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Home My WebLink AboutC09-344 HHS case management and trainingCSBG: #L1AC5$GlSR EAGLE. COUNT'S Catalog of Federal Domestic Assistance (CFDA) #: 93.710 Contract Routing # Encumbrance # L10CSBG15R Account Code(s): ARG l0A LECO C91F SIOA 5120 $71,200.00 STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS AMERICAN RECOVERY AND REINVESTMENT ACT COMMUNITY SERVICES BLOCK GRANT AGREEMENT with EAGLE COUNTY TABLE OF CONTENTS 1. PARTIES ............................................................................................................................................................................. . 2 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ................................................................................................ . 2 3. RECITALS .......................................................................................................................................................................... . 2 4. DEFINITIONS .................................................................................................................................................................... . 2 5. TERM and EARLY TERMINATION ................................................................................................................................ . 3 6. STATEMENT of PROJECT ............................................................................................................................................... . 3 7. MATCHING FUNDS ......................................................................................................................................................... . 3 8. GRANTEE FINANCIAL MANAGEMENT ...................................................................................................................... . 3 9. PAYMENTS TO GRANTEE .............................................................................................................................................. . 4 10. REPORTING AND NOTIFICATION .............................................................................................................................. . 5 11. GRANTEE RECORDS ..................................................................................................................................................... . 5 12. CONFIDENTIAL INFORMATION-STATE RECORDS ................................................................................................ . 6 13. CONFLICT OF INTEREST .............................................................................................................................................. . 6 14. REPRESENTATIONS AND WARRANTIES ................................................................................................................. . 7 15. INSURANCE .................................................................................................................................................................... . 8 16. DEFAULT-BREACH ....................................................................................................................................................... . 9 17. REMEDIES ....................................................................................................................................................................... . 9 18. NOTICES and REPRESENTATIVES ............................................................................................................................. 11 19. GOVERNMENTAL IMMUNITY ................................................................................................................................... 11 20. LEGAL RESIDENT ......................................................................................................................................................... 12 21. SOLE SOURCE GOVERNMENT CONTRACTS, AS DEFINED IN COLORADO CONSTITUTION ARTICLE XXVIII ................................................................................................................................................................................... 12 22. STATEWIDE CONTRACT MANAGEMENT SYSTEM .............................................................................................. 13 23. GENERAL PROVISIONS ............................................................................................................................................... 13 24. COLORADO SPECIAL PROVISIONS .......................................................................................................................... 16 25. SIGNATURE PAGE ........................................................................................................................................................ 18 EXHIBIT A -APPLICABLE LAWS ..................................................................................................................................... . 1 EXHIBIT B -STATEMENT OF PROJECT (SOP) ............................................................................................................... . 1 EXHIBIT C -TERMS AND CONDITIONS FOR AMERICAN RECOVERY AND REINVESTMENT ACT FUNDED CONTRACT ........................................................................................................................................................................... . 1 FORM 1 -AFFIDAVIT OF LEGAL RESIDENCY .............................................................................................................. . 1 Page 1 of 18 V~~~ Form Revised: 06/2009 2 t!~ 1. PARTIES THIS GRAI~IT 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 benetit of the Division of Local Government ("DLG"). 2. EFFECTIVE DATE AND NOTICE OF NONL[AB[LITY. 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-B by checking the box next to selected option) A. Option ^ The Effective Date. B. Option ® The Effective Date; provided, however, that all Project costs, if specifically authorized by the funding authority, incurred on or after July 1, 2009, 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 and to complete the Project described in Exhibit B. 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 in rural and urban areas 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. B. Exhibits and Other Attachments Exhibit means the following are attached hereto and incorporated by reference herein: Exhibit A (Applicable Law), Exhibit B (Statement of Project), Exhibit C (Terms and Conditions for ARRA Funded Contract), and Form 1 (Affidavit of Residency). C. Goods Goods means any physical item produced or manufactured and acquired by Grantee either separately or in conjunction with the Services rendered hereunder that are required by the provisions hereof. D. Grant Funds Grant Funds means the American Recovery and Reinvestment Act, Community Services Block Grant 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 Project sections hereof. E. Party or Parties Party or Parties means one or both of the Department and Grantee. F. Program Program means the federal or state funding for this Grant. Page 2 of 18 G. Project Project means the Project described in the Recitals and Exhibit B. H. Project Budget Project Budget means the Project Budget described in Exhibit B. I. Services Services means services performed or tangible material produced or delivered in completing the Project and in performance of Grantee's other obligations hereunder. J.Termination Date Termination Date means the date this Grant terminates as described in §5(A) below. K. 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 July 1, 2009, and terminate on September 30, 2010, 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 Exhibit B. Performance of this Grant shall commence as soon as practicable after the Effective Date. 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 if the Parties are negotiating a replacement contract (and not merely seeking a term extension) at or near the end of any initial term or an extension thereof. 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 the Modification subsection of the General Provisions below. C. Early Termination This Grant is subject to early termination in accordance with the general remedies provisions of §17 below and as specifically otherwise provided for herein. 6. STATEMENT of PROJECT Grantee shall complete the Project and perform its other obligations as described herein and in Exhibit B. Grantee shall prosecute its obligations hereunder and in Exhibit B 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. 7. MATCHING FUNDS A. Amount Grantee shall provide matching funds as provided in Exhibit B. 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, 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 Page 3 of 18 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; or b) an amendment in accordance with the Modification subsection of the General Provisions below. ii. ^ May adjust individual budget line amounts without the Department's approval if: a) there are no transfers to or between administration budget lines; and b) the cumulative budgetary line item changes do not exceed the lesser of fifteen 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 $71.200.00, as determined by the Department from available funds. The Department shall reimburse Grantee for costs approved in the Grant budget, set forth in Exhibit B. 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 below. i. Method and Time Grantee periodically shall submit invoices to the Department in the form and manner set forth in Exhibit B, 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 this Grant shall be received by the Department within 30 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 written EFT instructions to the Department on a form acceptable to the Department, or c) via the U.S. Postal Service or other delivery service to the address specified by Grantee in the remittance address section of Exhibit B. iii. Erroneous Payments, Unexpended and Excess Funds Grantee shall refund payments made by the State in error for any reason, including, but not limited to overpayments or improper payments, within 15 days of discovering or receiving notice of such error. Any funds paid to Grantee hereunder not expended in connection with this Grant by the termination date shall be refunded by Grantee within 15 days of such date. Any funds not required to complete Grantee's obligations hereunder shall be de-obligated by the State. If Grantee receives funds hereunder during any fiscal year in excess of its spending limit for such fiscal year, Grantee shall refund all excess funds to the State within 15 days of the later of of discovering or receiving notice of such excess. Erroneous, unexpended, and excess funds received by Grantee under this Grant shall not be refunded or paid to any party other than the State Page 4 of 18 iv. Available Funds-Contingency-Termination The Department is prohibited by law from making fiscal commitments beyond the term of the State's current tscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State appropriations as provided in §2 of the Colorado Special Provisions, set forth below. [f federal funds are used with 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. C. Additional Funds Grantee shall provide any additional or matching funds necessary to perform its obligations in accordance with the budget in Exhibit B. D. Remedies If state or federal funds are not appropriated, or otherwise become unavailable to fund this Grant, the State may immediately terminate the Grant in whole or in part without further liability in accordance with §17(B) below. If additional funds under §9(C) are unavailable in whole or part, the State may, in its sole discretion, reduce its total funding commitment hereunder in proportion to the reduction in additional funds. If Grantee fails to refund payments as set forth in §9(B)(iii) above, the State may offset the amount not returned against any other unpaid funds the State owes Grantee under any other grant, agreement, 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 Exhibit B. 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. 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 below. 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 ftles, 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. t1na1 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 Page 5 of 18 times and places during the term of this Grant, including any extension. The provisions §14(E), §16, and/or §17 below shall apply if the project performance does not conform to Grant requirements. 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. 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 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 in 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 Page 6 of 18 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. 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. 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. The provisions §14(E), §16, and/or §17 below shall apply if Grantee's performance does not conform to Grant requirements. 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 during the term hereof it 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 Page 7 of 18 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 certities 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) below. E. Breach 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 retlect 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 in 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 [f 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 Subcontractors 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 of sub-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 O1 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. Page 8 of 18 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 [nsured 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 or non-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 Colorado Special Provisions below, 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. 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, 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 Page 9 of 18 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 of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the Department may notify Grantee of such non-performance in accordance with the §16 above and §18 below. If Grantee thereafter fails to promptly cure such non-performance within the cure period, the Department, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the 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. All 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 pay 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. iii. Damages and Withholding Notwithstanding any other remedial action by the Department, Grantee also shall remain liable to the Department for any damages sustained by the Departrrlent 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. i. Method and Content The Department shall notify Grantee of the termination in accordance with §16 above and §18 below, 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. Page 10 of 18 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 for satisfactory performance up to the date of termination less payments previously made. 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. Withhold 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 a-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. Department• B. Grantee: Tony Hernandez, Director, Division of Local Government Colorado Department of Local Affairs 1313 Sherman St., #521 Denver, CO 80203 Email: tony.hernandez@state.co.us Kathleen M. Lyons, Economic Services Manager Eagle County Health and Human Services P.O. Box 660 Eagle , CO 81631 Email: Kathleen.lyons@eaglecounty.us 19. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS 24-10-101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, Page 11 of 18 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 oneJ ®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. SOLE SOURCE GOVERNMENT CONTRACTS, AS DEFINED IN COLORADO CONSTITUTION ARTICLE XXVIII. [This provision applies only to sole source government contracts and does not apply to contract between governmental entities or any contract which used a public and competitive bidding process in which the State agency or institution of higher education solicited at least three bids prior to awarding the contractJ. Contractor certifies, warrants, and agrees that it has complied and will comply with Colorado Constitution Article XXVIII, including but not necessarily limited to the following prohibitions and obligations: A. If during the term of the contract, contractor holds sole source government contracts with the State of Colorado and any of its political subdivisions cumulatively totaling more than $100,000 in a calendar year, then for the duration of this contract and for two years after, contractor will not make, cause to be made, or induce by any means a contribution, directly or indirectly, on behalf of contractor or contractor's immediate family member(s) for the benefit of any political party or for the benefit of any candidate any elected office of the State or any of its political subdivisions; and B. Contractor represents that contractor has not previously made or caused to be made, and will not in the future make or cause to be made, any contribution intended to promote or influence the result of a ballot issue election related to the subject matter of this contract; and C. Contractor will satisfy contractor's obligations to promptly report to the Colorado Department of Personnel & Administration information included in the Government Contract Summary and the Contract Holder Information, regarding this contract and any other sole source government contracts to which contractor is a party; and D. Contractor understands that any breach of this section or of Contractor's responsibilities under Colorado Constitution Article XXVIII may result in either contractual or constitutionally mandated penalties and remedies; and E. A Contractor that intentionally violates Colorado Constitution Article XXVIII, Section 15 or 17(2), shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions for three years; and F. By execution of this contract, Contractor hereby confirms it is qualified and eligible under such provisions to enter into this contract. For purposes of this clause, the term "contractor" shall include persons that control ten percent or more shares or interest in contractor, as well as contractor's officers, directors, and trustees. The term "immediate family member" shall include a spouse, child, spouse's child, son-in-law, daughter-in-law, parent, sibling, grandparent, grandchild, stepbrother, stepsister, stepparent, parent-in-law, brother-in-law, sister-in-law, aunt, niece, nephew, guardian, or domestic partner. Page 12 of 18 22. STATEWIDE CONTRACT MANAGEMENT SYSTEM [This section shall apply when the maximum amount payable in ~9(A) is $100,000 or higher) By entering into this Grant, the Grantee agrees to be governed, and to abide, by the provisions of CRS §24- 102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. The Grantee's performance shall be evaluated in accordance with the terms and conditions of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation of the Grantee's performance shall be part of the normal contract administration process and the Grantee's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Grant. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Grant term. The Grantee shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation determine that the Grantee demonstrated a gross failure to meet the performance measures established under the Statement of Project, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the DOLA, and showing of good cause, may debar the Grantee and prohibit the Grantee from bidding on future contracts. The Grantee may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)); or (ii) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of the Grantee, by the Executive Director, upon showing of good cause. 23. GENERAL PROVISIONS A. Assignment Except as otherwise specifically provided in Exhibit B, Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted, without the prior, written consent of the State. Any attempt at assignment, transfer, subcontracting without such consent shall be void. All assignments, 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. B. Binding Effect .Unless 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. C. Captions The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Agreement may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous addition, deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein. F. Federal Funding-List of Selected Applicable Laws Page 13 of 18 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 sub-contractors under sub-contracts permitted by this Grant. G. Indemnification i. Intergovernmental Grants If this is an intergovernmental Grant, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. ?671 et seq., as applicable, as now or hereafter amended. ii. Non-Intergovernmental Grants 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. H. Jurisdiction and Venue All suits, actions, or proceedings related to this Agreement 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. I. Modification i. By the Parties Except as specifically provided in this Agreement, modifications of this Agreement shall not 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. ii. By Operation of Law This Agreement is subject to such modifications as maybe 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 Agreement on the effective date of such change, as if fully set forth herein. J.Order of Precedence The provisions of this Agreement shall govern the relationship of the State and Grantee. In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions ii. Exhibit C, Terms and Conditions for American Recovery and Reinvestment Act iii. The provisions of the main body of this Grant Agreement iv. Exhibit A, Applicable Laws v. Exhibit B, Statement of Project, K. Severability Provided this Agreement can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. L. Survival of Certain Agreement Terms Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. M. Third Party Beneficiaries Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. N. Waiver Page 14 of 18 Waiver of any breach of a term, provision, or requirement of this Agreement or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page I S of 18 24. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all State contracts except where noted in italics. A. I. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. 2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. 3. GOVERNMENTAL IMMUNITY. No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. D. 4. INDEPENDENT CONTRACTOR. Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be 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. E. 5. COMPLIANCE WITH LAW. Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Grant or incorporated herein by reference shall be null and void. H. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. Page 16 of 18 L 9. EMPLOYEE EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24- 18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. J. l0.VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [NotApplieable to Intergovernmental Grants/ 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, ct seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. 11. PUBLIC 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/ Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Grant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5- 102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a contract with a subcontractor that fails to certify to Grantee that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E-Verify Program or Department program procedures to undertake pre- employment screening of job applicants while this Grant is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Grantee has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Grant, (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 Grantee participates in the Department program, Grantee shall deliver to the contracting State agency, institution of higher education or political subdivision a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and comply with all of the other requirements of the Department program. If Grantee 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 Grant for breach and, if so terminated, Grantee shall be liable for damages. L. 12.PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this Grant. Revised 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 17 of 18 25. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS GRANT Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE STATE OF COLORADO EAGLE COUNTY Bill Ritter, Jr., GOVERNOR DEPARTMENT OF LOCAL AFFAIRS By: Name of Authorized Individual By: Susan E. Kirkpatrick, Executive Director Title: Official Title of Authorized Individual Date: ~ ~ n ~ Signature i1 / `~ Date: ~~(.,z _~~r~C.t~~ /~L_.. :~G~ ~~ / pRE_APPROVED FORM CONTRACT REVIEWER 1f By: Lucia Smead, Federal Grants Program Manager Date: ALL GRANTS REQUIRE APPROVAL by the STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: Rose Marie Auten, Controller Delegate Date• Page 18 of 18 CSBG: #L.IQCSBGISR EAGLE COUNT EXHIBIT A -APPLICABLE LAWS 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, 2 C.F.R. 225, (OMB Circular A-87); 11.2. Cost Principals for Education Institutions, 2 C.F.R. 220, (OMB Circular A-21); 11.3. Cost Principals for Non-Profit Organizations, 2 C.F.R. 230, (OMB Circular A-122), and 11.4. Audits of States, Local Governments, and Non-Profit Organizations (OMB Circular A-133); and/or the Colorado Local Government Audit Law, 29-1-601, et seq, C.R.S., and State implementing rules and regulations. 12. Prohibition Against use of Federal Funds for Lobbying, 31 U.S.C. 1352 13. Privacy Act of 1974, 5 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; I5.5. 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. Intergovernmental Review of Department of Health and Human Services Programs and Activities, 45 CFR Part 100. 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. Programs and activities under the CSBG 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 1 of 1 - Exhibit A -Applicable Laws CSBG: #Ll OCSBG 15R :EAGLE. COUNTY` EXHIBIT B -STATEMENT OF PROJECT (SOP) American Recovery and Reinvestment Act (Recovery Act) of 2009 I. GENERAL DESCRIPTION OF THE PROJECT 1.1. Project Description and Eligible Expenses Eagle County will assist qualified adults achieve self-sufficiency by securing employment or upgrading skills in order to progress in their careers through emergency services offered through the Department of Health and Human Services and subcontracting with Colorado Mountain College and the Colorado Workforce Center for hands-on job training activities. Case management services will be provided for all clients covered by the Workforce Investment Act (WIA) funding. The services provided will be skill assessments, transferable skills evaluation and short and long term vocational guidance and planning. The Colorado Mountain College (CMC) will provide a range of responsive, employment related workshops, training and activities, including resume writing, interview skills, construction management, computer skills, hospitality, and sales. Eagle County Health and Human Services will provide emergency assistance for working families with children to cover the costs of housing, transportation, food, and childcare. Copies of receipts or invoices for job readiness workshops, books, transportation expense, work clothes, tuition assistance at CMC, rent or mortgage payments, food, childcare tuition, and testing materials for CWFC 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 sixteen national indicators. Eagle County shall provide services meeting the following Federal Objectives: Employment and Emergency Services; National Indicators: 1.2, 2.3, 2.4, 3.1, 3.2, 4.1, 5.1, and 6.2; and National Goals: 1, 2, 3, 4, 5, and 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 Modification subsection of the General Provisions of the Grant. 1.3. Poverty Guidlines Services will be provided only to those persons at or below 200% of poverty guidelines as follows: The 2009 Poverty Guidelines for the 48 Contiguous States and the District of Columbia Persons in Famil Pover Guideline 200 % of Povert 1 $10,830 $21,660 2 $14,570 $29,140 3 $18,310 $36,620 4 $22,050 $44,100 5 $25, 790 $51, 580 6 $29,530 $59,060 7 $33,270 $66,540 8 $37,010 $74,020 2. DEFINITIONS 2.1. List specialized terminologies used in the SOP: NONE 2.2. List abbreviations used in the SOP: NONE 3. PERSONNEL Page 1 of 3 - Exhibit B -Statement of Project 3.1. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of Kathleen Lam, an employee or agent of Grantee, who is hereby designated as the responsible administrator of this project. 3.2. Other Key Personnel: NONE 3.3. 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. PAYMENT 4.1. Payment Schedule: Grantee shall submit a request for payment to the State, at a minimum, monthly, no later than the 20`h day of the following month. All requests shall be for eligible expenses, as described in detail in §1 above, using the state-provided form and accompanied by supporting documentation equal to 100% of reimbursement request. 4.2. Remittance Address. If mailed, payments shall be remitted to the following address unless changed in accordance with §18 of the Grant: Eagle County P.O. Box 660 Ea le, CO 81631 5. ADMINISTRATIVE REQUIREMENTS 5.1. Reporting. 5.1.1.Financial Status and Program Reports. Grantee shall submit the following reports to the Department using the state-provided forms: Re ort Period Re art T e Due Date Jul throu h Se tember Financial Status October 5, 2009 October throu h December Financial Status Janu 5, 2010 Janua throu h March Financial Status Aril 5, 2010 A ril throu h June Financial Status Jul 5, 2010 April through June Final Financial Status October 5, 2010 Jul throu h Se tember Pro ram Status October 5, 2009 October throu h December Pro ram Status Janu 5, 2010 Janua throu h March Pro ram Status Aril 5, 2010 A ril throu h June Pro am Status Jul 5, 2010 April through June Final Program Status October 5, 2010 Julyl, 2009 through September 30, 2010 End of the Grant Financial and Pro ram Re ort October 31, 2010 5.1.2.Unexpended Balance. 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. 5.2. Monitoring. The Department shall evaluate this Project through review of Grantee submitted reports. The Department shall conduct on-site monitoring to determine whether the Grantee met the Page 2 of 3 - Exhibit B -Statement of Project performance goals, administrative standards, financial management and other requirements of the CSBG Act and this Grant. 5.3. Records. Grantee is expected to maintain records in accordance with §11 of the Grant. 5.4. Subgrantee Monitoring. Grantee shall monitor subgrantees, if any, at least once during the term of this Grant. Documentation of monitoring results will be forwarded to the Department. 6. PROJECT BUDGET Project Activities Total Pro~ect Costs Payments made in accordance with eligible expenses as outlined in § 1 of this Exhibit. No other ex eases are eli ible. $71,200.00 TOTAL $71,200.00 Page 3 of 3 - Exhibit B -Statement of Project EXHIBIT C -TERMS AND CONDITIONS FOR AMERICAN RECOVERY AND REINVESTMENT ACT FUNDED CONTRACT L Authority. The requirements listed in this exhibit contain basic requirement that Grantee should be familiar with, but are not intended to be comprehensive. Grantee shall consult with the ARRA and implementing regulations for completeness. The requirements are primarily from the federal statutes, regulations and OMB guidance identified below. (a) American Recovery and Reinvestment Act of 2009 (Public Law 1 l I-5) (b) M-09-10 Initial Implementing Guidance for the American Recovery and Reinvestment Act of 2009 http://www.whitehouse.gov/omb/assets/memoranda_fy2009/m0910.pdf (c) Bulletin No.09-OZ Budget Execution of the American Recovery and Reinvestment Act of 2009 Appropriations http://www.whitehouse.gov/omb/assets bulletins/b09-02.pdf (d) OMB Circular No. A-133 Single Audit Compliance Supplement http://www.whitehouse.gov/omb/circulars a133 compliance_09toc/ (e) M-09-IS Updated Implementing Guidance for the American Recovery and Reinvestment Act of 2009 http://www.whitehouse.gov/omb/assets/memoranda_fy2009/m09-15.pdf (f) M-09-18 Payments to State Grantees for Administrative Costs of Recovery Act Activities http://www.whitehouse.gov/omb/assets/memoranda_fy2009/m09-18.pdf (g) Addendum to the Single Audit Compliance Supplement -American Recovery and Reinvestment Act http://www.whitehouse.gov/omb/circular a133 compliance_09toc/ (h) Award Terms for Assistance Agreements that include funds under the American Recovery And Reinvestment Act of 2009 (2 CFR Part 176) (i) Federal Funding Accountability and Transparency Act of 2006, as amended (Public Law 109-282) 2. Definition. For the purpose of this exhibit, the terms "Contractor" and "Recipient" shall have the same meaning as the term "Grantee" that is used through out this Grant Agreement. 3. Conflicting Requirements Where ARRA requirements conflict with existing state requirements, ARRA requirements control. 4. Sub-Recipients Requirements Contractor shall include these terms, including this requirement, in any of its subcontracts or subgrants in connection with projects funded in whole or in part with funds available under the American Recovery and Reinvestment Act of 2009. 5. Modification By Operation of Law 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 Agreement on the effective date of such change, as if fully set forth herein. 6. Reporting & Registration Requirements (Section 1512) Grantee shall be responsible to ensure compliance with all ARRA reporting requirements including the completeness, accuracy, and timeliness of such reports. The State will issue a separate guidance on the reporting mechanism Grantee shall use to transmit the required data elements to the State and the federal government. Requirements include but are not limited to: (a) General. This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 ("Recovery Act") and to report on use of Recovery Act funds provided Page 1 of 8 - Exhibit C -Terms and Conditions for ARRA Funded Contract through this award. Information from these reports will be made available to the public. (b) Reporting. The recipient shall report the information described in section 1512(c) using the reporting instructions and data elements that will be provided online at www.FederalReporting.gov and ensure that any information that is pre-filled is corrected or updated as needed. (c) Due Date. The reports are due no later than five calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. At its discretion, the State may extend the reporting deadline to allow Grantee more time once ARRA reporting mechanism is finalized and the State determines that it can meet the rigorous federal reporting schedule. (d) Registration. Recipients and their tirst-tier recipients must maintain current registrations in the Central Contractor Registration (www.ccr.gov) at alt times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. (e) In addition to all other reporting requirements, recipient shall report the names and total compensation of the five most highly compensated officers if it received (a) 80% or more of its annual gross revenues in Federal awards; and (b) X25 million or more in annual gross revenue from Federal awards. Grantee's failure to meet the reporting requirements shall constitute an "Event of Default". Upon the occurrence of an Event of Default, the State may terminate this contract upon 30 days prior written notice if the default remains uncured within five calendar days following the last day of the calendar quarter, in addition to any other remedy available to the State in law or equity. All such non-compliance may be made available to the public. 7. Buy American Requirement (Section 1605) [. For Construction, Alteration, Maintenance, or Repair of a Public Building or Public Work that does not involve iron, steel, and/or manufactured goods covered under international agreements: (a) Definitions. As used in this award term and condition- "Manufactured good" means a good brought to the construction site for incorporation into the building or work that has been-- (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. "Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi-State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) Domestic preference. (1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this term and condition. (2) This requirement does not apply to the material listed by the Federal Government as follows: None (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this term and condition if the Federal government determines that- (i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; Page 2 of 8 - Exhibit C -Terms and Conditions for ARRA Funded Contract (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (c) Request for determination of inapplicability of Section 1605 of the Recovery Act. (1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this term and condition shall include adequate information for Federal Government evaluation of the request, including- (A) Adescription of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) of this term and condition. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this term and condition. (iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. (d) Data. To permit evaluation of requests under paragraph (b) of this term and condition based on unreasonable cost, the Recipient shall include the following information and any applicable supporting data based on the survey of suppliers: FOREIGN AND DOMESTIC ITEMS COST COMPARISON Description Unit of Measure Quantity Cost (Dollars)* Item I: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: Page 3 of 8 - Exhibit C -Terms and Conditions for ARRA Funded Contract Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good [List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.) [Include other applicable supporting information.] [* Include all delivery costs to the construction site.J [I. For Construction, Alteration, Maintenance, Or Repair Of A Public Building Or Public Work That Involves Iron, Steel, And/Or Manufactured Goods Materials Covered Under International Agreements: (a) Definitions. As used in this award term and condition- "Designated country" -- (1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom; (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or (3) A United States-European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom. "Designated country iron, steel, and/or manufactured goods" -- (1) Is wholly the growth, product, or manufacture of a designated country; or (2) In the case of a manufactured good that consist in whole or in part of materials from another country, has been substantially transformed in a designated country into a new and different manufactured good distinct from the materials from which it was transformed. "Domestic iron, steel, and/or manufactured good" -- (1) Is wholly the growth, product, or manufacture of the United States; or (2) In the case of a manufactured good that consists in whole or in part of materials from another country, has been substantially transformed in the United States into a new and different manufactured good distinct from the materials from which it was transformed. There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the United States. "Foreign iron, steel, and/or manufactured good" means iron, steel and/or manufactured good that is not domestic or designated country iron, steel, and/or manufactured good. "Manufactured good" means a good brought to the construction'site for incorporation into the building or work that has been-- (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. "Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi-State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) Iron, steel, and manufactured goods. Page 4 of 8 - Exhibit C -Terms and Conditions for ARRA Funded Contract (1) This award term and condition implements (i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and (ii) Section 1605(d), which requires application of the Buy American requirement in a manner consistent with U.S. obligations under international agreements. The restrictions of section 1605 of the Recovery Act do not apply to designated country iron, steel, and/or manufactured goods. The Buy American requirement in section 1605 shall not be applied where the iron, steel or manufactured goods used in the project are from a Party to an international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods and services. This obligation shall only apply to projects with an estimated value of $7,443,000 or more. (2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in performing the work funded in whole or part with this award, except as provided in paragraphs (b)(3) and (b)(4) of this term and condition. (3) The requirement in paragraph (b)(2) of this term and condition does not apply to the iron, steel, and manufactured goods listed by the Federal Government as follows: None (4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this award term and condition if the Federal government determines that- (i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the overall cost of the project by more than 25 percent; (ii) The iron, steel, and/or manufactured goods is not produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act. (1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph(b)(4) of this term and condition shall include adequate information for Federal Government evaluation of the request, including- (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(4) of this term and condition. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this term and condition. (iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a Page 5 of 8 - Exhibit C -Terms and Conditions for ARRA Funded Contract project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods.. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to the section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel, and/or manufactured goods is noncompliant with the applicable Act. (d) Data. To permit evaluation of requests under paragraph (b) of this term and condition based on unreasonable cost, the applicant shall include the following information and any applicable supporting data based on the survey of suppliers. FOREIGN AND DOMESTIC ITEMS COST COMPARISON Description Unit of Measure Quantity Cost (Dollars)* Item 1: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good [List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site.] 8. False Claims Act The Contractor shall promptly refer to an appropriate federal inspector general any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor or other person has committed a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. 9. Fixed Price -Competitively Bid Contractor, to the maximum extent possible, shall award any subcontracts funded, in whole or in part, with ARRA funds as fixed-price contracts through the use of competitive procedures. 10. Funding of Programs The Contractor acknowledges that the programs supported with temporary federal funds made available by the American Recovery and Reinvestment Act of 2009, will not be continued with state financed appropriations once the temporary federal funds are expended. Page 6 of 8 - Exhibit C -Terms and Conditions for ARRA Funded Contract l 1. Job Opportunity Posting Requirements Contractor shall post notice ofjob opportunities created in connection with activities funded in whole or in part with ARRA tends in the Connecting Colorado Job Site, http://www.connectingcolorado.com/. 12. Compliance with National Environmental Policy Act [n accordance with ARRA § 1609, the contractors/grantees and sub-contractors/sub-grantees must comply with any applicable environmental impact requirements of the National Environmental Policy Act of 1970, (NEPA). 13. Non-Discrimination The Contractor shall comply with Title VI and Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and other civil rights laws applicable to recipients of Federal financial assistance. 14. Publication All contracts resulting from the ARRA will be published on the State of Colorado's Recovery Web site, www.colorado. gov/recovery. Contractor shall include the Colorado Recovery logo on all signage or other publications in connection with the activities funded by the State of Colorado through funds made available by the American Recovery and Reinvestment Act of 2009. 15. Inspection & Audit of Records The Contractor shall permit the United States Comptroller General or his representative or the appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1998 or his representative (L) to examine any records that directly pertain to, and involve transactions relating to, this contract; and (2) to interview any officer or employee of the Contractor or any of its subcontractors/subgrantees regarding the activities funded with funds appropriated or otherwise de available by the ARRA. 16. Single Audit (a) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Recovery Act) as required by Congress and in accordance with 2 CFR 215, subpart _. 21 "Uniform Administrative Requirements for Grants and Agreements" and OMB A-102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. (b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-133. This shall be accomplished by identifying expenditures for Federal awards made under Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA--" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC. (c) Recipients agree to separately identify to each sub-recipient, and document at the time of sub-award and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to sub-recipients shall distinguish the sub-awards of incremental Recovery Act funds from regular sub-awards under the existing program. (d) Recipients agree to require their sub-recipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor sub-recipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office. 17. Internal Control /Fraud Prevention Page 7 of 8 - Exhibit C -Terms and Conditions for ARRA Funded Contract Paee 8 of 8 - Exhibit C -Terms and Conditions for ARRA Funded Contract ~ ~v ~ U~~~ °~~ ' ~~ r ~'~ TERM SHEET y ~~ ~~ 1) Requested hearing date: August 4, 2009 OR August 18, 2009 ~ i~ ~' ~~ 2) For County Manager signature: No 3) Requesting deuartment: HHS/Economic Services 4) Title: State of Colorado Department of Local Affairs American Recovery and Reinvestment Act Community Services Block Grant Agreement with Eagle County 5) Check one: Consent: X On the Record: 1 %-- 6) Staff submitting: Kathleen Lyons, x8841 7) Purpose: Eagle County has been awarded $71,200 of American Reinvestment and Recovery Act Community Service Block Grant funding based on the RFP approved by BoCC on June 2, 2009 and submitted to DOLA on June 15, 2009. This Agreement finalizes the grant and allows Eagle County to draw down these funds for the services outlined in the RFP. Eagle County's proposal which has been approved by the Colorado Department of Local Affairs designates these funds to be used as follows: - $41,200 to provide employment case management and training services through contracts with Colorado Workforce Center and Colorado Mountain College to increase job readiness and job skills and re-train those who are unemployed or underemployed. - $15,000 to provide tuition assistance to working families for child care and after school or summer programs for children up to age 15 in order to maintain their employment. - $15,000 to provide financial assistance for working or newly employed individuals for emergent needs related to shelter and transportation so that they can maintain their employment 8) Schedule: The period for these funds is July 1, 2009 through September 30, 2010. 9) Financial considerations: This grant award is for a total of $71,200. No county match is required, the money is drawn down on a reimbursement basis, and no administrative funding is included. Funds not spent by 9/30/2010 will be lost. Monthly and quarterly reporting on financial and program information is required. 10) Other: ~.E~EIVE~ ,~,, P,PPRO~'ED ORM 'JUL ~ 8 2009 __ ; "" '~--1-- ey: Eagle bounty Attorney's Office EAGLE COUNTY ATTORNEY By:_~~~i~ G~ut~ty Curff~nl~~l~n~rg' ®ffiee