HomeMy WebLinkAbout20111554.tiff RESOLUTION
RE: APPROVE EMERGENCY SHELTER GRANT AGREEMENT 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 an Emergency Shelter Grant Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Greeley/Weld County Housing Authority, and the
Colorado Department of Local Affairs, commencing July 1, 2011, and ending June 30, 2012, with
further terms and conditions being as stated in said agreement, and
WHEREAS,after review, the Board deems it advisable to approve said 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, ex-officio Housing Authority Board,that the Emergency Shelter Grant Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Greeley/Weld County Housing Authority, and the
Colorado 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 agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of June, A.D., 2011.
BOARD OF COUNTY C MMISSIONERS
W D COUNTY, COL DO
ATTEST:
rbara Kirkmeyer, hair
Weld County Clerk to th r
I EXCUSED
Sean P. Conway, Pro-Tem
Deputy Clerk to the Boar EXCUSED
• m F. Garcia
R D AS T M: ck
�APy avid E. Long
ount torney
r �n as R� emacher
Date of signature: /117/0//
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MEMORANDUM
DATE: July 17, 2011
TO: Commissioner Kirkmeyer
IDFROM: Tom Teixeira,Weld County Housing Authority WI C RE: 2011-2012 ESG Contract
COLORADO
Request approval and signing of the 2011-2012 Emergency Shelter Grant Contract with the State of
Colorado
Grant amounts:
Catholic Charities: $29,000.00
A Woman's Place $19,000.00
Greeley Transitional House $10,000.00
Stepping Stones of Windsor $4,500.00
Weld Housing Authority $4,000.00(admin)
Total $66,500.00
Request this be placed on the Agenda of the 6/27/2011 Housing Authority Board meeting.
Monthly reports are attached:
Request Work Session Approve BOCC Agenda
Sean Conway
Bill Garcia
Barbara Kirkmeyer
Dave Long
Doug Rademacher
2011-1554
STATE OF COLORADO
OF.._5gtpN
John W.Hickenlooper,Governor
Department of Local Affairs
�►�'� I Reeves Brown,Executive Director
Division of Housing
Pat Coyle,Director
HOUSING
MEMORANDUM
r :11 -
To: Tom Teixeira
From: Carrie Kronberg
Date: 8/10/2011
Re: Signed Contract#11-931
Enclosed is your copy of the ESG Contract #11-931 for Weld County Housing
Authority. Please retain this copy for your files.
Requests for reimbursement can only be provided with a fully executed contract.
Please submit to:
Division of Housing
ATTN: Carrie Kronberg
1313 Sherman Street, Room 500
Denver, CO 80203
If you have any questions or concerns, please call me at 303-866-2319.
Thank you.
1313 Sherman Street,Room 500,Denver,CO 80203,(303)866-2033
http://dolacolorado.gov FAX(303)866-4077 TDD(303)866-5300
Strengthening Colorado Communities
AGREEMENT
Between
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
And 6 allAIWG Summary
Form of Financial Assistance: ® Grant ❑ Loan Award Amount: $66,500.00
Agreement Identification:
Contract Encumbrance#: H2ESG11931 (DOLA'c primary contract identification #)
Contract Management System #: '�y 33 b (State of Colorado's contract tracking#)
Project Information:
Project/Award Number: 11-931
Project Name:
Performance Period: Start Date: 07/01/2011 End Date: 06/30/2012
Brief Description of Project/ This contract is to improve the quality of emergency shelters and services
Assistance: for homeless.
Program & Funding Information:
Program Name Emergency Shelter Grant
Catalog of Federal Domestic Assistance(CFDA)Number(if federal funds): 14.231
Funding Account Codes: 100-HCG0-661-5781-E13I -6661
ad//45
Page 1 of 17 54-/
TABLE OF CONTENTS
1. PARTIES 2
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 2
3. RECITALS 3
4.DEFINITIONS 3
5.TERM and EARLY TERMINATION. 4
6. STATEMENT OF PROJECT 4
7.PAYMENTS TO GRANTEE 5
8. REPORTING-NOTIFICATION 5
9.GRANTEE RECORDS 6
10.CONFIDENTIAL INFORMATION-STATE RECORDS 6
I L CONFLICTS OF INTEREST 7
12.REPRESENTATIONS AND WARRANTIES 7
13.INSURANCE 8
14.BREACH 9
15.REMEDIES 9
16.NOTICES and REPRESENTATIVES 11
17.RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE 11
18.GOVERNMENTAL IMMUNITY 12
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM 12
20.RESTRICTION ON PUBLIC BENEFITS 12
21.GENERAL PROVISIONS 13
COLORADO SPECIAL PROVISIONS 15
SIGNATURE PAGE 17
EXHIBIT A-APPLICABLE LAWS
EXHIBIT B-STATEMENT OF PROJECT
EXHIBIT C-SUPPLEMENTAL PROVISIONS FOR FEDERAL FUNDING ACCOUNTABILITY AND
TRANSPARENCY ACT OF 2006(FFATA)
EXHIBIT D RENT AND INCOME LIMIT
EXHIBIT E-PROJECT PERFORMANCE PLAN
FORM 1 RESIDENCY DECLARATION
FORM2 GRANT H
FORM 3 USE COVENANT
FORM 1 PROMISSORY NOTE
FORM 5 DEED OF TRUST
1. PARTIES
This Agreement(hereinafter called"Grant")is entered into by and between Weld County Housing Authority
(hereinafter called"Grantee"), and the STATE OF COLORADO acting by and through the Department of Local
Affairs for the benefit of the Colorado Division of Housing(hereinafter called the"State"or"DOLA").
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY.
This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller
or designee(hereinafter called the"Effective Date"). The State shall not be liable to pay or reimburse Grantee
for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any
provision hereof prior to (see checked option(s) below):
A. ®The Effective Date.
B. ❑The 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.
C. ❑The Effective Date; provided, however,that all Project costs, if specifically authorized by the funding
authority, incurred on or after March 1,20XX, may be submitted for reimbursement as if incurred after
the Effective Date.
D. ❑ insert date for authorized pre-agreement costs, as defined in§4 below and/or in Exhibit B, Statement
of Project. Such costs may be submitted for reimbursement as if incurred after the Effective Date.
Page 2 of 17
E. ❑The Effective Date; provided, however, that the costs identified in the checked subsections below may
be submitted for reimbursement as if incurred after the Effective Date (see checked suboption(s) below):
i. All Project costs, if specifically authorized by the funding authority, incurred on or after insert
federal grant's effective date; and
ii. ❑ Pre-award costs for insert purpose, if any, incurred on or after insert starting date allowed under the
federal award for pre-award costs.
F. ❑ All or some of the costs or expenses incurred by Grantee prior to the Effective Date which have been
or will be paid with non-federal funds may be included as a part of Grantee's non-federal match
requirement,set forth herein and in Exhibit B, Statement of Project, if such costs or expenses are
properly documented as eligible expenses in accordance with insert reference to proper documentation.
3. RECITALS
A. Authority,Appropriation,And Approval
Authority to enter into this Grant exists in CRS §24-32-705(I)(i)and funds have been budgeted,
appropriated and otherwise made available and a sufficient unencumbered balance thereof remains
available for payment. Required approvals, clearance and coordination have been accomplished from and
with appropriate agencies.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Grant.
C. Purpose
The purpose of this grant agreement is described in Exhibit B.
D. References
All references in this Grant to sections(whether spelled out or using the § symbol),subsections,exhibits or
other attachments,are references to sections, subsections, exhibits or other attachments contained herein or
incorporated as a part hereof,unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Evaluation
"Evaluation"means the process of examining Grantee's Work and rating it based on criteria established in
§6 and Exhibit B.
B. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein:
i. Exhibit A (Applicable Laws)
ii. Exhibit B (Statement of Project)
iii. Exhibit C(Supplemental Provisions for Federal Funding Accountability and Transparency Act)
iv. Exhibit D(Rent& Income Limit)
v. Exhibit E(Project Performance Plan
vi. Form I (Residency Declaration)
vii. Form 2(Grant Funding Change Letter)
viii. Form 3 (Use Covenant)
ix. Form 4 (Promissory Note)
x. Form 5 (Deed of Trust)
C. Goods
"Goods"means tangible material acquired,produced, or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
D. Grant
"Grant" means this agreement, its terms and conditions, attached exhibits,documents incorporated by
reference, and any future modifying agreements,exhibits, attachments or references incorporated herein
pursuant to Colorado State law, Fiscal Rules, and State Controller Policies.
E. Grant Funds
"Grant Funds"means available funds payable by the State to Grantee pursuant to this Grant.
F. Party or Parties
"Party"means the State or Grantee and "Parties"means both the State and Grantee.
Page 3 of 17
G. Pre-contract costs
"Pre-agreement costs", when applicable, means the costs incurred on or after the date as specified in§2
above, and the Effective Date of this Grant. Such costs shall have been detailed in Grantee's grant
application and specifically authorized by the State and incorporated hereinto Exhibit B.
H. Project Budget
"Project Budget"means the budget for the Work described in Exhibit B.
I. Program
"Program"means the grant program,as specified on the first page,that provides the funding for this Grant.
J. Review
"Review"means examining Grantee's Work to ensure that it is adequate,accurate,correct and in
accordance with the criteria established in§6 and Exhibit B
K Services
"Services"means the required services to be performed by Grantee pursuant to this Grant.
L. Subgrantee
"Subgrantee"means third-parties, if any, engaged by Grantee to aid in performance of its obligations.
M. Work
"Work"means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhibit B, including the performance of the Services and delivery of the Goods.
N. Work Product
"Work Product"means the tangible or intangible results of Grantee's Work, including,but not limited to,
software, research, reports, studies, data, photographs,negatives or other finished or unfinished documents,
drawings,models, surveys, maps, materials, or work product of any type, including drafts.
5. TERM and EARLY TERMINATION.
A. Initial Term-Work Commencement
Unless otherwise permitted in§2 above,the Parties respective performances under this Grant shall
commence on the later of the Effective Date or July 1,2011. This Grant shall terminate on June 30,2012
unless sooner terminated or further extended as specified elsewhere herein.
B. Two Month Extension
The State, at its sole discretion upon written notice to Grantee as provided in§16,may unilaterally extend
the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement
Grant(and not merely seeking a term extension)at or near the end of any initial term or any extension
thereof. The provisions of this Grant in effect when such notice is given, including, but not limited to
prices,rates, and delivery requirements, shall remain in effect during the two month extension.The two-
month extension shall immediately terminate when and if a replacement Grant is approved and signed by
the Colorado State Controller.
6. STATEMENT OF PROJECT
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibit B.The State
shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the
termination of this Grant.
B. Goods and Services
Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the
State.
C. Employees
All persons employed by Grantee or Subgrantees shall be considered Grantee's or Subgrantees'
employee(s)for all purposes hereunder and shall not be employees of the State for any purpose as a result
of this Grant.
7. PAYMENTS TO GRANTEE
The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the
methods set forth below:
Page4of 17
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is$66,500.00,as determined by the
State from available funds. Grantee agrees to provide any additional funds required for the successful
completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as
set forth in Exhibit B.
B. Payment
i. Advance,Interim and Final Payments
Any advance payment allowed under this Grant or in Exhibit B shalt comply with State Fiscal Rules
and be made in accordance with the provisions of this Grant or such Exhibit.Grantee shall initiate any
payment requests by submitting invoices to the State in the form and manner set forth and approved by
the State.
ii. Interest
The State shall not pay interest on Grantee invoices. The State shall fully pay each invoice within 45
days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted
by the State.
iii.Available Funds-Contingency-Termination
The State is prohibited by law from making fiscal commitments beyond the term of the State's current
fiscal year. Therefore,Grantee's compensation is contingent upon the continuing availability of State
appropriations as provided in the Colorado Special Provisions,set forth below. If federal funds are
used with this Grant in whole or in part, the State's performance hereunder is contingent upon the
continuing availability of such funds. Payments pursuant to this Grant shall be made only from
available funds encumbered for this Grant and the State's liability for such payments shall be limited
to the amount remaining of such encumbered funds. If State or federal funds are not fully
appropriated,or otherwise become unavailable for this Grant,the State may immediately terminate
this Grant in whole or in part to the extent of funding reduction without further liability in accordance
with the provisions herein.
iv. Erroneous Payments
At the State's sole discretion, payments made to Grantee in error for any reason, including,but not
limited to overpayments or improper payments, and unexpended or excess funds received by Grantee,
may be recovered from Grantee by deduction from subsequent payments under this Grant or other
Grants,grants or agreements between the State and Grantee or by other appropriate methods and
collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the
State.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit B.
D. Matching/Leveraged Funds
Grantee shall provide matching and/or leveraged funds in accordance with Exhibit B.
8. REPORTING-NOTIFICATION
Reports, Evaluations, and Reviews required under this§8 shall be in accordance with the procedures of and in
such form as prescribed by the State and in accordance with §19, if applicable.
A. Performance,Progress,Personnel,and Funds
Grantee shall submit a report to the State upon expiration or sooner termination of this Grant,containing an
Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In
addition,Grantee shall comply with all reporting requirements, if any, set forth in Exhibit B.
B. Litigation Reporting
Within 10 days after being served with any pleading in a legal action filed with a court or administrative
agency,related to this Grant or which may affect Grantee's ability to perform its obligations hereunder,
Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal
representative as identified herein. If the State's principal representative is not then serving,such notice and
copies shall be delivered to the Executive Director of DOLA.
C. Noncompliance
Grantee's failure to provide reports and notify the State in a timely manner in accordance with this§8 may
result in the delay of payment of funds and/or termination as provided under this Grant.
Page 5 of 17
D. Subgrants
Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be
submitted to the State or its principal representative upon request by the State. Any and all subgrants
entered into by Grantee related to its performance hereunder shall comply with all applicable federal and
state laws and shall provide that such subgrants be governed by the laws of the State of Colorado.
9. GRANTEE RECORDS
Grantee shall make,keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records,documents,communications, notes and other written materials, electronic media files,and
communications,pertaining in any manner to the Work or the delivery of Services(including,but not
limited to the operation of programs)or Goods hereunder.Grantee shall maintain such records(the
"Record Retention Period")until the last to occur of the following:(i)a period of five years after the date
this Grant is completed or terminated, or final payment is made hereunder,whichever is later,or(ii)for
such further period as may be necessary to resolve any pending matters,or(iii) if an audit is occurring, or
Grantee has received notice that an audit is pending,then until such audit has been completed and its
findings have been resolved.
B. Inspection
Grantee shall permit the State,the federal government and any other duly authorized agent of a
governmental agency to audit, inspect,examine, excerpt,copy and/or transcribe Grantee's records related to
this Grant during the Record Retention Period for a period of five years following termination of this Grant
or final payment hereunder,whichever is later,to assure compliance with the terms hereof or to evaluate
Grantee's performance hereunder.The State reserves the right to inspect the Work at all reasonable times
and places during the term of this Grant, including any extension. If the Work fails to conform to the
requirements of this Grant,the State may require Grantee promptly to bring the Work into conformity with
Grant requirements,at Grantee's sole expense. If the Work cannot be brought into conformance by re-
performance or other corrective measures,the State may require Grantee to take necessary action to ensure
that future performance conforms to Grant requirements and exercise the remedies available under this
Grant,at law or inequity in lieu of or in conjunction with such corrective measures.
C. Monitoring
Grantee shall permit the State,the federal government, and other governmental agencies having
jurisdiction, in their sole discretion,to monitor all activities conducted by Grantee pursuant to the terms of
this Grant using any reasonable procedure, including,but not limited to: internal evaluation procedures,
examination of program data, special analyses,on-site checking, formal audit examinations,or any other
procedures.All monitoring controlled by the State shall be performed in a manner that shall not unduly
interfere with Grantee's performance hereunder.
D. Final Audit Report
Grantee shall provide a copy of its audit report(s)to DOLA as specified in Exhibit B.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
Grantee shall comply with the provisions on this §10 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information, includes,but is not necessarily limited to,
state records,personnel records, and information concerning individuals.
A. Confidentiality
Grantee shall keep all State records and information confidential at all times and to comply with all laws
and regulations concerning confidentiality of information.Any request or demand by a third party for State
records and information in the possession of Grantee shall be immediately forwarded to the State's
principal representative.
B. Notification
Grantee shall notify its agent,employees, Subgrantees,and assigns who may come into contact with State
records and confidential information that each is subject to the confidentiality requirements set forth herein,
and shall provide each with a written explanation of such requirements before they are permitted to access
such records and information.
Page 6 of 17
C. Use,Security, and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee
or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee
shall provide and maintain a secure environment that ensures confidentiality of all State records and other
confidential information wherever located. Confidential information shall not be retained in any files or
otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause for
legal action by third parties against Grantee, the State or their respective agents.Grantee shall, to the extent
permitted by law, indemnify, save,and hold harmless the State, its employees and agents,against any and
all claims,damages, liability and court awards including costs,expenses, and attorney fees and related
costs, incurred as a result of any act or omission by Grantee,or its employees, agents, Subgrantees,or
assignees pursuant to this §10.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or personal activities or practices or maintain any relationships which
conflict in any way with the full performance of Grantee's obligations hereunder.Grantee acknowledges that
with respect to this Grant,even the appearance of a conflict of interest is harmful to the State's interests. Absent
the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that
reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a
conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of
interest exists,Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in
regard to the apparent conflict constitutes a breach of this Grant.
12. REPRESENTATIONS AND WARRANTIES
Grantee makes the following specific representations and warranties, each of which was relied on by the State in
entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and
diligence in the industry,trades or profession and in the sequence and manner set forth in this Grant.
B. Legal Authority—Grantee and Grantee's Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions
required by its procedures, by-laws,and/or applicable laws to exercise that authority, and to lawfully
authorize its undersigned signatory to execute this Grant,or any part thereof,and to bind Grantee to its
terms. If requested by the State,Grantee shall provide the State with proof of Grantee's authority to enter
into this Grant within 15 days of receiving such request.
C. Licenses,Permits, Etc.
Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term
hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other
authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain
all necessary licenses, certifications,approvals, insurance,permits, and other authorizations required to
properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds.
Additionally,all employees and agents of Grantee performing Services under this Grant shall hold all
required licenses or certifications, if any,to perform their responsibilities. Grantee, if a foreign corporation
or other foreign entity transacting business in the State of Colorado, further warrants that it currently has
obtained and shall maintain any applicable certificate of authority to transact business in the State of
Colorado and has designated a registered agent in Colorado to accept service of process.Any revocation,
withdrawal or non-renewal of licenses,certifications,approvals, insurance, permits or any such similar
requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a
material breach by Grantee and constitute grounds for termination of this Grant.
13. INSURANCE
Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during
the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to Grantee and the State.
Page 7 of 17
A. Grantee
i.Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS
§24-10-101, et seq., as amended (the "GIA"), then Grantee shall maintain at all times during the term
of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet
its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if
requested by the State. Grantee shall require each subgrant with Subgrantees that are public entities,
providing Goods or Services hereunder,to include the insurance requirements necessary to meet
Subgrantee's liabilities under the GIA.
ii. Non-Public Entities
If Grantee is not a"public entity" within the meaning of the GIA,Grantee shall obtain and maintain
during the term of this Grant insurance coverage and policies meeting the same requirements set forth
in§13(B)with respect to Subgrantees that are not"public entities".
B. Grantees and Subgrantees
Grantee shall require each Grant with Subgrantees,other than those that are public entities, providing
Goods or Services in connection with this Grant,to include insurance requirements substantially similar to
the following:
i. Worker's Compensation
Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance
covering all of Grantee and Subgrantee employees acting within the course and scope of their
employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, fire damage, independent contractors,products and
completed operations,blanket contractual liability, personal injury,and advertising liability with
minimum limits as follows: (a)$1,000,000 each occurrence; (b)$1,000,000 general aggregate;(c)
$1,000,000 products and completed operations aggregate; and(d)$50,000 any one fire. If any
aggregate limit is reduced below$1,000,000 because of claims made or paid, Subgrantee 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 insured on the Commercial General Liability and
Automobile Liability Insurance policies(leases and construction Grants require additional insured
coverage for completed operations on endorsements CG 2010 11/85,CG 2037,or equivalent).
v. Primacy of Coverage
Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance
program carried by Grantee or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-renewal without
at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in
accordance with§16(Notices and Representatives)within seven days of Grantee's receipt of such
notice.
vii.Subrogation Waiver
All insurance policies in any way related to this Grant and secured and maintained by Grantee or its
Subgrantees 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.
viii. Malpractice/Professional Liability Insurance
This section O shall I ® shall not apply to this Grant.
Grantee and subgrantees shall maintain in full force and effect a Professional Liability Insurance
Policy in the minimum amount of$1,000,000 per occurrence and $3,000,000 in the aggregate, written
on an occurrence form, that provides coverage for its work undertaken pursuant to this Grant. If a
policy written on an occurrence form is not commercially available,the claims-made policy shall
Page 8 of 17
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remain in effect for the duration of this Grant and for at least two years beyond the completion and
acceptance of the work under this Grant, or, alternatively, a two year extended reporting period must
be purchased. The Grantee named in this Grant shall be responsible for all claims, damages, losses or
expenses, including attorney's fees, arising out of or resulting from the Grantee's performance of
professional services under the Grant.
C. Certificates
Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to
the State within seven business days of the Effective Date of this Grant.No later than 15 days prior to the
expiration date of any such coverage,Grantee and each Subgrantee shall deliver to the State or Grantee
certificates of insurance evidencing renewals thereof. In addition,upon request by the State at any other
time during the term of this Grant or any subgrant,Grantee and each Subgrantee shall, within 10 days of
such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this
§13.
14. BREACH
A. Defined
In addition to any breaches specified in other sections of this Grant,the failure of either Party to perform
any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner,
constitutes a breach.The institution of proceedings under any bankruptcy, insolvency,reorganization or
similar law,by or against Grantee,or the appointment of a receiver or similar officer for Grantee or any of
its property,which is not vacated or fully stayed within 20 days after the institution or occurrence thereof,
shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach,notice of such shall be given in writing by the aggrieved Party to the other Party in
the manner provided in§16. If such breach is not cured within 30 days of receipt of written notice,or if a
cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued
with due diligence,the State may exercise any of the remedies set forth in§15.Notwithstanding anything
to the contrary herein,the State, in its sole discretion,need not provide advance notice or a cure period and
may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety
or to prevent immediate public crisis.
15. REMEDIES
If Grantee is in breach under any provision of this Grant,the State shall have all of the remedies listed in this
§15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period
set forth in§14(B).The State may exercise any or all of the remedies available to it, in its sole discretion,
concurrently or consecutively. If the form of financial assistance is a loan, as specified in the table on page 1 of
this Grant,and in the event of a termination of this Grant, such termination shall not extinguish Grantee's
obligations under the Promissory Note and the Deed of Trust, if attached to this Grant and specified in §4(B)
above.
A. Termination for Cause and/or Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its
completion in accordance with the provisions of this Grant and in a timely manner,the State may notify
Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to
promptly cure such non-performance within the cure period,the State, at its option, may terminate this
entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform.
Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall
continue performance of this Grant to the extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or render
further performance hereunder past the effective date of such notice, and shall terminate outstanding
orders and subgrants/subcontracts with third parties. However,Grantee shall complete and deliver to
the State all Work, Services and Goods not cancelled by the termination notice and may incur
obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State,
Grantee shall assign to the State all of Grantee's right,title,and interest under such terminated orders
or subgrants/subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary
action to protect and preserve property in the possession of Grantee in which the State has an interest.
Page 9 of 17
All materials owned by the State in the possession of Grantee shall be immediately returned to the
State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall
become the State's property.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of termination. If,after
termination by the State, it is determined that Grantee was not in breach or that Grantee's action or
inaction was excusable, such termination shall be treated as a termination in the public interest and the
rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public
interest,as described herein.
iii.Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State
for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the
State may withhold any payment to Grantee for the purpose of mitigating the State's damages,until
such time as the exact amount of damages due to the State from Grantee is determined.The State may
withhold any amount that may be due to Grantee as the State deems necessary to protect the State,
including loss as a result of outstanding liens or claims of former lien holders,or to reimburse the
State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for
excess costs incurred by the State in procuring from third parties replacement Work, Services or
substitute Goods as cover.
B. Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the public policy of the State of
Colorado,as determined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further
the public policy of the State,the State, in its sole discretion, may terminate this Grant in whole or in part.
Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder.This
subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which
shall be governed by §15(A)or as otherwise specifically provided for herein.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the
effective date of the termination and whether it affects all or a portion of this Grant.
ii. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations
and rights set forth in§15(A)(i).
iii.Payments
If this Grant is terminated by the State pursuant to this§15(B),Grantee shall be paid an amount which
bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily
performed bear to the total Services covered by this Grant, less payments previously made.
Additionally, if this Grant is less than 60%completed, the State may reimburse Grantee for a portion
of actual out-of-pocket expenses(not otherwise reimbursed under this Grant) incurred by Grantee
which are directly attributable to the uncompleted portion of Grantee's obligations hereunder;
provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to
Grantee hereunder.
C. Remedies Not Involving Termination
The State,at its sole discretion, may exercise one or more of the following remedies in addition to other
remedies available to it:
i. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary
corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or
performance schedule. Grantee shall promptly cease performance and incurring costs in accordance
with the State's directive and the State shall not be liable for costs incurred by Grantee after the
suspension of performance under this provision.
ii. Withhold Payment
Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and
completed.
Page 10 of 17
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iii.Deny Payment
Deny payment for those obligations not performed, that due to Grantee's actions or inactions,cannot
be performed or, if performed, would be of no value to the State; provided, that any denial of payment
shall be reasonably related to the value to the State of the obligations not performed.
iv. Removal
Demand removal of any of Grantee's employees, agents,or Subgrantees whom the State deems
incompetent,careless, insubordinate,unsuitable,or otherwise unacceptable, or whose continued
relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest.
v. Intellectual Property
If Grantee infringes on a patent,copyright,trademark,trade secret or other intellectual property right
while performing its obligations under this Grant, Grantee shall, at the State's option(a)obtain for the
State or Grantee the right to use such products and services; (b)replace any Goods, Services,or other
product involved with non-infringing products or modify them so that they become non-infringing;or,
(c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods,
Services,or products and refund the price paid therefore to the State.
16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party.All notices required to
be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
Party's principal representative at the address set forth below. In addition to,but not in lieu of a hard-copy
notice, notice also may be sent by e-mail to the e-mail addresses, if any,set forth below. Either Party may from
time to time designate by written notice substitute addresses or persons to whom such notices shall be sent.
Unless otherwise provided herein, all notices shall be effective upon receipt.
A. State:
Pat Coyle, Housing Director
Colorado Division of Housing
1313 Sherman Street, Room 500
Denver,Colorado 80203
Email: pat.coylegstate.co.us
• B. Grantee:
Barbara Kirkmeyer,Chair, Board of County
Commissioners
Weld County Housing Authority
P.O. Box 130
Greeley, Colorado, 80632
Email: bkirkmeyer@co.weld.co.us
17. RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE
This section❑ shall I ® shall not apply to this Grant.
Any software,research, reports,studies, data, photographs, negatives or other documents, drawings,models,
materials,or Work Product of any type, including drafts, prepared by Grantee in the performance of its
obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered
to the State by Grantee upon completion or termination hereof.The State's exclusive rights in such Work
Product shall include, but not be limited to, the right to copy, publish, display,transfer, and prepare derivative
works. Grantee shall not use,willingly allow, cause or permit such Work Product to be used for any purpose
other than the performance of Grantee's obligations hereunder without the prior written consent of the State.
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary,nothing herein shall constitute a waiver,express or implied,
of any of the immunities, rights, benefits, protection, or other provisions of the GIA.Liability for claims for
injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions,
agencies, boards, officials,and employees is controlled and limited by the provisions of the GIA and the risk
management statutes, CRS §24-30-1501, et seq., as amended.
Page 11 of 17
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19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is$100,000 or greater, either on the Effective Date
or at anytime thereafter, this §19 applies.
Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601,
§24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion
of Grant performance information in a statewide Contract Management System.
Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation
and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's
performance will be systematically recorded in the statewide Contract Management System.Areas of Evaluation
and Review shall include,but shall not be limited to quality,cost and timeliness. Collection of information
relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific
requirements of such obligations and shall include factors tailored to match the requirements of Grantee's
obligations. Such performance information shall be entered into the statewide Contract Management System at
intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the
end of the Grant term. Grantee shall be notified following each performance Evaluation and Review,and shall
address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
meet the performance measures established hereunder,the Executive Director of the Colorado Department of
Personnel and Administration (Executive Director), upon request by the Department of Local Affairs, and
showing of good cause,may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may
contest the final Evaluation, Review and Rating by: (a)filing rebuttal statements, which may result in either
removal or correction of the evaluation(CRS §24-105-102(6)), or(b)under CRS §24-105-102(6), exercising the
debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202,which may result in the
reversal of the debarment and reinstatement of Grantee,by the Executive Director, upon a showing of good
cause.
20. RESTRICTION ON PUBLIC BENEFITS
This section ❑ shall I ® shall not apply to this Grant.
Grantee must confirm that any individual natural person is lawfully present in the United States pursuant to CRS
§24-76.5-101 et seq. when such individual applies for public benefits provided under this Grant by requiring the
applicant to:
A. Produce an identification document in accordance with §2.1.1 through §2.1.3 of Colorado Department of
Revenue's Rule ill CCR 201-17, Rule for Evidence of Lawful Presence, as amended.
B. Execute an affidavit herein attached as Form 1,Residency Declaration,stating
i. That he or she is a United States citizen or legal permanent resident; or
ii. That he or she is otherwise lawfully present in the United States pursuant to federal law.
[The following applies if Grant is funded with federal funds].
Notwithstanding the foregoing, to the extent that there is any conflict with the provisions above or those set
forth in the Residency Declaration attached hereto as Form 1 and any provision of federal law,the provisions of
federal law shall prevail.
21. GENERAL PROVISIONS
A. Assignment and Subgrants
Grantee's rights and obligations hereunder are personal and may not be transferred,assigned or subgranted
without the prior,written consent of the State. Any attempt at assignment,transfer,or subgranting without
such consent shall be void. All assignments,subgrants, or subgrantees approved by Grantee or the State are
subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting
arrangements and performance.
Page 12 of 17
•
B. Binding Effect
Except as otherwise provided in §21(A), all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors,
and assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference only, and shall not be used to
interpret,define,or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts,all of which shall constitute one
agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings between the Parties and all prior
representations and understandings,oral or written,are merged herein.Prior or contemporaneous additions,
deletions,or other changes hereto shall not have any force or effect whatsoever,unless embodied herein.
F. Indemnification-General
Grantee shall, to the extent permitted by law, indemnify,save,and hold harmless the State, its employees
and agents,against any and all claims,damages, liability and court awards including costs, expenses,and
attorney fees and related costs, incurred as a result of any act or omission by Grantee,or its employees,
agents, Subgrantees,or assignees pursuant to the terms of this Grant; however,the provisions hereof shall
not be construed or interpreted as a waiver,express or implied, of any of the immunities, rights,benefits,
protection,or other provisions,of the Colorado Governmental Immunity Act,CRS §24-10-101 et seq.,or
the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
G. Jurisdiction and Venue
All suits,actions,or proceedings related to this Grant shall be held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
H. List of Selected Applicable Laws
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 subgrantees under subgrants permitted by this Grant.
I. Loan Forms
If the form of financial assistance provided by the State is a loan,as specified in the table on page 1 above,
Grantee shall execute a promissory note substantially equivalent to Form 3. If required,Grantee shall
record a Deed of Trust substantially equivalent to Form 4 with the county in which the property resides..
J. Modification
i. By the Parties
Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless
agreed to in writing by the Parties in an amendment hereto,properly executed and approved in
accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller
Policies, including, but not limited to,the policy entitled MODIFICATION OF CONTRACTS-
TOOLS AND FORMS.
ii. By Operation of Law
This Grant is subject to such modifications as may be required by changes in Federal or Colorado
State law, or their implementing regulations. Any such required modification automatically shall be
incorporated into and be part of this Grant on the effective date of such change, as if fully set forth
herein.
iii.Grant Funding Change Letter
The State may increase or decrease funds available under this Grant and modify selected other
provisions of this agreement using a Grant Funding Change Letter substantially equivalent to Form 2.
The provisions of the Grant Funding Change Letter shall become part of and be incorporated into the
original agreement. The Grant Funding Change Letter is not valid until it has been approved by the
State Controller or designee.
Page 13 of 17
MCA= "Sv:.,....,a `"=.11111.=
K. Order of Precedence
i. This Grant.
The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those
provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents
in the following order of priority:
a) Exhibit C Supplemental Provisions for Federal Funding Accountability and Transparency Act,
if included in §4(B)above herein.
b) Colorado Special Provisions
c) The provisions of the main body of this Grant
d) Exhibit A(Applicable Laws)
e) Exhibit B(Statement of Project)
t) Exhibit E(Project Performance Plan)
ii. Loan Document.This section shall apply if the form of financial assistance,as specified in the table
on page 1 above, is a loan. In the event of conflicts or inconsistencies between this Grant and the Deed
of Trust or the Promissory Note,such conflicts or inconsistencies shall be resolved by reference to the
documents in the following order of priority:
a) The Promissory Note
b) This Grant
c) The Deed of Trust
L. Severability
Provided this Grant can be executed and performance of the obligations of the Parties accomplished within
its intent,the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof.
M. Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance,
compliance,or effect after termination hereof, shall survive such termination and shall be enforceable by
the State if Grantee fails to perform or comply as required.
N. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32(No. 84-730123K)and from all
State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions
apply when materials are purchased or services rendered to benefit the State;provided however,that certain
political subdivisions(e.g., City of Denver)may require payment of sales or use taxes even though the
product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State
is prohibited from paying for or reimbursing Grantee for them.
O. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and
not to any third party. Any services or benefits which third parties receive as a result of this Grant are
incidental to the Grant, and do not create any rights for such third parties.
P. Waiver
Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder,
whether explicitly or by lack of enforcement,shall not be construed or deemed as a waiver of any
subsequent breach of such term,provision or requirement, or of any other term, provision,or requirement.
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Page 14 of 17
COLORADO SPECIAL PROVISIONS
The Special Provisions apply to all Grants except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1).
This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
2. FUND AVAILABILITY. CRS§24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
3. GOVERNMENTAL IMMUNITY.
No term or condition of this Grant shall be construed or interpreted as a waiver,express or implied,of any
of the immunities,rights, benefits,protections, or other provisions,of the Colorado Governmental Immunity
Act,CRS §24-10-101 et seq., or the Federal Tort Claims Act,28 U.S.C. §§1346(b)and 2671 et seq.,as
applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent Grantee and not as an employee.Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation
benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or
any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its
employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay
when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this
Grant. Grantee shall not have authorization, express or implied,to bind the State to any Grant, liability or
understanding,except as expressly set forth herein. Grantee shall (a)provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law,(b)provide proof
thereof when requested by the State, and(c)be solely responsible for its acts and those of its employees and
agents.
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 15 of 17
9. EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire
any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Grantee's services and Grantee shall not employ any person having such known interests.
10. VENDOR OFFSET. CRS §§24-30-202(1)and 24-30-202.4.
[Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4(3.5),the State Controller
may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for:
(a)unpaid child support debts or child support arrearages; (b) unpaid balances of tax,accrued interest,or
other charges specified in CRS §39-21-101, et seq.;(c)unpaid loans due to the Student Loan Division of the
Department of Higher Education;(d)amounts required to be paid to the Unemployment Compensation
Fund; and(e)other unpaid debts owing to the State as a result of final agency determination or judicial
action.
11. PUBLIC GRANTS FOR SERVICES. CRS§8-17.5-101.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental Agreements, or information
technology services or products and services] Grantee certifies, warrants,and agrees that it does not
knowingly employ or contract with an illegal alien who shall perform work under this Grant and shall
confirm the employment eligibility of all employees who are newly hired for employment in the United
States to perform work under this Grant,through participation in the E-Verify Program or the State program
established pursuant to CRS §8-17.5-102(5)(c),Grantee shall not knowingly employ or contract with an
illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to
Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work
under this Grant. Grantee(a)shall not use E-Verify Program or State program procedures to undertake pre-
employment screening of job applicants while this Grant is being performed, (b)shall notify the Subgrantee
and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is
employing or contracting with an illegal alien for work under this Grant, (c)shall terminate the Subgrant if a
Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the
notice, and (d)shall comply with reasonable requests made in the course of an investigation,undertaken
pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee
participates in the State program,Grantee shall deliver to the granting State agency,Institution of Higher
Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the
legal work status of such employee,and shall comply with all of the other requirements of the State
program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq.,the
granting State agency, institution of higher education or political subdivision may terminate this Grant for
breach and, if so terminated, Grantee shall be liable for damages.
12. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101.
Grantee, if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of
perjury that he or she(a) is a citizen or otherwise lawfully present in the United States pursuant to federal
law,(b)shall comply with the provisions of CRS §24-76.5-101 et seq., and(c)has produced one form of
identification required by CRS §24-76.5-103 prior to the Effective Date of this Grant.
SPs Effective 1/1/09
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 16 of 17
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.
Board of Weld County Commissioners on
GRANTEE
behalf of Weld County Housing Authority STATE OF COLORADO
John W.Hickenlooper.,GOVERNOR
DEPARTMENT OF LOCAL AFFAIRS
By: Barbara Kirkmeyer
Name of Authorized Individual �
Title: Chair, Board of County CommissionerE BY: Ala
Official Title of Auth rized Individual Reeves Brow xecutive Director
ico9iii.l_IL— Al btre_./
gna[ure Date:
if/
Date:
JUN 2 7 2011 l
PRE-AP ' a ' . I FORM CONTRACT REVIEWER
:y:
� G!•� . sing Programs Manager
<-S7► g
Date: 1—‘tk—Ack
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State grants.This Grant is not valid until signed and
dated below by the State Controller or delegate.Grantee is not authorized to begin performance until such time.If
Grantee begins performing prior thereto,the State of Colorado is not obligated to pay Grantee for such performance
or for any goods and/or services provided hereunder.
STATE CONTROLLER
vid J.McDermott,CPA
By: /� , 4. La
l
Barbara M.Casey,CPA,Controller Delegate /
Date: 4- 1 I •-
do//—/5 2/
Page 17 of 17
arrearaccesarriarniscia =WS
ESG: Weld County Housing Authority/11-931
EXHIBIT A-APPLICABLE LAWS
Federal laws and regulations incorporated into this Grant include,without limitation:
1. Age Discrimination Act of 1975, 42 U.S.C. Sections 6101, et seq.
2. Age Discrimination in Employment Act of 1967,29 U.S.C. 621-634
3. Americans with Disabilities Act of 1990(ADA), 42 U.S.C. 12101,et seq.
4. Equal Pay Act of 1963,29 U.S.C.206(d)
5. Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b
6. Section 504 of the Rehabilitation Act of 1973,29 U.S.C. 794
7. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d
8. Title VII of the Civil Rights Act of 1964,42 U.S.C.2000e
9. Title IX of the Education Amendment of 1972,20 U.S.C. 1681,et seq.
10. Section 24-34-302, et seq.,Colorado Revised Statutes 1997, as amended
11. The applicable of the following:
11.1. Cost Principals for State, Local and Indian Tribal Governments, 2 C.F.R.225,(OMB Circular
A-87);
11.2. Cost Principals for Education Institutions,2 C.F.R. 220,(OMB Circular A-21);
11.3. Cost Principals for Non-Profit Organizations,2 C.F.R. 230,(OMB Circular A-122); and
11.4. Audits of States, Local Governments, and Non-Profit Organizations (OMB Circular A-133),
and/or the Colorado Local Government Audit Law, 29-1-601, et seq, C.R.S., and State
implementing rules and regulations.
11.5. Colorado Local Governments Audit Law. CRS 29-1-601 et. Seq.
11.6. Administrative requirements for grants and cooperative agreements to state, local and
federally recognized indian tribal governments.
11.7. Uniform administrative requirements for grants and agreements with institutions of higher
education,hospitals,and other non-profit organizations.
12. Cranston-Gonzales National Affordable Housing Act of 1990,PL 101-625.
13. McKinney-Vento Homeless Act of 1987,Title IV,as amended,42 U.S.C. 11371-78.
14. Colorado Housing Act of 1970, C.R.S. 1973,24-32-701 to 707.
15. Department of Housing and Urban Development — Independent Agencies Appropriations Act of
1989, P.L. 100-404 and Stewart B. McKinney Homeless Assistance Amendments Act of 1988, P.L.
100-628.
16. Emergency Shelter Grants Program: Stewart B. McKinney Homeless Assistance Act, Code of
Federal Regulations(C.F.R.),Title 24, Part 576.
17. Lead-Based Paint Poisoning Prevention Act—Title IV,42 U.S.C.4821.
18. Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 U.S.C. 1701(u).
19. Uniform Federal Accessibility Standards,24 C.F.R.,Part 40,Appendix A.
20. Indian Self-Determination and Education Assistance Act,25 U.S.C. 450e, Section 7b.
21. Termination of Assistance Procedures, Section 1402(d), Housing and Community Development Act
of 1992.
22. National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., as amended, and the
implementing regulations of Housing and Urban Development,24 C.F.R., Part 58.
23. Council on Environmental Quality,40 C.F.R., Parts 1500 through 1508.
Page I of I—Exhibit A—Applicable Laws
imirriernarra-k--ear it ietr irwnototnor"$a =11.. fli. arms
ESG: Weld County Housing Authority/I 1-931
EXHIBIT B—STATEMENT OF PROJECT (SOP)
1. GENERAL DESCRIPTION OF THE PROJECT
1.1. Project Description. The Emergency Shelter Grant(ESG)program helps to improve the quality of
emergency shelters and services for the homeless. Grantee shall provide services for the following ESG
activities,as defined in §7 below:Operations, Essential Services, Homeless Prevention and/or Staff
Operations.
1.2. Responsibilities. Grantee shall be responsible for the completion of the Project and to provide required
documentation to CDOH in a timely manner. Grantee will subgrant/subcontract withStepping Stone of
Windsor,Catholic Charities, A Women's Place and Greeley Transitional House which shall provide
services in Weld County.
2. DELIVERABLES
2.1. Outcome. The Project is to provide homeless services for households.
2.2. Service Area. The performance of the services described within this Grant shall be located in the Weld
County.
2.3. Project Performance Plan (PPP). All parties shall comply with the grant milestones,performance
goals and timelines attached hereto as Exhibit E.
3. PERSONNEL
3.1. Replacement. Grantee shall immediately notify the State if any key personnel specified in§3 cease to
serve. Provided there is a good-faith reason for the change, if Grantee wishes to replace its key
personnel, it shall notify the State and seek its approval, which shall be at the State 's sole discretion,as
the State executed this Grant in part reliance on Grantee's representations regarding key personnel.
Such notice shall specify why the change is necessary,who the proposed replacement is, what their
qualifications are, and when the change will take effect. Anytime key personnel cease to serve,the
State, in its sole discretion,may direct Grantee to suspend Work until such time as replacements are
approved.All notices sent under this subsection shall be sent in accordance with§16 of the Grant
3.2. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of
Tom Texiera, an employee or agent of Grantee,who is hereby designated as the responsible
administrator of this project.
3.3. Other Key Personnel: NONE
4. FUNDING
The State provided funds shall be limited to the amount specified under the"State Funds"column of§4.2,
Project Budget, below.
4.1. Matching Funds. (See checked subsection below)
4.1.1.0 Matching Funds is not required under this Grant.
4.1.2.]Grantee shall provide the required non-federal matching funds listed in the"Match"column of
§4.2 below during the term of this Project. Funds used to match a previous ESG grant may not be
used to match the current grant award.
Page I—Exhibit B—Statement of Project
Form Revised 05/2011
•
anima s. 44--X.._.S .,.,.rM:'OISIIIMILOISSMIEMBIES:..._:tfran ,::*• ..Inner
Cd
4.2. Project Budget
Activity - State Funds Match* -Total.
Operations
-Catholic Charities $13,000.00 $13,000.00
-A Women's Place $14,000.00 $14,000.00
-Greeley Transitional House $5,000.00 $5,000.00
Essential Services
-Catholic Charities $8,000.00 $8,000.00
-A Women's Place $5,000.00 $5,000.00
-Greeley Transitional House $2,000.00 $2,000.00
Homeless Prevention
-Stepping Stone of Windsor $4,500.00 $4,500.00
-Catholic Charities $8,000.00 $8,000.00
-Greeley Transitional House $2,000.00 $2,000.00
Staff Operations
-Greeley Transitional House $1,000.00 $1,000.00
Administration—Weld County H.A. $4,000.00 $4,000.00
Total $66,500.00 $66,500.00 133,000.00
* Matching funds may be utilized on any of the activities/sub-activites
4.3. Project Budget Line Item Adjustments. Grantee may:
4.3.1.Not adjust budget amounts between activities without written approval of the State. Such approval
shall be in the form of:
4.3.1.1. a notice issued by the State in accordance with§16 of the Grant; or
4.3.1.2. an amendment in accordance with the Modification subsection of the General Provisions
of the Grant.
4.3.2.Adjust budget within an activity without the State's approval, however,Grantee shall notify the
State in accordance with §16 of the Grant on each such adjustments
5. PAYMENT
Payments shall be made in accordance with the provisions set forth in§7 of the Grant.
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.
Paypient ;* '. " Amount .t e . , . , �.;. ...n Amy.
Interim Payment(s) $66,000.00 Paid upon receipt of actual expense documentation and written
requests from the Grantee for reimbursement of eligible approved
program activities.
Final Payment $500.00 Paid upon substantial completion of the Project,provided that the
Grantee has submitted,and the Department has accepted,all
required reports.
Total $66,500.00
5.2. Remittance Address. If mailed, payments shall be remitted to the following address unless changed in
accordance with §16 of the Grant:
Weld County Housing Authority
P.O.Box 130
Greeley,Colorado, 80632
5.3. Interest.Grantee or subgrantee may keep interest earned from federal funds up to$100 per year for
administrative expenses.
6. ADMINISTRATIVE REQUIREMENTS
Page 2—Exhibit B—Statement of Project
6.1. Accounting. 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 State upon request.
All receipts and expenditures associated with the project shall be documented in a detailed and specific
manner, in accordance with the Project Budget.
6.2. Audit Report. If an audit is performed on Grantee's records for any fiscal year covering a portion of
the term of this Grant or any other grants/contracts with DOLA, Grantee shall submit the final audit
report, including a report in accordance with the Single Audit Act,to:
Department of Local Affairs
Accounting&Financial Services
1313 Sherman Street,Room 323
Denver,CO 80203
Or Email to:dola.auditt state.co.us
6.3. 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 timely.
6.3.1.Financial Status Reports.One copy of the quarterly Financial Status Report shall be submitted
within 20 calendar days of the end of each calendar quarter.
6.3.2.Performance Reports. One copy of the Project Performance Plan quarterly report and one copy
of the quarterly Summary Beneficiary Report shall be submitted within 20 calendar days of the
end of each calendar quarter.
6.3.3.Project Completion Report. Within 30 days after the completion of the Project or the final draw,
whichever is later,the Grantee shall submit one copy of the Project Completion Report,and two
copies of the final Financial Status Report.
6.4. Monitoring. The State shall monitor this Grant in accordance with its Risk-Based Monitoring Policy
and §§9(B)and 9(C)of the Grant. Final evaluation of the Project will be accomplished when the
Department approves the Project Completion Report.
7. ESG ACTIVITIES.
Grantee shall ensure that all project activities are in accordance with 24 CFR Part 576.21,and all related
regulations and requirements. Only costs incurred for ESG funded activities,as detailed in §4.2 above,are
reimburseable. Activities and related services/costs allowed under ESG program, but not necessarily under
this Grant, are detailed below.
7.1. Eligible Activities.
7.1.1.Homeless Prevention. This activity includes the development and implementation of activities
including, but not limited to, short-term subsidies to defray rent, mortgage,or utility arrearages,
security deposits or first month's rent, and mediation or legal services.
7.1.2.Operations. This activity includes the payment of shelter maintenance,rent,repairs, security,
equipment, insurance,utilities, and furnishings;
7.1.3.Staff Operations. This activity may include salary, wages, fringe benefits, and insurance costs for
agency staff necessary to the operation of the program.
7.1.4.Essential Services. This activity includes, but is not limited to, services concerned with
employment,health,substance abuse, education, or food, including staff necessary to provide such
services. ESG monies provided may be used to provide these essential services only if the service
is a new service or a quantifiable increase in the level of essential services provided with local
funds during the twelve(12)months before the Grantee received its initial ESG grant; and
7.2. Ineligible Activities. ESG funds may not be used for:
7.2.1.Acquisition or construction of an emergency shelter for the homeless; or
7.2.2.Rehabilitation services.
Page 3—Exhibit B—Statement of Project
Exhibit C
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 As of 10-15-10
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. "Central Contractor Registration (CCR)" means the Federal repository into which an Entity must enter
the information required under the Transparency Act, which may be found at http://www.bpn.gov/ccr.
1.3. "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.
•
1.4. "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.
1.5. "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://fedgov.dnb.com/webform.
Page I —Exhibit C-Supplemental Provisions for Federal Funding
Accountability and Transparency Act Form Revised 05/2011
- n..n ,...31,29212Italltalalrfr:*".fRII`-:21Strall49919.0fl,.,e.•rce... 3Mar a¢amq
1.6. "Entity" means all of the following as defined at 2 CFR part 25, subpart C;
1.6.1. A governmental organization, which is a State. local government, or Indian Tribe;
1.6.2. A foreign public entity;
1.6.3. A domestic or foreign non-profit organization;
1.6.4. A domestic or foreign for-profit organization; and
1.6.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal entity.
1.7."Executive"means an officer, managing partner or any other employee in a management position.
1.8."Federal Award Identification Number(FAIN)"means an Award number assigned by a Federal
agency to a Prime Recipient.
1.9."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."
1.10."Prime Recipient" means a Colorado State agency or institution of higher education that receives an
Award.
1.11."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 whichthe Award was
granted.
1.12."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" includesand may be referred to as Subgrantee.
1.13."Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9-digit Data
Universal Numbering System (DUNS)number that appears in the subrecipient's Central Contractor
Registration(CCR) profile, if applicable.
1.14. "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.
1.15."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—Exhibit C-Supplemental Provisions for Federal Funding
Accountability and Transparency Act Form Revised 05/2011
anal
1.16.`Transparency Act' means the Federal Funding Accountability and Transparency Act 012006 (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. Central Contractor Registration(CCR)and Data Universal Numbering System (DUNS) Requirements.
3.1. CCR.Contractor shall maintain the currency of its information in the CCR until the Contractor submits
the final financial report required under the Award or receives final payment, whichever is later. Contractor
shall review and update the CCR 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 CCR 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 CCR 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
http://www.colorado.gov/dpaidtp/sco/FFATA.htm.
Page 3—Exhibit C-Supplemental Provisions for Federal Funding
Accountability and Transparency Act Form Revised 05/2011
•
6. Effective Date and Dollar Threshold for Reporting. The effective date of these supplemental provisions
apply 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 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 CCR. A Subrecipient shall register in CCR and report the following data elements in CCR 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 CCR.
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.
SEE PAGE 5 FOR AUTHORIZED SIGNATURE REQUIRED
Page 4—Exhibit C-Supplemental Provisions for Federal Funding
Accountability and Transparency Act Form Revised 05/2011
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 Response
Definitions can be founds in Exhibit C
1. Agency or Jurisdiction DUNS Number:
cc.72 f / r re).3
2. Subrecipient Name Receiving Award:
3. Subrecipient Parent DUNS Number:
(Report if different from subrecipient number)
4. Location of Entity Receiving Award: kit/s/ roe„-. /7 /plc vs/'if /;-/An /i
(Full street address) 9O3 e ,cA ,St
(yret,/9 Cd d c'e -IV
5. Primary Location of Performance of the Award:
(City,State and Congressional District) 6 re c/r/ / ('L7 7 C O el o
.. 3
Answer True or False
6. In the preceding fiscal year, Contractor received:
a. $25,000,000 or more in annual gross revenues from
federal procurement contracts/subcontracts and/or 7-----; /s `
federal financial assistance awards or subawards
subject to the Transparency Act.
b. 80%or more of its annual gross revenues from
federal procurement contracts/subcontracts and/or 1---2v e
federal financial assistance awards or subawards
subject to the Transparency Act.
c. The public does not have access to information about
the compensation of its five most highly compensated / ,-v e
Executives through periodic reports filed through the
Securities Exchange Act of 1934 or the IRS.
An answer to question 7 is required ONLY when all answers to questions 6 are true.
7. Names and total compensation of the five(5)most highly compensated Executives for the preceding fiscal year:
Print Name Compensation Amount
By gning below,I c .' the lformation contained in this report is complete and accurate to the best of my knowledge.
IPA- / ,i JUN 272011
gnature of Respon ble AdmirIstrator Date
Page 5—Exhibit C-Supplemental Provisions for Federal Funding
Accountability and Transparency Act Form Revised 05/2011
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