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HomeMy WebLinkAboutC12-171 CSBG Final Grant Agreement j f CSBG15 EAGLE COUNTY GRANT AGREEMENT Between STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS And EAGLE COUNTY Summary Form of Financial Assistance: ® Grant ['Loan Award Amount: $42,428.00 Agreement Identification: Contract Encumbrance #: L12CSBG15 (DOLA's primary contract identification #) Contract Management System #: (State of Colorado's contract tracking #) Project Information: Project/Award Number: CSBG 15 Project Name: EAGLE COUNTY Performance Period: Start Date: 03/01/2012 End Date: 09/30/2015 Brief Description of Project / EAGLE COUNTY will carry out services and/or assistance to low income Assistance: families and individuals Program & Funding Information: Program Name Community Services Block Grant Catalog of Federal Domestic Assistance (CFDA) Number (if federal funds): 93.569 Funding Account Codes: 100 LEBO 102 5120 C215 5102 Page 1 of 18 Form Revised 03/2012 GI2 t I t r CSBG15 EAGLE COUNTY TABLE OF CONTENTS 1. PARTIE$ 2 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 2 3. RECITALS 3 4. DEFINITIONS 3 5. TERM 4 6. STATEMENT OF PROJECT 4 7. PAYMEIMITS TO GRANTEE 5 8. REPORTING - NOTIFICATION 6 9. GRANTEE RECORDS 7 10. CONFI ENTIAL INFORMATION -STATE RECORDS 7 11. CONF CTS OF INTEREST 8 12. REPRE ENTATIONS AND WARRANTIES 8 13. INSU NCE 9 14. BREA 10 15. REME IES 10 16. NOTIC S and REPRESENTATIVES 12 17. RIGHT$ IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE 12 18. GOVERNMENTAL IMMUNITY 13 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM 13 20. RESTRICTION ON PUBLIC BENEFITS 13 21. GENERAL PROVISIONS 13 COLORADO SPECIAL PROVISIONS 16 SIGNATURE PAGE 18 EXHIBIT — APPLICABLE LAWS EXHIBIT — STATEMENT OF PROJECT EXHIBIT — BUDGET EXHIBIT Li — SUPPLEMENTAL PROVISIONS FOR FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006 (FFATA) FORM 1 — gESIDENCY DECLARATION FORM 2 — OPTION LETTER 1. PARTI *S This grant agreement (hereinafter called "Grant ") is entered into by and between EAGLE COUNTY (hereinafter called "Grantee "), and the STATE OF COLORADO acting by and through the Department of Local Affairs for the benefit of the Division of Local Government (hereinafter called the "State" or "DOLA "). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Grant', shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designed (hereinafter called the "Effective Date "). The State shall not be liable to pay or reimburse Grantee for any perFormance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision reof prior to (see checked option(s) below): A. 111 he Effective Date. B. 111 e later to occur of the Effective Date or the date of a separate letter issued by DOLA ( "Release of Funds Letter ") notifying Grantee of the completion of a satisfactory environmental review and authorizing Grantee to obligate or use Grant Funds. C. ® The Effective Date; provided, however, that all Project costs, if specifically authorized by the funding authority, incurred on or after March 1, 2012, may be submitted for reimbursement as if incurred after the Effe tive Date. D. ❑ i sert date for authorized Pre - agreement Costs (as such term is defined in §4). Such costs may be sub fitted for reimbursement as if incurred after the Effective Date. Page 2 of 18 CSBG15 EAGLE COUNTY E. ❑ The Effective Date; provided, however, that the costs identified in the checked subsections below may be submitted for reimbursement as if incurred after the Effective Date (see checked suboption(s) below): i. ❑ All Project costs, if specifically authorized by the funding authority, incurred on or after insert federal grant's effective date; and ii. ❑ Pre -award costs for insert purpose, if any, incurred on or after insert starting date allowed under the federal award for pre - award costs. F. ❑ The Effective Date; provided however, that all or some of the costs or expenses incurred by Grantee prior to the Effective Date which have been or will be paid with non - federal and/or non -State funds may be included as a part of Grantee's non - federal match requirement, set forth herein and in Exhibit B, Statement of Project, if such costs or expenses are properly documented as eligible expenses in accordance with insert reference to proper documentation. 3. RECITALS A. Authority, Appropriation, And Approval Authority to enter into this Grant exists in CRS §24 -32 -106 and funds have been budgeted, appropriated and otherwise made available pursuant to CRS §24 -32 -106 and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The purpose of this Grant is described in Exhibit B. D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Evaluation "Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in §6 and Exhibit B. B. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: i. Exhibit A (Applicable Laws) ii. Exhibit B (Statement of Project) iii. Exhibit C (Budget) iv. Exhibit D (Supplemental Provisions for Federal Funding Accountability and Transparency Act) v. Form 1 (form of Residency Declaration) vi. Form 2 (form of Option Letter) C. Goods "Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. D. Grant "Grant" means this grant agreement, its terms and conditions, attached exhibits, documents incorporated by reference pursuant to the terms of this grant, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. E. Grant Funds "Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant. F. Party or Parties "Party" means the State or Grantee and "Parties" means both the State and Grantee. Page 3 of 18 CSBG15 EAGLE COUNTY G. Pre - agreement costs "Pre - agreement costs ", when applicable, means the costs incurred on or after the date as specified in §2 above, and prior to the Effective Date of this, Grant. Such costs shall have been detailed in Grantee's grant application and specifically authorized by the State and incorporated herein pursuant to Exhibit B. H. Project "Project" means the assistance or services provided by Grantee from the list of federal objective(s) for the Comrtrunity Services Block Grant ( "CSBG ") program, which includes employment, education, income management, housing, emergency services, linkages, self - sufficiency, health and nutrition, and is further described in Exhibit B. I. Budget "Budget" means the budget on Exhibit C for the Work described in Exhibit B. J. Program " Program" means the grant program specified on the first page of this Grant that provides the funding for this Grant. K. Program Year "Program Year" means the period beginning on March 1 and ending on September 30 of the following year; however, for Grant Funds being carried forward from a previous grant agreement between the State and Grantee, the Program Year shall be the period beginning when such Grant Funds are encumbered under this Grant and ending on September 30 of 2012, which shall be called "Program Year 0 ". Grant Funds for a Program Year which remain unexpended will expire at the end of such Program Year and no longer be available. L. Review "Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6 and Exhibit B. M. Services "Services" means the required services to be performed by Grantee pursuant to this Grant. N. Subgrantee "Subgrantee" means third - parties, if any, engaged by Grantee to aid in performance of its obligations. O. Work "Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibits B and C, including the performance of the Services and delivery of the Goods. P. Work Product "Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to, softwi}re, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM A. Initifll Term -Work Commencement Unless otherwise permitted in §2 above, the Parties respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on September 30, 2015 unless sooner terminated or further extended as specified elsewhere herein. B. Two Month Extension The Slate, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement Grant (and not merely seeking a term extension) at or near the end of any initial term or any extension thereof. The provisions of this Grant in effect when such notice is given, including, but not limited to prices, rates, and delivery requirements, shall remain in effect during the two month extension. The two - month extension shall immediately terminate when and if a replacement Grant is approved and signed by the Colorado State Controller. 6. STATEMENT OF PROJECT A. CoMpletion Page 4of18 P CSBG15 EAGLE COUNTY Grantee shall complete the Work and its other obligations as described herein and in Exhibits B and C on or before September 30, 2015, unless sooner terminated or further extended as specified elsewhere herein. Except as expressly permitted in this Grant, the State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees Al persons Grantee's pe so s employed by Grantee or Subgrantees shall be considered Grantee s or Subgrantees' l employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Option Letter /Maximum Amount The maximum amount payable under this Grant to Grantee by the State for Work performed is limited solely to the amount specified below as Grant Funds, and only up to the unpaid obligated balance of Grant Funds that have not expired. Grantee agrees to provide any additional funds required for the successful completion of the Work. Program Years: Grant Funds* Option Letter Amounts ** Year 1 — 3/1/12 through 9/30/13 $42,428.00 Option Years: Year 0 — 3/1/11 through 9/30/12 $ * ** Year 2 — 3/1/13 through 9/30/14 $ Year 3 — 3/1/14 through 9/30/15 $ * Grant Funds for a Program Year which remain unexpended will expire at the end of such Program Year and will no longer be available. Grant Funds for any Program Year may be increased by Option Letter as specified under Footnote ** below. * *Option Letter amounts are estimated prior to the Effective Date of the Grant, are subject to adjustment and encumbrance by Option Letter as follows: i. Upon State's receipt of funding levels from the federal government for a Program Year (each "Funding Level "), the State will give Grantee written notice of such Funding Level within 15 calendar days of State's receipt of such notice. The Parties acknowledge that a Funding Level may: 1) be new funding for a Program Year that may increase or a decrease the estimated Option Letter amount; or 2) increase already encumbered Grant Funds for such Program Year. ii. Grantee shall submit to the State a Project Budget for the applicable Program Year within 30 calendar days of Grantee's receipt of the State's notice (each a "Budget Proposal "). Each Budget Proposal shall constitute an offer from the Grantee for providing Services pursuant to the Budget Proposal up to the amount of unpaid obligated Grant Funds that have not expired. iii. Upon State's receipt of the Budget Proposal, and if the State accepts the Budget Proposal, State shall prepare and unilaterally execute an Option Letter in a form substantially equivalent to Form 2, which shall for the Program Year: include the Budget Proposal as an attachment; adjust the Option Letter amounts to the amount received from the federal government; and encumber the Option Letter amount as Grant Funds for the applicable Program Year. If exercised, the provisions of the Option Letter shall become part of and be incorporated into this Grant. Page 5 of 18 CSBG15 E GLE COUNTY * * *T e Option Letter amount for Program Year 0, if any, will not be known until the previous grant agree ent between the State and Grantee containing such funds is closed out. Such Option Letter amounts are s bject to encumbrance under this Grant by Option Letter as specified under Footnote ** above. B. Pay ent i.A vance, Interim and Final Payments y advance payment allowed under this Grant or in Exhibit B shall comply with State Fiscal Rules nd be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii. Interest The State shall not pay interest on Grantee invoices. The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted by the State. iii. Available Funds - Contingency Termination The State is prohibited by law from making fiscal commitments beyond the term of the State's current fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are Used with this Grant in whole or in part, the State's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not fully appropriated, or otherwise become unavailable for this Grant, the State may immediately terminate this Grant in whole or in part to the extent of funding reduction without further liability in accordance with the provisions herein. iv. Erroneous Payments At the State's sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other Grants, grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the §tate. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit B. 8. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. A. Perllormance, Progress, Personnel, and Funds Grantee shall submit a report to the State upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In additipn, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit B. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State's principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of DOLA. C. Noncompliance Grantee's failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. D. Sub$rants Page 6 of 18 CSBG15 EAGLE COUNTY Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the "Record Retention Period ") until the last to occur of the following: (i) a period of five years after the date this Grant is completed or terminated, or final payment is made hereunder, whichever is later, or (ii) for such further period as may be necessary to resolve any pending matters, or (iii) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved. B. Inspection Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period for a period of five years following termination of this Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or inequity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on -site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee's performance hereunder. D. Final Audit Report Grantee shall provide a copy of its audit report(s) to DOLA as specified in Exhibit B. 10. CONFIDENTIAL INFORMATION - STATE RECORDS Grantee shall comply with the provisions on this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records, and information concerning individuals. A. Confidentiality Grantee shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State's principal representative. Except as otherwise provided in this Grant, Grantee shall keep all patient and offender information confidential. B. Notification Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, Page 7 of 18 t , 1 CSBG1 5 EAGLE COUNTY and shall provide each with a written explanation of such requirements before they are permitted to access such i}ecords and information. C. Use Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure- Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. Grantee shall, to the extent permitted by law, indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs,! incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to this §10. E. Health Portability and Insurance Portability and Accountability Act of 1996 (HIPAA) DOLA is not a covered entity under HIPAA for purposes of this Grant. If the Grantee is a covered entity under HIPAA, it shall comply with the requirements of HIPAA, and in all instances shall comply with all other federal and state laws protecting the confidentiality of patient information. 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that with respe t to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's rior written approval, Grantee shall refrain from any practices, activities or relationships that reasonabl appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a conflict or ppearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest ex ts, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's co ideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Leg *l Authority — Grantee and Grantee's Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by -laws, and /or applicable laws to exercise that authority, and to lawfully autho 'ze its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter into t is Grant within 15 days of receiving such request. C. Lic ses, Permits, Etc. Gran e represents and warrants that as of the Effective Date it has, and that at all times during the term hereo it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authoiization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all nedessary licenses, certifications, approvals, insurance, permits, and other authorizations required to prope#ly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Addit onally, all employees and agents of Grantee performing Services under this Grant shall hold all requir d licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or oth r foreign entity transacting business in the State of Colorado, further warrants that it currently has obtai d and shall maintain any applicable certificate of authority to transact business in the State of Page 8of18 f CSBG15 EAGLE COUNTY Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non - renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13. INSURANCE Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., as amended (the "GIA "), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self - insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each subgrant with Subgrantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Subgrantee's liabilities under the GIA. ii. Non - Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to Subgrantees that are not "public entities ". B. Grantees and Subgrantees Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: i. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Grantee and Subgrantee employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (a)$1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability Insurance policies (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of Grantee and Subgrantees shall be primary over any insurance or self - insurance program carried by Grantee or the State. 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 Grantee shall forward such notice to the State in accordance with §16 (Notices and Representatives) within seven days of Grantee's receipt of such notice. vii.Subrogation Waiver Page 9 of 18 CSBG15 E GLE COUNTY 1 1 insurance policies in any way related to this Grant and secured and maintained by Grantee or its bgrantees as required herein shall include clauses stating that each carrier shall waive all rights of r covery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, ganizations, officers, agents, employees, and volunteers. viii Malpractice/Professional Liability Insurance This section ❑ shall 1 ® shall not apply to this Grant. Grantee and Subgrantees shall maintain in full force and effect a Professional Liability Insurance Policy in the minimum amount of $1,000,000 per occurrence and $3,000,000 in the aggregate, written oin an occurrence form, that provides coverage for its work undertaken pursuant to this Grant. If a policy written on an occurrence form is not commercially available, the claims -made policy shall remain in effect for the duration of this Grant and for at least two years beyond the completion and acceptance of the work under this Grant, or, alternatively, a two year extended reporting period must be purchased. The Grantee named in this Grant shall be responsible for all claims, damages, losses or eXpenses, including attorney's fees, arising out of or resulting from the Grantee's performance of professional services under the Grant. C. Certificates Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the expir4tion date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREA H A. De f' ed In ad ition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similajr law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall 1so constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES If Grantee s in breach under any provision of this Grant or if the State terminates this Grant pursuant to §15(B), the State s all have the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant ollowing the notice and cure period set forth in §14(B), if applicable. The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and /or Breach If Gratrtee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non - performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non - performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Page l0 of 18 CSBG15 EAGLE COUNTY Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subgrants /subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or subgrants /subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State's property. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out -of- pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination Page 11 of 18 CSBG15 EAGLE COUNTY The State, at its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: 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 State without entitling Grantee to an adjustment in price /cost or plerformance schedule. Grantee shall promptly cease performance and incurring costs in accordance With the State's directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and completed. iii. Deny Payment Reny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of Grantee's employees, agents, or Subgrantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest. v. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right While performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non - infringing products or modify them so that they become non - infringing; or, (0) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard -copy notice, notice also may be sent by e -mail to the e -mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Tony Hernandez Division of Local Government Colorado Department of Local Affairs 1313 Sherman Street, room 521 Denver, CO 80203 Email: tony.hernandez@state.co.us B. Grantee: Peter Runyon, Chairman BOCC Eagle County PO Box 660 Eagle, CO 81631 peter.runyon@eaglecounty.us 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE This section ❑ shall ® shall not apply to this Grant. Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered Page 12 of 18 CSBG15 EAGLE COUNTY to the State by Grantee upon completion or termination hereof. The State's exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Grantee's obligations hereunder without the prior written consent of the State. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the GIA. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the GIA and the risk management statutes, CRS §24 -30 -1501, et seq., as amended. 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24- 102 -205, §24- 102 -206, §24- 103 -601, §24- 103.5 -101 and §24- 105 -102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Contract Management System. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24- 103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Local Affairs, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24- 105- 102(6)), or (b) under CRS §24- 105- 102(6), exercising the debarment protest and appeal rights provided in CRS § §24- 109 -106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause. 20. RESTRICTION ON PUBLIC BENEFITS This section ® shall ❑ shall not apply to this Grant. Grantee must confirm that any individual natural person 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 applicant to: A. Produce an identification document in accordance with §2.1.1 through §2.1.3 of Colorado Department of Revenue's Rule #1 CCR 201 -17, Rule for Evidence of Lawful Presence, as amended. B. Execute an affidavit herein attached as Form 1, Residency Declaration, stating i. That he or she is a United States citizen or legal permanent resident; or ii. That he or she is otherwise lawfully present in the United States pursuant to federal law. [The following applies if Grant is funded with federal funds] . Notwithstanding the foregoing, to the extent that there is any conflict with the provisions above or those set forth in the Residency Declaration attached hereto as Form 1 and any provision of federal law, the provisions of federal law shall prevail. 21. GENERAL PROVISIONS Page 13 of 18 ■ CSBG15 EAGLE COUNTY A. Assignment and Subgrants Gran e's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted witholzt the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such Consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B. Binding Effect Except as otherwise provided in §21(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and a<, signs. C. Captions The cAptions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entijre Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indeknnific ation- General Grantee shall, to the extent permitted by law, 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, agent$, Subgrantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the GIA or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. List', of Selected Applicable Laws At all times during the performance of this Grant, Grantee 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. Grantee also shall require compliance with such laws and regulations by Subgrantees under subgrants permitted by this Grant. I. Modification i. liy the Parties Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless 1 a eed to in writing by the Parties in an amendment hereto, properly executed and approved in a cordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller licies, including, but not limited to, the policy entitled MODIFICATION OF CONTRACTS - OLS AND FORMS. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. J. Order of Precedence The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those Page 14 of 18 CSBG15 EAGLE COUNTY provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Exhibit D Supplemental Provisions for Federal Funding Accountability and Transparency Act, ii. Colorado Special Provisions, iii. The provisions of the main body of this Grant, iv. Exhibit A (Applicable Laws), v. Exhibit B (Statement of Project), and vi. Exhibit C (Budget). K. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. L. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. M. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84- 730123K) and from all State and local government sales and use taxes under CRS § §39 -26 -101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. N. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. O. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. P. CORA Disclosure To the extent not prohibited by federal law, this Grant and the performance measures and standards under CRS §24- 103.5 -101, if any, are subject to public release through the Colorado Open Records Act, CRS §24 -72 -101, et seq. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 15 of 18 ■ CSBG15 E GLE COUNTY COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Grants except where noted in italics. 1. CON ROLLER'S APPROVAL. CRS §24 -30 -202 (1). This ant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUN AVAILABILITY. CRS §24 - 30 - 202(5.5). Finan obligations of the State payable after the current fiscal year are contingent upon funds for that purposje being appropriated, budgeted, and otherwise made available. 3. GOV1RNMENTAL 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. 4. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Granted and its employees and agents are not entitled to unemployment insurance or workers compensation benefit through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. rantee shall not have authorization, express or implied, to bind the State to any agreement, liability or and rstanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' compe sation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereo when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents 5. COM LIANCE WITH LAW. Granteee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or herea r established, including, without limitation, laws applicable to discrimination and unfair emplo ment practices. 6. CHOI E 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. 7. BINDING ARBITRATION PROHIBITED. The Sttite 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. 8. SOF*ARE PIRACY PROHIBITION. Governor's Executive Order D 00200. State of 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. GranteO 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 ■ CSBG15 EAGLE COUNTY 9. EMPLOYEE FINANCIAL INTEREST. CRS § §24 -18 -201 and 24 -50 -507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. 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. 10. VENDOR OFFSET. CRS § §24 - 30 - 202 (1) and 24 - 30 - 202.4. [Not applicable to intergovernmental agreements] Subject to CRS §24 -30 -202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. PUBLIC GRANTS FOR SERVICES. CRS §8 17.5 - 101. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental Agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Grant and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E -Verify Program or the State program established pursuant to CRS §8- 17.5- 102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E- Verify Program or State program procedures to undertake pre- employment screening of job applicants while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the Subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5- 102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. 12. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24 76.5 - 101. Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification required by CRS §24- 76.5 -103 prior to the Effective Date of this Grant. SPs Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 17 of 18 CSBG15 EAGLE COUNTY SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Perso4s 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 EAGLE COUNTY STATE OF COLORADO John W. Hickenlooper, GOVERNOR DEPARTMENT OF LOCAL AFFAIRS By: ,100 - ; ) 1101\ ,/ Name of Autho ed Individual Title: 11 t P 'A iA WAA By: 0 fficial Title of A, rized Individual Reeves Brown, Executive Director '• .4 Date: ,r *Sig .r Date: `a t it iv PRE- APPROVED FORM CONTRACT REVIEWER By: Becky Calomino, Federal Grants Program Manager Date: ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24 -$0 -202 requires the State Controller to approve all State grants. This Grant is not valid until signed and dated beloly by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee beins 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. f STATE CONTROLLER David J. McDermott, CPA By: Barbara M. Casey, CPA, Controller Delegate Date: Page 18of18 CSBG15 EAGLE COUNTY FORM 1 RESIDENCY DECLARATION In order to be eligible to receive the assistance you seek, you, as an applicant must be lawfully within the United States. Please read this Declaration carefully. Please feel free to consult with an immigration lawyer or other expert of your choosing. I, , swear or affirm under penalty of perjury that (check one): n I am a United States citizen, or ❑ I am a non - citizen national of the United States, or n I have an immigration status that makes me a "qualified alien ". I hereby agree to provide any documentation which may be required pursuant to Federal law, Interim Guidelines published by the United States Department of Justice (62 FR 61344) or, if applicable, Colorado laws and regulations, if the Colorado laws are not inconsistent with Federal law. I acknowledge that making a false, fictitious, or fraudulent statement or representation in this Declaration is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statues § 18 -8 -503 and shall constitute a separate criminal offense each time a public benefit is fraudulently received. Name (please print) Signature Date Page 1 of 1 — Residency Declaration CSBG15 EAGLE COUNTY FORM 2 OPTION LETTER, Number To GRANT AGREEMENT Between STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS And Insert Grantee's Full Legal Name (Capitalized) Summary Form of Financial Assistance: ❑ Grant 111 Loan This Option Letter Amount: Revised Total Award Amount: Agreement Identification: Contract Encumbrance #: (DOLA's primary contract identification #) Contract Management System #: (State, of Colorado's contract tracking #for this Original Grant's CMS #: option letter and for the original grant agreement) Project Information: Project/Award Number: Project Naine: Performance Period: Start Date: End Date: Brief Description of Change(s) in this Option Letter: Program & Funding Information Program Name Catalog of Federal Domestic Assistance (CFDA) Number (if federal funds): Funding Account Codes: Page 1 of 3 — Option Letter 0 CSBG15 EAGLE COUNTY FORM 2 Date: 1) OPTIONS: a. Option to accept Budget Proposal. (Use for all options) b. Option to adjust Option Letter amounts to the Funding Level amount from the federal government and encumber Grant Funds for a Program Year. c. Option to increase Grant Funds for a Program Year to the Funding Level amount from the federal government for such Program Year. 2) REQUIRED PROVISIONS. a. For use with all Options: In accordance with Section 7(A) of the original grant agreement ( "Grant ") between the State of Colorado, Department of Local Affairs, and Contractor's Name, the State hereby exercises its option to approve the attached Budget Proposal for Program Year No. from 3/1/ through 9/30/ , which is attached hereto as Exhibit and incorporated by reference herein (the "Budget Proposal "). b. For use with Option 1(b): In accordance with Section 7(A) of the Grant, the State hereby exercises its option to ❑ increase, ❑ decrease the Option Letter amount of for Program Year No from 3/1/ through 9/30/ and to encumber such funds, which shall be Grant Funds under the Grant.' The table in Section 7(A) is hereby modified accordingly. c. For use with Option 1(c): In accordance with Section 7(A) of the Grant, the State hereby exercises its option to increase Grant Funds by for Program Year No from 3/1/ through 9/30/ for a new Grant Funds total of for such Program Year The table in Section 7(A) is hereby modified accordingly. d. For use with all Options: The aggregate maximum amount of Grant Funds in the Grant is hereby ❑ increased, ❑ decreased to a new Grant Funds value of $Insert New $ Amt as consideration for Work ordered under the Grant. The State's obligation is limited to the unpaid obligated Grant Funds amount that has not expired. 3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or whichever is later. STATE OF COLORADO John W. Hickenlooper, GOVERNOR PRE- APPROVED FORM CONTRACT REVIEWER DEPARTMENT OF LOCAL AFFAIRS By: By: Reeves Brown, Executive Director Becky Calomino, Federal Grants Program Manager Date: Date: ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State grants. This Option Letter 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: Page 2 of 3 — Option Letter � 1 CSBG15 EAGLE COUNTY FORM 2 Barbara M. Casey, CPA, Controller Delegate Date: Page 3 of 3 — Option Letter Economic Services HEALTH & HUMAN SERVICES Children and Family Services (970) 328-8840 Public Health and Aging Services FAX: (855) 455 - 8828 Finance and Operations www.eaglecounty.us EAGLE COUNTY` COLORADO Memorandum To: Rachel Oys, HHS Executive Director Rosie Moreno, CSBG Administrator From: Peter Runyon, Chairman Eagle County Board of County Commissioners CC: Sherri Almond, Director Children & Family Services Date: May 8, 2012 Re: Signature authority for Community Services Block Grant (CSBG) Reports As Chairman of the Eagle County Board of County Commissioners, I hereby authorize Rosie Moreno as the Responsible Administrator for the CSBG grant and /or Rachel Oys as the Executive Director of Health and Human Services, to sign quarterly progress and financial reports for the CSBG program on behalf of Eagle County. .fik S(il1 -- - -.. . n, BoCC irperson Date Old Courthouse Building, 551 Broadway, P.O. Box 660, Eagle, Colorado 81631 -0660 �'