Award Packet - Grant Recipient Agreement
Perkins Local Plan Reference Number: ____
COLORADO COMMUNITY COLLEGE SYSTEM
9101 East Lowry Boulevard
Denver, Colorado80230-6011
Telephone: (303) 620-4000
GRANT RECIPIENT AGREEMENT
This Agreement dated this (date of local plan submittal or July 1 of beginning fiscal year, whichever is later) day of (month), (year) is entered into between the State of Colorado by the State Board for Community Colleges and Occupational Education ("State Board") and (name of institution)("Recipient").
Recitals
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  1. The State Board administers the Carl D. Perkins Career and Technical Education Improvement Act of 2006, ("the Act") P.L. 109-270, within the guidelines of the Education Department General Administrative Regulations (EDGAR) and the Colorado Community College System (CCCS) CTE Administrators’Handbook.
  2. The State Board is distributing available funds to eligible recipients under the Act through a Request for Proposal (RFP) process, basic grant formulas established by the Act, and basic grant and other application processes established by the State Board.
  3. (Name of institution) is an eligible recipient and has been approved for receipt of one or more of such funds.
  4. These funds can be used for costs incurred between the date of your local plan submittal and June 30,(fiscal year).
  5. This Agreement and its accompanying Addenda contain the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the Parties relating to such subject matter. This Agreement may be executed in one or more counterparts (facsimile transmission or otherwise), each counterpart shall be deemed an original and all of which shall constitute but one Agreement. This Agreement may not be amended or modified except by mutual written agreement.
  6. The programs/projects identified in this Agreement represent programs/projects described in the approval documents on file with CCCS. Signing this Agreement will certify the Recipient has met the following criteria:
    1) All related costs submitted for reimbursement for this fiscal year are compliant with this Grant Recipient Agreement.
    2) Career and Technical Education instructors of funded programs have and maintain credentialing appropriate to their funded program.

The Parties agree as follows:
  1. Grant documents include CCCS Request for Proposal(s) (RFP's) (if applicable), the local plan, vouchers, concept papers or other applications for the grants listed below:
Total Fiscal Year (fiscal year)Award Amounts:
(Level) Reserved ($ amount)
(Level) Non-Reserved ($ amount)
NOTE: The first installment total amount of ($ amount) is the spending limit for Quarter 1 (Date of Local Plan submittal or July 1, (beginning fiscal year), whichever is later, through September 30, (beginning fiscal year.)
  1. State Board shall pay Recipient an amount not to exceed $17,550 for performing required services in accordance with the grant documents. The following pages specify important components of this grant.
  1. Allowability:
  2. Recipient's expenditures submitted to CCCS for reimbursement must be for appropriate purposes and in accordance with provisions of grant documents. Recipient is required to maintain adequate records to provide full disclosure of grant expenditures. Such records include purchase orders, invoices, payroll records, time and effort records in support of payroll (monthly timesheets recommended), bid solicitation, contracts and checks issued. These source documents must demonstrate appropriate signatures and systems of strong internal controls.
  3. Perkins funding for CTSO activities is restricted to leadership activities, not competitive events.
  4. Equipment must be tagged and tracked and disposition requires CCCS approval.
  5. Recipient must include the following documentation when submitting requests and transaction details for reimbursement of Perkins expenditures to CCCS:
Type of Expenditure / Documents/Information Required from Recipients
Salaries and/or Wages / Copy of Payroll Register,or timesheets documenting time worked, documenting personnel paid from the grant unless transaction details lists payees by name
Indirect Costs / Certification of current fiscal year’s negotiated indirect rate
Other / For each transaction of $5,000 or more, copies of invoices are required, even if individual items are less.
Equipment / For purchases of Equipment (any single unit with a useful life of more than one year and an acquisition cost of greater than or equal to $5,000), an equipment detailed invoice is required.
  1. CCCS reserves the right to request additional documentation if deemed necessary.
  2. For expenditures that are funded by Perkins, Recipient cannot claim reimbursement for those same expenditures from other sources of funding.
  1. Recipient agrees to perform any additional project assurances noted below:
  2. All Perkins federal fund budget change requests must be received by CCCS no later than May 1 of the current fiscal year.
  3. All Perkins Recipients must abide by the Federal Assurances as provided with Perkins grant guidelines.
  4. All Perkins Recipients must report accurate VE-135 enrollment and follow-up data by the data reporting deadlines.
  1. Termination - State Board may terminate part or all of this Agreement at any time if it believes Recipient is not performing services in an appropriate manner, or if Recipient has failed to remedy deficiencies after a 30-day written notice from State Board staff. Recipient will be entitled to be paid for services performed prior to the date of termination.
  1. Copyright and Distribution
  2. All of the items prepared for or submitted to the State Board by Recipient under this Agreement shall belong exclusively to the State Board and shall be deemed to be works made for hire. To the extent that any of the deliverable items may not, by operation of law, be works made for hire, Recipient hereby assigns to the State Board the ownership of copyright in the deliverable items and the State Board shall have the right to obtain and hold in its own name copyrights, registrations and similar protection which may be available in the deliverable items. Recipient agrees to give the State Board or its designees all assistance reasonably required to perfect such rights.
  3. To the extent that any pre-existing materials are contained in the items, Recipient grants to State an irrevocable, non-exclusive, worldwide, royalty-free license to (1) Use, execute, reproduce, display, perform, distribute (internally or externally) copies of, and prepare derivative works based upon, such pre-existing materials and derivative works thereof; and (2) Authorize others to do any, some or all of the foregoing.
  4. No license or right is granted to Recipient either expressly or by implication, estoppel or otherwise to publish, reproduce, prepare derivative works based upon, distribute copies of, publicly display, or perform, any of such items, except pre-existing materials of Recipient, either during or after the term of this Agreement.
  1. Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
  1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
  1. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
  1. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
  1. Audit Compliance
The Recipient of federal financial assistance hereby agrees to the following audit requirements in accordance with the Single Audit Act (OMB Circular A-133):
  1. to permit, as a condition of receiving federal funds under this agreement, an independent auditor of the State Board or local government to have access to the Recipient records and financial statements as necessary to comply with the Single Audit Act.
  2. to arrange for an annual financial and compliance audit in accordance with OMB Circular A-133 if the Recipient expended over $500,000 of federal financial assistance during a given fiscal year. The $500,000 includes federal funds received directly from a federal agency or indirectly through a state or local government agency.
  1. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 2 CFR Part 180, Subpart C,Responsibilities of Participants Regarding Transactions Doing Business with Other Persons. Copies of the regulations may be obtained by contacting the person to whom this proposal is submitted.
  1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
  1. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
  1. Records Management
The Recipient will maintain all fiscal records and related grant documentation for seven years following the close of the fiscal year.
  1. Subcontracting
The Recipient shall not subcontract the performance of any part of its duties under this Grant except in accordance with the terms of this Grant or with the prior written consent of CCCS approving the Recipient.
  1. Equipment
Equipment purchases are only for use in approved Career and Technical Education programs. Equipment (any single unit with a useful life of more than one year and an acquisition cost of greater than or equal to $5,000) must be accounted for through an established property management system. The information to be maintained should at least include a description (including serial number or other identification number), source, who holds title, acquisition date and cost, percentage of Federal participation in the cost, location, condition, and any ultimate disposition data including, the date of disposal and sales price or method used to determine current fair market value.
Note: Prior written approval for Equipment must be obtained from CCCS before purchasing.
  1. Severability
To the extent this agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable. Should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof.
  1. Entire Understanding
This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the Colorado State Fiscal Rules.
  1. Survival of Certain Contract Terms
Notwithstanding anything herein to the contrary, all terms and conditions of this contract, including but not limited to its exhibits and attachments, which may require continued performance, compliance, or effect beyond the termination date of the contract, shall survive such termination date and shall be enforceable by the State in the event of the Contractor’s failure to perform or comply as required.
  1. Modification and Amendment
1.This agreement 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 contract on the effective date of such change, as if fully set forth herein.
2.Except as specifically provided in this contract, no modification of this contract shall be effective unless agreed to in writing by both parties in an Amendment to this agreement, properly executed and approved in accordance with Colorado State law and State Fiscal Rules.
  1. Venue
Venue for any action related to performance of this agreement shall be in the City and County of Denver, Colorado.

XVIII.CONTROLLER'S APPROVAL. CRS §24-30-202 (1).

This Contract shall not be valid until it has been approved by the Colorado State Controller or designee.

XIX.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.

XX.GOVERNMENTAL IMMUNITY.

No term or condition of this Contract 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.

XXI. INDEPENDENT CONTRACTOR

Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor 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 Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor 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.
  1. COMPLIANCE WITH LAW.
Contractor 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.

XXIII.CHOICE OF LAW.

Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. 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 Contract, to the extent capable of execution.

XXIV. 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 Contract or incorporated herein by reference shall be null and void.

XXV. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.

State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.

XXVI. 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 Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests.

XXVII. 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.

XXVIII. PUBLIC CONTRACTS 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] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Contract is being performed, (b) shall notify the Subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (c) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages.

XXIX. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101.

Contractor, 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 Contract.
______/ ______/ ______
Signature / Date / Typed or Printed Name and Title
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Signature / Date / Typed or Printed Name and Title
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College Controller Signature / Date / Typed or Printed Name and Title
The first and last page of this Agreement must be returned to: Perkins Director, CCCS, 9101 E. Lowry Blvd., Denver, CO 80230-6011 before Voucher 1 will be posted to your CTE Online Account. (Remember: The Voucher 1 request for reimbursement of funds must be submitted by December 31st.) Additionally, for Recipients that are not CCCS system colleges or their consortia, this Agreement will only be considered as complete upon receipt of the Recipient’s most recently completed, within the last 2 years, OMB A-133 Single Audit Report. If the Recipient is not required to arrange for an annual financial and compliance audit, a signed copy of the Certification of Exemption From OMB A-133 Single Audit Reports form must be sent instead. And finally, the signed copy of the Civil Rights Compliance Form must also be included. Signed pages must be originals in hard copy format.

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