HomeMy WebLinkAboutC20-350 Uncle Bob FoundationAGREEMENT FOR SERVICES
BETWEEN EAGLE COUNTY, COLORADO
AND
UNCLE BOB FOUNDATION
THIS AGREEMENT (“Agreement”) is effective as of the ___________________________ by and between The
Uncle Bob Foundation, a Colorado nonprofit corporation (hereinafter “Contractor”) and Eagle County, Colorado, a
body corporate and politic (hereinafter “County”).
RECITALS
WHEREAS, the County, through its Department of Human Services (“DHS”) works to promote the health, safety
and welfare of County residents of all ages; and
WHEREAS, the County uses outside providers and professionals to enhance the ability of County to promote such
health, safety and welfare; and
WHEREAS, the Contractor is working with Eagle, Pitkin, and Garfield Counties to facilitate a Landlord-Tenant
Recovery Fund that supports landlord-tenant teams to collect and/or pay rent due to loss of tenant income during the
COVID pandemic (the “Project”); and
WHEREAS, the Contractor will work with various vetting agencies to fulfill the goals of the Project; and
WHEREAS, the Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise,
and experience necessary to provide the Services as defined below in paragraph 1 hereof; and
WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the
services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as
follows:
1.Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials
necessary to perform and complete the services or work described in Exhibit A (“Services” or “Work”) which is
attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the
provisions and conditions of this Agreement.
a.Contractor agrees to start furnishing the Services as soon as practicable and in accordance with
the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to
furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing
below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the
Services. The Contractor must also comply with the terms contained in Exhibit B.
b.In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit
A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement
shall prevail.
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2. County’s Representative. The Department of Human Services’ designee shall be Contractor’s contact with
respect to this Agreement and performance of the Services.
3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to
the provisions of paragraph 11 hereof, shall continue in full force and effect through twelve months from the
effective date of this contract.
4. Extension or Modification. This Agreement may be extended for up to three additional one year terms
upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties.
No additional services or work performed by Contractor shall be the basis for additional compensation unless and
until Contractor has obtained written authorization and acknowledgement by County for such additional services in
accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor
verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that
County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust
enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written
authorization and acknowledgment by County for such additional services is not timely executed and issued in strict
accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived
and such failure shall result in non-payment for such additional services or work performed.
5. Compensation. County shall compensate Contractor for the performance of the Services in a sum
computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not
exceed $30,000. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside
of normal business hours unless specifically authorized in writing by County.
All invoices must be emailed to the following address to ensure proper payment.
hhsaccountspayable@eaglecounty.us
b. If, at any time during the term or after termination or expiration of this Agreement, County
reasonably determines that any payment made by County to Contractor was improper because the Services for
which payment was made were not performed as set forth in this Agreement, then upon written notice of such
determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to
County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall
forthwith be returned to County.
c. All funds received by Contractor under this Agreement shall be or have been expended solely for
the purpose for which granted, and any funds not so expended, including funds lost or diverted for other purposes,
shall be returned to County. Contractor shall provide the County with progress reports upon County’s request; or
Contractor shall furnish progress reports as more specifically set forth in the attached Exhibit A.
d. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor
agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made
pursuant to the terms of this Agreement.
e. Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after
December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the
Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local
Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X,
Sec. 20).
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6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the
particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for
the performance of any of the Services or additional services without County’s prior written consent, which may be
withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all
personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom
County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each
subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be
bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and
responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not
the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and
Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its
agents, employees and subcontractors.
7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following
insurance coverage with limits of liability not less than those stated below:
a. Types of Insurance.
i. Workers’ Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined
bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned
vehicles.
iii. Commercial General Liability coverage to include premises and operations,
personal/advertising injury, products/completed operations, broad form property damage with limits of liability not
less than $1,000,000 per occurrence and $1,000,000 aggregate limits.
b. Other Requirements.
i. The automobile and commercial general liability coverage and as set forth above shall be
endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials,
employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing
requirements is attached hereto as Exhibit C.
ii. Contractor’s certificates of insurance shall include subcontractors, if any as additional
insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each
subcontractor.
iii. The insurance provisions of this Agreement shall survive expiration or
termination hereof.
iv. The parties hereto understand and agree that the County is relying on, and does
not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and
protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise
available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and
volunteers.
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v. Contractor is not entitled to workers’ compensation benefits except as
provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage
is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax
on any moneys paid pursuant to this Agreement.
8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers, agents
and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as
any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon
any performance or nonperformance by Contractor or any of its subcontractors hereunder; including claims for
bodily injury or personal injury including death or loss or damage to tangible or intangible property; and Contractor
shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in
connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification
shall not apply to claims by third parties against the County to the extent that County is liable to such third party for
such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or
termination hereof.
9. Ownership of Documents. All documents (including electronic files) and materials obtained during,
purchased or prepared in the performance of the Services shall remain the property of the County and are to be
delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement.
10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally
delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx
or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv)
when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing
the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with
confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days
prior written notice of such change to the other party.
COUNTY:
Eagle County, Colorado
Attention: Megan Burch
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-8815
E-Mail: megan.burch@eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
Facsimile: 970-328-8699
E-Mail: atty@eaglecounty.us
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CONTRACTOR:
Cheryl R. Strouse
Uncle Bob Foundation
1430 Railroad Ave, Unit F, Suite1
Rifle, CO 81650
Ph: 970-625-3589 ext. 106
Fax: 970-625-0859
Email: cheryl@garfieldhousing.com
11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason,
with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the
Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents
as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials
and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination.
12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this
Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the
sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be
governed by the laws of the State of Colorado.
13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same
instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following
two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or
facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized
signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of
electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121.
14. Other Contract Requirements and Contractor Representations.
a. Contractor has familiarized itself with the nature and extent of the Services to be provided
hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and
regulations that in any manner affect cost, progress, or performance of the Services.
b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems
necessary for the performance of the Services.
c. To the extent possible, Contractor has correlated the results of such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of this Agreement.
d. To the extent possible, Contractor has given County written notice of all conflicts, errors, or
discrepancies.
e. Contractor shall be responsible for the completeness and accuracy of the Services and shall
correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the
County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor
shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of
care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants
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that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest
standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to
ensure the Services are performed in accordance with this Agreement. In the event County finds these standards of
customer service are not being met by Contractor, County may terminate this Agreement, in whole or in part, upon
seven (7) days’ notice to Contractor. This paragraph shall survive termination of this Agreement.
f. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and
professional standards, in the performance of this Agreement. Time is of the essence with respect to this
Agreement.
g. This Agreement constitutes an agreement for performance of the Services by Contractor as an
independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to
create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship
between County and Contractor except that of independent contractor. Contractor shall have no authority to bind
County.
h. Contractor represents and warrants that at all times in the performance of the Services, Contractor
shall comply with any and all applicable laws, codes, rules and regulations.
i. This Agreement contains the entire agreement between the parties with respect to the subject
matter hereof and supersedes all other agreements or understanding between the parties with respect thereto.
j. Contractor shall not assign any portion of this Agreement without the prior written consent of the
County. Any attempt to assign this Agreement without such consent shall be void.
k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their
respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations
hereunder are reserved solely for the parties, and not to any third party.
l. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver
thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach.
m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision hereof.
n. The signatories to this Agreement aver to their knowledge no employee of the County has any
personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor
has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the
Services and Contractor shall not employ any person having such known interests.
o. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms
under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this
Agreement.
p. Contractor shall comply with the Civil Rights Act of 196 and Section 504, Rehabilitation Act of
1973, concerning discrimination on the basis of race, color, sex, age, religion, political beliefs, national origin or
handicap.
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15. Prohibitions on Government Contracts.
As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries
not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or
subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this
Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual
who will perform under this Agreement and that Contractor will participate in the E-verify Program or other
Department of Labor and Employment program (“Department Program”) in order to confirm the eligibility of all
employees who are newly hired for employment to perform Services under this Agreement.
a. Contractor shall not:
i. Knowingly employ or contract with an undocumented individual to perform Services
under this Agreement; or
ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an undocumented individual to perform work under the public contract for
services.
b. Contractor has confirmed the employment eligibility of all employees who are newly hired for
employment to perform Services under this Agreement through participation in the E-Verify Program or Department
Program, as administered by the United States Department of Homeland Security. Information on applying for the
E-verify program can be found at:
https://www.uscis.gov/e-verify
c. Contractor shall not use either the E-verify program or other Department Program procedures to
undertake pre-employment screening of job applicants while the public contract for services is being performed.
d. If Contractor obtains actual knowledge that a subcontractor performing work under the public
contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required
to:
i. Notify the subcontractor and County within three (3) days that Contractor has actual
knowledge that the subcontractor is employing or contracting with an undocumented individual; and
ii. Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or
contracting with the undocumented individual; except that Contractor shall not terminate the contract with the
subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor
has not knowingly employed or contracted with an undocumented individual.
e. Contractor shall comply with any reasonable request by the Department of Labor and Employment
made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S.
8-17.5-102(5).
f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of
contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall
be liable for actual and consequential damages to County as required by law.
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g. County will notify the Colorado Secretary of State if Contractor violates this provision of this
Agreement and County terminates the Agreement for such breach.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its COUNTY MANAGER
By: ______________________________
Jeff Shroll, County Manager
CONTRACTOR:
By:________________________________
Print Name: _________________________
Title: ______________________________
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Cheryl Strouse
Interim Executive Director
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EXHIBIT A
SCOPE OF SERVICES, SCHEDULE, FEES
Eagle County Department of Human Services (“DHS”) will engage the services of the Uncle Bob Foundation
(“UBF”) to act as the Fiscal Agent for the purpose of distributing subgrants to non-profit organizations (“Grantees”).
Grantees will use subgrants to help landlord-tenant teams collect and/or pay rent due to loss of tenant income during
the COVID pandemic. This process will be referred to as the Landlord-Tenant Recovery Fund (“LTRF”).
Start and Completion Dates. UBF services will begin upon execution of this agreement and will conclude upon
the passing of 12 months or termination of this agreement.
Scope of Services. UBF shall serve as the fiscal agent of the LTRF. All funds will be initially transferred directly
from DHS to UBF. UBF shall disburse an initial $5,000 subgrant to each Grantee and provide follow-up subgrant
amounts based upon requests from each Grantee and fund availability, so long as Grantee has remained in
compliance with the LTRF Grantee Contract. The LTRF Grantee Contract Form is attached as Appendix A and
existing Grantees are listed in the attached Appendix B. Additional Grantees may be added so long as they comply
with the terms as detailed in Appendix A.
UBF shall maintain a separate account for all funds associated with the LTRF, make best efforts to distribute
subgrants within two business days of request by Grantee, report to DHS on the status of the account on a monthly
basis or as otherwise requested by Grantor, adhere to GAAP, and conform to all applicable laws and regulations.
UBF shall enter into contracts with all LTRF Grantees to ensure that funds are disbursed for the purposes of the
LTRF. Disbursement information (including name of LTRF Grantee, subgrant amount, and date of subgrant
disbursement) shall be entered by UBF into a database shared by all Grantors and all Grantees for transparent
accounting and reporting purposes. All funds unused by each Grantee shall be returned to UBF upon request. If
UBF has not depleted all LTRF funds upon termination of the LTRF, UBF shall return said funds to Grantor(s) on a
pro-rata basis, if funds are commingled from multiple Grantors, within 10 days of termination of the LTRF.
Compensation. The compensation paid to UBF for Fiscal Agent Services shall be 1% of funds distributed in
subgrants, to cover out-of-pocket expenses incurred for the administration of the LTRF, including bank fees, checks,
and postage. After reporting this amount in the shared database as “fee withheld” for each subgrant distributed,
UBF shall be permitted to transfer this administrative fee to its regular operating account.
Administrative costs including personnel expenses, travel expenses, office space, copier usage, and utilities
expended by UBF to administer the LTRF will be accounted for as “in-kind” contributions to the LTRF by UBF.
Reporting. UBF will provide data on the funding distributed through the LTRF. Data collected and shared will
include, but not be limited to:
- List of Grantees, vetting agencies, funded and amount funded, including amount used for overhead
expenses
- # of families receiving assistance and average amount of assistance
- # of landlords participating in program and details on those landlords
- Address of residence of renter (including county)
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APPENDIX A TO EXHIBIT A
Form Agreement Between UBF and Grantee
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Appendix A to Eagle County UBF Agreement
Landlord-Tenant Recovery Fund Grantee Contract
This Contract is between Uncle Bob Foundation (UBF), a 501c3 non-profit corporation, and
________________________________, a ______________ organization, hereinafter referred to
as “Grantee.”
UBF desires to engage the services of Grantee to distribute funds from the Landlord-Tenant
Recovery Fund (LTRF) for the purpose of helping landlord-tenant teams collect and/or pay rent
due to loss of tenant income during the COVID pandemic.
The Parties agree as follows:
1. Start and Completion Dates. Grantee’s services will begin upon receipt of funds from UBF
(hereinafter referred to as “subgrant” or “subgrants”) and will conclude upon termination of
this agreement.
2. Scope of Services. Grantee shall serve as a vetting agency for the LTRF. Grantee shall vet
Landlord-Tenant teams for compliance with the LTRF guidelines as described in the attached
Exhibit A.
Grantee agrees to: 1) distribute funds to landlord-tenant teams as efficiently as possible, 2)
screen for duplicates in the LTRF database, and 3) enter all information requested by UBF into
the subgrant database.
Once Grantee has dispensed all funding from its subgrant(s), UBF may distribute additional
subgrants to Grantee upon request, as long as LTRF funds are available. Such further subgrant
distributions will be at the sole discretion of UBF.
Compensation. As compensation for any and all costs incurred in administering LTRF funds,
Grantee shall be permitted to withhold from LTRF funds on hand an amount equal to no more
than 10% of all funds distributed to landlord-tenant teams. For example, if $3,000 is
distributed to a landlord-tenant team, Grantee is permitted to withhold an additional $300
from the fund for Grantee compensation. This amount shall be calculated upon each
distribution to a landlord-tenant team and entered in the subgrant database.
3. Modification and Termination of the Agreement. This Contract may be modified by written
agreement signed by both UBF and Grantee. Either party has the right to terminate this
agreement at any time based on the non-performance of either party, or either party’s
inability to perform the obligations set forth herein. Should either party terminate the
agreement prior to the distribution of all LTRF subgrant funds, any remaining balance shall
be made payable by Grantee to UBF within 10 days of termination of the agreement.
This document constitutes the entire agreement between the parties. Each signatory to this
agreement warrants that s/he possesses the legal authority to enter into this agreement. This
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contract shall be binding upon the parties by virtue of their signatures below, their
successors, heirs and assigns and shall be enforced under the laws of the State of Colorado.
IN WITNESS WHEREOF, the above referenced parties have hereunto executed this Agreement
on the _______day of____________ 2020.
Grantee Uncle Bob Foundation
___________________________________
(Organization name)
___________________________________ ___________________________________
(Signature) (Signature)
___________________________________ ___________________________________
(Printed Name) (Printed Name)
___________________________________ ___________________________________
(Title) (Title)
___________________________________ ___________________________________
(Address) (Address)
Date: _________________, 2020 Date: ________________, 2020
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Landlord – Tenant Recovery Fund Grantee Contract - Page 3 of 3
EXHIBIT A to
Landlord-Tenant Recovery Fund Grantee Contract
Guidelines for Grantees Distributing Sub-Grants
What does this fund offer?
This fund will pay up to 1/3 of a tenant’s accumulated back rent and 1/3 of the tenant’s rent for
up to 3 future months. The intention of this is to provide some relief to both tenants and
landlords who wish to work together to maintain their current landlord-tenant relationship.
Who is eligible?
Anyone who pays or receives rent between Aspen and Parachute, although both the landlord
and the tenant must agree to opt into the fund as a “team.”
What’s the process?
Landlords and tenants should be urged to first apply for the CO Department of Local Affairs
“Property Owner Protection” or “Emergency Housing Assistance” programs since they don’t
require landlords to share the cost the way the LTR Fund does.
Either the landlord or tenant completes an LTRF Application on behalf of their team. Grantees
can help to complete this form and assist with obtaining both parties’ signatures.
Upon receipt of the LTRF Application signed by both landlord and tenant, Grantee will consider
the approval of the landlord-tenant team after checking the LTRF Subgrant Database for
duplicate subgrant recipients. Landlord-tenant teams may not receive subgrants through more
than one Grantee at a time. Grantees have the discretion to use their own standards for vetting.
Upon approval of a landlord-tenant team's LTRF Application, Grantee may issue payment directly
to the landlord or tenant for the amount agreed upon by the landlord-tenant team. The amount
distributed shall not exceed 1/3 of a tenant’s accumulated back rent and 1/3 of the tenant’s rent
for up to 3 future months. The maximum amount paid shall be $3,000 for this initial payment.
At the discretion of Grantee, landlord-tenant teams receiving 1/3 of 3 months’ future rent shall
be eligible to apply for additional sub-grants but, if awarded, shall not receive an amount greater
than 1/3 of one month’s rent (up to a maximum amount of $1,000) within any 30 day period
under such circumstances.
Vetting agencies that decide to become Grantees and choose to utilize this fund will be initially
provided with a sum of $5,000. Once a Grantee has utilized these designated funds, such Grantee
will be able to request additional funding to continue to process as needed for its clients.
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APPENDIX B TO EXHIBIT A
List of Existing Grantees
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APPENDIX B
Landlord-Tenant Housing Recovery Fund
Grantees (e.g., Vetting Agencies)
Valley Settlement
Family Resource Center of the Roaring Fork School District
Parachute Family Resource Center
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EXHIBIT B
FEMA ADDENDUM
OFFICE OF MANAGEMENT AND BUDGET
POST FEDERAL AWARD REQUIREMENTS FOR PROCUREMENT CONTRACTS
This is an addendum to the AGREEMENT BETWEEN EAGLE COUNTY, COLORADO
AND EAGLE VALLEY CHILD CARE ASSOCIATION (the “Contract”) between Eagle Valley
Child Care Association (“Contractor”), and Eagle County, (the “County”).
This Contract is subject to the provisions of 2 C.F.R. § 200 et seq., Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, as well as
additional requirements promulgated by the Federal Emergency Management Agency (FEMA).
Notwithstanding anything contained in the Contract or this Addendum, Contractor agrees to
comply with all applicable provisions of 2 C.F.R. § 200 et seq., as amended. This Addendum is
hereby expressly incorporated into the Contract between the County and the Contractor.
Regardless of any conflict of provisions language contained in the Contract, to the extent that the
terms of the Contract and this Addendum conflict, the terms of this Addendum will control.
The applicability of the following contract provisions are described in brackets,
below. As applicable, the following provisions are hereby added and incorporated into the
above-referenced Contract:
Audit Rights
Eagle County and the Comptroller General of the United States, or any of their duly authorized
representatives, must have access to any books, documents, papers and records of the contractor
which are directly pertinent to a specific program for the purpose of making audits,
examinations, excerpts and transcriptions.
Contracting with small and minority businesses, women’s business enterprises, and labor
surplus area firms (2 C.F.R. § 200.321).
If subcontracts are to be let, Contractor must take all necessary affirmative steps to assure that
minority businesses, women’s business enterprises, and labor surplus area firms are used when
possible. As set forth in 2 C.F.R. § 200.321(b)(1)-(5), such affirmative steps must include:
1. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
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3. Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
Appendix II: Contract Provisions for non-Federal Entity Contracts Under Federal Awards
(A)
Breach. Any breach of the Contract by Contractor shall be governed by the Termination and
Related Remedies provision of the Contract. Additionally, in the event that the County incurs
damages as a result of Contractor’s breach, the County may pursue recovery of such damages
from Contractor. The County further retains the right to seek specific performance of the
Contract at any time as authorized by law. The County further retains the right to otherwise
pursue any remedies available to the County as a result of the Contractor’s breach, including but
not limited to administrative, contractual, or legal remedies, as well as any applicable sanctions
and penalties. Termination for cause and convenience are governed by the Termination and
Related Remedies provision of the Contract.
(B)
Termination. Termination for cause and convenience are governed by the Termination and
Related Remedies provision of the Contract.
(C)
Equal Employment Opportunity. Contractor agrees to comply with the Equal Opportunity
Clause provided under 41 CFR 60-1.4(a) (Government Contracts) and 41 CFR 60-1.4(b)
(Federal Assisted Construction Contracts), in accordance with Executive Order 11246, “Equal
Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal
Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Contractor further agrees to include this provision, including the Equal Opportunity Clause or a
reference thereto, in any subcontracts it enters into pursuant to the Contract.
(D) intentionally deleted
(E) intentionally deleted
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(F) intentionally deleted
(G) intentionally deleted
(H) intentionally deleted
(I) intentionally deleted
(J)
Procurement of recovered materials (2 CFR §200.322). All parties agree to comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered materials identified in the
EPA guidelines.
ADDITIONAL FEMA REQUIREMENTS
i. Changes: To be effective, any change to the Contract, including the alteration of any
method, price, or schedule of work must be authorized pursuant to a written amendment
executed by the parties.
ii. Access to Records: Contractor and its successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing
Department and FEMA access to records, accounts, information, facilities, and staff.
iii. DHS Deal, Logo, and Flags: Contractor shall not use the Department of Homeland
Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency
officials without specific FEMA pre-approval.
iv. Compliance with Federal Law, Regulations, and Executive Orders: FEMA financial
assistance will be used to fund the Contract. Contractor shall comply with all applicable Federal
law, regulations, executive orders, and FEMA policies, procedures, and directives.
v. No Obligation by Federal Government: The United States Federal Government is not a
party to the Contract and is not subject to any obligations or liabilities to County, Contractor, or
any other party pertaining to any matter resulting from the contract.
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vi. Program Fraud and False or Fraudulent Statements or Related Acts: Contractor
acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and
Statements) applies to Contractor’s actions pertaining to the Contract.
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EXHIBIT C
INSURANCE CERTIFICATE
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