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HomeMy WebLinkAboutC16-092 Community Development Block GrantCDBG 16-602 -- Eagle County BLF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ECONOMIC DEVELOPMENT GRANT AGREEMENT Between STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS And EAGLE COUNTY Summary Award Amount: 5580.000.00 Identification ##s: Encumbrance #: F 16CDB 16602 (DOL4 's prima?y identification #) Contract Management System #: 87837 (State of Colorado's tracking #) Proiect Information: Project/Award Number: Project Name: Performance Period: Brief Description of Project r Assistance: CDBG 16-602 Eagle County BLF Start Date: !% (o End Date: 03131118 The Proiect is to provide Communitv Development Block Grant Funds for the purpose of Recapitalization of an existing Business Loan Fund for job creation, retention or expansion. This Proiect is elisible under Section 105(a)(15) economic development. Program & Funding Information: Program Name Community Development Block Grant (CDBG) Funding source: Federal Funds Catalog of Federal Domestic Assistance (CFDA) Number (if federal funds): 14.228 Funding Account Codes: Page 1 of 20 CDBG 16-602 — Eagle County BLF TABLE OF CONTENTS 1. PARTIES.............................................................................................................................................................................. 2 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY................................................................................................. 2 3. RECITALS........................................................................................................................................................................... 3 4. DEFINITIONS..................................................................................................................................................................... 3 5. TERM................................................................................................................................................................................... 4 6. STATEMENT OF PROJECT.............................................................................................................................................. 4 7. MATCHING FUNDS.......................................................................................................................................................... 4 8. GRANTEE FINANCIAL MANAGEMENT....................................................................................................................... 5 9. PAYMENTS TO GRANTEE............................................................................................................................................... 5 10. REPORTING - NOTIFICATION...................................................................................................................................... 6 11. GRANTEE RECORDS...................................................................................................................................................... 6 12. CONFIDENTIAL INFORMATION -STATE RECORDS................................................................................................. 7 13. CONFLICTS OF INTEREST............................................................................................................................................ 7 14. REPRESENTATIONS AND WARRANTIES.................................................................................................................. 8 15. INSURANCE..................................................................................................................................................................... 8 16. BREACH.......................................................................................................................................................................... 11 17. REMEDIES...................................................................................................................................................................... 11 18. NOTICES and REPRESENTATIVES............................................................................................................................. 14 19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE........................................................................ 14 20. GOVERNMENTAL IMMUNITY................................................................................................................................... 14 21. STATEWIDE CONTRACT MANAGEMENT SYSTEM.............................................................................................. 14 22. RESTRICTION ON PUBLIC BENEFITS....................................................................................................................... 15 23. GENERAL PROVISIONS............................................................................................................................................... 15 24. COLORADO SPECIAL PROVISIONS.......................................................................................................................... 18 SIGNATUREPAGE.............................................................................................................................................................. 20 EXHIBIT A — APPLICABLE LAWS EXHIBIT B — SCOPE OF PROJECT EXHIBIT C — SUPPLEMENTAL PROVISIONS FOR FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006 (FFATA) EXHIBIT D — Reserved. EXHIBIT E — Reserved. EXHIBIT F — Reserved. EXHIBIT G — Reserved. EXHIBIT H — MAXIMUM INCOME LIMITS FORM 1 — Reserved. FORM 2 — FFATA Data Report Form 1. PARTIES This 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 designee (hereinafter called the "Effective Date"). Except as provided in §9(B)(v), the State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to (see checked option(s) below): A. ® The Effective Date. B. ❑ The Effective Date; provided, however, that all Project costs, if specifically authorized by the federal funding authority, incurred on or after March 1, 20XX, may be submitted for reimbursement as if incurred after the Effective Date. Page 2 of 20 CDBG 16-602 — Eagle County BLF 3. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in C.R.S. 24-32-106 and funds have been budgeted, appropriated and otherwise made available 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. Budget "Budget" means the budget for the Project and/or Work described in 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 (Scope of Project) iii. Exhibit C (Supplemental Provisions for Federal Funding Accountability and Transparency Act of 2006 (FFATA)) iv. Exhibit H (Maximum Income Limits) V. Form 2 — FFATA Data Report Form 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 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. G. Project "Project" means the overall project described in Exhibit B, which includes the Work. H. Program "Program" means the grant program specified on the first page of this Grant that provides the funding for this Grant. I. Services "Services" means the required services to be performed by Grantee pursuant to this Grant. J. Subcontractor "Subcontractor" means third -parties, if any, engaged by Grantee to carry out specific vendor related services. Page 3 of 20 CDBG 16-602 — Eagle County BLF K. Subgrantee "Subgrantee" means third -parties, if any, engaged by Grantee to aid in performance of its obligations. Subgrantee is bound by the same overall programmatic and grant requirements as Grantee. L. Work "Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit B, including the performance of the Services and delivery of the Goods. M. Work Product "Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM A. Initial Term -Work Commencement Unless otherwise permitted in §2 above, the Parties' respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on March 31, 2018 unless sooner terminated or further extended as specified elsewhere herein. B. Two Month Extension The State, at its sole discretion upon written notice to Grantee as provided in §18, 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 Grantee shall complete the Work and its other obligations as described herein and in Exhibit B. Except as specified in §2 above, the State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed by Grantee or Subgrantees shall be considered Grantee's or Subgrantees' employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. 7. 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. Page 4 of 20 CDBG 16-602 — Eagle County BLF 8. GRANTEE FINANCIAL MANAGEMENT A. Accounts Grantee shall maintain properly segregated accounts of Grant funds, matching funds, and other funds associated with the Project and make those records available to the Department on request. All receipts and expenditures associated with the Project shall be documented in a detailed and specific manner, in accordance with the Project Budget set forth in Exhibit B. B. Project Budget Line Item Adjustments Regarding budget lines within the Project Budget, Grantee may not adjust individual budget line amounts without approval of the Department. Such approval shall be in the form of- i. fi. a notice issued by the Department in accordance with §18 below; or ii. an amendment in accordance with §23(J) below. 9. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $580,000.00 (FIVE HUNDRED EIGHTY THOUSAND and XX/100 DOLLARS), as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit B. B. Payment i. Advance, Interim and Final Payments Any payment allowed under this Grant or in Exhibit B shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii. Interest The State shall 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 or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. v. Retroactive Payments The State shall pay Grantee for costs or expenses incurred or performance by the Grantee prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules and regulations applicable to the Work provide for such retroactive payments to the Grantee. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance with the Page 5 of 20 CDBG 16-602 — Eagle County BLF provisions of this Grant or such Exhibit. Grantee shall initiate any payment request by submitting invoices to the State in the form and manner set forth and approved by the State. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit B. 10. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §10 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §21, if applicable. A. Performance, Progress, Personnel, and Funds State shall submit a report to the Grantee 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 addition, 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 §10 may result in the delay of payment of funds and/or termination as provided under this Grant. D. Subgrants/Subcontracts Copies of any and all subgrants and subcontracts 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 and subcontracts 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. 11. 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 (if Grant Funds include federal funds) 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 Page 6 of 20 CDBG 16-602 — Eagle County BLF remedies available under this Grant, at law or in equity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government (if Grant Funds include federal funds), 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. 12. CONFIDENTIAL INFORMATION -STATE RECORDS Grantee shall comply with the provisions of this §12 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 comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third parry 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 tenant, 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, and shall provide each with a written explanation of such requirements before they are permitted to access such records 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 §12. E. Health 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. 13. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the Page 7 of 20 CDBG 16-602 — Eagle County BLF State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Grant. 14. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority — Grantee and Grantee's Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits, etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non -renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 15. 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 §15(B) with respect to Subgrantees that are not "public entities". B. Grantees, Subgrantees and Subcontractors Grantee shall require each subgrant with Subgrantees and each contract with Subcontractors, 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: Page 8 of 20 CDBG 16-602 — Eagle County BLF i. Workers' Compensation Workers' Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Grantee, Subgrantee and 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 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. Malpractice/Professional Liability Insurance This section ❑ shall I ® shall not apply to this Grant. Grantee, Subgrantees and Subcontractors shall maintain in full force and effect a Professional Liability Insurance Policy in the minimum amount of $1,000,000 per occurrence and $1,000,000 in the aggregate, written on 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, Subgrantee or Subcontractor shall be responsible for all claims, damages, losses or expenses, including attorney's fees, arising out of or resulting from such party's performance of professional services under this Grant, a subcontract or subgrant. v. Umbrella Liability Insurance For construction projects exceeding $10,000,000, Grantee, Subgrantees and Subcontractors shall maintain umbrella/excess liability insurance on an occurrence basis in excess of the underlying insurance described in §15B(i)-(iv) above. Coverage shall follow the terms of the underlying insurance, included the additional insured and waiver of subrogation provisions. The amounts of insurance required in subsections above may be satisfied by the Grantee, Subgrantee and Subcontractor purchasing coverage for the limits specified or by any combination of underlying and umbrella limits, so long as the total amount of insurance is not less than the limits specified in each section previously mentioned. The insurance shall have a minimum amount of $5,000,000 per occurrence and $5,000,000 in the aggregate. A. Property Insurance This subsection shall apply if Grant Funds are provided for the acquisition, construction, or rehabilitation of real property. Insurance on the buildings and other improvements now existing or hereafter erected on the premises and on the fixtures and personal property included in the Subject Property against loss by fire, other hazards covered by the so called "all risk" form of policy and such other perils as State shall from time to time require with respect to properties of the nature and in the geographical area of the Subject Property, and to be in an amount at least equal to the replacement cost value of the Subject Property. Grantor will at its sole cost and expense, from time to time and at any time, at the request of State provide State with evidence satisfactory to State of the replacement cost of the Subject Property. vii.Flood Insurance If the Subject Property or any part thereof is at any time located in a designated official flood hazard area, flood insurance insuring the buildings and improvements now existing or hereafter erected on the Subject Property and the personal property used in the operation thereof in an amount equal to the lesser of the amount required for property insurance identified in §vi above or the maximum limit of coverage made available with respect to such buildings and improvements and personal property under applicable federal laws and the regulations issued thereunder. Page 9 of 20 CDBG 16-602 — Eagle County BLF viii. Builder's Risk Insurance This subsection shall apply if Grant Funds are provided for construction or rehabilitation of real property. Grantee, Subgrantee and/or Subcontractor shall purchase and maintain property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial construction/rehabilitation costs, plus value of subsequent modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the property owner has an insurable interest in the property. a) The insurance shall include interests of the property owner, Grantee, Subgrantee, Subcontractors in the Project as named insureds. b) All associated deductibles shall be the responsibility of the Grantee, Subcontractor and Subgrantee. Such policy may have a deductible clause but not to exceed $10,000. c) Property insurance shall be on an "all risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Grantee's, Subgrantee's and Subcontractor's services and expenses required as a result of such insured loss. d) Builders Risk coverage shall include partial use by Grantee and/or property owner. e) The amount of such insurance shall be increased to include the cost of any additional work to be done on the Project, or materials or equipment to be incorporated in the Project, under other independent contracts let or to be let. In such event, Subgrantee and Subcontractor shall be reimbursed for this cost as his or her share of the insurance in the same ratio as the ratio of the insurance represented by such independent contracts let or to be let to the total insurance carried. ix. Pollution Liability Insurance This subsection shall apply if Grant Funds are provided for the construction or rehabilitation of real property. If Grantee and/or its Subgrantee or Subcontractor is providing directly or indirectly work with pollution/environmental hazards, they must provide or cause those conducting the work to provide Pollution Liability Insurance coverage. Pollution Liability policy must include contractual liability coverage. The policy limits shall be in the amount of $1,000,000 with maximum deductible of $25,000 to be paid by the Grantee's Subcontractor and/or Subgrantee. C. Miscellaneous Insurance Provisions Certificates of Insurance and/or insurance policies required under this Grant shall be subject to the following stipulations and additional requirements: i. Deductible. Any and all deductibles or self-insured retentions contained in any Insurance policy shall be assumed by and at the sole risk of the Grantee, its Subgrantees or Subcontractors, ii. In Force. If any of the said policies shall fail at any time to meet the requirements of the Grant as to form or substance, or if a company issuing any such policy shall be or at any time cease to be approved by the Division of Insurance of the State of Colorado, or be or cease to be in compliance with any stricter requirements of the Grant, the Grantee, its Subgrantee and its Subcontractor shall promptly obtain a new policy. iii. Insurer. All requisite insurance shall be obtained from financially responsible insurance companies, authorized to do business in the State of Colorado and acceptable to Grantee, Page 10 of 20 CDBG 16-602 — Eagle County BLF iv. Additional Insured Grantee and the State shall be named as additional insureds on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of Grantee, Subgrantees and Subcontractors 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 §18 (Notices and Representatives) within seven days of Grantee's receipt of such notice. vii.Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Subgrantees and 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. D. Certificates Grantee, Subgrantee and Subcontractor shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant or of their respective subcontract or subgrant. No later than 15 days prior to the expiration date of any such coverage, Grantee, Subgrantee and Subcontractor 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, subgrant or subcontract, Grantee, Subgrantee and Subcontractor shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §15. 16. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §18. 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 §17. 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. 17. REMEDIES If Grantee is in breach under any provision of this Grant or if the State terminates this Grant pursuant to §17(B), the State shall have the remedies listed in this §17 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §16(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 Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non-performance within the cure period, the State, at its option, may terminate this Page 11 of 20 CDBG 16-602 — Eagle County BLF entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and 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. 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. 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 §17(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §18. 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 §17(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this §17(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. Termination for No Substantial Progress in the Work The State may elect to terminate this Grant upon receipt and review of any Quarterly Progress Report, submitted per the time periods defined in Exhibit E —Project Performance Plan, if such Quarterly Progress Page 12 of 20 CDBG 16-602 — Eagle County BLF Report fails to evidence Substantial Progress in the Work as directed, defined and expected under Exhibit B. Further, the State may elect to terminate this Grant if the Grantee fails to complete Project Close Out within three months of completion of the Work. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. 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. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. 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. D. Remedies Not Involving Termination 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 performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. 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, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. Page 13 of 20 CDBG 16-602 — Eagle County BLF 18. 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: B. Grantee: Chantal Unfug, Division Director Division of Local Government Colorado Department of Local Affairs 1313 Sherman Street, Room 521 Denver, Colorado 80203 Email: chantal.unfug@state.co.us Kathy Chandler -Henry, Chair, Board of County Commissioners Eagle County P. O. Box 850 Eagle, Colorado 81631 Email: eagleadmin@eaglecounty.us 19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE This section ❑ shall I ® 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 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. 20. 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. 21. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is greater than $100,000 either on the Effective Date or at anytime thereafter, this §21 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 Page 14 of 20 CDBG 16-602 — Eagle County BLF 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 receiving future grants and bidding on future contracts. 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. 22. RESTRICTION ON PUBLIC BENEFITS This section ❑ shall I ® 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. 23. GENERAL PROVISIONS A. Assignment and Subgrants Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or subcontracts approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting and subcontracting arrangements and performance. B. Binding Effect Except as otherwise provided in §23(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indemnification -General Grantee shall, 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 the terms of this Grant; however, the provisions hereof shall Page 15 of 20 CDBG 16-602 — Eagle County BLF 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. Use Covenants This section ❑ shall I ® shall not apply to this Grant: For Subject Property that is owned by Grantee upon execution of this Grant, Grantee shall record a Use Covenant substantially equivalent to Exhibit F with the county in which the property resides as soon as reasonably practicable after execution of this Grant. For Subject Property acquired by Grantee using Grant Funds, Grantee shall record a Use Covenant substantially equivalent to Exhibit F with the county in which the property resides as soon as reasonably practicable after acquisition of such property. J. Modification i. By the Parties Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless agreed to in writing by the Parties in an amendment hereto, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATION OF CONTRACTS - TOOLS AND FORMS. Changes to the Grant shall be authorized to be approved by the following State or DOLA parties: a) Approval by Division Director The Division Director of DOLA or his delegee shall have authority to approve changes to the Responsible Administrator and BLF Administrator specified in §4 of Exhibit B and the Principal Representative in §18. b) Approval by DOLA Controller The DOLA Controller shall have authority to approve all changes to the Grant which are not reserved to the Division Director above. 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. K. Order of Precedence The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Exhibit C (Supplemental Provisions for Federal Funding Accountability and Transparency Act) ii. Colorado Special Provisions iii. The provisions of the main body of this Grant (excluding the cover page) iv. Exhibit B (Scope of Project) v. Exhibit H (Maximum Income Limits) vi. Exhibit A (Applicable Laws) vii.The cover page of this Grant Page 16 of 20 CDBG 16-602 — Eagle County BLF L. 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. M. 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. N. 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. O. 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. P. 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. Q. 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 17 of 20 CDBG 16-602 — Eagle County BLF 24. COLORADO SPECIAL PROVISIONS A. The Special Provisions apply to all Grants except where noted in italics. 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. ii. 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. iii. 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. iv. 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. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third parry. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any Grant, liability or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. v. 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. vi. 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. vii.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. viii. 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 Page 18 of 20 CDBG 16-602 — Eagle County BLF limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. ix. 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. x. 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. xi. 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. xii.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. (Colorado Special Provisions - effective 1/1/09) Page 19 of 20 CDBG 16-602 - - Eagle County BLF 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 EAGLE COUNTY By: ti.J FtNNl:� mt"Cam Name of Authorized Individual (print) {� Title: L t-012, 'CA ,6 (CA/1--T-1 Official Title of Authorized Individual -�1.0 A�Am - *Sign V, D 2 � � ( -- STATE OF COLORADO John W. Hickenlooper, GOVERNOR DEPARTMENT OF LOCAL AFFAIRS By: 1 I cr, E ut ve Director Date: a 1 Z6 FORM CONTRACT REVIEWER Robert Todd, Manager, CDBG Business Programs Date: O 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 I or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA By: ,14—net Miks, CPA, Controller Delegate Date: Page 20 of 20 CDBG 16-602 — Eagle County BLF EXHIBIT A — APPLICABLE LAWS Federal laws and regulations incorporated into this Grant include, without limitation: 1. 2 C.F.R. 220, Cost Principles for Education Institutions 2. 2 C.F.R. 225, Cost Principles for State, Local and Indian Tribal Governments 3. 2 C.F.R. 230, Cost Principles for Non -Profit Organizations 4. 24 C.F.R. Subtitle A, Parts 0-82, et seq., as amended, Housing and Urban Development 5. 24 C.F.R. Subtitle B, Chapter I — XXV, et seq., as amended, Housing and Urban Development 6. 40 C.F.R. 1500-1508, as amended, Council on Environmental Quality Regulations Implementing NEPA 7. 41 C.F.R. Chapter 60, as amended, Executive Order 11246 8. 49 C.F.R. Part 24, as amended, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 9. 2 U.S.C. Chapter 26, et seq., as amended, Disclosure of Lobbying Activities 10. 5 U.S.C. 552a, as amended, Privacy Act of 1974 11. 8 U.S.C. 1101, Immigration and Nationality Act 12. 12 U.S.C. §§1701- 1701z-15, et seq., as amended, National Housing Act 13. 15 U.S.C. Chapter 49, et seq., as amended, Fire Prevention and Control 14. 16 U.S.C. Chapters 1-83, et seq., as amended, Conservation 15. 20 U.S.C. 1681-1688, Title IX, as amended, Education Amendment of 1972 16. 29 U.S.C. Chapter 14, §§621-634, et seq., as amended, Age Discrimination in Employment 17. 29 U.S.C. Chapter 16, §§793-794, et seq., as amended, Vocational Rehabilitation and Other Rehabilitation Services 18. 29 U.S.C. Chapter 8, §§201, 206, et seq., as amended, Labor 19. 31 U.S.C. Subtitle I — VI, et seq., as amended, Money and Finance 20. 40 U.S.C. Subtitle 1, et seq., as amended, Federal Property and Administrative Services 21. 40 U.S.C. Subtitle 11, et seq., as amended, Public Buildings and Works 22. 41 U.S.C. 35 et seq., Walsh -Healey Public Contracts Act 23. 41 U.S.C. 701, et seq., Drug Free Workplace Act of 1988 24. 42 U.S.C. Chapter 21, et seq., as amended, Civil Rights 25. 42 U.S.C. Chapter 45, et seq., as amended, Fair Housing 26. 42 U.S.C. Chapter 50, et seq., as amended, National Flood Insurance 27. 42 U.S.C. Chapter 55, et seq., as amended, National Environmental Policy 28. 42 U.S.C. Chapter 63, et seq., as amended, Lead -Based Paint Poisoning Prevention 29. 42 U.S.C. Chapter 69, et seq., as amended, Community Development 30. 42 U.S.C. Chapter 6A, et seq., as amended, Public Health Services 31. 42 U.S.C. Chapter 76, et seq., as amended, Age Discrimination in Federally Assisted Programs 32. 42 U.S.C. Chapter 89, et seq., as amended, Congregate Housing Services 33. 42 U.S.C. Chapter 85, et seq., as amended, Air Pollution Prevention and Control 34. 42 U.S.C. Chapter 126, et seq., as amended, Equal Opportunity for Individuals with Disabilities 35. 42 U.S.C. Chapter 130, et seq., as amended, National Affordable Housing 36. C.R.S. 24-34-501 - 510, et seq., as amended, Colorado Housing Act of 1970 37. C.R.S. 24-75-601 et seq., as amended, Legal Investment of Public Funds 38. Executive Order 11063, HUD Equal Opportunity in Housing, as amended by Executive Order 12259, Leadership and Coordination of Fair Housing in Federal Programs 39. Executive Order 11593, Protection and Enhancement of the Cultural Environment 40. Executive Order 11988, Floodplain Management 41. OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations Page 1 of 1 — Exhibit A — Applicable Laws CDBG 16-602 — Eagle County BLF EXHIBIT B — STATEMENT OF PROJECT Business Loan Fund 1. GENERAL DESCRIPTION OF THE PROJECT(S) 1.1. General Description. This Project consists of providing Community Development Block Grant (CDBG) funds to the Grantee to recapitalize a Business Loan Fund (BLF), the primary purpose of which is to encourage economic diversification and jab creation and/or retention which addresses the program objective of benefit to Low and Moderate Income Persons, as defined in §2.1 below. EAGLE COUNTY is designated as the Lead County or Grantee. CDBG funds may be used to operate a business loan fund program, provide micro -enterprise business financial and/or technical assistance, or provide funding for feasibility/planning studies. Details of allowable activities and related requirements are outlined in the remainder of this Exhibit B. 1.2. Eligible Expenses. The activities allowed under this Grant shall be those listed under this subsection and §7 below. 1.2.1. Business and Micro -Enterprise Financial Assistance. Eligible expenses include, but are not limited to, costs associated with working capital, operating expenses, machinery and equipment, land and/or building acquisition, and construction. The State shall provide specific approval for the type of expenses that shall be eligible for payment with CDBG funds when Grantee, as specified in §6.23, makes a specific request for such approval and such request is submitted to the State for its review/consideration. 1.2.2. Micro -Enterprise Business Technical Assistance. Eligible expenses include costs associated with the BLF's provision of technical assistance through a third party provider to a business, including but not limited to marketing, accounting and/or operational technical assistance. Technical assistance may be authorized in conjunction with financial assistance provided under a locally developed and state approved micro -enterprise assistance program. The State shall provide specific approval for the type of expenses that shall be eligible for payment with CDBG funds when Grantee makes a specific request for such approval and such request is submitted to the State for its review/consideration. 1.2.3. Feasibility/Planning Studies. Eligible expenses include, but are not limited to, costs associated with market research, development of a capital structure, and development of a legal structure. Funding for this activity is typically in the form of a grant; however, on a case-by-case basis, the State may approve alternative structures including the use of loans, loan guarantees or equity interests. Grantee shall ensure the study(ies) be in accordance with the State's approved terms and conditions and with the requirements outlined in the CDBG Guidebook, which is available on DOLA's website. If the study results in the proposed project moving forward, the Grantee shall ensure that a minimum of 51 % Low and Moderate Income Persons benefit from the project in accordance with §2.1 and §3.2 below. 1.2.4. General Administration. Eligible expenses include, but are not limited to the costs of performing general Project activities related to compliance with this Grant, financial management, loan packaging and review, and loan servicing necessary for operation of the BLF program. General Administration funds are subject to the following requirements: 1.2.4.1. CDBG Administrative Cap. Grantee shall ensure that administrative expenses do not exceed 16% of the total CDBG costs (sum of administrative, business financial assistance, feasibility/planning, and business technical assistance costs) under this Grant. Compliance shall be determined at the termination date of this Grant. At that time, if the administrative funds drawn exceed the percentage specified herein, Grantee shall repay the excess amount to the State unless the Governor's Financial Review Committee (GFRC), has approved a waiver of this requirement. 1.2.4.2. Equipment Purchase. Grantee shall submit requests for the use of CDBG administrative funds to purchase equipment over $5,000 to DOLA staff at the Office of Economic Development and International Trade (OEDIT) for review and approval prior to such purchases. Page 1 of 8 - Exhibit B -- Statement of Project CDBG 16-602 - Eagle County BLF 1.3. 1.4. 1.5. 1.2.4.3. Contribution toward General Administration. Grantee and/or its Subgrantee shall inject a minimum contribution of $5.000 for the administration of the BLF on an annual basis. However in no event shall the use of CDBG miscellaneous income, as defined in §1.5.3 below, retained by its Subgrantee exceed $40,000 on an annual basis for this purpose. Leveraged Funds. Grantee is required to seek leveraged funds provided by private entities, including but not limited to the assisted businesses, banks, investors, individuals, and public entities. Such funds shall generally comprise the majority of funds used to assist businesses receiving CDBG assistance. Unless otherwise authorized in writing by the State, Grantee shall be responsible for meeting the required leveraged funds for this Project, as specified in §7 below, during the term of this Grant. Leveraged funds shall not be considered matching funds for federal program purposes. The State recognizes that utilization of the micro -enterprise program may make this leverage criteria unattainable. To the extent that CDBG funds are utilized to provide assistance to micro -enterprises, Grantee's share of leveraged funds may be reduced on a pro -rata basis. Program Income. If Grantee has not entered into a subgrantee agreement for the administration of the BLF, all revenues received by the Grantee which result directly from the CDBG-assisted activity, including but not limited to principal and interest payments, origination fees, servicing charges, interest earned and proceeds from the sale of acquired assets, shall be considered to be program income and subject to CDBG requirements. Subgrant. This subsection ® is, or ❑ is not applicable. When applicable, the terms and provisions of this Grant may also pertain to Subgrantee, whether Subgrantee is specifically mentioned or not. Grantee is not released from its obligations under this Grant even if it has contracted out the administration of the BLF. 1.5.1. Subgrantee. Grantee has entered into a subgrantee agreement with Northwest Colorado Council of Governments.("NWCCUG" or "Subgrantee"), a qualifying non-profit organization, for the administration of the BLF, as allowed under Section 105(a)(15) of the Housing and Community Development Act of 1974. 1.5.2, Approval of Subgrantee Agreement, Grantee shall submit its subgrantee agreement to DOLA staff at QED1T and obtain the State's approval of such subgrantee agreement prior to disbursement of Grant funds. Subgrantee agreement shall clearly delineate contractual responsibilities of the Grantee and Subgrantee. 1.5.3. Miscellaneous Income. All revenues received by Subgrantee which result directly from the CDBG-assisted activity, including but not limited to principal and interest payments, origination fees, servicing charges, interest earned and proceeds from the sale of acquired assets shall be considered to be miscellaneous income. 1.5.3.1. Use of Funds. Unless otherwise authorized in writing by the State, all miscellaneous income shall be retained by Subgrantee and used to continue the operation of the BLF, specifically making loans to businesses and micro -enterprise businesses and paying reasonable and necessary general administrative costs associated with the BLF. 1.5.3.2. Limitation an use of Miscellaneous Income for Administrative Expenses. The maximum amount of miscellaneous income that can be used for administrative costs shall not exceed $80.000 during the term of this Grant. At the termination of the Grant, if the amount of miscellaneous income used exceeds the amount specified above, Subgrantee shall repay the excess amount to the BLF's account, unless the GFRC has approved a waiver of this requirement. 1.5.3.3. Post Grant Termination Requirements. Upon the expiration of this Grant, Subgrantee shall ensure that it has entered into a separate agreement with the State pertaining to the anticipated amount of miscellaneous income funds to be used for general administrative costs related to the operation of the BLF on an annual basis. Subgrantee shall notify the State if the anticipated amount was exceeded by more than 10% in any given year, if Subgrantee would like to request an amendment to such agreement to change the stated amount of general administrative funds or if Subgrantee would like to request an amendment related to eligible uses of funds. Miscellaneous income loses its federal Page 2 of 8 - Exhibit B - Statement of Project CDBG 16-602 - Eagle County BLF identity and is generally not required to meet fcderaI or state program requirements except to the degree delineated in this provision. In consideration of the State approving the Miscellaneous Income designation for such funds, Grantee and Subgrantee shall provide accurate, complete, and timely disclosure of the BLF's performance results for all current and prior CDBG BLF grants in accordance with reporting requirements set forth in §6.1.1 below. 1.6. Davis Bacon Fair Labor Standards. When applicable, Grantee and Subgrantee(s) shall comply with all the requirements of the Davis Bacon Fair Labor Standards in accordance with the CDBG Guidebook. Documentation shall be submitted to DLG at the time of occurrence. 1.7. Section 3 of the HUD Act of 1968. When applicable, Grantee and Subgrantee(s) shall, to the greatest extent feasible, provide opportunities for training and employment that arise through HUD -financed projects and will be given to lower-income persons in the project area, and contracts awarded to businesses located in the project area or to businesses owned in substantial part, by residents of the project area. I.S. Federal Funding Accountability and Transparency Act of 2006, (Pub L.109-282) (Transparency Act, also known as FFATA). Grantee and subgrantees are required to report award information on the government Website and register with U.S. Government System for Award Management (SAM) at http://www.sam.gov . See Exhibit C -- Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to the Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended as of 03-20-13, for specific information. 2. TERMINOLOGY 2.1. Low and Moderate Income Person. This subsection ® is, or ❑ is not applicable. Grantee shall verify every family's income eligibility, using the income certification forms prescribed by the State and the maximum income limits in Exhibit H, and retain such documentation in its files. Person is defined as: [select all that apply] 2.1.1. ® Those persons who are members of low and moderate -income families as set forth in Exhibit H and as updated annually on DOLA's website. 2.1.2. ® Those persons who have been determined by the U.S. Department of Housing and Urban Development (HUD), based upon most recent Census data, to be low and moderate -income persons. 2.1.3. ® Those persons belonging to clientele groups who are generally presumed by HUD to be low and moderate -income persons. 2.2. Abbreviations. 2.2.1. Business Loan Fund is abbreviated as "BLF". 2.2.2. Community Development Block Grant is abbreviated as "CDBG". 2.2.3. CDBG Guidebook for Public Facilities and Construction Projects is referred to as "the CDBG Guidebook" or "the Guidebook." It is updated periodically and available on the Department's website. 2.2.4. Colorado Office of Economic Development and International Trade is abbreviated to as "OEDIT" and is located at 1625 Broadway, Suite 2700, Denver, Colorado 80202. 2.2.5. Division of Local Government in the Department of Local Affairs (ROLA) is abbreviated to as "DLG" and is located at 1313 Sherman Street, Room 521, Denver, Colorado 80203. 2.2.6. Governor's Financial Review Committee is abbreviated to as "GFRC". The GFRC is the committee designated by an Executive Order of the Governor to approve all economic development projects funded with CDBG funds. 2.2.7. Lead County designated in Grant shall also be referred to as "Grantee". 2.2.8. State of Colorado is referred to as "State". 2.2.9. U.S Department of Housing and Urban Development is referred to as "HUD". 3. DELIVERABLES 3.1. Service Area. The service area for this Project is as follows: Eagle, Garfield, Grand, Jackson, Moffat, Pitkin, Rio Blanco, Routt, and Summit Counties. Page 3 of 8 Exhibit B — Statement of Project CDBG 16-602 - Eagle County BLF 3.2. Outcome. 3.2.1. If the National Objective described in §3.3.1 below is checked, the Grantee commits that at least 29 full-time equivalent permanent j bs will be directly created and/or retained through the collective provision of CDBG fund At least 51% of jobs created and/or retained by each business must be filled by persons as selected in §2.1 above. Grantee shall provide written evidence that the committed number of jobs have been actually created and/or retained by each individual business and that all businesses collectively meet the requirements in this Exhibit B and the attached Exhibit C. Hiring requirements of persons as selected in §2.1 above must be achieved by each business as well. In the event that there is any deviation from job creation, retention and/or persons'(as selected in §2.1 above) hiring requirements, Grantee must submit written documentation to substantiate the reasons for such deficiencies at or prior to Project Close Out. If a deficiency exists, a review by the State will be made to determine the ability to close out this Grant. 3.2.2. If the National Objective described in §3.3.2 below is checked, the State recognizes that utilization of the micro -enterprise business financial and technical assistance program may make the job creation/retention requirements referenced above in §3.2.1 unattainable if the micro-enterprise(s) receiving funding meet(s) the definition of Limited Clientele which means that the owners of the micro-enterpn'se(s) are persons who are Low and Moderate Income Persons as set forth in §2.1 above. To the extent that CDGB funds are utilized to provide assistance to such owners of micro -enterprises, Grantee's job creation/retention commitment may be reduced on a pro -rata basis. In this case, the Grantee shall provide written documentation that the activity funded is a micro -enterprise activity carried out in accordance with respect to those owners of micro -enterprises assisted under the activity who are Low and Moderate income Persons. For these purposes, once a person is determined to be a Low and Moderate Income Person, he/she may be presumed to qualify as such for up to a three-year period. 3.3. National Objective. This Project shall meet the following National Objective(s): [Choose applicable objective(s)].- 3.3.1. bjective(s)].3.3.1. ® Low/Moderate Income Benefit. jobs. To the extent that the BLF provides assistance to business(es) that commit to create and/or retain full-time equivalent permanent jobs, the Project will involve the employment of persons, the majority of whom are Low and Moderate Income Persons. 3.3.2. ® Low/Moderate Income Benefit; limited clientele. To the extent that the BLF provides financial and technical assistance to the owners of a micro-enterprise(s) who are Low and Moderate Income Persons as specified in §2.1 above, the Project will benefit a Limited Clientele. 4. PERSONNEL: 4.1. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of John Lewis, Finance Director (iohn.lewisO)caelecounty.us), an employee or agent of Grantee, who is hereby designated as the responsible administrator of this Project. 4.2. BLF Administrator. Grantee's performance hereunder shall be under the direct supervision of Anita Cameron. Business Loan Fund Manager, Northwest Business Loan Fund. Region 12 (anitaRnorthwestloanfund.org) an employee or agent of Grantee, who is hereby designated as the BLF administrator of this Project. 4.3. Replacement. Grantee shall immediately notify DOLA staff at OEDIT 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 DOLA staff at OEDIT and seek its approval, which shall be at the Department's sole discretion, as the Department issued this Grant in part in reliance on Grantee's representations regarding Key Personnel. Such notice shall specify why the change is necessary, who the proposed replacement is, what his/her 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 Page 4 of 8 - Exhibit B - Statement of Project CDBG 16-602 — Eagle County BLF suspend work on the Project until such time as replacements are approved. All notices sent under this subsection shall be sent in accordance with §18 of the Grant. 4A. Training. BLF Administrator shall be required to attend all training seminars, including but not limited to the bi-annual BLF meetings unless mutually agreed by the State and the BLF Administrator prior to the training seminar. 5. PAYMENT Payments shall be made in accordance with the provisions set forth in §9 of the Grant. Grantee's requests for funds from this Grant shall be for the reimbursement of actual eligible expenditures and if necessary, an estimation of funds for immediate needs. 5.1. Payment Schedule. Grantee shall disburse Grant Funds received from the State within fifteen days of receipt. Excess funds shall be returned to the Department. Payment Amount Interim or Final $580,000 Paid upon receipt of required supporting Payment(s) documentation and written requests from the Grantee for eligible and approved projects or activities. Total $580,000 5.2. 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 850 Ea le, CO 81631 53. Interest. Grantee or Subgrantee may keep interest amounts up to $100 per year for administrative expenses. 6. ADMINISTRATIVE REQUIREMENTS 6.1. Reporting. 6.1.1. Annual Survey Report. Grantee shall submit to DOLA staff at OED1T (with acknowledgement signatures from Grantee and Subgrantee, if applicable), an annual survey/report containing information on the BLF's historical and current performance in various areas including all CDBG funds and CDBG Miscellaneous Income. Such annual survey/report shall be in State prescribed format and is due on or before March 31 st of each calendar year unless an alternate deadline is provided in writing by DOLA staff at OEDIT. The annual survey/report shall be required during the term of this Grant and shall continue to be required on an annual basis thereafter. 6.1.2. Disclosure Reports. Grantee shall provide updated Disclosure Reports, when applicable as required by HUD, to DOLA staff at OED1T. 6.1.3. Financial Status and Progress Report. Grantee shall provide quarterly financial and program reports to DOLA staff at OEDff in accordance with the Guidebook. 6.1.4. Jobs Report. Grantee shall continue to report to the State information on all persons which fill jobs created and/or retained by assisted businesses and micro -enterprise businesses (if jobs were committed by the micro -enterprise business) until the number of jobs specified in §3.2 above have been met, but in no event shall the report period he less than one (1) year from the effective date of the business assistance agreement, even if this Grant has expired, unless the Grantee has received a reporting timeframe waiver from the State. In the event the assisted businesses and applicable micro -enterprise businesses meet or exceed the job requirements Grantee shall ensure that at least 51% of all jobs created/retained (as a result of CDBG funds) are provided to persons as specified in §2.1 above. In the event that CDBG funds are not fully Page 5 of 8 — Exhibit B — Statement of Project CDBG 16-602 — Eagle County BLF expended, the State may prorate th number of jobs that must be created and/or retained accordingly. 6.1.5. Project Completion Report. This t eport is due within 90 days after completion of the Project, including information regarding the required public hearing, actions taken to Affirmatively Further Fair Housing, Section 3 Report, Final Financial Status Report, and all other documentation required in the Proje t Close Out section of the Guidebook, as revised periodically. 6.I.6. Single Audit Report. If Grantee is equired to have a single audit, Grantee shall submit a copy of its audit report to DLG within 18 days of its fiscal year-end. 6.2. Business Loan Fund Requirements. Grar, tee shall administer the Business Loan Fund in compliance with applicable laws, regulations, authorita ive guidances, program objectives, this Grant, and related reporting requirements. 6.2.1. Policies. BLF assistance shall be pr vided to businesses and/or micro -enterprise businesses according to specific and separate policies developed by the BLF which define the criteria and manner by which assistance shall be provided to applicants. Grantee shall submit its locally developed BLF program policies an I guidelines to DOLA staff at OEDIT for State approval. Varying financial terms and conditi ns, including loans and/or grants, if so authorized by the State, may be offered by the BLF to micro -enterprise businesses for financial assistance or technical assistance under its appro ed program policies and guidelines. On a case-by-case basis, the DOLA staff at OEDIT maty authorize loan guarantees, equity interest, or royalty payments in exchange for providinfinancial assistance to a business. 6.2.2. Local BLF Advisory Committee. LF Advisory Committee, which is representative of economic development organizatioT s, banks, businesses, local governments and/or other related professions in the area served by thi Grant, shall review and approve policies and criteria, and shall directly or through an appointc d subcommittee approve all requests for financial assistance prior to submitting to DOLA staff a OEDIT for approval. 6.2.3. State Approval of Funding Request. Grantee shall submit each specific funding request from the BLF and related project descript ons, financial analysis, and terms/conditions to the State in a State prescribed format for review and approval. 6.2.4. Fees. Grantee may charge a business applying for and/or receiving CDBG financial assistance funds reasonable fees associated wit processing its application. Application review fee may not exceed $100 and loan origination fe s may not exceed 2% of the approved financial assistance amount. No other fees shall be charl ed to or collected from the applicant business without express written approval from the D MA staff at OEDIT. In addition, fees charged to businesses receiving assistance frorr a micro -enterprise assistance program shall conform to locally approved micro -enterprise p ogram policies and procedures that have also been approved by the State. 6.2.5. Participation Agreement. Grantee shall not expend or draw down CDBG funds from DOLA until the business and/or micro -este rise business has negotiated agreements with participating banks, individuals, public agencies and investors which set forth the amounts and terms of each party's participation in financing p jects and which meet all applicable provisions set forth in this Exhibit B. Copies of such agreements shall be obtained by the Grantee/Subgrantee and maintained in its files. 6.2.6. Legal Agreement. Grantee agrees t iat financial assistance provided to businesses shall be evidenced through legally binding a ements that adhere to federal and state regulations and standard commercial loan documentation where applicable. 6.2.7. Favorable Terms. In order for a bu iness to be considered to receive terms more favorable than the standard business financial assis ance terms offered by the BLF, the rate of return for such business generally shall not exceeddustry standards unless it is appropriate. An appropriate determination is not required for ass stance provided to micro -enterprise businesses. 6.2.8. Interest Rate. [Check all that appl 6.2.8.1. ❑ Interest rates charged to orrowers on the CDBG portion of loans shall be no greater than the prime interest rate ew York Prime as published in the Wall Street Journal) at Page 6 of 8 -- Exhil�it B Statement of Project CDBG 16-602 - Eagle County BLF 6.3. 6.4. 6.5. 6.6. the time of loan commitment, excluding any processing or service charge imposed on the borrower by the BLF. 6.2.8.2. ® Interest rates charged to borrowers on the CDBG portion of loans deemed to be of potentially higher risk by the BLF's Advisority Committee shall be no greater than 2% in excess of the prime interest rate (New York Prime as published in the Wall Street Journal) at the time of loan commitment, excluding any processing or service charge imposed on the borrower by the BLF. 6.2.8.3. ® Interest rates charged for micro -enterprise loans shall conform to locally and state approved program policies and guidelines. 6.2.9. Term. The tern of assistance provided to businesses with CDBG funds shall not exceed ten (10) years without specific State approval. 6.2.10. Change in Ownership. Unless otherwise approved by DOLA staff at OEDIT, loan documents for CDBG financial assistance to a business shall specify that the loan shall become due and payable in the event such business is sold, consolidated or merged to an extent that controlling ownership changes prior to repayment of funds owed. Upon the close out of this Grant by the State, the requirement for alternative approval from DOLA staff at OEDIT shall no longer be required. 6.2.11. Remedies. Grantee shall exhibit due diligence in pursuit of reasonably available remedies should businesses or micro -enterprise businesses not fulfill contractual provisions under which the assistance was provided. 6.2.12. Feasibility/Planning Studies. Grantee shall submit all feasibility/planning studies to DOLA staff at OEDIT for State's review and approval. When approved, the State shall provide to Grantee the terms and conditions specific to each feasibility/planning study. Construction. if an approved project includes construction activities, the Grantee shall provide to DLG all necessary forms relating to bidding and construction funded by CDBG funds as outlined in the Guidebook. Procurement. Grantee shall follow appropriate procurement standards as outlined in the Guidebook, including the selection and payment of consultants, architects, and engineers necessary for the completion of an approved project. Procurement documentation shall be submitted to DOLA staff at OEDIT at the time of occurrence. On-site Visits. Grantee shall allow CDBG program representatives to make on-site visits to verify CDBG program information if reasonable notice has been provided by the State. On-site Monitoring. Grantee will notify DLG at least 30 days in advance of Project being completed. On-site monitoring as outlined in the Monitoring section of the Guidebook shall be performed by DLG prior to Project Close Out. Specific legal agreements and related documentation shall be maintained by the Grantee/Subgrantee and shall be reviewed during the on-site monitoring. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 7 of 8 - Exhibit B - Statement of Project CDBG 16-602 Eagle County BLF 7. PROJECT BUDGET Activity Total CDBG Funds Other Funds minimum on Source REVENUE CDBG Funds $580,000 5580,000 $0 GrantccJS2hgrantee 580,000 $O $80,000 Sub -grantee Other Leveraged Funds minimum o $1,160.000 $0 $1,160,000 Leverage Sources TOTAL REVENUE $1920,000 $580,000 $1,240,000 EXPENDITURES Business Financial Assistance 18A) 80,000 $480,000 SO CDBG Optional: Micro -enterprise Business Financial Assistance Optional: Micro-entcrprise Business Technical Assistance Optional: Feasibility/Planning Studies $20,000 $20,000 $0 Administration 21A 160,000 $80,000 $80,000 Sub- ntee Other: $1.160,000 1 $0 1 $1,160,004 1 Levers c Sources TOTAL EXPENDITURES $1 .820 000 $580,000 $1,240,000 THE REST OF THIS PAGEI INTENTIONALLY LEFT BLANK Page 8 of 8 Exhi�it 3 — Statement of Project CDBG 16-602 - Eagic County BLF EXHIBIT C — Supplemental Provisions for FFATA State Df Colorado Supplemental Provisions for Federally Funded Contrac , Grants, and Purchase Orders S blest to The Federal Funding Accountability Ond Transparency Act of 2006 (FFATA), As as of 3-20-13 The contract, grant, or purchase order to which t1jese Supplemental Provisions are attached has been funded, in whole or in part, with an Award of Fed ral funds. In the event of a conflict between the provisions of these Supplemental Provisions, the ISpecial Provisions, the contract or any attachments or exhibits incorporated into and made a part of theontract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Sur meanings ascribed to them below. 1.1. "Award" means an award of Federal administers in the form of: 1.1.1. Grants; 1.1.2. Contracts; 1.1.3. Cooperative agreements, development agreements of 1986, as amended (151 1.1.4. Loans; 1.1.5. Loan Guarantees; 1.1.6. Subsidies; 1.1.7. Insurance; 1.1.8. Food commodities; 1.1.9. Direct appropriations; 1.1.10. Assessed and voluntary ci 1.1.11. Other financial assistance funds by non -Federal Enti Award does not include: 1.1.12. Technical assistance, whit 1.1.13. A transfer of title to Feder, award is called a grant; 1.1.14. Any award classified for si 1.1.15. Any award funded in whol 1512 of the American Rec 111-5). 1.2. "Contract" means the contract to i Includes all Award types in §1.1.1 t 1.3. "Contractor" means the party or p financial assistance, other than the Subrecipients, and borrowers. For not include Vendors. 1.4. "Data Universal Numbering System established and assigned by Dun and Dun and Bradstreet's website may be Provisions, the following terms shall have the assistance that a non -Federal Entity receives or ch do not include cooperative research and tDA) pursuant to the Federal Technology Transfer Act .C. 3710); ; and s that authorize the expenditure of Federal provides services in lieu of money; -owned property provided in lieu of money; even if the ;unity purposes; or or in part with Recovery funds, as defined in section very and Reinvestment Act (ARRA) of 2009 (Public Law these Supplemental Provisions are attached and h 1.1.11 above. to a Contract funded, in whole or in part, with Federal Recipient, and includes grantees, subgrantees, ses of Transparency Act reporting, Contractor does S) Number" means the nine -digit number treet, Inc. to uniquely identify a business entity. at: http://fedciov.dnb.com/webform. 1 of 4 N M. 7r^nom Y. z m O C n n. a -. 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Q CDBG 16-602 — Eagle County BLF FORM 2 - Federal Funding Accountability and Transparency Act (FFATA) Data Report Form Reporting is required for initial awards of 525,000 or more or award modifications that result in a total award of 525,000 or more. Information Field Response Definitions can be found in Exhibit C 1. County DUNS Number: 084024447 2. County's Legal Name: Eagle County Government 3. County's Parent DUNS Number: (Report ONLY if different from County DUNS number NIA 4. Location of County Receiving Award: 500 Broadway (Full street address, including City, State and Zip+4) PO Box 850, Eagle, Co 81631-0850 5. Primary Location of Performance of the Award: Northwest Colorado Council of Govts (City, State and Zip+4) Silverthorne, CO 80498-2308 Answer True or False 6. In the preceding fiscal year, County received: False a. $25,000,000 or more in annual gross revenues from federal procurement contracts/subcontracts and/or federal financial assistance awards or sub -awards subject to the Transparency Act. b. 80% or more of its annual gross revenues from federal procurement contracts/subcontracts and/or federal False financial assistance awards or sub -awards subject to the Transparency Act. c. The public does not have access to information about the compensation of its five most highly compensated False Executives through periodic reports filed through the Securities Exchange Act of 1934 or the IRS. An answer to question 7 is required ONLY when all answers to questions 6 are true. 7. Names and total compensation of the five (5) most highly compensated Executives for the preceding fiscal year. Print Name Compensation Amount By signing below, I certify the information contained in this report is complete and accurate to the best of my know edger , _ 3)aglao�rp S' ature of Responsibl ministrato_r Date Page 1 of 1