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HomeMy WebLinkAboutC08-150.. CSBG: Award # L8CSBG15 Eagle County Phase I Waiver #:201 Routing # 08 NAA Encumbrance # L8CSBG15 CFDA # 93.569 Account Code(s): 100 LEBO 108 3611 5120 C815 5108 STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS COMMUNITY SERVICES BLOCK GRANT AGREEMENT with Eagle County 1. PARTIES THIS GRANT AGREEMENT ("Grant") is entered into by and between Eagle County ("Grantee"), and the STATE OF COLORADO (the "State") acting by and through the Colorado Department of Local Affairs (the "Department") for the benefit of the Division of Local Government. 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Grant shall not be effective or enforceable until approved and signed by the Colorado State Controller or authorized delegate ("Effective Date"), but shall be effective and enforceable thereafter in accordance with its provisions. The Department shall not be obligated to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision of this Grant prior to [select one of the following options A-C by checking the box next to selected option) A. Option ^ The Effective Date. B. Option ^ The later to occur of the Effective Date or the date of a separate letter issued by the Department ("Release of Funds Letter") notifying Grantee of the completion of a satisfactory environmental review and authorizing Grantee to obligate or use Grant Funds. C. Option ® The Effective Date; provided, however, that [check applicable sub-option) i. Sub-Option ® all Project costs, if specifically authorized by the funding authority, incurred on or after March 1, 2008, may be submitted for reimbursement as if incurred after the Effective Date; or ii. Sub-Option ^ all Project costs, if specifically authorized by the funding authority, incurred on or after insert federal grant's effective date and pre-award costs for insert purpose, if any, incurred on or after insert starting date allowed under the federal award for pre-award costs such costs, may be submitted for reimbursement as if incurred after the Effective Date. 3. RECITALS A. Authority, Appropriation, And Approval Authority for this Grant arises from CRS §24-32-106. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment and the required approval, clearance and coordination have been accomplished from and with appropriate agencies. B. Grantee Grantee is an eligible recipient of Grant Funds made available by the Program, as defined below, and awarded by this Grant. Grantee is aware of, willing and able to comply with all provisions specific to the Program, as set forth in Exhibit A, Applicable Laws, attached hereto and incorporated by reference herein, and to complete the Project, described in Exhibit B. Page 1 of 16 C. Purpose and Department's Role The Department administers funds made available to the Department for the purpose of reducing poverty, revitalizing low-income communities, and empowering low-income families and individuals to become fully self-sufficient. The purpose of this agreement is detailed in Exhibit B. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Effective Date Effective Date means the date this Grant is effective and enforceable in accordance with §2, above herein. B. Goods Goods means any physical item produced or manufactured and acquired by Grantee either separately or m conjunction with the Services rendered hereunder that are required by the provisions hereof. C. Grant Funds Grant Funds means the funds available for distribution by the Department to Grantee for use in connection with the Project, as set forth in the Recitals and Statement of Work sections hereof. D. Party or Parties Party or Parties means one or both of the Department and Grantee. E. Program Program means the federal or state funding for this Grant. F. Project Project means the Project described in the Recitals and Statement of Work sections hereof. G. Project Budget Project Budget means the Project Budget described in the Statement of Work. H. Services Services means services performed or tangible material produced or delivered in completing the Project and in performance of Grantee's other obligations hereunder. I. Termination Date Termination Date means the date this Grant terminates as described in §5(A), below herein. . J.Work Product , Work Product means 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, prepared by Grantee in completing the Project and in performance of Grantee's other obligations hereunder. 5. TERM and EARLY TERMINATION A. Initial Term-Work Commencement The term of this Grant shall commence on the later of the Effective Date or March 1, 2008, and terminate on February 28, 2009, unless terminated earlier as provided below. Grantee's obligations under this Grant shall be undertaken and performed in the sequence and manner set forth in the Statement of Work. Performance of this Grant shall commence as soon as practicable after [select one of the following options by checking the box next to selected optionJ: i. ®the Effective Date; or ii. ^ the later to occur of the Effective Date and the date set forth in a Release of Funds Letter. B. Department's Option to Extend The Department, in its sole discretion and upon written notice to Grantee, may unilaterally extend the term of this Grant for a period of up to three months under the same provisions as the original Grant. This extension shall terminate at the earlier of either the end of the three month period or when a replacement Grant is signed by the Parties and approved by the State Controller or authorized designee. Any other extension of the term of this Grant requires an amendment made in accordance with §21(B), below herein. C. Early Termination This Grant is subject to early termination in accordance with §17(B), §8(B)(iii),and §22(2), all set forth below herein. 6. STATEMENT of WORK Page 2 of 16 Grantee shall complete the Project and perform its other obligations as described herein and in the Statement of Work, Exhibit B. Grantee shall prosecute its obligations hereunder and in the Statement of Work with due diligence to completion. The Department, in its sole discretion, but in accordance with limitations imposed by the Office of the State Controller, may change budgetary lines in the Project Budget section of Exhibit B. The Department shall send notice of such changes within 60 days in accordance with § 18, below herein. 7. MATCHING FUNDS A. Amount Grantee shall provide matching funds as provided in the Statement of Work. Grantee shall raise the full amount of matching funds during the term of this Grant and shall report to the Department regarding the status of such funds as required in Exhibit B. B. Breach Grantee's failure to raise matching funds, to keep records, and/or to report may affect its continued participation in the Program under which this Grant operates. In addition, the Department may terminate this Grant under the Termination for Cause subsection of § 17, below herein, if the Department has reasonable evidence that Grantee will be unable to raise such matching funds during the term hereof. 8. GRANTEE FINANCIAL MANAGEMENT A. Accounts Grantee shall maintain properly segregated accounts of Grant funds, matching funds, and other funds associated with the Project and make those records available to the Department on request. All receipts and expenditures associated with the Project shall be documented in a detailed and specific manner, in accordance with the Project Budget. B. Project Budget Line Item Adjustments Regarding budget lines within the Project Budget, Grantee may: check oneJ i. ®not adjust individual budget line amounts without approval of the Department. Such approval shall be in the form of: a) a notice issued by the Department in accordance with § 18, below herein; or b) an amendment in accordance with §21(B), below herein. ii. ^ adjust individual budget line amounts without the Department's approval if (a) there are no transfers to or between administration budget lines; and if (b) the cumulative budgetary line item changes do not exceed the lesser often percent of the total budgeted amount or $20,000. 9. PAYMENTS TO GRANTEE Grantee shall be paid in the following amounts and manners, subject to return of any unexpended Grant Funds: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the Department shall be $40,852.00, as determined by the Department from available funds. The Department shall reimburse Grantee for costs approved in the Grant budget, set forth in the Statement of Work, for Services performed, reviewed, and accepted or Goods delivered, inspected and accepted, pursuant to the provisions of this Grant, including without limitation, performance, quality, milestones and completion requirements for payment set forth in the Statement of Work, and the Department's inspection and acceptance rights in the Inspection and Verification subsection of § 14, below herein. Satisfactory performance under the terms of this Grant shall be a condition precedent to the Department's obligation to reimburse Grantee. The maximum amount of Grant Funds payable as reimbursement under this Grant, and any extension hereof, shall include all Grantee's fees, costs and expenses. B. Payment All payments are subject to the §17 of this Grant. i. Method and Time Grantee periodically shall submit invoices to the Department in the form and manner set forth in the Statement of Work, and attach timesheets, receipts and other requested documentation in the form and manner approved by the Department. Grantee shall submit request for reimbursements/invoices within 30 days after the end of the period for which payment is requested, and final billings under Page 3 of 16 this Grant shall be received by the Department within 45 days after termination hereof. Untimely requests for payment may be accepted at the sole discretion of the Department. ii. Electronic Funds Transfer Payments shall be made by one of the following methods: a) by mutually agreeable method including in-person pickup, b) electronic funds transfer (EFT) if Grantee provides wntten EFT instructions to the Department on a form acceptable to the Department, or c) via the U.S. Postal Service or other delivery service with a properly addressed stamped envelope to the address specified by Grantee in the remittance address section of Exhibit B. iii. Available Funds-Contingency-Termination The Department is prohibited bylaw 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 m §2 of the Colorado Special Provisions, set forth below. If federal appropriations or grants fund this Grant in whole or in part, the Department'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 Department'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 Department may immediately terminate this Grant in whole or in part without further liability in accordance with § 17(B), below herein. iv. Erroneous Payments Payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, at the Department's sole discretion, may be recovered from Grantee by deduction from subsequent payment under this Grant or other grants or contracts between the Department and Grantee or by other appropriate methods or collected as a debt due to the Department. C. Unexpended Funds i. Return Any Grant Funds paid to Grantee and not expended in connection with this Grant shall be refunded by Grantee to the Department within 15 days of termination of this Grant. If Grantee receives Grant Funds hereunder during any fiscal year in excess of its spending limit for such fiscal year, Grantee shall refund all excess Grant Funds to the Department within 15 days of the later of (a) the receipt of such Grant Funds or (b) the determination of such excess. Under no circumstances shall unexpended or excess Grant Funds received by Grantee under this Grant be refunded or paid to any party other than the Department. ii. De-Obligation Any Grant Funds not required to complete Grantee's obligations hereunder shall be de-obligated by the Department. The Department shall send notice of such de-obligation within 60 days in accordance with § 18, below herein. iii. Offset If Grantee fails to return unexpended funds the Department may offset the amount not returned against any other unpaid funds the Department owes Grantee under any other grant, contract, or obligation between the Parties. 10. REPORTING AND NOTIFICATION Reports and analyses required under this section shall be made in accordance with procedures and in such form as prescribed by the Department. A. Performance, Progress, Personnel, and Funds Grantee shall comply with all reporting requirements set forth in the Statement of Work. B. Litigation Within 10 days after being served with any pleading related to this Grant or the Project, in a legal action filed with a court or administrative agency, Grantee shall notify the Department of such action and deliver copies of such pleadings to the Department's principal representative in accordance with § 18, below Page 4 of 16 herein. If a Department principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of the Department. C. Noncompliance Grantee's failure to provide reports and notify the Department in a timely manner in accordance with this section may result in the delay of payment of funds and/or termination under § 17 of this Grant. 11. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall maintain a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Project 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 five 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 occuring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved B. Inspection Grantee shall permit the State, the federal government or 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 Records Retention Period to assure compliance with the terms hereof or to evaluate Grantee's performance. The Department reserves the right to inspect the Project at all reasonable times and places during the term of this Grant, including any extension. If the Project does not conform to Grant requirements, the Department may require Grantee promptly to bring the Project into conformity with Grant requirements, at Grantee's sole expense. If the Project cannot be brought into conformance by re-performance or other corrective measures, the Department 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 the preceding measure. C. Monitoring Grantee also shall permit the State, the federal government or any other duly authorized agent of a governmental agency, in the sole discretion of such governmental agency, to monitor all activities conducted by Grantee pursuant to this Grant, using any reasonable procedure, at the discretion of such governmental agency, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, and formal audit examinations. All such monitoring shall be performed in a manner which will 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 one copy of the final audit report to the Department's principal representative at the address specified in § 18, below herein. 12. CONFIDENTIAL INFORMATION-STATE RECORDS Grantee acknowledges that it may become privy to confidential information in connection with its performance hereunder, including but not limited to State records, personnel records, and information concerning individuals ("Confidential Information"). The following applies if Grantee receives confidential information: A. Confidentiality Grantee shall keep all Confidential Information confidential at all times and comply with all laws and regulations concerning confidentiality of information to the same extent applicable to the Department. Any request or demand for information in the possession of Grantee made by a third party shall be forwarded immediately to the Department's principal representative for resolution. B. Notification Grantee shall notify each of its agents, employees, sub-grantees, subcontractors and assigns (each a "Related Party") who may come into contact with Confidential Information that such party is subject to Page 5 of 16 the confidentiality requirements set forth herein, and shall provide each Related Party with a written explanation of such requirements before permitting such party to access any information of the Department. C. Use, Security, and Retention No Confidential Information of any kind shall be distributed or sold to any third party or used by Grantee or a Related Party in any way, except as authorized by this Grant and as approved by the Department. 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 m any files or otherwise by Grantee or a Related Party, except as set forth in this Grant and approved by the Department. D. Disclosure-Liability Disclosure of State records or other Confidential Information by Grantee or a Related Party for any reason may be cause for legal action against Grantee or such Related Party by the State or third parties and defense of any such action shall be Grantee's sole responsibility. E. Health Insurance Portability & Accountability Act of 1996 ("HIPAA") This HIPAA section check oneJ ^ applies to or does not apply ®to this Grant. Federal law and regulations governing the privacy of certain health information requires a "Business Associate Contract" between the Department and Grantee. 45 C.F.R. Section 164.504(e). Attached and incorporated herein by reference and agreed to by the Parties is a HIPAA Business Associate Addendum for HIPAA compliance. Terms of the Addendum shall be considered binding upon execution of this Grant and shall remain in effect during the term of this Grant, including any extension. 13. CONFLICT OF INTEREST A. Definition and Appearance 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 Department's interests. Absent the Department's prior written approval, Grantee shall refrain from any practices, activities or relationships which reasonably appear to be in conflict with the full performance of Grantee's obligations to the Department hereunder. Grantee shall comply with the provisions of CRS §18-8-308 and §§24-18-101-109. B. Specific Prohibitions Grantee's and sub-grantee's respective officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Grantee's potential subgrantees, or parties to sub- contracts. Grantee's employees, officers, agents or any permitted sub-grantees shall not participate in the selection, award, or administration of this Grant or any sub-grant or sub-contract, if an actual or apparent conflict of interest would occur. Such a conflict would arise when any of the following has a financial or other interest in the firm selected for award: i. an employee, officer, agent or board member; ii. any member of the employee's immediate family; iii. an employee's partner; or iv. an organization, which employs, or is about to employ, any of the aforementioned. C. Determination by Department -Default If Grantee is uncertain as to the existence of a conflict of interest, Grantee shall submit to the Department a disclosure statement setting forth the relevant details for the Department's consideration. Failure to promptly submit a disclosure statement or to follow the Department's direction in regard to the apparent conflict shall be considered a material default of this Grant and grounds for termination under the Termination for Cause subsection of § 17, below herein. D. Code of Performance Grantee, and sub-grantees and subcontractors, if any, shall maintain a written code of standards governing the performance of their respective employees, agents, and contractors engaged in the award and administration of this Grant, or subcontract or subgrant, if any. Grantee shall provide a copy of such code to the Department within 10 days of the Department's written request therefore. Page 6 of 16 14. REPRESENTATIONS AND WARRANTIES The Parties make the following specific representations and warranties to each other, upon which each is relying in entering into this Grant. A. Standard and Manner Of Performance Grantee shall perform its obligations hereunder, including in accordance with the highest professional standard of care, skill and diligence. Grantee shall perform its obligations hereunder in the sequence and manner set forth in Exhibit B. B. Inspection and Verification The Department reserves the right to inspect and monitor Grantee's performance hereunder at all reasonable times and places to verify that they conform to the requirements of Exhibit B. If Grantee's performance does not conform to Grant requirements, the Department may require Grantee promptly to bring its performance into conformity with Grant requirements, at Grantee's sole expense. If the Project cannot be brought into conformance by corrective measures, the Department 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 in equity in lieu of or in conjunction with the preceding measure. C. Legal Authority-Grantee and Grantees Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and 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 and to bind Grantee to its terms. The person signing and executing this Grant on behalf of Grantee hereby represents and warrants and guarantees that they have full authorization to do so. If requested by the Department, Grantee shall provide the Department the basis for Grantee's authority to enter into this Grant within 15 days of receiving such request. D. Licenses, Permits, Etc Grantee represents and warrants that as of the Effective Date it has, and that at all times dunng the term hereof rt will have, at its sole expense, all licenses, certifications, approval, insurance, permits, and other authorization required by law to perform its obligations hereunder. Additionally, all employees of Grantee performing services under this Grant shall hold the required licenses or certifications, if any, to perform their duties, Grantee, if a foreign corporation or other entity transacting business in the State of Colorado, further certifies 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 this Grant, shall be deemed to be a default by Grantee and grounds for termination under Grant § 17(A). E. Small, Minority and Woman Owned Businesses Grantee warrants that it will take all necessary affirmative steps, as required by Colorado Executive Orders, and State Procurement Rules to assure that small and minority businesses and women's business enterprises are used, when possible, as sources of supplies, equipment, construction, and services purchased under this Grant. F. Non-discrimination Grantee warrants it will comply with any and all laws and regulations prohibiting discrimination in the performance of Grantee's obligations under this Grant. In consideration of and for the purpose of obtaining any and all Federal and/or State financial assistance: i. Discrimination Prohibition Grantee shall not discriminate against any person on the basis of race, color, national origin, age, sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS-related conditions, in performance of work under this Grant. ii. Disability Exclusion Prohibition Grantee shall not exclude from participation in, or deny benefits of the Service, programs, or activities performed by Grantee pursuant to this Grant, or discriminate against any qualified individual with a disability shall, by reason of such disability. G. Breach Page 7 of 16 If the Grantee breaches any of its representations or warranties, the Department may require Grantee to promptly perform its obligations again in conformity with Grant requirements, at no additional cost to the Department. If such breaches cannot be, or are not cured, the Department may, in addition to any other remedies provided for in this Grant, require Grantee to take necessary action to ensure that future performance conforms to the provisions of this Grant; and equitably reduce the payment due to Grantee to reflect the reduced value of the Project. Any reduction, delay or denial of payment under this provision shall not constitute a breach of Grant or default by the Department. 15. INSURANCE Grantee and its sub-grantees and subcontractors shall obtain and maintain insurance as specified m this section at all times during the term of this Grant: All policies evidencing the insurance coverages 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 Governmental Immunity Act"), 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 such Act. Grantee shall show proof of such insurance satisfactory to the Department, if requested by the Department. Grantee shall require each grant or contract with asub-grantee or subcontractor which is a public entity, providing Goods or Services in connection with this Grant, to include the insurance requirements necessary to meet sub- grantees liabilities under the Act. ii. Non-Public Entities If Grantee is not a "public entity" within the meaning of the Governmental Immunity Act, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in subsection B of this section with respect to sub-grantees and sub- contractors which are not "public entities". B. Sub-grantees and Subcontactors , , _ Grantee shall require each contract with asub-grantee or subcontractor, 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: i. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all ofsub-grantee or subcontractor employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 Ol 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, sub-grantee or subcontractor 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. iii. 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. iv. Additional Insured Page8of16 Grantee and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of the sub-grantee or subcontractor shall be primary over any insurance or self- insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation ornon-renewal without at least 45 days prior notice to the Grantee and the State by certified mail. vii.Subrogation Waiver All insurance policies in any way related to the Grant and secured and maintained by Grantee's sub- grantees or subcontractors 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 Each of Grantee's subcontractors and subgrantees shall provide certificates showing insurance coverage required hereunder to Grantee within seven business days of the Effective Date, but in no event later than the commencement of the Services or delivery of the Goods under the subcontract or subgrant. No later than 15 days prior to the expiration date of any such coverage, each subcontractor or subgrantee shall deliver to Grantee certificates of insurance evidencing renewals thereof upon request by the Department or at any other time during the term of a subcontract or subgrantee, Grantee may request in writing, and the subcontractor or subgrantee shall thereupon within 10 days supply to Grantee, evidence satisfactory to Grantee and the Department of compliance with the provisions of this section. 16. DEFAULT-BREACH A. Defined In addition to any breaches or defaults specified in other sections of this Grant, including, but not limited to the §22 below herein, 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 default or breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar legislation, 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 default. B. Notice and Cure Period In the event of a default or breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in § 18, below herein. If such default or breach is not cured within 30 days of receipt of written notice or, if a cure cannot be completed within 30 days, cure of the default or breach has not begun within said period and pursued with due diligence, the aggrieved Party may terminate this Grant by providing written notice thereof, as provided for in § 18, below herein, specifying the effective date of the termination. Notwithstanding anything to the contrary herein, the Department, 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. 17. REMEDIES If Grantee is in default or breach under any provision of this Grant, the Department shall have all of the remedies listed in this section in addition to all other remedies set forth in other sections of this Grant. The Department may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Default If Grantee fails to perform any 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 Department may notify Grantee of such non-performance in accordance with the § 16, above and § 18, below herein. If Grantee thereafter fails to promptly cure such non-performance within the cure period, the Department, at Page 9 of 16 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 Department 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 the termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall also terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the Department all Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within the Grant terms. In the sole discretion of the Department, Grantee shall assign to the Department 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 Department has an interest. All materials owned by the Department in the possession of Grantee shall be immediately returned to the Department. In the sole discretion of the Department, Grantee shall assign to the Department all of Grantee's right, title, and interest under such terminated orders or subcontracts. A11 Work Product, at the option of the Department, shall be delivered by Grantee to the Department and shall become the Department's property. ii. Payments The Department shall reimburse Grantee only for accepted Services and Goods received up to the date of termination. If, after termination by the Department, it is determined that Grantee was not in default 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 in § 17(B), below herein. iii. Damages and Witholding Notwithstanding any other remedial action by the Department, Grantee also shall remain liable to the Department for any damages sustained by the Department by virtue of any default under this section by Grantee and the Department may withhold any payment to Grantee for the purpose of mitigating the Department's damages, until such time as the exact amount of damages due to the Department from Grantee is determined. Further, the Department may withhold amounts due to Grantee as the Department deems necessary to protect the Department against loss because of outstanding liens or claims of former lien holders and to reimburse the Department for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the Department in procuring from third parties replacement Services or substitute Goods as cover. B. Early Termination for the Public Interest The Department 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 Courts. If this Grant ceases to further the public policy of the State, the Department, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the Department of this right shall not be deemed a breach of the Department's obligations hereunder. This subsection shall not apply to a termination of this Grant by the Department for cause or default by Grantee, which shall be governed by § 17(A), above herein. i. Method and Content The Department shall notify Grantee of the termination in accordance with § 16, above and § 18, below herein, specifying the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with § 17(A)(i), above herein. iii. Payments If this Grant is terminated by the Department in furtherance of the public interest of the State of Colorado, Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed or the Goods satisfactorily delivered or installed bear to the total Services and Goods covered by this Grant, less payments previously made. Page 10 of 16 Additionally, if the Grant is less than 60% completed, the Department 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 reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The Department, its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to the Department: i. Suspend Performance Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the Department without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the Department's directive and the Department shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withold Payment Withhold payment to Grantee until corrections in services are satisfactorily completed and /or acceptable goods are provided. iii. Deny Payment Deny payment for those Services not performed and/or Goods not provided and which due to circumstances caused by the Grantee cannot be performed or provided or, if performed or provided, would be of no value to the Department; provided, that any denial of payment must be reasonably related to the value of work, performance or Goods lost to the Department. iv. Removal Demand removal of any of Grantee's employees, agents, or subcontractors whom the Department 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 Department's best interest. Replacement of any key personnel hereunder shall be done in accordance with the relevant provisions of Exhibit B. 18. NOTICES and REPRESENTATIVES Each individual identified below is the principal representatives 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, hard-copy notice, notice also may be sent by e-mail to the a-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. Department: B. Grantee: 19. GOVERNMENTAL IMMUNITY Page 11 of 16 Tony Hernandez, Division Director, Divison of Local Government Colorado De arhnent of Local Affairs 1313 Sherman St., #521 Denver, CO 80203 Email: tony.hernandez state.co.us Jennie Waterer Eagle County De artment of Health and Human Services 501 Broadway P.O. Box 660 Eagle, CO 81631 Email: ~ennie.wahrer ea lecoun .us 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. 20. LEGAL RESIDENT This legal resident section [check vneJ ®applies to or does not apply ~ to this Grant. Grantee must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS §24-76.5-101 et seq. when such individual applies for public benefits provided under this Grant by requiring the following: A. Identification: The applicant shall produce one of the following personal identifications: i. A valid Colorado driver's license or a Colorado identification card, issued pursuant to article 2 of title 42, C.R.S.; or ii. A United States military card or a military dependent's identification card; or iii. A United States Coast Guard Merchant Mariner card; or iv. A Native American tribal document. B. Affidavit The applicant shall execute an affidavit herein attached as Form 1, Affidavit of Legal Residency, stating: i. That they are United States citizen or legal permanent resident; or ii. That they are otherwise lawfully present in the United States pursuant to federal law. 21. GENERAL PROVISIONS A. Binding Effect Except as otherwise provided herein, 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. B. Modification and Amendment This Grant is subject to such modifications or amendments as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification or amendments shall automatically be incorporated into and be made part of this Grant on the effective date of such change, as if fully set forth herein. Except as specifically provided elsewhere herein, no modification or amendments of this Grant shall be effective unless agreed by both Parties in a written amendment to this Grant, properly executed and approved, the form and content of which are in accordance with State Law, Fiscal Rules and Policies. C. 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. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever, unless embodied herein or as provided in the Modification subsection of this section. D. Severability Provided this Grant can be executed and performed in accordance with its intent, the provisions hereof are severable and any provision declared invalid or inoperable for any reason shall not affect the validity of any other provision hereof. E. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. F. Waiver Waiver of any breach of a term, provision, or requirement of or any right or remedy under this Grant, 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. G. Assignment-Novation Page 12 of 16 Except as otherwise specifically provided in the Statement of Work, Exhibit B, Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted, and novations shall not occur, without the prior, written consent of the State. Any attempt at assignment, transfer, subcontracting, or novations without such consent shall be void. All sub-grants/sub-grantees and subcontracts/subcontractors approved by Grantee or the State shall be subject to the provisions hereof. Grantee shall be solely responsible for all aspects of subcontracting arrangements and performance. Grantee shall be solely responsible for all sub-grant and subcontracting arrangements, directions, and performance, including, but not limited to, delivery of Goods and performance of Services. Grantee shall require and ensure that each sub-grantee and subcontractor assents in writing to all of the provisions hereof, including indemnifying the State as required under the Colorado Special Provisions, below herein. H. Third Party Beneficiaries Enforcement of this Grant and all rights of action hereunder are reserved solely to the Parties. Any services or benefits received by a third party as a result of this Grant are incidental to the Grant, and do not create any rights in or for such third party. I. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant, including without limitation Exhibits and attachments hereto, requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the Department if Grantee fails to perform or comply as required. J.Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and the Parties herby agree that venue shall be proper in the City and County of Denver. K. 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. L. Federal Funding-List of Selected Applicable Laws Grantee at all times during the performance of this Grant shall comply with all applicable Federal and State laws and their implementing regulations, currently in existence and as hereafter amended, including without limitation those set forth on Exhibit A, Applicable Laws, attached hereto, which laws and regulations are incorporated herein and made part hereof. Grantee also shall require compliance with such laws and regulations by subgrantees and subcontractors under subgrants and subcontracts permitted by this Grant. M. Order of Precedence The provisions of this Grant shall govern the relationship of the Department and Grantee. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Section 22, Colorado Special Provisions ii. Sections 1 through 21 of Grant Agreement iii. Exhibit A, Applicable Laws iv. Exhibit B, Statement of Work Page 13 of 16 22. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all State contracts except where noted in italics. 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. 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. 3. INDEMNIFICATION. To the extent provided by law, 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, subcontractors, or assignees pursuant to the terms of this Grant. Applicable Only to Intergovernmental Contracts) 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, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-10-1Q1 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. 4. INDEPENDENT CONTACTOR. 4 CCR 801-2. 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 or shall be deemed to be an agent or employee of the State. Grantee shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the State pursuant to this Grant. Grantee acknowledges that Grantee and its employees are not entitled to unemployment insurance benefits unless Grantee or a third party provides such coverage and that the State does not pay for or otherwise provide such coverage. Grantee shall have no authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Grantee shall provide and keep in force workers' compensation (and provide proof of such insurance when requested by the State) and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 5. NON-DISCRIMINATION. Grantee agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied m the interpretation, execution, and enforcement of this Grant. Any provision of this Grant, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall 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 will not invalidate the remainder of this Grant, to the extent that this Grant is capable of execution. At all times during the performance of this Grant, Grantee shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202 (1) and 24- 30-202.4. The State Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (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 or its agencies, as a result of final agency determination or reduced to judgment, as certified by the State Controller. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this Grant shall be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies that, for the term of this Grant and any extensions, Grantee has 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 Page 14 of 16 paragraph, the State may exercise any remedy available at law or 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. 9. EMPLOYEE FINANCIAL 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. 10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS -PUBLIC CONTRACTS FOR SERVICES AND RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-17.5-101 and 24-76.5-101. Grantee certifies that it shall comply with the provisions of CRS 8-17.5-101 et seq. Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a subcontract or subgrant with a subcontractor or subgrantee that fails to certify to Grantee that such subgrantee or subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b). Grantee shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8-17.5-101 et seq., shall be cause for termination for breach and Grantee shall be liable for actual and consequential damages. Grantee, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of CRS 24-76.5-101 et seq., and (iii) shall produce one form of identification required by CRS 24-76.5-103 prior to the effective date of this Grant. Revised October 25, 2006 Effective Date of Special Provisions: August 7, 2006 THE REST OF TIIIS PAGE INTENTIONALLY LEFT BLANK Page 15 of 16 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 and accept personal responsibility for any and all damages the State may incur for any errors in such representation. GRANTEE: Insert Grantee Name STATE OF COLORADO Name: Bill Ritter, Jr., GOVERNOR Title: B B: *Signature Susan E. Kirkpatrick, Executive Director Colorado De artment of Local Affairs Date: Date: Pre-A roved Form Contract Reviewer B: Name of Pre-Approved Contract Reviewer Colorado De arhnent of Local Affairs Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts (Grants). This Contract (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 Leslie M. Shenefelt By: Rose Marie Auten, Controller Delegate Date: Page 16 of 16 CSBG: Award # L8CSBG15 Eagle County EXHIBIT A APPLICABLE LAWS Federal laws and regulations incorporated into this contract include, without limitation: 1. Age Discrimination Act of 1975, 42 U.S.C. Sections 6101, et seq. 2. Age Discrimination in Employment Act of 1967, 29 U.S.C. 621-634 3. Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, et seq. 4. Equal Pay Act of 1963, 29 U.S.C. 206(d) 5. Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b 6. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 7. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d 8. Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e 9. Title IX of the Education Amendment of 1972, 20 U.S.C. 1681, et seq. 10. Section 24-34-302, et seq., Colorado Revised Statutes 1997, as amended 11. The applicable of the following: 11.1. Cost Principals for State, Local and Indian Tribal Governments (OMB Circular A- 87); 11.2. Cost Principals for Education Institutions (OMB Circular A-21); 11.3. Cost Principals for Non-Profit Organizations (OMB Circular A-122), and 11.4. Audits of States, Local Governments, and Non-Profit Organizations (OMB Circular A-133). 12. Prohibition Against use of Federal Funds for Lobbying, 31 U.S.C. 1352 13. Privacy Act of 1974, S U.S.C. S 5529 and Regulations adopted thereunder 14. Drug Free Workplace Act 15. U.S. Department of Health & Human Services regulations: 15.1. Procedures of the Departmental Grant Appeals Board, 45 CFR Part 16; 15.2. Claims Collection, 45 CFR Part 30; 15.3. Debarment and Suspension from Eligibility for Financial Assistance (Nonprocurement), 45 CFR Part 76; 15.4. Nondiscrimination Under Programs Receiving Federal Assistance through the Department of Health and Human Services, Effectuation of Title VI of the Civil Rights Act of 1964, 45 CFR Part 80; 15.5. Practice and Procedure for Hearings Under Part 80 of this Title, 45 CFR Part 81; 15.6. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial Assistance, 45 CFR Part 84; 15.7. Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving or Benefiting from Federal Financial Assistance, 45 CFR Part 86; 15.8. Equal Treatment for Faith-Based Organizations, 45 CFR Part 87; 15.9. Nondiscrimination on the Basis of Age in HHS Programs or Activities Receiving Federal Financial Assistance, 45 CFR Part 91; 15.10. New Restrictions on Lobbying, 45 CFR Part 93; 15.11. Block Grants, 45 CFR Part 96; 15.12. Consolidation of Grants to the Insular Areas, 45 CFR Part 97; 15.13. Intergovernment Reviw of Department of Health and Human Services Programs and Activities, 45 CFR Part 100. Page 1 of 2 - Exhibit A -Applicable Laws 15.14. Uniform administrative requirements for grants and cooperative agreements to State, local, and tribal governments, 45 CFR Part 92. 16. Community Services Act, Public Law 105-285, Title II, and 42 U.S.C. 9901-9923 17. Certification required by 29 CFR Part 98, "Government Debarment and Suspension" 18. Environmental Tobacco Smoke Certification, also known as the Pro-Children Act of 1994, Public Law 103-227. 19. (Part of CSBG Act) Programs and activities under this Act are considered to be programs receiving federal financial assistance and are subject to all provision of EEO, except for those Grantees who are under Section 679 of the CSBG Act, religious organization's exempt from Section 702 of the Civil rights Act of 1964 (42 U.S. C. 2003-1) regarding employment practices Page 2 of 2 - Exhibit A -Applicable Laws CSBG: Award # L8CSBG15 Eagle County EXHIBIT B -STATEMENT OF WORK Community Services Block Grant 1. GENERAL DESCRIPTION OF THE PROJECT. 1.1. Project Description and Eligible Expenses Eagle County will provide home visitation services focusing on family and child development. In addition, the families in this program will be provided information on additional resources in the community that will strengthen the family unit. Parenting classes will be provided to low-income high- risk families in the community. The services will be provide through professional and paraprofessional home visitor staff in the Eagle County Department of Health and Human Services. This project will cover the salary and benefits of staff necessary in implementing this program. Timesheets identifying the portion of time spent on CSBG activities will be provided for reimbursement. 1.2. Results Oriented Management Accountability (ROMA) The Community Services Block Grant (CSBG) Program is a national program that must demonstrate ROMA. This is accomplished through the nine federal objectives, six national goals, and twelve national indicators. Eagle County shall provide services meeting the following Federal Objectives: Linkages; National Indicators: 6.3; and National Goals: 6. Grantee's final report to the Department shall reflect outcomes in accordance with the above federal objectives, national indicators, and national goals. Any changes during the term of this Grant requires a public hearing, new application and plan, and a modification of this agreement in accordance with §21(B) of the Grant. 1.3. Poverty Guidlines Services will be provided only to those persons at or below 125% of poverty guidelines as follows: 2008 HHS Poverty Guidelines ____ V _______ - ;Poverty Level far Persons ~ 48 Contiguous 125% of in Family or Household ~ States and D.C. ~ Poverty ~~ _~___ 1 _ '~ ~ $10,400 ~( $13,000 -___. r---- - 2 - ~ 14,000 17,500 3 j 17,600 22,000 ~ 4 ~ 21,200 26,500 f.______/_____~ _ V..V.. _____W__.__._ 5 24,800 31,000 6 28,400 35,500 ! 7 -~ ~~; 32,000 ~ 40,000 g 35,600 ~ 44,500 'For each additional 3,600 ~ 4,500 i person, add ~ , SOURCE: Federal Register, Vol. 73, No. 15, January 23, 2008, pp 3971-3972 2. DEFINITIONS: Page 1 of 3 - Exhibit B -Statement of Work 2.1. List specialized terms used m the SOW, if any: Tripartite Board refers to the requirement by the CSBG Act of 1998, §676B that grantees receiving funds have a board comprised of: 1/3 elected public officials or their representatives, 1/3 low-income individuals or their representatives, and 1/3 members of business, industry, labor, religious, law enforcement, education or other major group of interest in the community served. 2.2. List abbreviations used in the SOW, if any: NONE 3. DELIVERABLES: 3.1. Grantee shall submit the following reports to the Department using the state-provided forms: Report Period Report Type Due Date March through June Financial Status July 31, 2008 July through September Financial Status October 31, 2008 October through December Financial Status January 31, 2009 January through February Financial Status March 31, 2009 March through August (six month) Program September 30, 2008 Final Report Program March 31, 2009 3.2. Insert any other deliverables as applicable to this grant. NONE. 4. PERSONNEL: 4.1. Key Personnel 4.1.l.Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of Jennie Wahrer, an employee or agent of Grantee, who is hereby designated as the responsible administrator of this project. 4.1.2.Other Key Personnel: Rita Wood, Eagle County Department of Health and Human Services is the designated financial contact person. 4.1.3.Replacement. Grantee shall immediately notify the Department if any key personnel cease to serve. Provided there is a good-faith reason for the change, if Grantee wishes to replace its key personnel, it shall notify the Department and seek its approval, which shall be at the Department's sole discretion, as the Department issued this Grant in part reliance on Grantee's representations regarding Key Personnel. Such notice shall specify why the change is necessary, who the proposed replacement is, what their qualifications are, and when the change will take effect. Anytime key personnel cease to serve, the Department, in its sole discretion, may direct Grantee to suspend work on the Project until such time as their replacements are approved. All notices sent under this subsection shall be sent in accordance with § 18 of the Grant. 4.2. Level of Expertise: Not Applicable 5. TESTING AND ACCEPTANCE CRITERIA:. The Department shall evaluate this Project through review of Grantee submitted financial and program reports. The Department may also conduct on-site monitoring to determine whether the Grantee met the performance goals, administrative standards, financial management and other requirements of the CSBG Act and this Grant. The Department will inform grantee in advance of such monitoring. 6. PAYMENT: 6.1. Payment Schedule: Grantee shall submit a request for payment, at a minimum, quarterly. All requests shall be for eligible expenses, as described in detail in § 1 of this Exhibit, using the state-provided form and accompanied by supporting documentation equal to 100% of reimbursement request. 6.2. Remittance Address. If mailed, payments shall be remitted to the following address unless changed in accordance with § 18 of the Grant: Ea le County Page 2 of 3 - Exhibit B -Statement of Work De artment of Health and Human Services 501 Broadway P.O. Box 660 Ea le, CO 81631 7. ADMINISTRATIVE REQUIREMENTS: Only Subsections 7.1, 7.2, 7.4 and 7.5 of the sections listed below are applicable to this Grant. 7.1. Grantee is expected to maintain records in accordance with § 11 of the Grant. 7.2. The tripartite board is to meet a minimum of twice annually with minutes of each meeting provided to the Department within 30 days of the board meeting. 7.3. The grantee shall monitor subgrantees, if any, at least once during the term of this grant agreement. Documentation of monitoring results will be forwarded to the Department. 7.4. Attendance at webinars and trainings conducted by the state to enhance the administration of the CSBG program is required. Grantee will be notified of all such training at least 30 days in advance . 7.5. The grantee shall inform the Department no later than January 31, 2009 of the status of the grant and of any potential of carryover funds. 7.6. The grantee shall inform the Department no later than 30 days prior to the Termination Date of the status of the Grant Funds and any potential unexpended balance. 7.7. Insert other requirements as applicable to this grant. NONE. 8. PROJECT BUDGET: Pro'ect Activities Total Pro'ect Costs Payments made in accordance with eligible expenses as outlined in § 1 of this Exhibit. No other ex enses are eligible. $40,852.00 TOTAL $40,852.00 Page 3 of 2 - Exhibit B -Statement of Work • . FORM 1 AFFIDAVIT OF LEGAL RESIDENCY I, `~`~~~~ r+-<--c-~-t ,swear or affirm under penalty of perjury under the laws of the State of Colo ado that (check one): ^ I am a United States citizen, or ^ I am a Permanent Resident of the United States, or ^ I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit or I am a sole proprietor entering into a contract or purchase order with the State of Colorado. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit or prior to entering into a contract with the State. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under CRS § 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. ~~~ Signature Date Page 1 of 1 -Form 1 -Affidavit of Legal Residency