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Home My WebLink About20131820.tiffRESOLUTION RE: APPROVE PUBLIC FACILITIES AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE WELD COUNTY ESPANOLA SUBDIVISION AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Public Facilities Agreement for a Community Development Block Grant for the Weld County Espanola Subdivision between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance and Administration and the Department of Public Works, and the Department of Local Affairs, commencing upon full execution, and ending July 31, 2014, with further terms and conditions being as stated in said agreement, and WHEREAS, on the 15th day of July, 2013, the Board deemed it advisable to continue consideration of said agreement until July 17, 2013, to make appropriate changes to the resolution, and WHEREAS, after review, the Board deems it advisable to approve said grant agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Public Facilities Agreement for a Community Development Block Grant for the Weld County Espanola Subdivision between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance and Administration and the Department of Public Works, and the Department of Local Affairs, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said grant agreement. et/nailed, /nailed/ /'z elef4 p9/9 2013-1820 EG0068 APPROVE PUBLIC FACILITIES AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE WELD COUNTY ESPANOLA SUBDIVISION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of July, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD CO . COLORADO Weld County Clerk to the Board BY: APP y Attorney Date of signature: 'JUL 3 0 2013 ean P. Conway e Freem Barbara Kirkmeyer er, Pro-Tem 2013-1820 EG0068 June 27, 2013 The Honorable William F. Garcia, Chair, Board of County Commissioners Weld County 1150 O Street Greeley, CO 80631 RE: CDBG #12-519 — Weld County Hispaniola Subdivision Dear Commissioner Garcia: Attached is the grant contract packet for the above -referenced Community Development Block Grant project. If the contract is satisfactory to the County as written, please print and execute three originals of the contract, signed and dated by an authorized signator (original signatures). Please note that an authorized signator is a County Chief Elected Official, City/Town Mayor, or District Board President. If any other individual should sign this contract, you must provide a letter from the Chief Elected Official documenting the specific individual's delegated authority to sign. Also attached is Exhibit C — Maximum Income Limit; please print and attach one copy to each of the contracts. Please take special note of Exhibit D - Supplemental Provisions for Federal Funding Accountability and Transparency Act (FFATA). Page 5 of Exhibit D must be completed and signed by the Responsible Administrator) and attached to each of the contracts. For purposes of this document, the County is the Agency AND the Subrecipient AND the Contractor (Questions 1 -6 refer to the County and NOT to any entity to whom the County intends to pass the funds). Please call if you have any questions about how to complete this important form. The Department is now requiring that quarterly reports and quarterly pay requests be submitted on all grant projects. Please note the following four files comprise the complete contract packet. All four documents are required to be returned to the State for final execution. 1. Contract document pages (must be original signature by authorized official) 2. Exhibit A and B — Applicable Laws and Statement of Project (within the contract pages) 3. Exhibit C — Maximum Income Limit (separate attachment) 4. Exhibit D — FFATA (you must complete page 5, sign and return three (3) copies, (separate attachment) Please send the three executed contract packets along with the routing memo (below) to: Department of Local Affairs ATTENTION: Diane Von Dollen 1313 Sherman Street, Room 521 Denver, CO 80203 If you have any questions, please call Don Sandoval at (970) 679-4501 or me at (303) 866-3245. Sincerely, Beth Lipscomb Contracts Specialist Department of Local Affairs Denver Office Enclosures cc: Don Sandoval, DOLA Regional Manager 2013-1820 CDBG 12-519 — Weld County — Espanola Subdivision Phase I Waiver #: Catalog of Federal Domestic Assistance (CFDA) # 14.228 CMS Contract Routing # _57675 Encumbrance # F 14CDB 12519 Account Code(s): STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC FACILITIES GRANT AGREEMENT with WELD COUNTY TABLE OF CONTENTS 1. PARTIES 2 2. EFFECTIVE DATE and NOTICE OF NONLIABILITY 2 3. RECITALS 2 4. DEFINITIONS 2 5. TERM and EARLY TERMINATION 3 6. STATEMENT OF PROJECT 3 7. MATCHING FUNDS 3 8. GRANTEE FINANCIAL MANAGEMENT 3 9. PAYMENTS TO GRANTEE 4 10. REPORTING and NOTIFICATION 5 1I. GRANTEE RECORDS 5 12. CONFIDENTIAL INFORMATION - STATE RECORDS 6 13. CONFLICT OF INTEREST 6 14. REPRESENTATIONS and WARRANTIES 7 15. INSURANCE . 7 16. DEFAULT - BREACH 8 9 10 11 II 21. STATEWIDE CONTRACT MANAGEMENT SYSTEM - 11 II 23. COLORADO SPECIAL PROVISIONS 14 16 EXHIBIT A - APPLICABLE LAWS 1 EXHIBIT B - STATEMENT OF PROJECT (SOP) 1 EXHIBIT C - MAXIMUM INCOME LIMITS 1 EXHIBIT D - SUPPLEMENTAL PROVISIONS FOR FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006 (FFATA) 1 17. REMEDIES 18. NOTICES and REPRESENTATIVES 19. GOVERNMENTAL IMMUNITY 20. LEGAL RESIDENT 22. GENERAL PROVISIONS 24. SIGNATURE PAGE Form Revised: 06 2009 Page 1 of i6 a7©/ - /89G O CDBG 12-519— Weld County —Espanola Subdivision 1. PARTIES THIS GRANT AGREEMENT ("Grant") is entered into by and between WELD COUNTY ("Grantee"), and the STATE OF COLORADO (the "State") acting by and through the Colorado Department of Local Affairs (the "Department" or "DOLA") for the benefit of the Division of Local Government ("DLG"). 2. EFFECTIVE DATE and NOTICE OF NONLIABILITY This Grant shall not be effective or enforceable until approved and signed by the Colorado State Controller or authorized delegate ("Effective Date"), but shall be effective and enforceable thereafter in accordance with its provisions. The Department shall not be obligated to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision of this Grant prior to (see checked options below): A. Option ❑ The Effective Date. B. Option ® The later to occur of the Effective Date or the date of a separate letter issued by the Department ("Release of Funds Letter") notifying Grantee of the completion of a satisfactory environmental review and authorizing Grantee to obligate or use Grant Funds. 3. RECITALS A. Authority, Appropriation, and Approval Authority for this Grant arises from C.R.S. 24-32-106. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment and the required approval, clearance and coordination have been accomplished from and with appropriate agencies. B. Grantee Grantee is an eligible recipient of Grant Funds made available by the Program, as defined below, and awarded by this Grant. Grantee is aware of, willing and able to comply with all provisions specific to the Program, as set forth in Exhibit A and to complete the Project described in Exhibit B. C. Purpose and Department's Role The Department administers funds made available to the Department for the purpose as described in Exhibit B. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Effective Date "Effective Date" means the date this Grant is effective and enforceable in accordance with §2 above. B. Exhibits and Other Attachments "Exhibit" means the following, which are attached hereto and incorporated by reference herein: Exhibit A - Applicable Laws Exhibit B - Statement of Project Exhibit C —Maximum Income Limit Exhibit D — Supplemental Provisions for Federal Funding Accountability and Transparency Act of 2006 (FFATA). C. Goods "Goods" means any physical item produced or manufactured and acquired by Grantee either separately or in conjunction with the Services rendered hereunder that are required by the provisions hereof. D. Grant Funds "Grant Funds" means the funds available for distribution by the Department to Grantee for use in connection with the Project, as set forth in the Recitals and Statement of Project sections hereof. E. Party or Parties "Party" means either the Department or Grantee. "Parties" means both the Department and Grantee. F. Program "Program" means the federal Community Development Block Grant, which provides funding for this Grant. G. Project "Project" means the Project described in the Recitals and Exhibit B. H. Project Budget "Project Budget" means the Project Budget described in Exhibit B. Page 2 of 16 CDBG 12-519 — Weld County — Espanola Subdivision I. Services "Services" means services performed or tangible material produced or delivered in completing the Project and in performance of Grantee's other obligations hereunder. J. Termination Date "Termination Date" means the date this Grant terminates as described in §5(A) below. K. Work Product "Work Product" means software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts, prepared by Grantee in completing the Project and in performance of Grantee's other obligations hereunder. 5. TERM and EARLY TERMINATION A. Initial Term - Work Commencement The term of this Grant shall commence on the Effective Date and terminate on July 31, 2014 unless terminated earlier as provided below. Grantee's obligations under this Grant shall be undertaken and performed in the sequence and manner set forth in Exhibit B. Performance of this Grant shall commence as soon as practicable after (see checked option below): i. O the Effective Date; or the later to occur of the Effective Date and the date set forth in a Release of Funds Letter. B. Department's Option to Extend The Department, in its sole discretion and upon written notice to Grantee, may unilaterally extend the term of this Grant for a period of up to three months under the same provisions as the original Grant if the Parties are negotiating a replacement contract (and not merely seeking a term extension) at or near the end of any initial term or an extension thereof. This extension shall terminate at the earlier of either the end of the three month period or when a replacement Grant is signed by the Parties and approved by the State Controller or authorized designee. Any other extension of the term of this Grant requires an amendment made in accordance with the Modification subsection of the General Provisions below. C. Early Termination This Grant is subject to early termination in accordance with the general remedies provisions of §17 below and as specifically otherwise provided for herein. 6. STATEMENT OF PROJECT Grantee shall complete the Project and perform its other obligations as described herein and in Exhibit B. Grantee shall prosecute its obligations hereunder and in Exhibit B with due diligence to completion. The Department, in its sole discretion, but in accordance with limitations imposed by the Office of the State Controller, may change budgetary lines in the Project Budget section of Exhibit B. The Department shall send notice of such changes within 60 days in accordance with §18 below. 7. MATCHING FUNDS A. Amount Grantee shall provide matching funds as specified in Exhibit B and shall report to the Department regarding the status of such funds as required in Exhibit B. B. Breach Grantee's failure 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 provide such matching funds during the term hereof. 8. GRANTEE FINANCIAL MANAGEMENT A. Accounts Grantee shall maintain properly segregated accounts of Grant funds, matching funds, and other funds associated with the Project and make those records available to the Department on request. All receipts and expenditures associated with the Project shall be documented in a detailed and specific manner, in accordance with the Project Budget set forth in Exhibit B. Page 3 of 16 CDBG 12-519 — Weld County — Espanola Subdivision B. Project Budget Line Item Adjustments Regarding budget lines within the Project Budget, Grantee may: i. ❑ not adjust individual budget line amounts without approval of the Department. Such approval shall be in the form of: a) a notice issued by the Department in accordance with §18 below; or b) an amendment in accordance with the Modification subsection of the General Provisions (§22) below. adjust individual budget line amounts without the Department's approval if: a) there are no transfers to or between administration budget lines; and b) the cumulative budgetary line item changes do not exceed the lesser of fifteen percent of the total budgeted amount or $20,000. 9. PAYMENTS TO GRANTEE Grantee shall be paid in the following amounts and manners, subject to retum of any unexpended Grant Funds: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the Department shall be $275,000.00 (TWO HUNDRED SEVENTY FIVE THOUSAND and XX/100 DOLLARS), as determined by the Department from available funds. The Department shall reimburse Grantee for costs approved in the Grant budget, set forth in Exhibit B. Satisfactory performance under the terms of this Grant shall be a condition precedent to the Department's obligation to reimburse Grantee. The maximum amount of Grant Funds payable as reimbursement under this Grant, and any extension hereof, shall include all Grantee's fees, costs and expenses. B. Payment All payments are subject to §17 below. i. Time Grantee periodically shall submit invoices to the Department in the form and manner set forth in Exhibit B, and attach timesheets, receipts and other requested documentation in the form and manner approved by the Department. Grantee shall submit requests for reimbursement/invoices within 30 days after the end of the period for which payment is requested, and final billings under this Grant shall be received by the Department within 45 days after termination hereof. Untimely requests for payment may be accepted at the sole discretion of the Department. ii. Method Payments shall be made by one of the following methods: a) by mutually agreeable method including in -person pickup, b) electronic funds transfer (EFT) if Grantee provides written EFT instructions to the Department on a form acceptable to the Department, or c) via the U.S. Postal Service or other delivery service addressed as specified by Grantee in the remittance address section of Exhibit B. iii. Erroneous Payments, Unexpended and Excess Funds Grantee shall refund payments made by the State in error for any reason, including, but not limited to overpayments or improper payments, within 15 days of discovering or receiving notice of such error. Any funds paid to Grantee hereunder not expended in connection with this Grant by the termination date shall be refunded by Grantee within 15 days of such date. Any funds not required to complete Grantee's obligations hereunder shall be de -obligated by the State. If Grantee receives funds hereunder during any fiscal year in excess of its spending limit for such fiscal year, Grantee shall refund all excess funds to the State within 15 days of the later of discovering or receiving notice of such excess. Erroneous, unexpended, and excess funds received by Grantee under this Grant shall not be refunded or paid to any party other than the State. iv. Available Funds — Contingency - Termination The Department 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 §23(A)2 (Colorado Special Provisions), set forth below. If federal funds are used with this Grant in whole or in part, the Department's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the Department's liability for such payments shall be limited to the amount remaining of such encumbered funds. C. Additional Funds Grantee shall provide any additional or matching funds necessary to perform its obligations in accordance with the budget in Exhibit B. Page 4 of 16 CDBG 12-519 — Weld County — Espanola Subdivision D. Remedies If state or federal funds are not appropriated, or otherwise become unavailable to fund this Grant, the State may immediately terminate the Grant in whole or in part without further liability in accordance with §17(B) below. If additional funds under §9(C) are unavailable in whole or part, the State may, in its sole discretion, reduce its total funding commitment hereunder in proportion to the reduction in additional funds. If Grantee fails to refund payments as set forth in §9(B)(iii) above, the State may offset the amount not returned against any other unpaid funds the State owes Grantee under any other grant, agreement, or obligation between the Parties. 10. REPORTING and NOTIFICATION Reports and analyses required under this section shall be made in accordance with procedures and in such form as prescribed by the Department. _ A. Performance, Progress, Personnel, and Funds Grantee shall comply with all reporting requirements set forth in Exhibit B. B. Litigation Within 10 days after being served with any pleading related to this Grant or the Project, in a legal action filed with a court or administrative agency, Grantee shall notify the Department of such action and deliver copies of such pleadings to the Department's principal representative in accordance with §18 below. If a Department principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of the Department. C. Noncompliance Grantee's failure to provide reports and notify the Department in a timely manner in accordance with this section may result in the delay of payment of funds and/or termination under §17 below. 11. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall maintain a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Project or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record Retention Period) until the last to occur of the following: I. a period of five years after the date this Grant is completed or terminated, or 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 or any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Records Retention Period to assure compliance with the terms hereof or to evaluate Grantee's performance. The Depat latent reserves the right to inspect the Project at all reasonable times and places during the term of this Grant, including any extension. The provisions of §§14(E),16, and/or 17 below shall apply if Project performance does not conform to Grant requirements. C. Monitoring Grantee also shall permit the State, the federal government or any other duly authorized agent of a governmental agency, in the sole discretion of such governmental agency, to monitor all activities conducted by Grantee pursuant to this Grant, using any reasonable procedure, at the discretion of such governmental agency, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on -site checking, and formal audit examinations. All such monitoring shall be performed in a manner which will not unduly interfere with Grantee's performance hereunder. D. Final Audit Report If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit one copy of the final audit report to the Department's principal representative at the address specified in §18 below. Page 5 of 16 CDBG 12-519 — Weld County — Espanola Subdivision 12. CONFIDENTIAL INFORMATION - STATE RECORDS Grantee acknowledges that it may become privy to confidential information in connection with its performance hereunder, including but not limited to State records, personnel records, and information concerning individuals ("Confidential Information"). The following applies if Grantee receives confidential information: A. Confidentiality Grantee shall keep all Confidential Information confidential at all times and comply with all laws and regulations concerning confidentiality of information to the same extent applicable to the Department. Any request or demand for information in the possession of Grantee made by a third party shall be forwarded immediately to the Department's principal representative for resolution. B. Notification Grantee shall notify each of its agents, employees, sub -grantees, subcontractors and assigns (each a "Related Party") who may come into contact with Confidential Information that such party is subject to the confidentiality requirements set forth herein, and shall provide each Related Party with a written explanation of such requirements before permitting such party to access any information of the Department. C. Use, Security, and Retention Confidential Information of any kind shall not be distributed or sold to any third party or used by Grantee or a Related Party in any way, except as authorized by this Grant and as approved by the Department. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other Confidential Information wherever located. Confidential Information shall not be retained in any files or otherwise by Grantee or a Related Party, except as set forth in this Grant and approved by the Department. D. Disclosure - Liability Disclosure of State records or other Confidential Information by Grantee or a Related Party for any reason may be cause for legal action against Grantee or such Related Party by the State or third parties and defense of any such action shall be Grantee's sole responsibility. E. Health Insurance Portability & Accountability Act of 1996 ("HIPAA") This section ❑ shall, or shall not ® apply to this Grant. Federal law and regulations governing the privacy of certain health information requires a "Business Associate Contract" between the Department and Grantee. 45 C.F.R. Section 164.504(e). Attached and incorporated herein by reference and agreed to by the Parties is a HIPAA Business Associate Addendum for HIPAA compliance. Terms of the Addendum shall be considered binding upon execution of this Grant and shall remain in effect during the term of this Grant, including any extension. 13. CONFLICT OF INTEREST A. Definition and Appearance Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the Department's interests. Absent the Department's prior written approval, Grantee shall refrain from any practices, activities or relationships which reasonably appear to be in conflict with the full performance of Grantee's obligations to the Department hereunder. Grantee shall comply with the provisions of C.R.S. 184-308 and 24-18-101 through 109. B. Specific Prohibitions Grantee's and sub -grantee's respective officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Grantee's potential sub -grantees, or parties to subcontracts. Grantee's employees, officers, agents or any permitted sub -grantees shall not participate in the selection, award, or administration of this Grant or any sub -grant or subcontract, if an actual or apparent conflict of interest would occur. Such a conflict would arise when any of the following has a financial or other interest in the firm selected for award: i. an employee, officer, agent or board member; ii. any member of the employee's immediate family; iii. an employee's partner; or iv. an organization, which employs, or is about to employ, any of the aforementioned. C. Determination by Department - Default If Grantee is uncertain as to the existence of a conflict of interest, Grantee shall submit to the Department a disclosure statement setting forth the relevant details for the Department's consideration. Failure to promptly submit a disclosure statement or to follow the Department's direction in regard to the apparent conflict shall be considered a material default of this Grant and grounds for termination under the Termination for Cause subsection of §17 below. Page 6 of 16 CDBG 12-519 — Weld County — Espanola Subdivision D. Code of Performance Grantee, and sub -grantees and subcontractors, if any, shall maintain a written code of standards governing the performance of their respective employees, agents, and contractors engaged in the award and administration of this Grant, or subcontract or sub -grant, if any. Grantee shall provide a copy of such code to the Department within 10 days of the Department's written request therefore. 14. REPRESENTATIONS and WARRANTIES The Parties make the following specific representations and warranties to each other, upon which each is relying in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest professional standard of care, skill and diligence. Grantee shall perform its obligations hereunder in the sequence and manner set forth in Exhibit B. B. Inspection and Verification The Department reserves the right to inspect and monitor Grantee's performance hereunder at all reasonable times and places to verify that they conform to the requirements of Exhibit B. The provisions of §§14(E), 16, and/or 17 below shall apply if Grantee's performance does not conform to Grant requirements. C. Legal Authority - Grantee and Grantee's Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant and to bind Grantee to its terms. The person signing and executing this Grant on behalf of Grantee hereby represents and warrants and guarantees that they have full authorization to do so. If requested by the Department, Grantee shall provide the Department the basis for Grantee's authority to enter into this Grant within 15 days of receiving such request. D. Licenses, Permits, etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it will have, at its sole expense, all licenses, certifications, approval, insurance, permits, and other authorization required by law to perform its obligations hereunder. Additionally, all employees of Grantee performing services under this Grant shall hold the required licenses or certifications, if any, to perform their duties. Grantee, if a foreign corporation or other entity transacting businessin the State of Colorado, further certifies that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non - renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform this Grant, shall be deemed to be a default by Grantee and grounds for termination under §17(A) below. E. Breach If the Grantee breaches any of its representations or warranties, the Department may require Grantee to promptly perform its obligations again in conformity with Grant requirements, at no additional cost to the Department. If such breaches cannot be, or are not cured, the Department may, in addition to any other remedies provided for in this Grant, require Grantee to take necessary action to ensure that future performance conforms to the provisions of this Grant; and equitably reduce the payment due to Grantee to reflect the reduced value of the Project. Any reduction, delay or denial of payment under this provision shall not constitute a breach of Grant or default by the Department. 15. INSURANCE Grantee and its sub -grantees and subcontractors shall obtain and maintain insurance as specified in this section at all times during the term of this Grant. All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, C.R.S. 24- 10-101 et seq., as amended (the "Governmental Immunity Act"), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under such Act. Grantee shall show proof of such insurance satisfactory to the Department, if requested by the Department. Grantee shall require each grant or contract with a sub -grantee or subcontractor which is a public entity, providing Goods or Services in connection with this Grant, to include the insurance requirements necessary to meet sub -grantee's liabilities under the Act. Page 7 of 16 CDBG 12-519 — Weld County — Espanola Subdivision ii. Non -Public Entities If Grantee is not a "public entity" within the meaning of the Governmental Immunity Act, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in subsection B of this section with respect to sub -grantee's and subcontractors which are not "public entities". B. Sub -grantees and Subcontractors Grantee shall require each contract with a sub -grantee or subcontractor, other than those that are public entities, providing Goods or Services in connection with this Grant to include insurance requirements substantially similar to the following: i. Workers' Compensation Workers' Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of sub -grantee or subcontractor employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 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. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, sub -grantee or subcontractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with this provision. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured Grantee and the State shall be named as additional insureds on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of the sub -grantee or subcontractor shall be primary over any insurance or self-insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non -renewal without at least 45 days prior notice to the Grantee and 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 the Grant and secured and maintained by Grantee's sub -grantees or subcontractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Each of Grantee's subcontractors and sub -grantees shall provide certificates showing insurance coverage required hereunder to Grantee within seven business days of the Effective Date, but in no event later than the commencement of the Services or delivery of the Goods under the subcontract or sub -grant. No later than 15 days prior to the expiration date of any such coverage, each subcontractor or sub -grantee shall deliver to Grantee certificates of insurance evidencing renewals thereof. Upon request by the Department or at any other time during the term of a subcontract or sub -grantee, Grantee may request in writing, and the subcontractor or sub -grantee shall thereupon within 10 days supply to Grantee, evidence satisfactory to Grantee and the Department of compliance with the provisions of this section. 16. DEFAULT - BREACH A. Defined In addition to any breaches or defaults specified in other sections of this Grant, including, but not limited to the Colorado Special Provisions in §23 below, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a default or breach. The institution of Page 8 of 16 CDBG 12-519 — Weld County — Espanola Subdivision proceedings under any bankruptcy, insolvency, reorganization or similar legislation, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof; shall also constitute a default. B. Notice and Cure Period In the event of a default or breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §18 below. If such default or breach is not cured within 30 days of receipt of written notice or, if a cure cannot be completed within 30 days, cure of the default or breach has not begun within said period and pursued with due diligence, the aggrieved Party may terminate this Grant by providing written notice thereof, as provided for in §18 below, specifying the effective date of the termination. Notwithstanding anything to the contrary herein, the Department, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 17. REMEDIES If Grantee is in default or breach under any provision of this Grant, the Depai hment shall have all of the remedies listed in this section in addition to all other remedies set forth in other sections of this Grant. The Department may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Default If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the Department may notify Grantee of such non-performance in accordance with §16 above and §18 below. If Grantee thereafter fails to promptly cure such non-performance within the cure period, the Depai intent, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the Department of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in the termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date, of such notice, and shall also terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the Department all Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within the Grant terms. In the sole discretion of the Department, Grantee shall assign to the Department all of Grantee's rights, title, and interest under such terminated orders or subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the Department has an interest. All materials owned by the Department in the possession of Grantee shall be immediately returned to the Department. All Work Product, at the option of the Department, shall be delivered by Grantee to the Department and shall become the Department's property. ii. Payments The Department shall pay Grantee only for accepted performance received up to the date of termination. If, after termination by the Department, it is determined that Grantee was not in default or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described in §17(B) below. iii. Damages and Withholding Notwithstanding any other remedial action by the Department, Grantee also shall remain liable to the Department for any damages sustained by the Department by virtue of any default under this section by Grantee and the Department may withhold any payment to Grantee for the purpose of mitigating the Department's damages, until such time as the exact amount of damages due to the Department from Grantee is determined. Further, the Department may withhold amounts due to Grantee as the Department deems necessary to protect the Department against loss because of outstanding liens or claims of former lien holders and to reimburse the Department for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the Department in procuring from third parties replacement Services or substitute Goods as cover. B. Early Termination for the Public Interest The Department is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Govemor, General Assembly, and Courts. If this Grant ceases to further the public policy of the State, the Department, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the Department of this right shall not be deemed a breach of the Department's obligations hereunder. This subsection Page 9 of 16 CDBG 12-519 — Weld County — Espanola Subdivision shall not apply to a termination of this Grant by the Department for cause or default by Grantee, which shall be governed by §17(A) above. i. Method and Content The Department shall notify Grantee of the termination in accordance with §16 above and §18 below specifying the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with §17(A)(i) above. iii. Payments If this Grant is terminated by the Department in furtherance of the public interest of the State of Colorado, Grantee shall be paid for satisfactory performance up to the date of termination less payments previously made. C. Remedies Not Involving Termination The Department, its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to the Department: i. Suspend Performance Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the Department without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the Department's directive and the Department shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in services are satisfactorily completed and /or acceptable goods are provided. iii. Deny Payment Deny payment for those Services not performed and/or Goods not provided and which due to circumstances caused by the Grantee cannot be performed or provided or, if performed or provided, would be of no value to the Department; provided, that any denial of payment must be reasonably related to the value of work, performance or Goods lost to the Department. iv. Removal Demand removal of any of Grantee's employees, agents, or subcontractors whom the Depai lucent deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the Department's best interest. Replacement of any key personnel hereunder shall be done in accordance with the relevant provisions of Exhibit B. 18. NOTICES and REPRESENTATIVES Each individual identified below is the principal 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, 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. Department: Chantal Unfug, Director of Local Government Colorado Department of Local Affairs 1313 Sherman Street, Room 523 Denver, CO 80203 Email: Chantal.unfug@state.co.us B. Grantee: The Honorable William F. Garcia, Chair, Board of County Commissioners Weld County 1150 O Street Greeley, CO 80631 Email: n/a Page 10 of 16 CDBG 12-519 — Weld County — Espanola Subdivision 19. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, C.R.S. 24-10- 101 et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, C.R.S. 24-30-1501 et seq., as amended. 20. LEGAL RESIDENT This section O shall, or shall not ® apply to this Grant. Grantee must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to C.R.S. 24-76.5-101 et seq. when such individual applies for public benefits provided under this Grant by requiring the following: A. Identification: The applicant shall produce one of the following personal identifications: 1. A valid Colorado driver's license or a Colorado identification card, issued pursuant to article 2 of title 42, C.R.S.; or ii. A United States military card or a military dependent's identification card; or iii. A United States Coast Guard Merchant Mariner card; or iv. A Native American tribal document. B. Affidavit The applicant shall execute an affidavit herein attached as Form 1, Affidavit of Legal Residency, stating: i. That they are a United States citizen or legal permanent resident; or ii. That they are otherwise lawfully present in the United States pursuant to federal law. 21. STATEWIDE CONTRACT MANAGEMENT SYSTEM [This section shall apply when the maximum amount in §9(A) above is $100,000 or higher.] By entering into this Grant, the Grantee agrees to be governed, and to abide, by the provisions of C.R.S. 24-102-205, 24- 102-206, 24-103-601, 24-103.5-101 and 24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. The Grantee's performance shall be evaluated in accordance with the terms and conditions of this Grant, State law, including C.R.S. 24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation of the Grantee's performance shall be part of the normal contract administration process and the Grantee's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Grant. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Grant term. The Grantee shall be notified following each performance review and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation determine that the Grantee demonstrated a gross failure to meet the performance measures established under the Statement of Project, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the DOLA, and showing of good cause, may debar the Grantee and prohibit the Grantee from bidding on future contracts. The Grantee may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (C.R.S. 24-105-102(6)); or (ii) under C.R.S. 24-105-102(6), exercising the debarment protest and appeal rights provided in C.R.S. 24-109-106, -107, -201 or - 202, which may result in the reversal of the debarment and reinstatement of the Grantee, by the Executive Director, upon showing of good cause. 22. GENERAL PROVISIONS A. Assignment Except as otherwise specifically provided in Exhibit B, Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted, without the prior, written consent of the State. Any attempt at assignment, transfer, or subcontracting without such consent shall be void. All assignments, transfers, or subcontracts/subcontractors approved by Grantee or the State shall be subject to the provisions hereof. Grantee shall be solely responsible for all aspects of subcontracting arrangements and performance. Page 11 of 16 CDBG 12-519 — Weld County — Espanola Subdivision B. Binding Effect Unless otherwise provided herein, all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Agreement may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous addition, deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein. F. Indemnification 1. Intergovernmental Grants If this is an intergovernmental Grant, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. ii. Non -Intergovernmental Grants If this is not an intergovernmental Grant,. Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, subcontractors, or assignees pursuant to the terms of this Grant. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Agreement shall be held in the State of Colorado and the Parties herby agree that venue shall be proper in the City and County of Denver. H. List of Selected Applicable Laws Grantee at all times during the performance of this Grant shall comply with all applicable Federal and State laws and their implementing regulations, currently in existence and as hereafter amended, including without limitation those set forth on Exhibit A, Applicable Laws, attached hereto, which laws and regulations are incorporated herein and made part hereof. Grantee also shall require compliance with such laws and regulations by sub -contractors under sub -contracts permitted by this Grant. I. Modification i. By the Parties Except as specifically provided in this Agreement, modifications of this Agreement shall not be effective unless agreed to in writing by both parties in an amendment to this Agreement, properly executed and approved in accordance with Colorado State law and State Fiscal Rules. ii. By Operation of Law This Agreement is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Agreement on the effective date of such change, as if fully set forth herein. J. Order of Precedence The provisions of this Agreement shall govern the relationship of the State and Grantee. In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Exhibit D — Supplemental Provisions for Federal Funding Accountability and Transparency Act (FFATA) ii. Exhibit A - Applicable Laws 111. §23 (Colorado Special Provisions) of this Grant agreement iV. The provisions of the main body of this Grant agreement V. Exhibit B - Statement of Project vi. Exhibit C — Maximum Income Limit Page 12 of 16 CDBG 12-519 — Weld County — Espanola Subdivision K. Severability Provided this Agreement can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. L. Survival of Certain Agreement Terms Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. M. Third Party Beneficiaries Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. N. Waiver Waiver of any breach of a term, provision, or requirement of this Agreement or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. O. CORA Disclosure To the extent not prohibited by federal law, this Grant and the performance measures and standards under C.R.S. 24- 103.5-101, if any, are subject to public release through the Colorado Open Records Act, C.R.S. 24-72-101 et seq. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 13 of 16 CDBG 12-519 — Weld County —Espanola Subdivision 23. COLORADO SPECIAL PROVISIONS A. These Special Provisions apply to all State contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. C.R.S. 24-30-202(1). This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. C.R.S. 24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. 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, C.R.S. 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be or shall be deemed to be an agent or employee of the state. Grantee shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this Grant. Grantee acknowledges that Grantee and its employees are not entitled to unemployment insurance benefits unless Grantee or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Grantee shall have no authorization, express or implied, to bind the state to any agreement, liability or understanding, except as expressly set forth herein. Grantee shall provide and keep in force workers' compensation (and provide proof of such insurance when requested by the state) and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 5. 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. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special. Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Grant or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. Page 14 of 16 CDBG 12-519 — Weld County —Espanola Subdivision 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. C.R.S. 24-18-201 and 24- 50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. 10. VENDOR OFFSET. C.R.S. 24-30-202(1) and 24-30-202.4. [Not applicable to intergovernmental agreements.] Subject to C.R.S. 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 C.R.S. 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 fmal agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES. C.R.S. 8-17.5-101. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services.] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Grant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E -Verify Program or the Department program established pursuant to C.R.S. 8-17.5- 102(5)(c). Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a contract with a subcontractor that fails to certify to Grantee that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E -Verify Program or Department program procedures to undertake pre- employment screening of job applicants while this Grant is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Grantee has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. 8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the Department program, Grantee shall deliver to the contracting State agency, institution of higher education or political subdivision a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and comply with all of the other requirements of the Department program. If Grantee fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. C.R.S. 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 C.R.S. 24-76.5-101 et seq., and (c) has produced one form of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Grant. (Colorado Special Provisions, revised 1/1/09) THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 15 of 16 CDBG 12-519 — Weld County — Espanola Subdivision 24. 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 WELD COUNTY By: William F. Garcia Name of Authorized Individual Title: Chair, Board of Weld County Commiss Official Title Qt Authorized Individual Date: *Signature JUL 17 2013 STATE OF COLORADO John W. Hickenlooper, GOVERNOR DEPARTMENT OF LOCAL AFFAIRS Date: PRE -APPROVED FORM CONTRACT REVIEWER By: Jus • A. Hamel, 'eddra rants Program Manager Date: 61-23-q j ALL GRANTS REQUIRE APPROVAL by the STATE CONTROLLER C.R.S. 24-30-202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. Page 16 01 16 &Oa -/S.074e' CDBG 12-519 — Weld County — Espanola Subdivision EXHIBIT A — APPLICABLE LAWS Laws, regulations, and authoritative guidance 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. 2 U.S.C. Chapter 26, et seq., as amended, Disclosure of Lobbying Activities 5. 5 U.S.C. 552a, as amended, Privacy Act of 1974 6. 8 U.S.C. 1101, Immigration and Nationality Act 7. 12 U.S.C. §§1701- 1701z-15, et seq., as amended, National Housing Act 8. 15 U.S.C. Chapter 49, et seq., as amended, Fire Prevention and Control 9. 16 U.S.C. Chapters 1-83, et seq., as amended, Conservation 10. 20 U.S.C. 1681-1688, Title IX, as amended, Education Amendment of 1972 11. 24 C.F.R. Subtitle A, Parts 0-82, et seq., as amended, Housing and Urban Development 12. 24 C.F.R. Subtitle B, Chapter I — XXV, et seq., as amended, Housing and Urban Development 13. 24 C.F.R. Part 58, Environmental Review Procedures For Entities Assuming HUD Environmental Responsibilities 14. 24 C.F.R. Part 570, Community Development Block Grant 15. 29 U.S.C. Chapter 8, §§201, 206, et seq., as amended, Labor 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. 31 U.S.C. Subtitle I - VI, et seq., as amended, Money and Finance 19. 40 U.S.C. Subtitle I, et seq., as amended, Federal Property and Administrative Services 20. 40 U.S.C. Subtitle II, et seq., as amended, Public Buildings and Works 21. 40 U.S.C. 276a— 276a-5, Davis -Bacon Act, as amended 22. 40 C.F.R. 1500-1508, as amended, Council on Environmental Quality Regulations Implementing NEPA 23. 41 C.F.R. Chapter 60, as amended, Executive Order 11246 24. 41 U.S.C. 35 et seq., Walsh -Healey Public Contracts Act 25. 41 U.S.C. 701, et seq., Drug Free Workplace Act of 1988 26. 42 U.S.C. Chapter 21, et seq., as amended, Civil Rights 27. 42 U.S.C. Chapter 45, et seq., as amended, Fair Housing 28. 42 U.S.C. Chapter 50, et seq., as amended, National Flood Insurance 29. 42 U.S.C. Chapter 55, et seq., as amended, National Environmental Policy 30. 42 U.S.C. Chapter 63, et seq., as amended, Lead -Based Paint Poisoning Prevention 31. 42 U.S.C. Chapter 69, et seq., as amended, Community Development 32. 42 U.S.C. Chapter 6A, et seq., as amended, Public Health Services 33. 42 U.S.C. Chapter 76, et seq., as amended, Age Discrimination in Federally Assisted Programs 34. 42 U.S.C. Chapter 89, et seq., as amended, Congregate Housing Services 35. 42 U.S.C. Chapter 85, et seq., as amended, Air Pollution Prevention and Control 36. 42 U.S.C. Chapter 126, et seq., as amended, Equal Opportunity for Individuals with Disabilities 37. 42 U.S.C. Chapter 130, et seq., as amended, National Affordable Housing 38. 42 U.S.C. 5301-5321, Housing and Community Development Act of 1974, as amended 39. 49 C.F.R. Part 24, as amended, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 40. C.R.S. 24-34-501 - 510 et seq., as amended, Colorado Housing Act of 1970, 41. C.R.S. 24-75-601 et seq., as amended, Legal Investment of Public Funds 42. Executive Order 11063, HUD Equal Opportunity in Housing, as amended by Executive Order 12259, Leadership and Coordination of Fair Housing in Federal Programs 43. Executive Order 11593, Protection and Enhancement of the Cultural Environment 44. Executive Order 11988, Floodplain Management 45. OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations 46. Community Development Block Grant (CDBG) Guidebook, which is located on the Department's website 47. P.L. 109-282, as amended by P.L. 110-252, Section 6202 — Federal Funding Transparency and Accountability Act of 2006, as amended. Page 1 of 1— Exhibit A — Applicable Laws CDBG 12-519 — Weld County —Espanola Subdivision EXHIBIT B — STATEMENT OF PROJECT (SOP) Community Development Block Grant (CDBG) — Public Facilities 1. GENERAL DESCRIPTION OF THE PROJECT(S). 1.1. Project Description. The Project consists of concrete paving of all the roads in the Espanola Subdivision including North 25th Court, N Street, and North 26th Court. The Work will include installation of inverted crowns and construction of drainage improvements, as well as approximately 6,200 lineal feet of concrete paving. The Espanola Subdivision lies near the City of Greeley boundaries in unincorporated Weld County (Grantee). The City provides water, sewer, and fire services to the subdivision. The Project will help mitigate flooding and stagnant water issues. Weld County will own the improvements. 1.2. Eligible expenses include those construction costs incurred in completing the concrete road paving and drainage improvements in the Espanola Subdivision. 1.3. Cost Savings derived while completing the Project shall be: 1.3.1. ❑ divided equally between the State and Grantee 1.3.2. ® split on a pro -rata basis between the State and Grantee 1.3.3. ❑ returned to the State 1.4. Matching Funds. Unless authorized in writing by the State, Grantee shall be responsible for meeting the required total matching funds for this Project, as identified under the "Other Funds" column of §7 below, during the term of this Grant. Matching funds shall not be considered matching funds for federal program purposes. 1.5. Section 3 of the HUD Act of 1968. This section ® shall, or shall not 0 apply to this Grant. When applicable, Grantee and sub -grantee shall to the greatest extent feasible, provide opportunities for training and employment that arise through HUD -financed projects to lower -income persons in the Project area, and that contracts be awarded to businesses located in the Project area or to businesses owned in substantial part, by residents of the Project area. Grantee shall follow the reporting requirement detailed in §6.1.4 below. 1.6. Federal Funding Accountability and Transparency Act of 2006, (Pub. L. 109-282) (Transparency Act, also known as FFATA). Grantee and sub -grantees 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 Attachment D - 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. DEFINITIONS 2.1. Low and Moderate Income Persons. This section ® shall, or shall not 0 apply to this Grant. Low and Moderate Income Persons are defined, for the purposes of this Grant, as: 2.1.1. ❑ Those persons who are members of very low-, low- and moderate -income families as set forth in Exhibit C 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) to be very low-, low- and moderate -income persons: 2.1.2.1. 0 based upon the most recent Census data. 2.1.2.2. ® using HUD approved income survey methodology. 2.1.3. O Those persons belonging to clientele groups who are generally presumed by HUD to be low - and moderate -income persons. 2.2. Guidebook refers to the Community Development Block Grant (CDBG) Guidebook, as updated periodically, and available on DOLA's website. 1 of 4 — Exhibit B — Statement of Project CDBG 12-519 — Weld County — Espanola Subdivision 3. DELIVERABLES 3.1. Outcome. The final outcome of this Project is to provide community and business sustainability by helping to create a suitable living environment. 3.2. Service Area. The performance of the services described within this Grant shall be located in the Espanola Subdivision in unincorporated Weld County, Colorado. 3.3. National Objective. This Project shall meet the national objective below: 3.3.1. ® Low/Moderate Income Benefit, area -wide. The Project will benefit the residents of the above specified service area. At least 115 of 128 persons, or 89.8% shall be low- to moderate - income persons as defined under §2.1 above. 3.3.2. ❑ Low/Moderate Income Benefit, limited clientele. The Project will benefit the clients of the services being provided by insert Grantee Name. The services are of such a nature that it can reasonably be expected a minimum of 51% will be low/moderate income. Currently, out of , or % of the clients being served are considered low/moderate income. Grantee shall present documentation at time of Project close-out that the minimum of 51% benefit has been met. Refer to §6.1.6 below for documentation and reporting requirements. 3.3.3. ❑ Low/Moderate Income Benefit, presumed by HUD. The Project will benefit (insert type of clientele) which is presumed by HUD to be made up of principally low/moderate income persons. 3.3.4. 0 Slum/Blight, on an area basis. Grantee has designated the area as a slum/blighted area. Grantee shall provide to the State a copy of the resolution designating the area being served as slum/blight and the basis for such determination prior to obligation of funds. The area exhibits: 3.3.4.1. ❑ substantial number of deteriorated or deteriorating buildings, or the pubic improvements throughout the area are in a general state of deterioration. 3.3.4.2. 0 public improvements throughout the area in a state of deterioration. 3.3.5. ❑ Slum/Blight, spot basis. Grantee has determined the Project will eliminate a specific condition of blight or physical decay not located in a designated slum or blighted area. 3.3.6. ❑ Urgent Need. This Project alleviates an existing condition which has been determined to pose a serious and immediate threat to the health or welfare of the community, and is of recent origin. Grantee has determined it was unable to finance the activity on its own and other sources of funding are not available. Grantee shall provide to the Department information regarding the origin and date the need occurred prior to obligation of funds. 4. PERSONNEL 4.1. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of Monica Mika, Director of Administrative Services (mmika@co.weld.co.us) an employee or agent of Grantee, who is hereby designated as the responsible administrator of this Project. 4.2. DLG Regional Manager. Don Sandoval. (970) 679-4501 or don.sandoval@state.co.us. 4.3. Replacement. Grantee shall immediately notify DLG if any key personnel cease to serve. If Grantee wishes to replace its key personnel, it shall notify DLG and seek its approval, which shall, be at DLG's sole discretion, as DLG issued this Grant in part reliance on Grantee's representations regarding its Key Personnel. Such notice shall specify why the change is necessary, who the proposed replacement is, what their qualification are, and when the change will take effect. Anytime key personnel cease to serve, DLG, in its sole discretion, may direct Grantee to suspend work on the Project until such time as their replacements are approved. All notices sent under this subsection shall be sent in accordance with §18 of the Grant. 5. PAYMENT Payments shall be made in accordance with the provisions set forth in §9 of the Grant. 2 of 4 — Exhibit B — Statement of Project CDBG 12-519 — Weld County —Espanola Subdivision 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 Payment(s) $261,250 Paid upon receipt of actual expense documentation and written requests from the Grantee for reimbursement of eligible program activities authorized by the Department. Final Payment $13,750 Paid upon substantial completion of the Project, provided that the Grantee has submitted, and the Department has approved, all required reports. Total $275,000 5.2. Remittance Address. If mailed, payments shall be remitted to the following address unless changed in accordance with §18 of the Grant: Weld County 1150 O Street Greeley, CO 80631 5.3. Interest. Grantee may keep interest earned from federal funds up to $100 per year for administrative expenses. Excess interest income shall be returned to DLG. 6. ADMINISTRATIVE REQUIREMENTS 6.1. Reporting. Grantee shall submit the following reports to the Department using the state -provided forms. The Department may withhold payment(s) if such reports are not submitted in a timely manner. When there is a conflict between the reporting requirement in this section and the Guidebook, the stricter requirement shall prevail. 6.1.1. Financial Status Reports. One copy of the quarterly Financial Status Report shall be submitted within 30 calendar days of the end of each calendar quarter. 6.1.2. Narrative Performance Reports. One copy of the quarterly Narrative Performance Report shall be submitted within 30 calendar days of the end of each calendar quarter. 6.1.3. Final Reports. Within 90 days after the completion of the Project or the final draw, whichever is later, Grantee shall submit one copy of the Project Completion Report, and two copies of the final Financial Status Report to the Department. 6.1.4. Section 3 Report. Two copies of the Section 3 report shall be submitted to the Deparment at Project close-out. 6.1.5. Single Audit Report. If Grantee is required to have a single audit, Grantee shall submit a copy of its audit report to DLG within 180 days of its fiscal year-end. 6.1.6. Verification of Limited Clientele. This subsection shall apply when §3.3.2 above is checked. Grantee shall keep on file verification of income eligibility for Project beneficiaries using income limits as provided in Exhibit C and updated annually on DOLA's website. 6.2. Monitoring. 6.2.1. Grantee. Grantee shall notify DLG at least 30 days in advance of Project being completed. DLG shall perform on -site monitoring, as outlined in the Monitoring section of the Guidebook, prior to Project close-out. 6.2.2. Sub -grantee. Grantee shall monitor its sub -grantees, if any, at least once during the term of this Project. Results of such monitoring shall be maintained on file. 3 of 4 — Exhibit B — Statement of Project CDBG 12-519 — Weld County —Espanola Subdivision 6.3. Change of Use. 6.3.1. During a period of five (5) years following the date of closeout of the Project by the State, Grantee may not change the use or planned use of the property acquired or improved unless: 1) the State determines the new use meets one of the national objectives of the CDBG program, and 2) the Grantee provides affected citizens with reasonable notice and an opportunity to comment on any proposed changes. If Grantee decides, after consultation with affected citizens that it is appropriate to change the use of the property to a use which the State determines does not qualify in meeting a CDBG national objective, Grantee shall reimburse to the State an amount equal to the current fair market value of the property, less any portion of the value attributable to expenditures of non- CDBG funds for acquisition of and improvements to, the property. 6.3.2. After the five (5) year period following the Project closeout date, no State restrictions on use of the property shall be in effect. 6.4. Construction. The following subsections shall apply on construction related Project/activities. 6.4.1. Bidding. Grantee shall provide to DLG all necessary forms relating to bidding and construction funded by CDBG funds as outlined in the Guidebook. 6.4.2. Compliance with Applicable Standards. Grantee, sub -grantees and subcontractors shall comply with all applicable statutory design and construction standards and procedures that may be required, including the standards required by Colorado Department of Public Health and Environment, and shall provide the State with documentation of such compliance. 6.4.3. Davis -Bacon Act. Grantee, its contractors and subcontractors shall comply with all the requirements of the Davis -Bacon Act in accordance with the requirements as outlined in the State's CDBG Guidebook's Labor and Construction Section. 6.5. Contract. 6.5.1. Any and all contracts entered into by the Grantee or any of its subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado. 6.5.2. Copies of any and all contracts, Intergovermental Agreements, and/or Memorandums of Understanding entered into by Grantee in order to accomplish this Project shall be submitted to the DLG Regional Manager for review upon execution. 6.6. Environmental Requirements. Grantee shall comply with all HUD environmental requirements and shall not obligate Grant funds prior to receipt of the written release of funds from the State. 6.7. Procurement Standard. Grantee shall follow appropriate procurement standards as outlined in the Guidebook, including the selection and payment of contractors, consultants, architects, engineers, and purchase of materials necessary for the completion of the Project. 6.8. Public Hearing. Grantee shall conduct at least one public hearing during the course of the Project to get input on its performance from citizens. Comments made during the public hearing shall be forwarded to the Department. 6.9. Recordkeeping. Grantee shall maintain records in accordance with recordkeeping requirements as outlined in the Guidebook. 7. PROJECT BUDGET Project Activities Total Cost CDBG Funds Other Funds Other Fund Source Construction/Improvements to Public Roadways $625,250 $275,000 $350,250 Grantee Total $625,250 $275,000 $350,250 4 of 4 — Exhibit B — Statement of Project CDBG 12-519 — Weld County — Espanola Subdivision EXHIBIT C - MAXIMUM INCOME LIMIT Exhibit C — Maximum Income Limits " AND "MODE 0 0 Ct ad C w ad 0 U b h cI c7 O U N ad v N CO N ❑ 0 ca J .,--,J O N En N E y ❑! y CO ❑ y 0 0 ° N 0 > U g ia o 00 ,- J 5 o O A 'O O 6 0 0 '' •o 0 0. ° O 9 0 W E •'❑O ,z e� _Ail) O ° n °'V O E R O"0 J JO G I b➢ CO E ,o .E C cip 4 Et Q W0 .^g- O .Y k W ❑ E O U V] O- W '0 00 O ❑ J O O v p Crh .0 o _ O' CO 3. O'd 0.) N W0 n b c, i Uy/ 4 220 0 . 0 0 G❑ .° o J 0 ,E 0 V y N E 00 = 0 E in o 01 E ❑ V O r Eb o sE C R' . H _ 1 J 0 0 • - 0 =I0.E.y o V L E g J Y ❑ > 9 O> VEo6a ❑ X > a ❑ _ 0 >. c 0 H ,0 -O a+ 00 r.)i. ' W 0 0 •0 o J N O O G O d . '0 ti'..00-, u m U o g n o go v m 3 °o g a U E o "'�' s. iv 0 O a> coO w O O u U CC O O 0 4 n U p o O c" o o > E 'a 0 �C.9.ro..a cn 0b"Y y J 0 �aJ��J 42 0 cn b0 s 0. G ❑ .- tin zi, °o Ca o = o U y 0 ..c Q . ° ❑ U .E E 2,-; t ..3 ❑ O O "O 00 0 0 0 c a 0 0." O ei J r O 3 0 m^ a0 O W 03 O.0 Household Size 0 CO 00 00 O a> n O O r. 0 a. 0 M O r-. N 0 O rn Type of Household 0 0 0ten 0 0 0 41 0 0 0 0 vn in in 0 0 0cn 0 0 0 On 4n 00 00 0 0O 0 0 0 00 0 00 0 Cl --i OM OMi Cl .- rn 00 OM On en CDCii en On 0 O Cl '- en en CD OMi 00 en Cl en Om CA W ten at en 00 Vl l0 V l0 en at en co 1D 00 Vl l0 fn d' 00 Vl V0 en 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N. O N tin N vc t. O H 0 O°i 00 N N Vn O N d1' N N H 0 N d' V1 (n N Z b Vl M V) en N VI N« in en at V N CY Vl en 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Vl ti Vl O In ViO Vl VO tin O Vl l vn ti in ten H O Vl 0 Vl Vl Vi Vl O N en VD Cl i ten 00 en V0 en VD h Cl en D V) 00N <n VD I-- V Vl enN d' 0) en Vl M Vl enr N N d' V' enb M N d' Vl M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Vl Vl Vl O Vl Vl Vl Vl Vl O Vl 0 0 0 Vl Vl Vl O Vl Vl Vl Vl Vl O Cl ON -N Cl N V VNi- Cl -N CCii On ClN-, Clat Cl ClN trn N VD cY Vl en VD Z VI en Vl on Vl en YD nr 1D V Vl en VI en 1/40 CY Vl en O O O O O O O O O O O O O O O O O O O O 0 0 O O Vl O O O Vl O ten O O O O O O O ten 0 0 0 in 0 41 0 0 0 Cl C\ N 00 N Ol at N 00 N 00 ct 00 N CA N 00 H lD N C N 00 lVD 00 ct N Cl 00 VNl en dN' CA On N VD V Cl 00 7 an VNl en Cl M 7 Cr, O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 V1 Vl if) Vl Vl Vl Vl Vl Vl V) Vl Vl O Vl n Vl VI Vl Vl N Vl n Vl Vl O O 01 00 O O OA en On 00 at 00 O N 0 O 01 00 O1 en O O C1 00 1p Vl N l0 1/40 in 0 Ci N 0 N b o0 10 in N at 10 (A no in N b N M N Vl rl d' N N Cl to d' in en Z N- N Vl m ct N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Vl O V) O Vi in 0 0 Vl O Vl n Vl O h O tin Vi O O Vi O , 00 ClN 00 00 ti ClN 00 ClN 00 Hi l0 00 ClN 00 N 0C ClN 00 CD, co M O\ ti 0 co en 0 M t° Ci 00 M H lO Ci H 00 M ' en fn N d- en d' N en N en Cl Vl en C en en N 'ct N d cn en N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Vl 0 0 0 tin Vl Vl 0 0 0 0 O O_ 0 Vl O O Vl in 0 Vl O O \0 N cr C\ VD N h 00 V Cl d' DA ND N V C1 V 00 l0 N Z en N en O en N VD N on O en 0 Vl Cl M ni en O VD Cl en N en O mt N cn N Z Cl cn N r1 N cn N Zen Z N cn N cn N V N en N 0 0 0 0 m 0 0 0 0 0 0 0 A F F 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O J 0 J 0 0 J 0 00.00000000V000000000000 0 o 0 o 0 o ^� o 0 o 0 o 0 o 0 J 0 o 0 J 0 J 0 •o 0 E O 0 0 E 0 >0. O <0. 0 E❑ 0❑ 0❑ 0❑ 0❑ 0CI ❑ ° 3'C C'0 3'0 3'° 3'0 3'° 3'0 3'° 3'° 3'° 3"° 0 0 0 0 O 0° 0° o On 0 o O o 0 0 0 0 0 0 0 0 3 3 3 3 a 3 a 3 a s a a ADAMS COUNTY ALAMOSA COUN AHOE COUNTY zF O U U BACA COUNTY BENT COUNTY F BOULDER CO BROOMFIELD COUNTY F CHAFFEE CO CHEYENNE COUNTY O U C) U CONEJOS COUNT E SRW Update 12/21/2012 CDBG 12-519 — Weld County — Espanola Subdivi 0 0 00 00 0 0 en 0 0 0 1/40 0 m 0 M 0 O a. N 0 O w Type of Household 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 In 0 In 0 Vt 0 Vt 0 Irk 0 tn 0 h Vt O O In ut 0 0 Vt 0 0 0 Vt Vt In 0 0 In In 0 en 0 en 0 en 0 en N en 0 M N en 0 10 N en N O en N N N en 01 N l M d' O M 01 M O1 enOl M Ql N M Ol N 110 N M 10 M 01 00 0 N N 000,14'1.-1d 10 M \0 en 10 en 10 en 00 to 10 M 00 ut 00 Vl co in N d- 10 en N d 00 Vl t� d' C-- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Vl O In 0 In 0 In 0 in In n 0 In In V1 In In in 0 0 Cr0 in n in In 0 n 0 0 In N M 10 en 1/40 en 10 en 10 N en 1/40 N N N N 00 In en 1/40 N N In 00 t-- 00 d 0 d to d- Vt <F Vl d' N In ut d' N In d' a, N d' 0 in d- Co M N In 00 N M Co N Co in en In M In M In M N. d" In en N - N d' t", d" lD d' Vl M 10 d" 10 M 10 en 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 In 0 in 0 in 0 In 0 In In In 0 In in 0 0 In In In 0 In 0 0 Vt Vt In 0 0 0 In In In - N- N N N- N N N- N N N 1/40 00 0 N N O N - N 7 O N 0 00 0000 00 N 00 b Vl M In M In Cr in en 10 d' In M 10 d- \0 d' 1/40 d- 00 en Vl en 1/40 d' l0 R 1/40 en In N In en 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 In 0 0 0 In 0 0 In In 0 In 0 0 0 0 in Vl 0 In 0 0 0 0 In N 00 N 00 N 00 N 00 N Co N 00 000 N 0000 � 00 N 00 N Cc N OO1 00 N N 0000 00 b Cc en 00 M of N d" N d' N d' N 10 en d' N 10 en 10 of 1/40 en Vl Cr d' N In M VD en In en Vl M Vl M 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 In Vt Vl in in V1 Vl In Vl Vl V1 Vl In Vl 0 0 n Vl 0 in In In in In Vl V1 ti In in 0 In 0 0000\ 000100010000000000 000 en d' 010010 to O0 N of 01 d' M N 10 N 00 N 10 N 1D 10 N N 0 t0 In 00 00 00 In O N 10 en en 10 In en en 01 0 00 0 d- N d' N d N d' N In en d N Vl en In M In en Vl M d' N Vl M Vl M In en of en CY en 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 In 0 In 0 Vl O In 0 In 0 In 0 In In 0 0 in 0 h 0 in O O In Vl Vl Vl Vt h me) N 00 N 00 N 00 N 00 w N 00 07 In+ en 00 t-- Co N 00 N 00 00 N N Co d- O 01 00 M 00 M 00 en 00 en 00 00 en 00 "-i of 01 ' d" N 00 M t-- Gl 00 -+ N 01 en N M l0 M N M N M N cn N dto M N d' M Vt M dM d' N M N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 of CoO<O- CoOdO. 00i d0. 00 b N d' 000 100 In O� O b N O In V 000 In O 0 N M 0000 a O N b M 0 en 0 en OM 0 en N en O M N In 0 en t-- 00 d' en 0 10 en t-- Vl 00 d- en M N M N <i N cn N of N enN dN d- M d- N M N M N d- N d- N d- N M N M N E E 8 E E E 8 6 H O 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 U U U U U U U U U U U U U U U V 4 U 4i U- U- U H U- U H °E)- °E)- U H U H U H U H U u U 44 U ,5s U U O 'U O U O O 'U O O 0 O 'U O 'U O O O `U O tl U El U U E8 U el orct 0 o L 0 0 0 y o t 0 0 el U U U 0 �"-• 0— 0— 0 '-� 0— 0— • 0— 0 '� 0— 0- 0— 0 H 0- 0 ti 0 '-� 0 ^' O 0O 0 O0 0 0 00 O 0O 0O O 0 O0 O 0O d O 0 0 0 0 a a a a a a a a as aaaaaa COSTILLA COUNTY CROWLEY COUNTY CUSTER COUNTY DELTA COUNTY DENVER COUNTY DOLORES COUNTY DOUGLAS COUNTY EAGLE COUNT ELBERT COUNTY EL PASO COUNTY FREMONT COUNTY GARFIELD COUNTY GILPIN COUNTY r 0 V 0 GUNNISON COUNTY HINSDALE COUNTY SRW Update 12/21/2012 CDBG 12-519 — Weld County — Espanola Subd 0 O >. N 0 0 0 N Vl 0 0 1r d' 0 0 en M 0 N a. N O O 0 Type of Household O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O to O Vt O N In In O 'n 0 in 0 in 0 N 0 'n 0 in 0 In 0 in in ut 0 0 0 in kn 0 en 0 en N en 00 Om 0 en in It •-I 0 0 en 0 en 0 en in 01 0 It N \0 0 en 0 en M CT en 01 N In M 01 M 01 N 00 O 0 en 01 en 01 en 01 In 0 It 01 en en 01 en 01 1O M 1D M 00 to 1/40 It 10 en 10 en N It 00 kn 1/40 en 0 M 10 en CO It N d- 10 d- 10 M 10 en 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 In O In 0 0 kr In In in O In 0 0 In In 0 In 0 In 0 In 0 In N& In 0 ut In O In O .-i 0 ,-+ O N N 00\0 '+ 0 r+ 0 00 ut N 0 V0 d' N .N-i in 01 �--i 0 N N A --� 0 01 01 N 0O 00 01 N N N Vt V0 N C1 N 01 N Q1 N .. 00 10 In 0 T N T t -- In en Vl en N d- 10 en in en in en N It N It In M In M In en 1/40 en 10 d- 10 It in en In en 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 In 0 in 0 in in 'n .n-i In 0 In 0 0 0 0 0 In o n o In 0 in 0 kenIn in Vl 0 In 0 M 10 en 10 N •' 1 00 M CO en 10 10 It O en 10 en 0 en 00 in 0 It O N M en 10 en l0 ut d- In d' N to N b In It n dt 0O N 0 It In It In d' h V N 1D N 01 00 In d. Vt d' Vl M Vl en N d' Vl M Vl M Vl M l0 It N V in en In M In M in en 1/40 en 0 en In M In en 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 in 0 In 0 In Vl Vl to In 0 Vl 0 0 In Vl Vl Vl O In 0 in 0 0 0 � In In In in in In N In N N O 00 10 ti N In N d• 10 In 01 ut N ut N .I. N 10 In —4 0 10 in. N In N Vl en Vl en 10 It In en in en in en CO en \0 It In en Vl M In en in en in en Vl en In en Vl M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 in 0 V 1 in 0 0 0 0 0 0 u t 0 0 0 0 0 0 0 0 0 0 V t 0 0 0 0 0 0 N 00 N CON 01 00 .ti N 00 N CO N N 10 01 N 00 N 00 N 00 10 0 00 0 00 0 N 0O N 00 N .C, N O1 N 00 O1 .-, N 01 N 01 CO 1/40 0 N N 01 N 01 N O1 01 en en N M N O1 N Cr, d' N d' N 10 en dt M d' N d• N In M CO M d- N d' N d' N It M In en in en d' N d- N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 kin 0 0 0 0 0 0 0 OT 00 001 OOO 0 In 01 In 001 00 0.• VI 00 In 0 1O 0kn C1 0000 In 00 CT 00 tn b 01 dd. 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O O O O 0 O O O O O O O 0 0 U 0 0 U U 0 U 0 0 0 U D 0 r0- 0 0 U' 0 H— 0 FG U 4 U- d- U H U- H- H- g- g 4 O N 0 H 0 E E E E0 E E E E E E E E E a E a O 0 0 0 y 0 0 0 0 0 0 0 0 0 0 U 0 U 0 0 0 U 0 U 0 i D 0 0 0 0 0 O O (""(14 0 0 U 0 O O O U O ltd O U EI O O U E.0,...0,...,0,..,0,„, r" "y i' 0-0-0-0 r -t 0 i—' 0 I-+ O' O H 0 H 0 ti 0 ,—i 00 H 0 I--1 O O O O O O p O 0 0 0 0 0 0 0 0 0 0 p O 00• 0 O 0 0 0 0 0 0 x a x a x a x a ,x a x a x a x a x a x a,x a x a x a x a a a JACKSON COUNTY JEFFERSON COUNTY SON COUNTY 0 LA PLATA COUNTY MER COUNTY a 0 U en e-fcl LINCOLN COUNTY LOGAN COUNTY MESA COUNTY O O U ya c4 MOFFAT COUNTY MONTEZUMA COUNTY MONTROSE COUNTY SRW Update 12/21/2012 0 0 aC 0. O O N 0 O b O 0 h 0 O N R. d' 0 0 0 P. 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'" 0 f+ 0 ii o F" U ^' 0.4 0 'v N ti .0 i1 0" 01-1 N 'v o I -I N rI N ^' .0o-"i 0 II N ti' 0 r aJ O O D O O D D a 0 a 0 0 Q 0 p 0 Q 0 p 0 o to o 0 0 0 Q 0 0 0 p 0. 2323232323232323232323232323232 a 2 a a a s 0 OTERO COUNTY OURAY COUNTY PARK COUNTY PHILLIPS COUNTY PITKIN COUNTY E PROWERS CO PUEBLO COUNTY O O O O U U O O al O ROUTT COUNTY SAGUACHE COUNTY SAN JUAN COUNTY SAN MIGUEL CO SEDGWICK CO IT COUNTY TELLER COUNTY WASHINGTON COUNTY WELD COUNTY zF O SRW Update 12/21/2012 CDBG 12-519 — Weld County — Espanola Subdivision EXHIBIT D - Supplemental Provisions for FFATA State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended Revised as of 3-20-13 The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. "Award" means an award of Federal financial assistance that a non -Federal Entity receives or administers in the form of: 1.1.1. Grants; 1.1.2. Contracts; 1.1.3. Cooperative agreements, which do not include cooperative research and development agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 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 contributions; and 1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non -Federal Entities. Award does not include: 1.1.12. Technical assistance, which provides services in lieu of money; 1.1.13. A transfer of title to Federally -owned property provided in lieu of money; even if the award is called a grant; 1.1.14. Any award classified for security purposes; or 1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5). 1.2. "Contract" means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above. 1.3. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.4. "Data Universal Numbering System (DUNS) Number" means the nine -digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website may be found at: http://fedqov.dnb.com/webform. Page 1 of 5 CDBG 12-519 — Weld County — Espanola Subdivision 1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart C; 1.5.1. A governmental organization, which is a State, local government, or Indian Tribe; 1.5.2. A foreign public entity; 1.5.3. A domestic or foreign non-profit organization; 1.5.4. A domestic or foreign for-profit organization; and 1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non - Federal entity. 1.6. "Executive" means an officer, managing partner or any other employee in a management position. 1.7. "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the "Transparency Act." 1.9. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award. 1.10. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's support in the performance of all or any portion of the substantive project or program for which the Award was granted. 1.11. "Subrecipient" means a non -Federal Entity (or a Federal agency under an Award or Subaward to a non -Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term "Subrecipient" includes and may be referred to as Subgrantee. 1.12. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9 -digit Data Universal Numbering System (DUNS) number that appears in the subrecipient's System for Award Management (SAM) profile, if applicable. 1.13. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.14. "System for Award Management (SAM)" means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. 1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following: 1.15.1. Salary and bonus; 1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.15.3. Earnings for services under non -equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4. Change in present value of defined benefit and actuarial pension plans; 1.15.5. Above -market earnings on deferred compensation which is not tax -qualified; 1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. Page 2 of 5 CDBG 12-519 — Weld County — Espanola Subdivision 1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA. 1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements. 3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor's information. 4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and 4.2. In the preceding fiscal year, Contractor received: 4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at htto://www.colorado.gov/dpa/dfp/sco/FFATA.htm. 6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions applies to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Page 3 of 5 CDBG 12-519 — Weld County — Espanola Subdivision Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de -obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below. 7.1 To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number; 7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account; 7.1.3 Subrecipient Parent DUNS Number; 7.1.4 Subrecipient's address, including: Street Address, City, State, Country, Zip + 4, and Congressional District; 7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and 7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract, the following data elements: 7.2.1 Subrecipient's DUNS Number as registered in SAM. 7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 8. Exemptions. 8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 8.3 Effective October 1, 2010, "Award" currently means a grant, cooperative agreement, or other arrangement as defined in Section 1.1 of these Special Provisions. On future dates "Award" may include other items to be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other types of Awards subject to the Transparency Act. 8.4 There are no Transparency Act reporting requirements for Vendors. 9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law or in equity. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 4 of 5 CDBG 12-519 — Weld County — Espanola Subdivision Federal Funding Accountability and Transparency Act (FFATA) Data Report Form Reporting is required for initial awards of $25,000 or more or award modifications that result in a total award of $25,000 or more. Information Field Definitions can be found in Exhibit D Response 1. County DUNS Number: 0757579550000 2. County's Legal Name: Weld County 3. County's Parent DUNS Number: (Report ONLY if different from County DUNS number) 4. Location of County Receiving Award: (Full street address, including City, State and Zip+4) 1150 O Street, Greeley, CO 80631-9596 5. Primary Location of Performance of the Award: (City, State and Zip+4) Greeley, CO 80631-9596 Answer True or False 6. In the preceding fiscal year, County received: 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. True b. 80% or more of its annual gross revenues from federal procurement contracts/subcontracts and/or federal financial assistance awards or sub -awards subject to the Transparency Act. True c. The public does not have access to information about the compensation of its five most highly compensated Executives through periodic reports filed through the Securities Exchange Act of 1934 or the IRS. False 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 D. Warden $249,085.09 M. Wallace $201,499.52 M. Mika $186,116.01 J. Griego $172,755.71 B. Barker $166,660.58 By signing below, I. certify the information contained in this report is complete knowledge. yy''` 1' \ _ and accurate to the best of my Signatu e of Responsible Administrator Date Page 5 of 5 Si Hato Authorit OFFICE OF BOARD OF COMMISSIONERS PHONE: 970-336-7204 FAX: 970-352-0242 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 and Delegation of Signatory Authorit DATE: January 20 2014 Ref. Contract Encumbrance Number: Along with this statement, the attached: Board Resolution Bylaws Policy X Other: 12-519 Administrative is to certify that the person named below has full signatory authority in regard to all contracts and corresponding documents associated with agreements entered into by: Board of County Commissioners Dou las Rademacher Name of Authorized Signatore Chair Title Signature Furthermore, if applicable, this statement certifies and hereafter delegates signatory authority to Barbara Connolly agent of authorizing and signing: X X X X Weld Coun Payment Requests Quarterly Financial Status Reports Quarterly Project Performance Reports Monitoring Documents Other ,an employee or for the purpose of The above designation will commence on the date of this statement and will apply for the duration of the following Contracts: Contract Encumbrance Number or Reference • 12-519 • • • • • • • d0/3- /A02o E� eC/ ,P Esther Gesick From: Sent: To: Cc: Subject: Attachments: Esther, Elizabeth Relford Thursday, January 16, 2014 3:20 PM Esther Gesick Jennifer Fuller; William Garcia; CTB; Barb Connolly FW: Spanish Colony Delegation of Authority Spanish Colony Delegation of Authority.doc I spoke with DOLA and the confirmed we can process this request Administratively and do not require a Resolution. The Chair's signature on the form is enough assurance to reassign the Contract Administrator duties to Barb Connolly. In addition, they said we can provide the signed copy electronically and keep the original in our files. Thanks for all your help! Elizabeth Elizabeth Belford Transportation Planner Weld County Public Works 1111 HStreet PO Box 758 Greeley, CO 80632-0758 Email: erelford@ca.weld.co.us Office: (970) 304-6496 Ext. 3748 Mobile: (970) 673-5836 Web: httn://wwwco.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Elizabeth Relford Sent: Wednesday, January 15, 2014 9:10 AM To: Jennifer Fuller; Esther Gesick Cc: CTB; William Garcia; Don Warden Subject: Spanish Colony Pre -App PH Notice.doc Hi Jenny, I have spoken with Commissioner Garcia about authorizing Barb Connolly as the Contract Administrator for the Espanola (Spanish Colony) CDBG. Can you please put this attachment on Commissioner Letterhead and I will work with Esther on getting a Resolution for Monday's BOCC agenda. Thanks, 1 Hello