termination Date: June 30, 2020
Definitions:
For the purposes of this data use agreement,
• "Identifying information"/"identifying data" shall refer to any data elements that could
potentially identify a student or employee, and includes DOB, gender, race/ethnicity, and
social security number.
• "Confidential information"/"confidential data" shall refer to any non-public information
regarding an individual student, which may include any of the data elements listed below,
or "Student Unit Record System"! "SURDS."
FERPA Regulations and Studies Exception:
All data sharing measures will be performed in accordance with the requirements of the federal
"Family Education Rights and Privacy Act of 1974 as amended, (20 U.S.C. §1232g) (FERPA). The law
applies to all schools that receive funds under an applicable program of the U.S. Department of
Education. An educational agency or institution may disclose personally identifiable information
(PI I) from an education record of a student without consent to authorized representatives of State
and local education authorities in connection with an audit or evaluation of Federal or State
supported education programs. (34 CFR §99.31(a)(3); 34 CFR § 91.35 (a)(1)).
Data Provider Obligations:
The Data Provider maintains ownership of the data. The Data Receiver does not obtain any right,
title or interest in any of the data furnished by the provider. Data Provider ensures that no
identifying information will be transmitted through unsecured connections. All data exchanges will
be conducted via the DHE secure data exchange web portal. Data Provider will be supplied with a
login and password to access the portal and download agreed -upon data files.
Data Receiver Obligations/Other:
Exhibit E Page 1 of 1
COLORADO
Department of
Higher Education
The receiver of data maintains a stewardship responsibility for the preservation and quality of the
data. A data steward is responsible for the operational, technical, and informational management
of the data.
a. Uses and disclosures as provided in this agreement. Data Receiver may use and disclose the
confidential information provided by the Data Provider only for the purposes described in
the research proposal and only in a manner that does not violate local or federal privacy
regulations adopted by the Data Provider. Only the individuals or classes of individuals will
have access to the data that need access to the confidential information to do the work as
presented in the Grant Agreement.
b. Nondisclosure Except as Provided in this Agreement. Data Receiver shall not use or further
disclose the confidential data except as stated in the research proposal. The Data Receiver
does not have permission to redisclose data to a third party.
c. Safeguards. Data Receiver agrees to take appropriate administrative, technical and physical
safeguards to protect the data from any unauthorized use or disclosure not provided for in
this agreement. The Data Receiver agrees to abide by all federal regulations, including
FERPA. Data Provider must ensure that no identifying information will be transmitted
through unsecured telecommunications, including the unsecured Internet connections.
d. Reasonable Methods. Data Receiver agrees to use "reasonable methods" to ensure to the
greatest extent practicable that Data Receiver and all parties accessing data are FERPA-
compliant. Approval to use PII for one study does not confer approval to use it for another.
e. Confidentiality. Data Receiver agrees to protect data and information according to
acceptable standards and no less rigorously then they protect their own confidential
information. Identifiable level data will be not be reported or made public.
f.
g.
Reporting. Data Receiver shall report to Data Provider within 48 hours of Data Receiver
becoming aware of any use or disclosure of the confidential information in violation of this
agreement or applicable law.
Public Release. No confidential information will be publicly released.
h. Data Retention/Destruction of Records at End of Activity. Records must be destroyed in a
secure manner or returned to the Data Provider at the end of the work described in the
work proposal. Data Receiver agrees to send a written certificate that the data have been
properly destroyed or returned within 30 days of the end of the work as described in the
proposal. However, any de -identified data may be retained for future use. As a courtesy,
Data Provider requests to be informed of future uses of de -identified data.
i. Proper Disposal Methods. In general, proper disposal methods may include, but are not
limited to:
a. For PII in paper records, shredding, burning, pulping, or pulverizing the records so
that PII is rendered essentially unreadable, indecipherable, and otherwise cannot be
reconstructed.
Exhibit E Page 2 of 5
J•
COLORADO
Department of
Higher Education
b. For PII on electronic media, clearing (using software or hardware products to
overwrite media with non -sensitive data), purging (degaussing or exposing the media
to a strong magnetic field in order to disrupt the recorded magnetic domains), or
destroying the media (disintegration, pulverization, melting, incinerating, or
shredding).
c. Other methods of disposal also may be appropriate, depending on the circumstances.
Organizations are encouraged to consider the steps that other data professionals are
taking to protect student privacy in connection with record disposal.
Minimum Necessary. Data Receiver attests that the confidential information requested
represents the minimum necessary information for the work as described in the research
proposal and that only relevant individuals will have access to the confidential information
in order to perform the work.
k. Institutional Review Board (IRB). If necessary, the Data Receiver agrees to furnish all
documentation concerning IRB reviews, and to submit required documentation to an IRB or
Privacy Board should research protocols change. Data Receiver agrees to submit to the Data
Provider any change in waiver status or conditions for approval of the project by an IRB
relating to the work described in the research proposal.
1. Authorizations. The Data Receiver agrees to secure individual authorizations to use the
confidential information. Documentation must be provided to DHE prior to receipt of the
confidential information.
m. Data Ownership. Data Provider is the data owner. Data Receiver does not obtain any right,
title, or interest in any of the data furnished by Data Provider.
n. Publication/release requirements. If applicable, Data Receiver will notify Data Provider
when a publication or presentation is available and provide a copy upon request.
o. Data Breach. In the event of a data breach the Data Receiver will be responsible for
contacting and informing any parties, including students, which may have been affected by
the security incident. It should be noted that by signing this written agreement on behalf of
Data Receiver, the signatory accepts responsibility for data security.
P.
q•
Non -Financial Understanding. This agreement is a non -financial understanding between DHE
and the Data Provider. No financial obligation by or on behalf of either of the parties is
implied by a party's signature at the end of this agreement.
Indemnity. Colorado state agencies will be held harmless from all claims, liabilities,
damages, or judgments involving a third party, including the State's costs and attorney fees.
Exhibit E Page 3 of 5
COLORADO
Department of
Higher Education
Purpose:
The purpose of data sharing under this Agreement is to carry out an audit or evaluation of State -
supported education programs.
Scope of Work
Data Provider will provide Data Receiver with information regarding any data points listed in Exhibit
C of the Grant Agreement and any other data points as requested by the Data Receiver that will
assist CDHE in evaluating the effectiveness of the initiative in improving higher education outcomes
in the state, including but not limited to, the criteria listed in C.R.S. 23-3.3-1004(4)(a)(IV)(A)-(J).
Data Provider agrees to upload requested data via a secure FTP website on an annual basis. Data
Receiver will provide the link and necessary information for upload. Student identifiers will be
linked to either a state level secondary and/or postsecondary dataset which houses additional
education outcome variables that will be used to assess the effectiveness of the program.
Data: REFERENCE PAGE 1 FOR YOUR GRANT TYPE.
For Matching Student Scholarship Recipients, the data will include:
Matching Student Scholarships (MSS)
• Grant Code (will be provided on report template)
• Report Year
• Report Term
• Education Institution enrolled (if applicable)
• SASID, SSN, or Student institution ID (depending on pre -collegiate or postsecondary)
• Date of Birth
• County of residence
• Scholarship amount
For Community Partner Programs (CPP) (Pre -Collegiate, Postsecondary Partners) the data will
include:
CPP Pre -Collegiate Partners
• Grant Code (via key)
• School Year Served (prefill in the
template)
• High School (via code)
• SASID (10 digit fixed)
• Date of Birth (MMDDYYYY)
• Current Grade Level (9,10,11,12)
• Expected Graduation Year (four
digit)
CPP Postsecondary Partners
• Grant Code (via key)
• Report Year (YYYY)
• Report Term
• Institution Attended (via code)
• Institution Student ID
• SSN (9 digit, no dashes)
• Date of Birth (MMDDYYYY)
• Current Grade Level
• Expected Graduation Year
• COSI Scholarship Recipient
Individual student demographic variables will be shared by Data Provider in order to link students to
state educational databases. Once linked, all identifying variables will be removed from the dataset
used to measure outcomes and progress. Matched data will be shared through the secure DHE web
portal. Additionally, the Excel file will be password protected. All data will be linked using the
SASID and or SSN and date of birth but these variables will not be shared. No other personally
identifiable variables will be included as all data will be de -identified.
Exhibit E
Page 4 of 5
COLORADO
Department of
Higher Education
Data Provider/Grantee Point of Contact Name:
Title: Renee Fielder
Institution/Agency: Assistant Treasurer -Weld County
Phone Number: 970-400-3257 Email Address: rfielder@weldgov.com
Physical Address: 1400 N. 17th Ave. Greeley, CO 80631
Data Provider Data Custodian - Person responsible to submit reporting.
Same As Above? _X_Yes _No
Custodian Name:
Title:
Institution/Agency:
Phone Number:
Physical Address:
Email Address: rfielder@weldgov.com
Signed by Data Provider Designated Signatory - Legally responsible for grantee organization.
Same As Above? _X_Yes _No
Data Provider Designated Signature: Z Date: P -
Printed Name:
Title:
Institution/Agency:
Phone Number:
Physical Address:
Email Address: rfielder@weldgov.com
CDHE ONLY
Data Receiver Contact: Shelley Banker
Title: Colorado Opportunity Scholarship Initiative Director
Phone Number: 303-974-2673
Physical Address: 1600 Broadway, Suite 2200, Denver, Colorado 80202
0
/F
Signed by Data Receiver Designated Signatory: Date:
Printed Name:
Title:
Institution/Agency:
Physical Address:
Dr. Lauren Ramsay
Chief Strategy and Research Officer
Colorado Department of Higher Education
1600 Broadway, Suite 2200, Denver, CO 80202
Exhibit E Page 5 of 5
COLORADO
Department of
Higher Education
Data Use Agreement between Colorado Department of Higher Education and
and Grantee: Greeley -Weld Urban Enterprise Zone Fund
on behalf of (if applicable)
Weld County
This Data Use Agreement is entered into by and between Grantee above (hereinafter called "Data
Provider") and the STATE OF COLORADO (hereinafter called the "State") acting by and through
the Colorado Department of Higher Education (DHE) (hereinafter called the "Data Receiver").
This agreement will become effective upon being signed by both parties and will remain effective
through the end of reporting requirements listed in Data Provider's existing Grant Contracts:
Grant Code: CTGG 1 2018-2148
Grantee Type: Matching Student Scholarship
Termination Date: June 30, 2019
Definitions:
For the purposes of this data use agreement,
• "Identifying information"/"identifying data" shall refer to any data elements that could
potentially identify a student or employee, and includes DOB, gender, race/ethnicity, and
social security number.
• "Confidential information"/"confidential data" shall refer to any non-public information
regarding an individual student, which may include any of the data elements listed below,
or "Student Unit Record System"! "SURDS."
FERPA Regulations and Studies Exception:
All data sharing measures will be performed in accordance with the requirements of the federal
"Family Education Rights and Privacy Act of 1974 as amended, (20 U.S.C. §1232g) (FERPA). The law
applies to all schools that receive funds under an applicable program of the U.S. Department of
Education. An educational agency or institution may disclose personally identifiable information
(PII) from an education record of a student without consent to authorized representatives of State
and local education authorities in connection with an audit or evaluation of Federal or State
supported education programs. (34 CFR §99.31(a)(3); 34 CFR § 91.35 (a)(1)).
Data Provider Obligations:
The Data Provider maintains ownership of the data. The Data Receiver does not obtain any right,
title or interest in any of the data furnished by the provider. Data Provider ensures that no
identifying information will be transmitted through unsecured connections. All data exchanges will
be conducted via the DHE secure data exchange web portal. Data Provider will be supplied with a
login and password to access the portal and download agreed -upon data files.
1
COLORADO
Department of
Higher Education
Data Receiver Obligations/Other:
The receiver of data maintains a stewardship responsibility for the preservation and quality of the
data. A data steward is responsible for the operational, technical, and informational management
of the data.
a. Uses and disclosures as provided in this agreement. Data Receiver may use and disclose the
confidential information provided by the Data Provider only for the purposes described in
the research proposal and only in a manner that does not violate local or federal privacy
regulations adopted by the Data Provider. Only the individuals or classes of individuals will
have access to the data that need access to the confidential information to do the work as
presented in the Grant Agreement.
b. Nondisclosure Except as Provided in this Agreement. Data Receiver shall not use or further
disclose the confidential data except as stated in the research proposal. The Data Receiver
does not have permission to redisclose data to a third party.
c. Safeguards. Data Receiver agrees to take appropriate administrative, technical and physical
safeguards to protect the data from any unauthorized use or disclosure not provided for in
this agreement. The Data Receiver agrees to abide by all federal regulations, including
FERPA. Data Provider must ensure that no identifying information will be transmitted
through unsecured telecommunications, including the unsecured Internet connections.
d. Reasonable Methods. Data Receiver agrees to use "reasonable methods" to ensure to the
greatest extent practicable that Data Receiver and all parties accessing data are FERPA-
compliant. Approval to use PII for one study does not confer approval to use it for another.
e. Confidentiality. Data Receiver agrees to protect data and information according to
acceptable standards and no less rigorously then they protect their own confidential
information. Identifiable level data will be not be reported or made public.
f.
Reporting. Data Receiver shall report to Data Provider within 48 hours of Data Receiver
becoming aware of any use or disclosure of the confidential information in violation of this
agreement or applicable law.
g. Public Release. No confidential information will be publicly released.
h. Data Retention/Destruction of Records at End of Activity. Records must be destroyed in a
secure manner or returned to the Data Provider at the end of the work described in the
work proposal. Data Receiver agrees to send a written certificate that the data have been
properly destroyed or returned within 30 days of the end of the work as described in the
proposal. However, any de -identified data may be retained for future use. As a courtesy,
Data Provider requests to be informed of future uses of de -identified data.
i. Proper Disposal Methods. In general, proper disposal methods may include, but are not
limited to:
a. For PII in paper records, shredding, burning, pulping, or pulverizing the records so
that PII is rendered essentially unreadable, indecipherable, and otherwise cannot be
reconstructed.
2
COLORADO
Department of
Higher Education
b. For PII on electronic media, clearing (using software or hardware products to
overwrite media with non -sensitive data), purging (degaussing or exposing the media
to a strong magnetic field in order to disrupt the recorded magnetic domains), or
destroying the media (disintegration, pulverization, melting, incinerating, or
shredding).
c. Other methods of disposal also may be appropriate, depending on the circumstances.
Organizations are encouraged to consider the steps that other data professionals are
taking to protect student privacy in connection with record disposal.
Minimum Necessary. Data Receiver attests that the confidential information requested
represents the minimum necessary information for the work as described in the research
proposal and that only relevant individuals will have access to the confidential information
in order to perform the work.
k. Institutional Review Board (IRB). If necessary, the Data Receiver agrees to furnish all
documentation concerning IRB reviews, and to submit required documentation to an IRB or
Privacy Board should research protocols change. Data Receiver agrees to submit to the Data
Provider any change in waiver status or conditions for approval of the project by an IRB
relating to the work described in the research proposal.
I. Authorizations. The Data Receiver agrees to secure individual authorizations to use the
confidential information. Documentation must be provided to DHE prior to receipt of the
confidential information.
m. Data Ownership. Data Provider is the data owner. Data Receiver does not obtain any right,
title, or interest in any of the data furnished by Data Provider.
n. Publication/release requirements. If applicable, Data Receiver will notify Data Provider
when a publication or presentation is available and provide a copy upon request.
o. Data Breach. In the event of a data breach the Data Receiver will be responsible for
contacting and informing any parties, including students, which may have been affected by
the security incident. It should be noted that by signing this written agreement on behalf of
Data Receiver, the signatory accepts responsibility for data security.
P.
q.
Non -Financial Understanding. This agreement is a non -financial understanding between DHE
and the Data Provider. No financial obligation by or on behalf of either of the parties is
implied by a party's signature at the end of this agreement.
Indemnity. Colorado state agencies will be held harmless from all claims, liabilities,
damages, or judgments involving a third party, including the State's costs and attorney fees.
3
COLORADO
Department of
Higher Education
Purpose:
The purpose of data sharing under this Agreement is to carry out an audit or evaluation of State -
supported education programs.
Scope of Work
Data Provider will provide Data Receiver with information regarding any data points listed in Exhibit
C of the Grant Agreement and any other data points as requested by the Data Receiver that will
assist CDHE in evaluating the effectiveness of the initiative in improving higher education outcomes
in the state, including but not limited to, the criteria listed in C.R.S. 23-3.3-1004(4)(a)(IV)(A)-(J).
Data Provider agrees to upload requested data via a secure FTP website on an annual basis. Data
Receiver will provide the link and necessary information for upload. Student identifiers will be
linked to either a state level secondary and/or postsecondary dataset which houses additional
education outcome variables that will be used to assess the effectiveness of the program.
Data: REFERENCE PAGE 1 FOR YOUR GRANT TYPE.
For Matching Student Scholarship Recipients, the data will include:
Matching Student Scholarships (MSS)
• Grant Code (will be provided on report template)
• Report Year
• Report Term
• Education Institution enrolled (if applicable)
• SASID, SSN, or Student institution ID (depending on pre -collegiate or postsecondary)
• Date of Birth
• County of residence
• Scholarship amount
For Community Partner Programs CPP (Pre -Collegiate, Postsecondary Partners) the data will include:
Pre -Collegiate Partners
• Grant Code (via key)
• School Year Served (prefill in the
template)
• High School (via code)
• SASID (10 digit fixed)
• Date of Birth (MMDDYYYY)
• Current Grade Level (9,10,11,12)
• Expected Graduation Year (four
digit)
Postsecondary Partners
• Grant Code (via key)
• Report Year (YYYY)
• Report Term
• Institution Attended (via code)
• Institution Student ID
• SSN (9 digit, no dashes)
• Date of Birth (MMDDYYYY)
• Current Grade Level
• Expected Graduation Year
• COSI Scholarship Recipient
Individual student demographic variables will be shared by Data Provider in order to link students to
state educational databases. Once linked, all identifying variables will be removed from the dataset
used to measure outcomes and progress. Matched data will be shared through the secure DHE web
portal. Additionally, the Excel file will be password protected. All data will be linked using the
SASID and or SSN and date of birth but these variables will not be shared. No other personally
identifiable variables will be included as all data will be de -identified.
4
COLORADO
Department of
Higher Education
Data Provider/Grantee Point of Contact Name: Renee Fielder
Title: Assistant Treasurer -Weld County
Institution/Agency: Weld County Treasurer
Phone Number: 970-400-3257 Email: rfielder@weldgov.com
Physical Address: 1400 N. 17th Avenue Greeley, CO 80631
Data Provider Data Custodian - Person responsible to submit reporting.
Same As Above? Yes Q No
Custodian Name:
Title:
Institution/Agency:
Phone Number:
Physical Address:
Email: rfielder@weldgov.com
Signed by Data Provider Designated Sign tory - Legally responsible for grantee organization.
Same As Above? Des! -J No
Data Provider Designated Signature:
Printed Name:
Title:
Institution/Agency:
Richard Werner
President & CEO
Upstate Colorado
Date: 1a/i//P
Phone Number: 970-356-4565 Email: rwerner@upstatecolorado.org
Physical Address: 822 7th St., Suite 550 Greeley, CO 80631
Data Receiver Contact:
Title:
Phone Number:
Physical Address:
CDHE ONLY
Shelley Banker
Colorado Opportunity Scholarship Initiative Director
303-974-2673
1600 Broadway, Suite 2200, Denver, Colorado 80202
Signed by Data Receiver Designated Signatory: Date:
Printed Name:
Title:
Institution/Agency:
Physical Address:
Dr. Lauren Ramsay
Chief Strategy and Research Officer
Colorado Department of Higher Education
1600 Broadway, Suite 2200, Denver, CO 80202
5
Esther Gesick
From:
Sent:
To:
Subject:
R..ev .ee Fi,eLder
Renee Fielder
Tuesday, December 11, 2018 9:14 AM
Esther Gesick
FW: Application for Matching Student Scholarships - Award Notification
Assistant Treasurer — Weld County
970-400-3257
rfielder@weldgov.com
Weld County Treasurer
Attn: Renee Fielder
1400 N 17th Avenue or PO Box 458
Greeley, CO 80631
From: Don Warden
Sent: Monday, November 19, 2018 9:49 AM
To: Renee Fielder <rfielder@weldgov.com>
Cc: Rich Werner <rwerner@upstatecolorado.org>; John Lefebvre <jlefebvre@weldgov.com>
Subject: RE: Application for Matching Student Scholarships - Award Notification
Renee,
Great job on doing the grant and getting it approved! The agreement looks fine, but the signature block needs to be
changed from your name to Rich Werner's name for Upstate, and from Julie Cozad's name to Steve Moreno for the
County. It is a pdf document, so can you contact the state person to see if she will change the names and send it back to
you. Once you get it back have Rich sign it and then put it on the agenda for the Commissioners to approve and sign.
Thanks for all your work on this!!
Donald D. Warden
Director of Finance and Administration
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email: dwarden@co.weld.co.us
1
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
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From: Renee Fielder
Sent: Friday, November 16, 2018 2:56 PM
To: 'Amy Tallent' <amv@tallentco.com>; Rich Warner <rwerner@upstatecolorado.org>
Cc: Don Warden <dwarden@weldgov.com>; Michelle Jensen <mkiensen@weldgov.com>; Heidi Becker
<hbecker@weldgov.com>
Subject: FW: Application for Matching Student Scholarships - Award Notification
R.ewee Fi,eLot er
Assistant Treasurer — Weld County
970-400-3257
rfielder@weldgov.com
Weld County Treasurer
Attn: Renee Fielder
1400 N 17th Avenue or PO Box 458
Greeley, CO 80631
From: Jacquie Granados <Jacquie.Granados@dhe.state.co.us>
Sent: Friday, November 16, 2018 2:52 PM
To: Renee Fielder <rfielder@weldgov.com>
Cc: Cosi Info <COSI.Info@dhe.state.co.us>
Subject: Application for Matching Student Scholarships - Award Notification
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good Afternoon, Renee Fielder,
It is with pleasure that our team inform you of the approval of your application for the Colorado Opportunity Scholarship
Initiative's Matching Student Scholarship on behalf of Greeley -Weld Urban Enterprise Zone Fund for the amount of
$276,714.00. Please see formal letter attached.
Information on the grant execution process be found in the attached materials: Colorado Opportunity Scholarship
Initiative Grant Agreement Process
Next step: We are also attaching the agreement to be signed by your organization and county. Please carefully review
exhibits and timelines in the agreement prior to signature as our team may have made modifications from your original
proposal based on your proposed implementation schedule to better align with our program's administrative
procedures. Once you have reviewed, please sign and returnthefullagreementtocosi_info@dhe.state.co.us. Electronic
copies are preferred, and hard copies via snail mail are not required on our end.
Our goal is to have agreement to be in place by December 31, 2018.
2
Congratulations! We are excited to have you as part of the Colorado Opportunity Scholarship Initiative network.
Sincerely,
Jacquie Granados
PRONOUNS: SHE, HER, HERS, ELLA
Student Success Network Coordinator
Colorado Opportunity Scholarship Initiative
Hablo Espanol
P 303.974.2487 ! F 303.996.1329
1600 Broadway, Suite 2200, Denver, CO 80202 Please note we moved!
Jacuie.Granados@dhe.state.co.us I highered.colorado.gov
3
Y
COLORADO
Colorado Opportunity
Scholarship Initiative
FY18/19 S/19 Allocation of Colorado Opportunity Scholarship Initiative \latching Student Scholarships
About the Scholarship I n itiativ e
The Colorado Opportunity Scholarship Initiative (COSI) was created with the goal of increasing the
attainment of post -secondary credentials and degrees for underserved students in Colorado. The project
addresses this challenge in two ways: accessibility and affordability. To increase accessibility, COSI
funds programs that will help prepare students for post -secondary education as well as support them
though completion. To increase affordability, COSI provides tuition support to students via matching
funds for community scholarships, so that tuition costs are not a barrier to entry and helping to reduce the
currently unmanageable amount of student loan debt.
Each year, the initiative shall approve and publicize the total funds available for matching student
scholarship grants during each fiscal year in three specific categories: County -based grants, Institution of
Higher Education grants; and Workforce Development grants.
With these allocations, eligible counties, institutions of higher education and community workforce
programs can apply for matching scholarship funds intended to:
• Generate greater availability of scholarship dollars for Colorado students whose income is
determined to be between 0% and 250% of the maximum permissible income for the purpose of
determining eligibility for Pell grants;
• Promote scholarship programs that include student support services to help students persist and
complete a certificate or degree in a timely fashion;
• Encourage communities to create or leverage scholarship foundations that assist their students
with covering the costs of higher education and motivate students to graduate and go on to pursue
a degree or credential; and
• To align tuition assistance programs with workforce development programs.
In FY 2018-2019, the Scholarship Initiative will award up to $7.5 million in grants for matching student
scholarships, designated as follows:
• Colorado Public Institutions of Higher Education: $1,500,000.00
• Colorado Counties: $5,000,000.00
• Workforce Programs: $1,000,000.00
Please note: 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 scholarship grants available at:
www.coloradoscholarshipinitiative.org/matching-scholarships/application. Award amounts will be a 1:1 match on
new scholarship dollars raised to meet designated allocations.
Colorado Opportunity Scholarship Initiative I Matching Student Scholarship Grant Allocations FY 2018-2019
Published July 2018
fY
COLORADO
Colorado Opportunity
Scholarship Initiative
FY 2018-2019 Matching Scholarship Grant Allocations by County
Based on Free and Reduced Lunch (FRL) Population'
COUNTY NAME
K-12 COUNT
% FREE AND
REDUCED
% of FRL of
total students
Graduates in
class of 2015
Estimated
number of
FRL
Graduates
(%)
Population
of FRL
Graduates
Proposed
County ($5,000,000)
FY 2017-2018
Allocation to
ADAMS
81,045
49.40%
50%
4,394
2,188
10.81%
$540,7:4
ALAMOSA
2,632
62.70%
45%
122
55
0.27%
$13,56(
ARAPAHOE
114,779
43.00%
43%
6,863
2,972
14.69%
$734,38
ARCHULETA
1,660
46.00%
52%
64
33
0.16%
$8,224
BACA
549
63.80%
67%
30
20
0.10%
$4,945
BENT
1,926
75.30%
84%
129
108
0.53%
$26,745
BOULDER
61,361
26.10%
25%
3,838
956
4.72%
$236,15 6
CHAFFEE
2,167
34.10%
37%
136
50
0.25%
$12,46E
CHEYENNE
265
47.50%
51%
24
12
0.06%
$3,042
CLEAR CREEK
737
27.10%
27%
47
13
0.06%
$3,136
CONEJOS
1,555
60.60%
66%
99
65
0.32%
$16,097
COSTILLA
460
84.60%
88%
24
21
0.10%
$5,195
CROWLEY
440
73.00%
53%
24
13
0.06%
$3,167
CUSTER
371
49.60%
52%
20
10
0.05%
$2,545
DELTA
4,735
56.50%
54%
330
178
0.88%
$43,951
DENVER
86,863
67.80%
67%
3,749
2,519
12.45%
$622,55 7
DOLORES
225
59.30%
56%
9
5
0.03%
$2,000
DOUGLAS
65,786
11.90%
12%
4,131
512
2.53%
$126,512
EAGLE
6,663
41.10%
36%
351
127
0.63%
$31,31i
ELBERT
3,087
22.30%
22%
224
50
0.25%
$12,281
EL PASO
117,939
39.60%
39%
7,194
2,777
13.72%
$686,202
FREMONT
5,098
52.20%
57%
285
163
0.81%
$40,281-
GARFIELD
11,162
47.70%
48%
676
327
1.62%
$80,851
GILPIN
447
27.10%
36%
20
7
0.04%
$2,000
GRAND
1,649
37.10%
29%
113
33
0.16%
$8,182
GUNNISON
1,998
26.20%
23%
117
27
0.14%
$6,765
HINSDALE
85
38.50%
34%
9
3
0.02%
$2,000
HUERFANO
730
72.00%
71%
44
31
0.16%
$7,763
JACKSON
163
48.20%
55%
13
7
0.04%
$2,000
JEFFERSON
83,144
32.60%
32%
5,324
1,688
8.34%
$417,05 3
1
A county's percentage of FRL population is based on the state's total population of K-12 students of FRL students,
according to the Colorado Department of Education, and is used to determine estimated share of allocated funds.
Data used for the total population of Free and Reduced Lunch (FRL) seniors in the graduating class of 2017 is an
estimation based on the percentage of FRL population in the district for all K-12 students, multiplied by the total
number of on -time graduating seniors in the 2017 class.
Colorado Opportunity Scholarship Initiative 1 Matching Student Scholarship Grant Allocations - FY 2018-2019
Published July 2018
1M
COLORADO
Colorado Opportunity
Scholarship Initiative
COUNTY NAME
K-12 COUNT
% FREE AND
REDUCED
% of FRL of
total students
Graduates in
class of 2015
Estimated
number of
FRL
Graduates
Population
(%)
of FRL
Proposed
County
FY 2017-2018
Allocation to
($5,000,000)
KIOWA
205
43.60%
52%
20
10
0.05%
$2,555
KIT CARSON
1,274
58.60%
62%
94
58
0.29%
$14,402
LAKE
940
67.20%
64%
41
26
0.13%
$6,494
LA PLATA
7,204
35.00%
35%
388
136
0.67%
$33,654
LARIMER
46,010
32.80%
33%
2,706
901
4.45%
$222,672
LAS ANIMAS
2,143
55.10%
55%
131
73
0.36%
$17,934
LINCOLN
680
42.30%
47%
32
15
0.07%
$3,732
LOGAN
2,731
46.90%
46%
187
86
0.43%
$21,257
MESA
21,860
50.60%
44%
1,317
583
2.88%
$144,173
MINERAL
80
63.00%
48%
4
2
0.01%
$2,000
MOFFAT
2,050
42.80%
38%
96
37
0.18%
$9,062
MONTEZUMA
3,823
60.80%
56%
200
112
0.55%
$27,726
MONTROSE
6,251
47.50%
48%
399
192
0.95%
$47,426
MORGAN
5,273
63.60%
61%
345
212
1.05%
$52,346
OTERO
3,302
68.80%
68%
193
131
0.65%
$32,288
OURAY
480
30.60%
28%
28
8
0.04%
$2,000
PARK
1,502
38.00%
37%
84
31
0.15%
$7,576
PHILLIPS
894
40.20%
44%
64
28
0.14%
$7,006
PITKIN
1,652
4.80%
5%
129
6
0.03%
$2,000
PROWERS
2,163
64.30%
62%
116
72
0.36%
$17,772
PUEBLO
25,608
64.60%
68%
1,389
938
4.63%
$231,686
RIO BLANCO
1,177
33.40%
33%
78
26
0.13%
$6,303
RIO GRANDE
1,861
59.40%
59%
141
83
0.41%
$20,418
3,359
21.60%
22%
219
48
0.24%
$11,906
ROUTT
SAGUACHE
916
89.90%
90%
65
59
0.29%
$14,472
SAN JUAN
62
60.30%
65%
2
1
0.01%
$2,000
SAN MIGUEL
1,121
28.50%
27%
89
24
0.12%
$5,960
SEDGWICK
611
56.40%
54%
58
31
0.15%
$7,711
SUMMIT
3,444
32.40%
32%
210
67
0.33%
$16,554
TELLER
2,725
36.00%
35%
179
62
0.31%
$15,393
WASHINGTON
885
49.20%
55%
61
34
0.17%
$8,351
WELD
42,815
50.50%
49%
2,276
1,120
5.53%
$276,714
YUMA
1,701
58.30%
59%
86
51
0.25%
$12,602
Total
FRL
Student
Count
20,234
Total
Allocation
$5,000,000.00
Colorado Opportunity Scholarship Initiative I Matching Student Scholarship Grant Allocations FY 2018-2019 I Published July 2018
In
COLORADO
Colorado Opportunity
Scholarship Initiative
FY 2018-2019 Matching Scholarship Grant Allocations by Institutions of Higher Education
Based on 250% Pell Eligible Population`'
Institution Name
Institution
Type
Number
students,
250% of
of
Pell
(%)
Population
of 250% Pell
Eligibility
to
Proposed
IHE
2018-2019
Allocation
($1,500,000)
FY
Adams State University
Public 4 -Year
1148
1.17%
$17,589
Aims Community College
Local District
2844
2.90%
$43
574
Arapahoe Community College
Community College
3106
3.17%
$47.588
Colorado Mesa University
Public 4 -Year
4795
4.90%
$73.466
Colorado Mountain College
Public 4
-Year
1299
1.33%
$19.903
Colorado
Northwestern
Community College
Community College
368
0.38%
$5,E
38
Colorado School of Mines
Public 4 -Year
917
0.94%
$14
050
Colorado State University
CSU System
7416
7.57%
$113,624
Colorado State University - Pueblo
CSU System
2370
2.42%
$36
312
Community College of Aurora
Community College
3891
3.97%
$59
616
Community College of Denver
Community College
5140
5.25%
$78
752
Emily Griffith Technical College
Vocational
589
0.60%
$9,(24
Fort Lewis College
Public 4
-Year
807
0.82%
$12
364
Front Range Community College
Community College
8604
8.79%
$131,826
Lamar Community College
Community College
358
0.37%
$5,-85
Metropolitan State University of Denver
Public 4
-Year
12680
12.95%
$194,276
Morgan Community College
Community College
524
0.54%
$8,028
Northeastern Junior College
Community College
667
0.68%
$10
219
Otero Junior College
Community College
785
0.80%
$12
027
Pickens Technical Center - Voc Tech
Vocational
361
0.37%
$5,531
Pikes Peak Community College
Community College
8655
8.84%
$132,607
Pueblo
Community College
Community College
3786
3.87%
$58 007
Red Rocks Community College
Community College
3465
3.54%
$53 089
Technical College of the
Rockies
Vocational
120
0.12%
$1,839
Trinidad State Junior College
Community College
737
0.75%
$11 292
University of Colorado Boulder
CU System
5710
5.83%
$87 485
University of Colorado Colorado Springs
CU System
5288
5.40%
$81 020
University of Colorado Denver
CU System
6474
6.61%
$99 191
University of Northern Colorado
Public 4 -Year
4268
4.36%
$65 392
Western State Colorado University
Public 4 -Year
730
0.75%
$11 185
Total
97,902
100.00%
$1,500,000
2 An institution of higher education's (IHE) percentage of 250% Pell eligible population is based on the total 250%
Pell eligible population at Colorado public institutions of higher education, according to SURDS, and is used to
determine estimated share of allocated funds. This number represents 2017 undergraduates residents enrolled full-
time who submitted FAFSA.
Colorado Opportunity Scholarship Initiative
Matching Student Scholarship Grant Allocations FY 2018-2019
Published July 2018
Step H: Proposal Introduction
Complete the cover page, and assurances.
Cover Page
Include these as the first two pages of your application.
Fiscal Agent:
Greeley -Weld Urban Enterprise Zone Fund
On behalf of:
List County, Institution of Higher
Education, or Workforce Development
Program
Nam e: Weld County Bright Futures Program
X Coanty El Institution of Higher Education ❑ Workforce Development
Authorized Representative:
Richard Werner, President and CEO Greeley -Weld Urban Enterprise
Zone Fund
Mailing Address: 822 7th Street, Suite 550, Greeley, CO 80631
Telephone: 970-356-4565
Email: rwerner@upstatecolorado.org
Signature:
Application Contact
(if different than above): Renee Fielder
Mailing Address: Weld County Treasurers Office, PO Box 458, Greeley, CO 80632-0458
Telephone: 970-400-3257
Email: rfielder@weldgov.com
County -based grants and institutional grants:
X Support or authorization has been given to the fiscal organization to apply for funding on behalf of the
applicant. Support should be from the Board of County Commissioners or institutional board.
Board of County
Commissioners Contact
Steve Moreno, Chair
Mailing Address: PO Box 758, Greeley, CO 80631
Telephone: 970-400-4207
Email: smoreno@weldgov.com
Amount Requested:
Indicate the total amount of funding you are requesting for FY 19-20.
Amount requested shall not be greater than publish annual allocation,
but may be less based on fundraising capacity.
Does this amount include administrative fee equal to 2.5% of the total available
amount? (available for county and workforce only) El Yes X No $212, 000
Weld County will work with Greeley- Weld Urban Enterprise Zone Fund to administer funds
using the Weld County Bright Futures program. Scholarships of up to $2,000 per student per
academic year would allow the project to fund approximately 212 annual scholarships to
Proposal Summary eligible Weld County students. Many of the students will participate in Weld School District
Use the suggested format to ' Dream Team and Counselor Corp programs for student support.
describe proposal overview. -'
No administrative funds are being applied for in this program. Weld County will pay all
administrative costs.
Matching Funds
Overview
Use the suggested format to
describe fundraising
overview.
Weld County has committed $15 million to serve as matching funds for donors that
donate to the Bright Futures Program. The donors under SB15-82 receive a 50%
property tax credit back for the amount donated to Bright Futures. In 2016 and 2017
nearly one -million dollars were raised each year as matching funds for Bright Futures.
The county has engaged Mantooth Marketing Company and recently hired a full-time
marketing and fundraising staff person to develop a more comprehensive marketing plan
and fundraising effort for the Bright Futures program for 2019. In addition, the county
has recently added $3.0 million more to the scholarship fund in 2018 and is budgeting
$3.0 million in the 2019 county budget for Bright Futures.
TA LE OF CONTENTS
I Cover Page
II Application Narrative
1 Fiscal or Administrative Partner
2 Overview
3 Details of Program
4 Collaboration
5 Project Planning and Sustamabihty
III Invoice Schedule Worksheet
IV Assurances
V Weld County Commissioners Letter of Support
Completing Application - Step III: Narrative (Not to exceed five (5) pages.)
Narrative
Describe your scholarship project using the following questions. Narrative should not exceed five
(5) pages.
1. Fiscal or Administrative Partner
• Identify one nonprofit organization to serve as the fiscal and administrative
partner, and describe how this foundation will represent the community.
The Greeley -Weld Urban Enterprise Zone Fund will serve as the fiscal and administrative
partner for the second year for this COSI grant. Greeley -Weld Urban Enterprise Zane Fund will
partner with the Weld County Bright Futures program to raise funds and operate a scholarship
program for all program eligible Weld County high school graduates, honorably discharged
veteran, and GED recipients. Weld County is paying all the administrative costs associated with
the program annually, which amount to approximately $181,179 annually.
2. Overview
• State three program objectives in regards to:
i. Number served, over what period of time, and any applicable eligibility.
Award 212Weld County Bright Futures grants, of approximately $2,000 per year far academic
year 2019-2020, contingent on student's academic performance, completion of college credits,
and other evidence that the student is making academic progress towards an accredited training
program or degree.
Note: Although the Weld County Bright Futures program provides funding to all eligible Weld
County high school graduates, GED, and veterans as outlined on the program's website at
http://wvvw.brightfuturesco.com/ the program will be able to identify those students whose
income is determined to be between 0% and 250% of the maximum permissible income for the
purpose of determining eligibility for Pell grants through our software used to administer the
program, eScholarship. Of the over 2,000 estimated Bright Futures recipients it is anticipated
that many more than the 212 plus that would be getting matching funds through Weld County
Bright Futures and COSI would meet the criteria. A separate accounting will be dcne for all
students receiving matching COSI funds to provide the necessary information to audit the funds
to insure COSI program compliance.
ii. Corresponding student support program
Of the 212 students granted awards identify at least 45 Hispanic students to remove the financial
barrier of getting an associate degree or completing a certified training program at a minimum to
reduce the "attainment gap" of these students in Weld County, so they can become trained,
skilled, and productive members of the Weld County workforce. Many of the students will
participate in Weld School District Dream Team and Counselor Corp programs for student
support.
in. Fundraising plans
One of the goals of this program is to allow Weld County to use property tax incentive payments
or credits to encourage matching private contributions to help fund the Brighter Weld County
Scholarship Program By allowing the use of a 50% county property tax incentive payments or
credits to taxpayers contributing to a county workforce development fund (Weld County Bright
Futures Scholarship Trust Fund) for the purpose of providing financial assistance to high school
graduates, GED recipients, and veterans in Weld County who pursue post high school education
or training from an accredited higher education institution or certified training program
Incentives are often necessary in order to attract contributed private resources for workforce
development By providing such incentives they stimulate economic development in the county
and results in the creation and maintenance of new jobs The 2019 goal is to generate over $1
million in donations
® Provide an implementation timeline as to when scholarships will be distributed
to students over what academic period of time.
This is the fourth year of the Bright Futures program The funds from the Fourth Round of COSI
grant will be distributed in the academic year of 2018-2019 Half of the funds would be
distributed in August 2019, and the other half in January, 2020
3. In further detail, provide program or project request (approximately two -three (2-3)
pages)
e Provide a detailed narrative of the plan for scholarship program or project request.
Include the issue and/or opportunity addressed in the community or institution.
i. Describe how many students will be served, average award amount and
the expected longevity of funds.
The program is anticipating over 2,000 students the fourth year with each receiving a maximum
of up to $2,000 per year for a total of $4 5 million Based upon student trends beyond the first
year the estimated students for years 2-4 will average 1,000 students The required funding will
ramp up from $3 million per year the first year to approximately $4 5 million a year after the
second years This would mean a commitment of approximately $3 million per year long term,
plus fund raising efforts of $1 million to 1 5 million per year In addition, the county is annually
funding separately $181,179 for administration and promotion of the program The goal is to
fund this program in perpetuity
The Bright Futures program is a workforce development program Weld County believes the
Bright Futures program is totally consistent and supportive of the Colorado Commission of
Higher Education's master plan goal to increase the number of Coloradoans who hold
postsecondary credential to 66 percent by 2025 The program funds $2,000 per academic year
and encourages all Weld County high school graduates to pursue post high school education or
training from an accredited higher education institution or certified training program
ii. Describe the partnering student support program that emphasizes
student commitment to academic achievement and successful placement
in the workforce.
The program is reaching out to the institutions where the Weld County Bright Futures students
will be attending to identify student mentonng and support programs Once the Weld County
Bright Futures program gets more experience it is hoped that the program will develop its own
mentormg program made up of Weld County Bright Futures graduates and upper-class students
Since the Weld County Bright Futures is still fairly new the student support program will be an
evolving component of the Weld County Bright Futures the next few years
Many of the students that will be funded with COSI and COSI matching funds in Bright Futures
are from low-income backgrounds and are also students that will be the first in their family to
attend a post -secondary institution Several of these students have and will participate in the
Weld School District 6 Dream Team and Counselor Corp programs Over the years the two
programs have made tremendous strides in assisting students receiving their high school diploma
and a post -secondary education
iii. Identify fundraising plans and timeline of incoming funds
To enhance the contributions to the Weld County Bright Futures Program the county along with
other interested parties pursued a legislative change in the 2015 legislative session The
legislative change in SB 15-82 put in place the necessary legislative authority to allow the use of
a 50% county property tax incentive payments or credits to taxpayers contributing to a county
workforce development fund (Weld County Bright Futures Scholarship Trust Fund) for the
purpose of providing financial assistance to high school graduates, GED recipients, and veterans
in Weld County who pursue post high school education or training from an accredited higher
education institution or certified training program
Incentives are often necessary to attract contributed private resources for workforce
development By providing such incentives they stimulate economic development in the county
and results in the creation and maintenance of new jobs The purpose of this program is to allow
Weld County to use property tax incentive payments or credits to encourage matching private
contributions to help fund the Brighter Weld County Scholarship Program
To start the funding of the program in the 2016 Weld County budget there is $15 million to be
transferred to the Weld County Bright Futures Tax Incentive Trust Fund to leverage $30 million
in contributions to the Weld County Bright Futures County Scholarship Trust Fund In
September, 2016, the County Commissioners contributed another $1 63 million to the Bright
Futures Program In addition, the county has recently added $3 0 million more to the scholarship
fund in 2017, and is budgeting $ 3 0 million in the 2018 county budget for Bright Futures
Timelines for funds In 2017 and 2018 nearly $1 million dollars have been contributed each year
by private donors through the SB 15-82 tax incentive process In 2019 the program has a goal of
raising over $1 5 million by June, 2019, when the last property tax payments are paid and the
incentives taken by donors
Recently Weld County through the Greeley -Weld Urban Enterprise Zone Fund has engaged the
firm on Mantooth Marketing Company hired a full-time marketing and fundraising staff person
to develop a more comprehensive marketing plan and fundraising effort for the program to
attract more donors and make the citizens of Weld County more aware of the good things the
Bright Futures program is doing for Weld County students and businesses In addition, the
county has recently added $3 0 million more to the scholarship fund in 2018, and is budgeting
$3 0 million in the 2019 county budget for Bright Futures
4. Collaboration
Describe the organization's most significant interactions with other organizations.
Address this question with respect to the scholarship program only.
Working in partnership with the private sector, Weld County is investing in the
development of the Weld labor force through the Weld County Bright Futures program
The Weld County Bright Futures program is a collaborative effort with the county, Aims
Community College, all Weld County School Districts, municipalities, private sector, and
veterans' organizations
The Weld County Bright Futures Board includes Weld County residents who are excited
to see this opportunity exist in our county and who are dedicated to making sure the
program is a success The Board is comprised of seven members The Weld County
Bright Futures Board works with representatives from Upstate Colorado Economic
Development, Weld County Workforce Development Board, K-12 Weld County
Superintendent of Schools, Aims Community College financial aid professional, a tax
attorney or CPA, higher education, schools district superintendents, school counselors,
veterans groups, business people, energy industry, and agriculture industry
5. Project Planning and Sustainabilrty
® Describe the challenges and opportunities facing the scholarship project in the next
three to five years.
When you think of the greatest resources found in Weld County, you might think of agriculture
or energy production While we value those resources immensely, we know the greatest
resources we have are the people who call Weld County home
So, when the County Commissioners saw an opportunity to support both residents and
businesses through the Weld County Bright Futures Grant Program, they knew it was the right
thing to do In fact, they feel so strongly about this program they approved the dedication of $15
million to the fund in 2016
Through this program, students will fiirther their education, businesses and residents will receive
a property tax credit toward their taxes, and our overall county workforce will be better trained
and skilled
The program is simple Set up as a workforce development fund, the Weld County Bright Future
Grant Program is a tuition assistance program for Weld County high school graduates, GED
recipients and Honorably Discharged U S Veterans and is funded by donations from taxpayers
who receive tax incentive payments or credits for their contribution
When taxpayers give to the Weld County Bright Futures Grant Program, they are not only taking
advantage of the Weld County property tax credit program, but also helping a high school
graduate or one of our veterans achieve their educational goal
The program is selling itself with many citizens, taxpayers, business, and students The main
challenge is make more and more potential donors aware of the program and its benefits to
themselves, students, businesses, and Weld County's future
® Identify plan for sustainability of scholarship funds.
Members of the Board of Weld County Commissioners feel so strongly about this program that
they have included $15 million in the 2016 Weld County budget for property tax credits to
leverage $30 million in donations to this program It is the intent of the Weld County
Commissioners to continue to fund this program long term If the program is used as anticipated
by over half of the graduation high school population at a funding level of $2,000 per year per
student the funding will ramp up from $3 million per year the first year to approximately $4 5
million a year after two years This would mean a county funding commitment of approximately
$3 million per year long term, and a fundraising effort of $1 5 million each year In September,
2016, the County Commissioners contributed $1 63 million to the Bright Futures Program In
addition, the county has recently added $3 0 million more to the scholarship fund in 2018, and is
budgeting $ 3 0 million in the 2019 county budget for Bright Futures
Step II: Attachments
Invoice Schedule Worksheet
Complete the assurances and proposed invoice schedule. Include as the last two pages of your application.
• Using the dropdowns, indicate the month and year for each drawdown period.
• Fill in the dollars requested during the designated period in the "CDHE amount ".
• Fill in the raised dollars during the designated period in the "Match amount ".
• You may delete or add rows as necessary.
Proposed Invoice Schedule
Month
Year
CDHE Amount
Match
Amount
Source
JUL
2018
$0
$106,000
Grantee Match
JUL
2018
$106,000
$0
Colorado Department of Higher
Education
NOV
2018
$0
$106,000
Grantee Match
NOV
2018
$106,000
$0
Colorado Depaittiient of Higher
Education
Total
$212,000
$212,000
Total Award Amount including
Grantee Match
Step II: Attachments
Assurances
Complete the assurances and proposed invoice schedule. Iiichule UIS the last two sages o 'our l I siltation.
On September 27 , 2018, the appointed representative of
hereby agrees to the following assurances:
Grantee agrees to the following Assurances:
1. Grantee will annually provide DHE with evaluation information required by Exhibit C.
2. Grantee will work with and provide requested data to DHE for the Colorado Opportunity
Scholarship Initiative Matching Student Scholarship Grant within the time names
specified in the Data Use Agreement between Grantee and State, to be executed
simultaneously with this Grant.
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 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 f` scal audits of
this program will be conducted by the Grantee as a part of its regular audits.
8. If any findings of misuse of these Grant Funds are discovered, Grant Funds will be
returned to CDHE.
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 budgetBanker
(shelley.banker@dhe.state.co.us, 303-974-2673) prior to making any modifications to the approved budget
Richard Werner
Greeley -Weld Urban Enterprise Zone Fund
Name of Appointed Authorized Representative Signature of Appointed Authorized Representative
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