HomeMy WebLinkAbout20163535.tiffRESOLUTION
RE: APPROVE GRANT AGREEMENT FOR GREELEY-WELD URBAN ENTERPRISE ZONE
FUND 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 a Grant Agreement for the Greeley -Weld
Urban Enterprise Zone Fund between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and the Colorado Department of Higher
Education, commencing upon full execution, and ending June 30, 2018, 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 Grant Agreement for the Greeley -Weld Urban Enterprise Zone Fund
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, 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 16th day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to the Board
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eputy Clerk to the Board
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Date of signature: I D((''1 / ( fo
Mike Freeman, Chair
Sean P. Conway, Pro-Te
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2016-3535
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Esther Gesick
From: Don Warden
Sent: Thursday, November 10, 2016 11:44 AM
To: Esther Gesick
Subject: FW: Agreement for Signature
Attachments: Greeley -Weld Urban Enterprise Zone Fund on behalf of Weld County Grant Agreement -
Matching Scholarship Funds.pdf
Esther,
Can you put this on the agenda for next Wednesday. List as "Consider Approval of Colorado Opportunity Scholarship
Initiative Grant". I will send you page 17 already signed by Rich Werner at Upstate in a second email. The state only
needs page 17 returned to them signed as a pdf. I will send the page 17 in a separate email , as well as, the agreement
that goes with the this grant from Upstate. The Upstate agreement should go on the same agendas, "Consider Upstate
MOU for Pass Through Colorado Opportunity Scholarship Initiative Grant Funds".
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
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Banker, Shelley [mailto:Shelley.Banker@dhe.state.co.us]
Sent: Monday, November 07, 2016 4:39 PM
To: Don Warden <dwarden@co.weld.co.us>
Cc: Berg, Kate <Kate.Berg@dhe.state.co.us>
Subject: Agreement for Signature
Don,
Attached please find the Weld County agreement for processing. Please let me know if you require a" .,F+onnoc
not, please forward to the county commissioners for signature.
and if
2016-3535
I made some edits to the objectives that I want to make sure you are okay with, specifically one around the student
supports. Our agreement with grantees should include something more robust about the student supports because it is
part of our program rules and law. I am confident that by the time you start to work on this agreement, we will have the
1
necessary tools in place in order to help with this. We are working with Denver Scholarship Foundation so COSI can
establish MOUs with public institutions in Colorado on behalf of any COSI recipients. We hope this will help grantees like
you more easily fulfill our "rigor -based" requirement, and perhaps this will help you in the process as you establish
relationships with the institutions on behalf of all Bright Future students, too.
We also plan to have a document called a "Student Success Requirement" sheet for each institution so you could direct
the scholar to certain tasks to complete. This is an example below, but it's not for public distribution yet.
Colorado State
University New DSF Scholars must:
• Complete a check -in meeting with the DSF Campus Contact within the first 30 days of each semester
• Attend the Community for Excellence Fall (C4E) Academic Summit.
• Attend at least 2 college success related workshops within the first 10 weeks of each semester.
• Within the first 10 weeks of each semester, DSF Scholars must demonstrate engagement in at least one campus or
community activity.
• Attend the mid -Semester DSF Scholars Meeting each semester.
Fall 2016
30 -Day Check -In Deadline: September 23, 2016
60 -Day Check -In Deadline: October 23, 2016
Spring 2017
30 -Day Check -In Deadline: February 18, 2017
60 -Day Check -In Deadline: March 19, 2017
Renewal DSF Scholars must:
• Complete a check -in meeting with the DSF Campus Contact within the first 60 days of each semester
• Within the first 10 weeks of each semester, DSF Scholars must demonstrate engagement in at least one campus or
community activity.
All DSF Scholars who are on academic probation must:
Participate in an academic recovery program within the first 30 days of each semester they are on probation. Academic
recovery programs include: participation in Project Success or similar programs, meeting with academic support staff
through CASA or academic departments as approved by the DSF campus contact, participation in Academic
Advancement Center, meeting with the DSF Campus Contact.
Fall 2016
30 -Day Check -In Deadline: September 23, 2016
60 -Day Check -In Deadline: October 23, 2016
Spring 2017
30 -Day Check -In Deadline: February 18, 2017
60 -Day Check -In Deadline: March 19, 2017
One resources we have available immediately that might be helpful are our enrollment guides, available here:
https://d rive.google.com/drive/u/0/folders/0B4KJgVt2MXKAeHN BZ0J4MzIGWVU
I would be happy to schedule a call to discuss further.
Thank you,
Shelley
2
Shelley Banker, MSW
Deputy Director
Colorado Opportunity Scholarship Initiative
COLORADO
Department of
Higher Education
P 303.974.2673 I C 303.249.9112
1560 Broadway, Suite 1600, Denver, CO 80202
shelley.banker@dhe.state.co.us I www.coloradoscholarshipinitiative.org
'ID
Routing # CMS #
STATE OF COLORADO
Colorado Department of Higher Education
Grant Agreement
with
Greeley -Weld Urban Enterprise Zone Fund and Weld County
TABLE OF CONTENTS
1. PARTIES 1
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. I
3. RECITALS 1
4. DEFINITIONS 2
5. TERM and EARLY TERMINATION3
6. STATEMENT OF WORK 4
7. PAYMENTS TO GRANTEE 4
8. REPORTING - NOTIFICATION 5
9. GRANTEE RECORDS 6
10. CONFIDENTIAL INFORMATION -STATE RECORDS 6
11. CONFLICTS OF INTEREST 7
12. REPRESENTATIONS AND WARRANTIES 7
13. INSURANCE 8
14. BREACH 9
15. REMEDIES 9
16. NOTICES and REPRESENTATIVES 11
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE 12
18. GOVERNMENTAL IMMUNITY 12
19. STATEWIDE GRANT MANAGEMENT SYSTEM 12
20. GENERAL PROVISIONS 12
21. COLORADO SPECIAL PROVISIONS 14
22. SIGNATURE PAGE 17
EXHIBIT A - STATEMENT OF WORK A-1
EXHIBIT B - ANNUAL BUDGET B-1
EXHIBIT C - GRANTEE REPORT C-1
EXHIBIT D - COMMITMENT LETTER D -I
1. PARTIES
This Grant Agreement (hereinafter called "Grant") is entered into by and among Greeley -Weld Urban Enterprise
Zone Fund (hereinafter called "Grantee"), Weld County (hereinafter called "County"), and the STATE OF
COLORADO, acting by and through the Colorado Department of Higher Education on behalf of the Colorado
Opportunity Scholarship Initiative (hereinafter called the "State" or "CDHE").
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY.
This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller
or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Grantee
for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any
provision hereof prior to the Effective Date.
3. RECITALS
A. Authority, Appropriation, and Approval
Authority to enter into this Grant exists in C.R.S. § 23-3.3-1001, et seq., and funds have been budgeted,
appropriated and otherwise made available pursuant to C.R.S. § 23-3.3-1005 and a sufficient
unencumbered balance thereof remains available for payment. Required approvals, clearance and
coordination have been accomplished from and with appropriate agencies.
Rev 6/1/2016
02,040, th
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Grant.
C. Purpose
This Grant Agreement addresses the second phase of the Scholarship Initiative, which is to build a
scholarship fund leveraged by matching funds from nonprofit and private donors designed to incentivize
increased scholarship giving in the State of Colorado. These dollars are intended to complement the
services offered by student support programs that received funding during the first phase of the Scholarship
Initiative, and to expand upon other student support services in the state.
Grant awards for matching student scholarships are intended to generate greater availability of scholarship
dollars for Colorado students demonstrating need, promote scholarship programs that include student
support services, encourage communities to create or leverage foundations that assist students with the
costs of higher education and encourage pursuit of a degree or credential, and to align tuition assistance
programs with workforce development programs.
The Scholarship Initiative shall distribute grants for matching student scholarships to entities committed
and able to provide matching funds, and not directly to students. Grants will be awarded in three specific
categories: County -based grants, Institution of Higher Education Grants, and Workforce Development
grants. Criteria for matching student scholarships in each of the three categories will be determined and
published annually in the initiative's request for proposal for matching student scholarship grants.
Weld 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 designated Grant Funds.. Grantee
will administer funds to the County. The County, through the Bright Futures Fund, will provide student
tuition assistance in the Weld County areas. CDHE, the County, and Grantee agree that (i) Grantee and
County will receive and administer such Grant Funds in accordance with all requirements of 8 CCR 1504-
9, (ii) Grantee and County will provide those Services described in Exhibit A, the Statement of Work, (iii)
County will contribute matching funds in an amount equivalent to the amount provided by the State, up to
the maximum amount set forth in §7.A, and (iv) County will timely provide proof of matching funds prior
to disbursement of funds by the State using the commitment letter, attached as Exhibit D.
D. References
All references in this Grant to sections (whether spelled out or 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.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Budget
"Budget" means the budget for the Work described in Exhibit A.
B. Evaluation
"Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in
§6 and Exhibit A.
C. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein: Exhibit A (Statement of Work),
Exhibit B (Annual Budget), Exhibit C (Grantee Report), and Exhibit D (Commitment Letter).
D. Fiscal Year or FY
"Fiscal Year" or "FY" means the State's fiscal year, which begins on July 1 of each calendar year and ends
on June 30 of the following calendar year.
E. Goods
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"Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
F. Grant
"Grant" means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference
under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references
incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies.
G. Grant Funds
"Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant.
H. Matching Funds
"Matching Funds" means scholarship funds raised by Grantee to satisfy the 1:1 funding match required by
8 CCR 1504-9 §2.04. Qualifying funds shall be funds that are raised or designated by Grantee specifically
to satisfy the 1:1 contribution requirement for the purposes of this Grant and funds that were not previously
directly or indirectly used to support existing scholarships.
I. Party or Parties
"Party" means the State or Grantee and "Parties" means both the State and Grantee.
J. Program
"Program" means the Colorado Opportunity Scholarship Initiative grant program that provides the funding
for this Grant.
K. Review
"Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in
accordance with the criteria established in §6 and Exhibit A.
L. Services
"Services" means the required services to be performed by Grantee pursuant to this Grant.
M. Subgrantee
"Subgrantee" means third -parties, if any, engaged by Grantee to aid in performance of its obligations.
N. Tuition Assistance
"Tuition Assistance" means financial assistance to an eligible student of an eligible institution, including
such financial assistnace as is necessary to pay the costs of tuition, fees, books, housing, food, and
transportation.
0. Work
"Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhibit A, including the performance of the Services and delivery of the Goods.
P. Work Product
"Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to,
software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents,
drawings, models, surveys, maps, materials, or work product of any type, including drafts.
5. TERM
A. Initial Term -Work Commencement
The Parties respective performances under this Grant shall commence on the Effective Date. This Grant
shall terminate June 30, 2018 unless sooner terminated or further extended as specified elsewhere herein.
B. Two Month Extension
The State, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend
the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement
Grant (and not merely seeking a term extension) at or near the end of any initial term or any extension
thereof. The provisions of this Grant in effect when such notice is given, including, but not limited to
prices, rates, and delivery requirements, shall remain in effect during the two month extension. The two -
month extension shall immediately terminate when and if a replacement Grant is approved and signed by
the Colorado State Controller.
Page 3
6. STATEMENT OF WORK
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibit A on or
before June 30, 2018. The State shall not be liable to compensate Grantee for any Work performed prior to
the Effective Date or after the termination of this Grant.
B. Goods and Services
Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the
State.
C. Employees
All persons employed by Grantee or Subgrantees shall be considered Grantee's or Subgrantees'
employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result
of this Grant.
7. PAYMENTS TO GRANTEE
The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the
methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is $303,076.00, as determined by
the State from available funds. Grantee agrees to provide any additional funds required for the successful
completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as
set forth in Exhibit A. The maximum amount payable by the State to Grantee during each State fiscal year
of this Grant shall be:
$303,076.00 in FY 2017/2018
B. Payment
i. Advance, Interim and Final Payments
Any advance payment allowed under this Grant or in Exhibit A shall comply with State Fiscal Rules
and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any
payment requests by submitting invoices to the State in the form and manner set forth and approved by
the State.
ii. Interest
The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced
represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by
the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance beginning on
the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that
interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall
invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the
delinquent payment, the number of day's interest to be paid and the interest rate.
iii. Available Funds -Contingency -Termination
The State is prohibited by law from making fiscal commitments beyond the term of the State's current
fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State
appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are
used with this Grant in whole or in part, the State's performance hereunder is contingent upon the
continuing availability of such funds. Payments pursuant to this Grant shall be made only from
available funds encumbered for this Grant and the State's liability for such payments shall be limited
to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or
otherwise become unavailable to fund this Grant, the State may immediately terminate this Grant in
whole or in part without further liability in accordance with the provisions herein.
iv. Erroneous Payments
At the State's sole 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,
Page 4
may be recovered from Grantee by deduction from subsequent payments under this Grant or other
Grants, grants or agreements between the State and Grantee or by other appropriate methods and
collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the
State.
v. Invoice Schedule
The State will disburse Grant Funds to Grantee according to the invoice schedule, attached as Exhibit
B. Disbursements according to the invoice schedule are contingent on the Grantee's ability to raise
matching funds for the purpose of this Grant. Payments of Grant Funds per the invoice schedule will
not be administered until proof of funds (Exhibit D) has been received to the satisfaction of CDHE.
The invoice schedule will reflect that matching funds provided by Grantee shall be used prior to the
distribution of Grant Funds for the benefit of individual students receiving scholarships.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit B, the Budget. Grantee
may adjust budgeted expenditure amounts up to 10% within each line item of the Budget without approval
of the State, so long as the Grantee provides CDHE with advance notice of adjustments to the Budget in
writing. Adjustments in excess of 10% shall be authorized by the State in an amendment to this Grant. The
State's total consideration shall not exceed the maximum amount shown herein.
D. Matching Funds
Grantee shall provide matching funds on a 1:1 basis as stated in Exhibit B and 8 CCR 1504-9 §2.04.1.1, up
to the maximum amount set forth in §7.A. Grantee shall report to the State regarding the fundraising status
of such funds using the commitment letter, attached as Exhibit D.
8. REPORTING - NOTIFICATION
Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in
such form as prescribed by the State and in accordance with §19, if applicable.
A. Performance, Progress, Personnel, and Funds
Grantee shall submit a report to the State upon expiration or before termination of this Grant, containing an
Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In
addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit A.
B. Litigation Reporting
Within 10 days after being served with any pleading in a legal action filed with a court or administrative
agency, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder,
Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal
representative as identified herein. If the State's principal representative is not then serving, such notice and
copies shall be delivered to the Executive Director of CDHE.
C. Performance Outside the State of Colorado and/or the United States
[Not applicable if Grant Funds include any federal funds] Following the Effective Date, Grantee shall
provide written notice to the State, in accordance with §16 (Notices and Representatives), within 20 days
of the earlier to occur of Grantee's decision to perform, or its execution of an agreement with a Subgrantee
to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the
type of Services to be performed outside the State of Colorado and/or the United States and the reason why
it is necessary or advantageous to perform such Services at such location or locations. All notices received
by the State pursuant to this §8.C shall be posted on the Colorado Department of Personnel &
Administration's website. Knowing failure by Grantee to provide notice to the State under this §8.C shall
constitute a material breach of this Grant.
D. Noncompliance
Grantee's failure to provide reports and notify the State in a timely manner in accordance with this §8 may
result in the delay of payment of funds and/or termination as provided under this Grant.
E. Subgrants
Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be
submitted to the State or its principal representative upon request by the State. Any and all subgrants
Page 5
entered into by Grantee related to its performance hereunder shall comply with all applicable federal and
state laws and shall provide that such subgrants be governed by the laws of the State of Colorado.
9. GRANTEE RECORDS
Grantee shall make, keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not
limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record
Retention Period) until the last to occur of the following: (i) a period of three years after the date this Grant
is completed or terminated, or (ii) final payment is made hereunder, whichever is later, or (iii) for such
further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or
Grantee has received notice that an audit is pending, then until such audit has been completed and its
findings have been resolved (the "Record Retention Period").
B. Inspection
Grantee shall permit the State, the federal government and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to
this Grant during the Record Retention Period for a period of three years following termination of this
Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to
evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable
times and places during the term of this Grant, including any extension. If the Work fails to conform to the
requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with
Grant requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re -
performance or other corrective measures, the State may require Grantee to take necessary action to ensure
that future performance conforms to Grant requirements and exercise the remedies available under this
Grant, at law or inequity in lieu of or in conjunction with such corrective measures.
C. Monitoring
Grantee shall permit the State, the federal government, and other governmental agencies having
jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of
this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures,
examination of program data, special analyses, on -site checking, formal audit examinations, or any other
procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly
interfere with Grantee's performance hereunder.
D. Final Audit Report
If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this
Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the
address specified herein.
10. CONFIDENTIAL INFORMATION -STATE RECORDS
Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to,
state records, personnel records, and information concerning individuals.
A. Confidentiality
Grantee shall keep all State records and information confidential at all times and to comply with all laws
and regulations concerning confidentiality of information. Any request or demand by a third party for State
records and information in the possession of Grantee shall be immediately forwarded to the State's
principal representative.
B. Notification
Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State
records and confidential information that each is subject to the confidentiality requirements set forth herein,
and shall provide each with a written explanation of such requirements before they are permitted to access
such records and information.
Page 6
C. Use, Security, and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee
or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee
shall provide and maintain a secure environment that ensures confidentiality of all State records and other
confidential information wherever located. Confidential information shall not be retained in any files or
otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State.
D. Disclosure -Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause for
legal action by third parties against Grantee, the State or their respective agents. Grantee shall indemnify,
save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability
and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any
act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to this §10.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or personal activities or practices or maintain any relationships which
conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that
with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. Absent
the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that
reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a
conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of
interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in
regard to the apparent conflict constitutes a breach of this Grant.
12. REPRESENTATIONS AND WARRANTIES
Grantee makes the following specific representations and warranties, each of which was relied on by the State in
entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and
diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant.
B. Legal Authority — Grantee and Grantee's Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions
required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully
authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its
terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter
into this Grant within 15 days of receiving such request.
C. Licenses, Permits, Etc.
Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term
hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other
authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain
all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to
properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds.
Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all
required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation
or other foreign entity transacting business in the State of Colorado, further warrants that it currently has
obtained and shall maintain any applicable certificate of authority to transact business in the State of
Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation,
withdrawal or non -renewal of licenses, certifications, approvals, insurance, permits or any such similar
requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a
material breach by Grantee and constitute grounds for termination of this Grant.
D. Signatures/E-delivery
Electronic and scanned signatures shall have the same legal effect and can be enforced in the same way as
a written signature shall constitute effective execution and delivery of this Agreement as to the Parties and
Page 7
may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by
facsimile shall be deemed to be their original signatures for all purposes.
13. INSURANCE
Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during
the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS
§24-10-101, et seq., as amended (the "GIA"), then Grantee shall maintain at all times during the term
of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet
its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if
requested by the State. Grantee shall require each Grant with Subgrantees that are public entities,
providing Goods or Services hereunder, to include the insurance requirements necessary to meet
Subgrantee's liabilities under the GIA.
ii. Non -Public Entities
If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain
during the term of this Grant insurance coverage and policies meeting the same requirements set forth
in §13(B) with respect to Subgrantees that are not "public entities".
B. Grantee and Subgrantees
Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing
Goods or Services in connection with this Grant, to include insurance requirements substantially similar to
the following:
iii. Worker's Compensation
Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance
covering all of Grantee and Subgrantee employees acting within the course and scope of their
employment.
iv. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, fire damage, independent contractors, products and
completed operations, blanket contractual liability, personal injury, and advertising liability with
minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c)
$1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any
aggregate limit is reduced below $1,000,000 because of claims made or paid, Subgrantee shall
immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a
certificate or other document satisfactory to Grantee showing compliance with this provision.
v. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with
a minimum limit of $1,000,000 each accident combined single limit.
vi. Additional Insured
Grantee and the State shall be named as additional insured on the Commercial General Liability and
Automobile Liability Insurance policies (leases and construction Grants require additional insured
coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent).
vii. Primacy of Coverage
Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance
program carried by Grantee or the State.
viii. Cancellation
The above insurance policies shall include provisions preventing cancellation or non -renewal without
at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in
accordance with §16 (Notices and Representatives) within seven days of Grantee's receipt of such
notice.
ix. Subrogation Waiver
Page 8
All insurance policies in any way related to this Grant and secured and maintained by Grantee or its
Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of
recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
C. Certificates
Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to
the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the
expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee
certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other
time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of
such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this
§13.
14. BREACH
A. Defined
In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform
any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner,
constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or
similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of
its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof,
shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in
the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a
cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued
with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything
to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and
may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety
or to prevent immediate public crisis.
15. REMEDIES
If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this
§15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period
set forth in §14(B). The State may exercise any or all of the remedies available to it, in its sole discretion,
concurrently or consecutively.
A. Termination for Cause and/or Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its
completion in accordance with the provisions of this Grant and in a timely manner, the State may notify
Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to
promptly cure such non-performance within the cure period, the State, at its option, may terminate this
entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform.
Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall
continue performance of this Grant to the extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or render
further performance hereunder past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all
Work, Services and Goods not cancelled by the termination notice and may incur obligations as are
necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to
the State all of Grantee's right, title, and interest under such terminated orders or subcontracts. Upon
termination, Grantee shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Grantee in which the State has an interest. All materials owned by the
Page 9
State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the
option of the State, shall be delivered by Grantee to the State and shall become the State's property.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after
termination by the State, it is determined that Grantee was not in breach or that Grantee's action or
inaction was excusable, such termination shall be treated as a termination in the public interest and the
rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public
interest, as described herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State
for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the
State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until
such time as the exact amount of damages due to the State from Grantee is determined. The State may
withhold any amount that may be due to Grantee as the State deems necessary to protect the State,
including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the
State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for
excess costs incurred by the State in procuring from third parties replacement Work, Services or
substitute Goods as cover.
B. Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further
the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part.
Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This
subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which
shall be governed by §15(A) or as otherwise specifically provided for herein.
x. Method and Content
The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the
effective date of the termination and whether it affects all or a portion of this Grant.
xi. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations
and rights set forth in §15(A)(i).
xii. Payments
If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which
bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily
performed bear to the total Services covered by this Grant, less payments previously made.
Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion
of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee
which are directly attributable to the uncompleted portion of Grantee's obligations hereunder;
provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to
Grantee hereunder.
C. Remedies Not Involving Termination
The State, in its sole discretion, may exercise one or more of the following remedies in addition to other
remedies available to it:
xiii. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary
corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or
performance schedule. Grantee shall promptly cease performance and incurring costs in accordance
with the State's directive and the State shall not be liable for costs incurred by Grantee after the
suspension of performance under this provision.
xiv. Withhold Payment
Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and
completed.
xv. Deny Payment
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Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot
be performed or, if performed, would be of no value to the State; provided, that any denial of payment
shall be reasonably related to the value to the State of the obligations not performed.
xvi. Removal
Demand removal of any of Grantee's employees, agents, or Subgrantees whom the State deems
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest.
xvii. Intellectual Property
If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right
while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the
State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other
product involved with non -infringing products or modify them so that they become non -infringing; or,
(c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods,
Services, or products and refund the price paid therefore to the State.
16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices required to
be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard -copy
notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from
time to time designate by written notice substitute addresses or persons to whom such notices shall be sent.
Unless otherwise provided herein, all notices shall be effective upon receipt.
A. State:
Shelley Banker
Deputy Director — Colorado
Opportunity Scholarship Initiative
Colorado Department of Higher
Education
1560 Broadway, Suite 1600
Denver, CO 80202
shelley.banker@dhe.state.co.us
B. Grantee:
Richard Werner
President and CEO
Greeley -Weld Urban Enterprise Zone
Fund
822 7thStreet, Suite 550
Greeley, CO, 80631
rwerner@upstatecolorado.org
C. Weld County:
Mike Freeman
Chair, Board of Weld County
Commissioners
Weld County
PO Box 758
Greeley, CO, 80632
mfreeman@co.weld.co.us
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17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its
obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered
to the State by Grantee upon completion or termination hereof. The State's exclusive rights in such Work
Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative
works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose
other than the performance of Grantee's obligations hereunder without the prior written consent of the State.
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied,
of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental
Immunity Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to persons or property
arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials,
and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk
management statutes, CRS §24-30-1501, et seq., as amended.
19. STATEWIDE GRANT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date
or at any time thereafter, this §19 applies.
Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601,
§24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion
of Grant performance information in a statewide Grant management system.
Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation
and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's
performance will be systematically recorded in the statewide Grant Management System. Areas of Evaluation
and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information
relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific
requirements of such obligations and shall include factors tailored to match the requirements of Grantee's
obligations. Such performance information shall be entered into the statewide Grant Management System at
intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the
end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall
address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
meet the performance measures established hereunder, the Executive Director of the Colorado Department of
Personnel & Administration (Executive Director), upon request by the CDHE, and showing of good cause, may
debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation,
Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the
evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and
appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the
debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause.
20. GENERAL PROVISIONS
A. Assignment and Subgrants
Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted
without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without
such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are
subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting
arrangements and performance.
B. Binding Effect
Page 12
Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors,
and assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all of which shall constitute one
agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions,
deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein.
F. Indemnification -General
Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all
claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs,
incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees
pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the
Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
2671 et seq., as applicable, as now or hereafter amended.
G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
H. Modification
xviii. By the Parties
Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless
agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in
accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller
Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS -
TOOLS AND FORMS.
xix. By Operation of Law
This Grant is subject to such modifications as may be required by changes in Federal or Colorado
State law, or their implementing regulations. Any such required modification automatically shall be
incorporated into and be part of this Grant on the effective date of such change, as if fully set forth
herein.
I. Order of Precedence
The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those
provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in
the following order of priority:
xx. Colorado Special Provisions,
xxi. The provisions of the main body of this Grant,
xxii. Exhibit A,
xxiii. Exhibit B,
xxiv. Exhibit C,
xxv. Exhibit D.
J. Severability
Provided this Grant can be executed and performance of the obligations of the Parties accomplished within
its intent, the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof.
K. Survival of Certain Grant Terms
Page 13
Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance,
compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by
the State if Grantee fails to perform or comply as required.
L. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all
State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions
apply when materials are purchased or services rendered to benefit the State; provided however, that certain
political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the
product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State
is prohibited from paying for or reimbursing Grantee for them.
M. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and
not to any third party, except that the Weld County shall be third -party beneficiaries of this Grant. Any
services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do
not create any rights for such third parties.
N. Waiver
Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder,
whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any
subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement.
O. CORA Disclosure
To the extent not prohibited by federal law, this Grant and the performance measures and standards under
CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS
§24-72-101, et seq.
21. COLORADO SPECIAL PROVISIONS
These Special Provisions apply to all Grants except where noted in italics.
A. 1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1).
This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
B. 2. FUND AVAILABILITY. CRS §24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
C. 3. GOVERNMENTAL IMMUNITY.
No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any
of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental
Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et
seq., as applicable now or hereafter amended.
D. 4. INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation
benefits through the State and the State 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
Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability
or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law, (b) provide
proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its
employees and agents.
E. 5. COMPLIANCE WITH LAW.
Page 14
Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. 6. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this grant. Any provision included or incorporated herein by reference which
conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by
reference which purports to negate this or any other Special Provision in whole or in part shall not be valid
or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any
provision rendered null and void by the operation of this provision shall not invalidate the remainder of this
Grant, to the extent capable of execution.
G. 7. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any
provision to the contrary in this Grant or incorporated herein by reference shall be null and void.
H. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this Grant shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions,
Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of
public funds. If the State determines that Grantee is in violation of this provision, the State may exercise
any remedy available at law or in equity or under this Grant, including, without limitation, immediate
termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
I.9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-
507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Grantee's services and Grantee shall not employ any person having such known interests.
J. 10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4.
[Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller
may withhold payment under the State's vendor offset intercept system for debts owed to State agencies
for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest,
or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of
the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation
Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial
action.
K. 11. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101.
[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 an illegal alien who will perform work under this Grant and
will confirm the employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this Grant, through participation in the E -Verify Program or the State
program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract
with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to
certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to
perform work under this Grant. Grantee (a) shall not use E -Verify Program or State program procedures to
undertake pre -employment screening of job applicants while this Grant is being performed, (b) shall notify
the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a
Subgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate
the subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days
Page 15
of receiving the notice, and (d) shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Grantee participates in the State program, Grantee shall deliver to the granting State
agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming
that Grantee has examined the legal work status of such employee, and shall comply with all of the other
requirements of the State program. If Grantee fails to comply with any requirement of this provision or
CRS §8-17.5-101 et seq., the granting State agency, institution of higher education or political subdivision
may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages.
L. 12. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101.
Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal
law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of
identification required by CRS §24-76.5-103 prior to the effective date of this Grant.
SPs Effective 1/1/09
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 16
22. SIGNATURE PAGE
Grant Routing Number
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
* Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's
behalf and acknowledge that the State is relying on their representations to that effect.
GRANTEE
Greeley -Weld Urban Enterprise Zone Fund
By: Richard Werner
Title: President and CEO
*Signature
Date:
////AO44
COUNTY
Weld County
By: Mike Freeman
Title: Chair. Board of Weld County Commissioners
Date:
*Signature
NOV 16 2016
STATE OF COLORADO
John W. Hiekenlooper, Governor
Department of Higher Education
Colorado Opportunity Scholarship Initiative
By: Diane C. Duffy - In xecutive Director
Signatory avers to the State Controller or delegate that
Grantee has not begun performance or that a Statutory
Violation waiver has been requested under Fiscal Rules
Date: /(• lb
ALL GRANTS REOUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Grants. This Grant is not valid until
signed and dated below by the State Controller or delegate. Grantee is not authorized to begin
performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not
obligated to pay Grantee for such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jams, CPA, MA, JD
By:
Michelle Zak. Controller, Colorado Depof Higher Education
'odd —
Date:
Page I
0261/0 - 5
EXHIBIT A - STATEMENT OF WORK
1. GRANTEE GOALS AND OBJECTIVES
1.1 Grantee Goals:
With the combined total of $606,152.00 in State allocation and matching funds provided by the Grantee in
partnership with Weld County, Grantee will use matching scholarship grant funds to provide scholarships to the
residents of Weld County participating in Weld County Bright Futures. This initiative will support 205 students
with a scholarship during the 2017-2018 academic year.
1.2 Grantee Objectives
Objective 1: Scholarships: Award 205 Weld County Bright Futures grants, of approximately $3,000 per
year for academic year 2017-2018, 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: Grantee will work with institutions in which Weld County Bright
Futures students will be attending to identify student mentoring and support programs. Grantee may also
utilize relationships the Scholarship Initiative is forming with institutions, and resources available to
grantees to support these efforts.
Objective 3: Fundraising plans: Raise $303,076 in matching funds using an existing tax incentive
program. 50% county property tax incentive payments or credits allows taxpayers to contribute to a
county workforce development fund, in this case, the Weld County Bright Futures Scholarship Trust
Fund.
Objective 4: Of the 205 students granted awards, identify at least 40 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.
2. GRANTEE IMPLEMENTATION PLAN
2.1 Timeline
Grantee will disburse scholarships in the academic year of 2017-2018. Half of the funds would be distributed in
August, 2017 and the other half in January, 2018.
3. ASSURANCES
Grantee agrees to the following Assurances:
1. Grantee will annually provide DHE and the Weld County 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 frames 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.
Exhibit A-1
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 Weld County or an approved matching
partner, as outlined in Exhibit D.
6. Grant Funds will be used to provide tuition assistance dollars as defined in this Grant and Grant Funds
will be administered by the appropriate fiscal agent.
7. Funded projects will maintain appropriate fiscal and program records and fiscal audits of this program
will be conducted by the Grantee as 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 DI-IE before modifications are made to the expenditures. Grantee must contact Shelley
Banker(shellev.bankerCcidhe.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-2
EXHIBIT B - BUDGET
Summary of Budget for FY 17-18
Fall 2017 and Spring 2018 - 205 students approximately $3,000 per year 1 $606,152.00
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, 2018. The State intends to administer two (2)
payments in FY 2017-2018.
Proposed Invoice Schedule
Month
Year
CDHE
Amount
Match
Amount
Source
JUL
2017
$151,538
Grantee Match
JUL
2017
$151,538
Colorado Department of Higher Education
NOV
2017
$151,538
Grantee Match
NOV
2017
$151,538
Colorado Department of Higher Education
Total
$303,076
$303,076
Total Award Amount including Grantee
Match
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Exhibit B -I
EXHIBIT C — GRANTEE REPORT
Grantee must submit a performance report to DHE and Weld County on or before June 30, 2018, following the
completion of the first year of grant funding.
1. Grantee will provide a brief description (1-2 pages) of the current status of Grantee's project. Grantee
will describe the extent to which Grantee has implemented all program activities and components
planned for this reporting period. Grantee will highlight major outcomes, successes, and concerns.
2. The mission of the Colorado Opportunity Scholarship Initiative is to increase postsecondary credential
completion and preparedness of Colorado students to earn a livable wage, graduate with less debt, and
positively contribute to the growth of their state's economy. Grantee will describe the ways in which
Grantee's project is furthering the mission of the Scholarship Initiative. The written portion of the
Grantee Report is an opportunity to share qualitative data and special circumstances that otherwise
would not be reflected in quantitative results.
3. Grantee will describe the progress that Grantee's project has made towards accomplishing the objectives
of Grantee's project for the applicable reporting period as outlined in Exhibit A, Statement of Work.
Grantee will list all objectives in the table below, and indicate what activities have taken place, the
quantitative results of those activities, and actions required (what, if any, changes do you intend to make
in response to the results that you have seen?). Grantee may change the page layout of this table to
landscape, if needed.
Objectives:
List the approved
Activities:
List the activities that
Results:
Has the objective been met? If
Actions Required:
Are you planning to make
objectives from you
have been conducted to
not, what progress have you
changes to the grant in
grant application.
meet the objective.
made in reaching the
objective?
response to the results?
4. Annual program benchmarks. Using information provided pursuant to the Data Use Agreement, the
State will evaluate Grantee's program and community on the measurements based on the evaluation
criteria as defined in 8 CCR 1504-9. Grantee may be required to participate in additional research in
addition to those listed in this Grantee Report.
• Reductions in remediation rates and associated costs;
• Increases in graduation rates;
• Reductions in average time required to earn a degree;
• Increases in student retention rates;
• Reductions in disparities between the academic achievements of certain student populations
based on demographic, geographic, and economic indicators;
• Adoption of best practices for student support services;
• Fulfillment of local workforce needs;
• Reductions in student loan debt;
• Improvements in tuition affordability; and
• Improvements in students' access to federal grant programs and other federal sources of support
for postsecondary students.
Exhibit C -I
EXHIBIT D — PROOF OF FUNDS LETTER
[Date]
Shelley Banker
Deputy Director, Colorado Opportunity Scholarship Initiative
Colorado Department of Higher Education
1560 Broadway Street, Suite 1600
Denver, CO 80210
Dear Shelley,
May this letter serve as [Grantee's] certification that [amount] in new scholarship dollars have been raised to
match the State's allocation of 1:1 Matching Student Scholarship grants.
These new funds were raised leveraging the state's match, and were obtained from the following sources:
[State source of funds.]
• Individuals:
• Foundations:
• Corporations:
• Special Events:
• Other:
• Total:
With the signatures) below, the board of [grantee] agrees to the above statements.
Signature Date
[title]
Signature Date
[title]
Signature Date
[title]
Signature Date
[title]
Exhibit D-1
RE: GRANT AGREEMENT FPR GREELEY-WELD URBAN ENTERPRISE ZONE FUND
APPROVED ASTOSUBSTANCE:
Elected Official or Department Head
WA
Director of General Services
APPROVED AS TO FUNDING:
Controller
APPROVED AS TO FORM:
County Attorney
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