HomeMy WebLinkAbout20111444 RESOLUTION
RE: APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ECONOMIC
DEVELOPMENT 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 a Community Development Block Grant
(CDBG) Economic Development 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
Department of Finance and Administration, and the Colorado Department of Local Affairs,
commencing upon full execution, and ending May 31, 2013, with further terms and conditions
being as stated in said grant agreement, 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 Community Development Block Grant (CDBG) Economic
Development 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 Department of Finance
and Administration, 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 grant agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of June, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, CO ORADO
ATTEST!. . ►
r�1861 (,'s."'P •'y� rbara Kirkmeye , Chair /
• itt2
Weld County Clerk to the = ar.
�r. RI
l `® A � can -L ay, Pro-Tem
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Deputy Clerk to the Board � ,��i// ,
W`�" / F. Garcia
APP 77 AS T • G vt
David E. Long
unty Attorney b0J7/uo< he Q h�
G Douglas ademac
Date of signature: "1/0��)
U on() }o Y\oni
_ y-U CA. C. , 2011-1444
�._( _// FI0053
Colorado
Office of Economic John W, Hickenlooper, Governor
Development and Dwayne Romero, Executive Director
International
Trade
June 2, 2011
The Honorable Barbara Kirkmeyer, Chair
Weld County Board of County Commissioners
915 10th Street
Greeley, CO 80631
Re: Community Development Block Grant (CDBG) Award #F11CDB11582
Dear Commissioner Kirkmeyer:
I am pleased to inform you that the Governor's Financial Review Committee ("FRC")
has approved a Grant Agreement (the "Agreement") with Weld County for continued
Community Development Block Grant ("CDBG") Economic Development Assistance.
The Agreement will provide for continued economic development assistance to the
Counties of Weld and Larimer, with Weld County designated as the lead County. This
Agreement provides resources in the amount of $750,000.00 for the Weld County
Business Loan Fund ("Loan Fund") d.b.a. Upstate Colorado Economic Development to
make loans available to eligible businesses in your two county region, and to thereby
create and retain jobs for low-to-moderate income individuals. $650,000.00 is reserved
for business assistance and $100,000.00 is reserved for administration. All
miscellaneous income resulting from this Agreement shall be retained by the Loan Fund
for its continuing operations.
Four (4) originals of the Agreement are enclosed for your review. If the Agreement
meets with your approval, please sign all four where indicated. Please return all four
Agreements with original signatures to me so that they may be forwarded to DOLA for
processing.
Please note that no expenses incurred before the Agreement is fully executed by all
parties will be reimbursed by the state.
1623 Broadway. Su re 2700 • Denver, Colorado 80202 • te'ephone. 303-892-3840 • Faisimi'.e. 303-892-384.8 r 2011-1444
If you have any questions or concerns, call me at (303) 892-3824.
We look forward to working with you and Region 2 to continue economic development
in your region and to successful completion of this Agreement.
Sincerely,
Robert L. Todd
Manager, CDBG Business Programs
cc: Eric Berglund, Region 2
Diane Von Dollen, DOLA
File
K:\Finance\WELD\AwardLtr.to.County.06.02.11.doc
Colorado
Office of Economic - John W. Hickenlooper, Governor
Development and - - Dwayne Romero, Executive Director
International
Trade
H A n: Di)
July 29, 2011
Barbara Kirkmeyer, Chair
Weld County Board of County Commissioners
915 10th Street
Greeley, CO 80631
Re: Community Development Block Grant ("CDBG") Agreement# F12CDB11-582 for
Weld County
Dear Ms. Kirkmeyer:
Enclosed is the original executed contract of Grant Agreement # 11-582 between the
State and Weld County.
This is your original Agreement for your file. I have forwarded a copy to Eric at the
Upstate Colorado office.
If you have any questions, please call me at 303-892-3824.
Sincerely,
Robert Todd
Manager, Business Loan Funds
Cc: Monica Daniels-Mika
Eric Berglund
K:Winance\XOfWeld\Contract#11582.Transmd.to.county.07.11.doc
1625 Broadway, Suite 2700 • Denver, Colorado 80202 • Telephone: 303-892-3840 • Facsimile: 303-892-3848 • www.AdvanceColorado.com
F
CDBG: Weld County #11-582
Phase I Waiver#:_211_
Catalog of Federal Domestic Assistance(CFDA) # 14.228
3'
Contract Routing# NAA
Encumbrance#FY1aCDB11582
Account Code(s):
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ECONOMIC DEVELOPMENT 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
11. GRANTEE RECORDS 5
12. CONFIDENTIAL INFORMATION-STATE RECORDS 6
13.CONFLICT OF INTEREST 6
14. REPRESENTATIONS AND WARRANTIES 7
15. INSURANCE 8
16. DEFAULT-BREACH 9
17. REMEDIES 9
18.NOTICES and REPRESENTATIVES 11
19.GOVERNMENTAL IMMUNITY 11
20.LEGAL RESIDENT 12
21.MISCELLANEOUS PROVISIONS 12
22.COLORADO SPECIAL PROVISIONS 14
23. SIGNATURE PAGE 16
EXHIBIT A-APPLICABLE LAWS
EXHIBIT B-STATEMENT OF PROJECT 1
EXHIBIT C-MAXIMUM INCOME LIMIT 1
Page 1 of 16
Form Revised: 12/2008
a C//- i�/yy
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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") 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
[select one of the following options A-B by checking the box next to selected option]
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 CRS §24-32-106(1)(d). 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 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 are attached hereto and incorporated by reference herein: Exhibit A
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 or Parties means one or both of the Department and Grantee.
F. Program
Program means the federal or state 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.
I. Services
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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 later of the Effective Date or May 25, 2011, and terminate
on May 31, 2013, 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[select one of the following options by checking the
box next to selected option]:
i. ® the Effective Date; or
ii. ❑ 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§21(H)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 provided in Exhibit B. Grantee shall raise the full amount of
matching funds during the term of this Grant and shall report to the Department regarding the status of
such funds as required in Exhibit B.
B. Breach
Grantee's failure to raise matching funds, to keep records, and/or to report may affect its continued
participation in the Program under which this Grant operates. In addition, the Department may terminate
this Grant under the Termination for Cause subsection of§17 below if the Department has reasonable
evidence that Grantee will be unable to raise such matching funds during the term hereof.
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.
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B. Project Budget Line Item Adjustments
Regarding budget lines within the Project Budget, Grantee may: [check one]
1. ® 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§21(H)below.
ii. n adjust individual budget line amounts without the Department's approval if(a) there are no
transfers to or between administration budget lines; and if(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 return of any unexpended Grant Funds:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the Department shall be Seven Hundred
Fifty Thousand and 00/100 dollars($750,000.00) 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 the§17 below.
i. Method and 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 request for reimbursements/invoices
within 45 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. Electronic Funds Transfer
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 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 §2 of the 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.
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C. Additional Funds
Grantee shall provide any additional or matching funds necessary to perform its obligations in accordance
with the budget in Exhibit B.
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§7(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 §7(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
ii. final payment is made hereunder, whichever is later, or
iii. for such further period as may be necessary to resolve any pending matters, or
iv. 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 Department reserves the right to inspect the Project at all reasonable
times and places during the term of this Grant, including any extension. If the Project does not conform to
Grant requirements, the Department may require Grantee promptly to bring the Project into conformity
with Grant requirements, at Grantee's sole expense. If the Project cannot be brought into conformance by
re-performance or other corrective measures, the Department 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 the preceding measure.
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
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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.
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 HIPAA section[check one] ❑ applies to or does 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 CRS §18-8-308 and §24-18-101-109.
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 sub-
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contracts. 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 sub-contract, 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.
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, including 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. If Grantee's
performance does not conform to Grant requirements, the Department may require Grantee promptly to
bring its performance into conformity with Grant requirements, at Grantee's sole expense. If the Project
cannot be brought into conformance by corrective measures, the Department 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 in equity in lieu of or in conjunction with the preceding
measure.
C. Legal Authority-Grantee and Grantees 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 business in 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,
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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 Grant §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 coverage's required hereunder
shall be issued by insurance companies satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act,
CRS §24-10-101, et seq., as amended(the 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-grantees liabilities under the Act.
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-grantees and sub-
contractors 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. Worker's Compensation
Worker's 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
Page 8 of 16
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 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 the State by certified mail.
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 subgrantee 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 subgrantee, Grantee may request in writing, and
the subcontractor or subgrantee 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§22 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
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 Department 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
Page 9 of 16
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 the§16 above and §18 below. If Grantee
thereafter fails to promptly cure such non-performance within the cure period, the Department, 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 right, 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 Governor, 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 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
Page 10 of 16
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 Department
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 representatives 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:
Robert Todd
Colorado Department of Local Affairs
1625 Broadway, Suite 2700
Denver, CO 80202
Email: Robert.todd@state.co.us
B. Grantee:
Monica Daniels-Mika, Director-Finance&
Administration
Weld County
915 10th Street
Greeley, CO 80631
Email:
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, §CRS 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,
Page 11 of 16
and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk
management statutes, CRS §24-30-1501, et seq., as amended.
20. LEGAL RESIDENT
This legal resident section[check one] ❑ applies to or does 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 CRS §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:
i. 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 United States citizen or legal permanent resident; or
ii. That they are otherwise lawfully present in the United States pursuant to federal law.
21. MISCELLANEOUS 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, subcontracting without such consent shall be void. All
assignments, 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.
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. Federal Funding-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.
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.
Page 12 of 16
H. 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.
I. 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. §22, Colorado Special Provisions
ii. §§1-21 of this Grant Agreement
iii.Exhibit A, Applicable Laws
iv.Exhibit B, Statement of Project,
J. 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.
K. 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.
L. 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.
M.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.
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Page 13 of 16
•
22. COLORADO SPECIAL PROVISIONS
These Special Provisions apply to all State contracts except where noted in italics.
A. 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.
B. 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.
C.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.
D. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2.
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.
E. 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.
F. 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.
G. 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.
H. 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 hinds. 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.
I. 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
Page 14 of 16
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.
J. 10. VENDOR OFFSET.CRS §§24-30-202 (1) and 24-30-202.4. [
[Not Applicable to Intergovernmental Grants/ 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.
K. 11.PUBLIC CONTRACTS 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 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 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 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 CRS §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 CRS §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.
L. 12.PUBLIC CONTRACTS 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.
Revised 1/1/09
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Page 15 of 16
23. 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 STATE OF COLORADO
Weld County John Hickenlooper,GOVERNOR
DEPARTMENT OF LOCAL AFFAIRS
By: Barbara Kirkmeyer /
By:
Title: Chair Weld County Board of County Commissioners Reeves Bro , xecutive Director
C/% /J1✓ . 1,--, Date. 4 4 a)/(
S
�tature
Date: JUN 1 3 2011 PRE-APPROVED FORM CONTRACT REVIEWER
Robert Todd
Date: (? - oY"" //
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
David J.JM/cDermott,CPA
By;J/��(.f.�l b/ 1 tf(
/ Barbara Casey, Controller Delegate
f
Date: / p� �/
Page 16 of 16
.i261/—/ /V
CDBG: Weld County, Colorado FYI1CDB11582
EXHIBIT A—APPLICABLE LAWS
Federal laws and regulations incorporated into this Grant include, without limitation:
1. 2 C.F.R. 220, Cost Principles for Education Institutions
2. 2 C.F.R. 225, Cost Principles for State, Local and Indian Tribal Governments
3. 2 C.F.R. 230, Cost Principles for Non-Profit Organizations
4. 24 C.F.R. Subtitle A, Parts 0-82, et seq, as amended, Housing and Urban Development
5. 24 C.F.R. Subtitle B, Chapter I—XXV, et seq, as amended, Housing and Urban Development
6. 40 C.F.R. 1500-1508, as amended, Council on Environmental Quality Regulations Implementing NEPA
7. 41 C.F.R. Chapter 60,as amended, Executive Order 11246
8. 49 C.F.R. Part 24, as amended, Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970
9. 2 U.S.C. Chapter 26, et seq., as amended, Disclosure of Lobbying Activities
10. 5 U.S.C. 552a, as amended, Privacy Act of 1974
11. 8 U.S.C. 1101, Immigration and Nationality Act
12. 12 U.S.C. §§1701- 1701z-15,et seq., as amended, National Housing Act
13. 15 U.S.C. Chapter 49, et seq., as amended, Fire Prevention and Control
14. 16 U.S.C. Chapters 1-83, et seq., as amended, Conservation
15. 20 U.S.C. 1681-1688, Title IX, as amended, Education Amendment of 1972
16. 29 U.S.C. Chapter 14, §§621-634, et seq., as amended, Age Discrimination in Employment
17. 29 U.S.C. Chapter 16, §§793-794, et seq., as amended, Vocational Rehabilitation and Other
Rehabilitation Services
18. 29 U.S.C. Chapter 8, §§201, 206, et seq., as amended, Labor
19. 31 U.S.C. Subtitle I—VI, et seq., as amended, Money and Finance
20. 40 U.S.C. Subtitle I, et seq., as amended, Federal Property and Administrative Services
21. 40 U.S.C. Subtitle II, et seq., as amended, Public Buildings and Works
22. 41 U.S.C. 35 et seq., Walsh-Healey Public Contracts Act
23. 41 U.S.C. 701, et seq., Drug Free Workplace Act of 1988
24. 42 U.S.C. Chapter 21, et seq., as amended, Civil Rights
25. 42 U.S.C. Chapter 45, et seq., as amended, Fair Housing
26. 42 U.S.C. Chapter 50, et seq., as amended, National Flood Insurance
27. 42 U.S.C. Chapter 55, et seq., as amended, National Environmental Policy
28. 42 U.S.C. Chapter 63, et seq., as amended, Lead-Based Paint Poisoning Prevention
29. 42 U.S.C. Chapter 69, et seq., as amended, Community Development
30. 42 U.S.C. Chapter 6A, et seq., as amended, Public Health Services
31. 42 U.S.C. Chapter 76, et seq., as amended, Age Discrimination in Federally Assisted Programs
32. 42 U.S.C. Chapter 89, et seq., as amended, Congregate Housing Services
33. 42 U.S.C. Chapter 85, et seq., as amended, Air Pollution Prevention and Control
34. 42 U.S.C. Chapter 126, et seq., as amended, Equal Opportunity for Individuals with Disabilities
35. 42 U.S.C. Chapter 130, et seq., as amended,National Affordable Housing
36. C.R.S. 24-34-501 -510, et seq., as amended, Colorado Housing Act of 1970,
37. C.R.S. 24-75-601 et seq., as amended, Legal Investment of Public Funds
38. Executive Order 11063, HUD Equal Opportunity in Housing, as amended by Executive Order 12259,
Leadership and Coordination of Fair Housing in Federal Programs
39. Executive Order 11593, Protection and Enhancement of the Cultural Environment
40. Executive Order 11988, Floodplain Management
41. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations
Page 1 of 1 —Exhibit A—Applicable Laws
CDBG: Weld County Colorado FYI 1CDB11582
EXHIBIT B—STATEMENT OF PROJECT
Business Loan Fund
1. GENERAL DESCRIPTION OF THE PROJECT(S).
1.1. General Description. This Project consists of providing Community Development Block Grant
(CDBG) funds to the Grantee to start-up a Business Loan Fund(BLF), the primary purpose of which is
to encourage economic diversification and job creation and/or retention which addresses the program
objective of benefit to Low and Moderate Income Persons, as defined in§2.1 below. Weld County is
designated as the Lead County or Grantee. CDBG funds may be used to operate a business loan fund
program, provide micro-enterprise business financial and/or technical assistance, or provide funding for
feasibility/planning studies. Details of allowable activities and related requirements are outlined in the
remainder of this exhibit.
1.2. Eligible Expenses.The activities allowed under this Grant shall be those listed under this subsection
and§7 below.
1.2.1. Business and Micro-Enterprise Financial Assistance. Eligible expenses include, but are not
limited to, costs associated with working capital, operating expenses, machinery and equipment,
land and/or building acquisition, and construction. The State shall provide specific approval for
the type of expenses that shall be eligible for payment with CDBG funds when Grantee, as
specified in§4.2, makes a specific request for such approval and such request is submitted to
the State for its review/consideration.
1.2.2. Micro-Enterprise Business Technical Assistance. Eligible expenses include costs associated
with the BLF's provision of technical assistance through a third party provider to a business,
including but not limited to marketing, accounting and/or operational technical assistance.
Technical assistance may be authorized in conjunction with financial assistance provided under
a locally developed and state approved micro-enterprise assistance program. The State shall
provide specific approval for the type of expenses that shall be eligible for payment with CDBG
funds when Grantee makes a specific request for such approval and such request is submitted to
the state for its review/consideration.
1.2.3. Feasibility/Planning Studies. Eligible expenses include, but are not limited to, costs associated
with market research, development of a capital structure, and development of a legal structure.
Funding for this activity is typically in the form of a grant; however, on a case-by-case basis,
the State may approve alternative structures including the use of loans, loan guarantees or
equity interests. Grantee shall ensure the study(ies)be in accordance with the State's approved
terms and conditions and with the requirements outlined in the CDBG Guidebook, which is
available on DOLA's website. If the study results in the proposed project moving forward, the
Grantee shall ensure that a minimum of 51% Low and Moderate Income Persons benefit from
the Project in accordance with§2.1 and§3.2 below.
1.2.4. General Administration. Eligible expenses include, but are not limited to the costs of
performing general project activities related to compliance with this Grant, fmancial
management, loan packaging and review, and loan servicing necessary for operation of the BLF
program. General Administration funds is subject to the following requirements:
1.2.4.1. CDBG Administrative Cap. Grantee shall ensure that administrative expenses do not
exceed 16%of the total CDBG costs (sum of administrative, business financial
assistance, feasibility/planning, and business technical assistance costs)under this
Grant. Compliance shall be determined at the termination date of this Grant. At that
time, if the administrative funds drawn exceed the percentage specified herein, Grantee
shall repay the excess amount to the State unless the Governor's Financial Review
Committee(GFRC), has approved a waiver of this requirement.
1.2.4.2. Equipment Purchase. Grantee shall submit requests for the use of CDBG
administrative funds to purchase equipment over$5000.00 to DOLA staff at OEDIT for
review and approval prior to such purchases.
Page 1 of 13—Statement of Project
1.2.4.3. Contribution toward General Administration. Grantee and/or its sub-grantee shall
inject a minimum contribution of$10,000.00 for the administration of the BLF on an
annual basis. However in no event, shall the use of CDBG miscellaneous income, as
defined in §1.5.3 below, retained by its sub-grantee exceed$10,000.00 on an annual
basis for this purpose.
1.3. Leveraged Funds.Grantee is required to seek leveraged funds provided by private entities, including
but not limited to the assisted businesses, banks, investors, individuals, and public entities. Such funds
shall generally comprise the majority of funds used to assist businesses receiving CDBG assistance.
Unless otherwise authorized in writing by the State, Grantee shall be responsible for meeting the
required leveraged funds for this Project, as specified in §7 below, during the term of this Grant.
Leveraged funds shall not be considered matching funds for federal program purposes. The State
recognizes that utilization of the micro-enterprise program may make this leverage criteria
unattainable. To the extent that CDBG funds are utilized to provide assistance to micro-enterprises,
Grantee's share of leveraged funds may be reduced on a pro-rata basis.
1.4. Program Income. If Grantee has not entered into a sub-grantee agreement for the administration of the
BLF, all revenues received by the Grantee which results directly from the CDBG-assisted activity,
including but not limited to principal and interest payments, origination fees, servicing charges, interest
earned and proceeds from the sale of acquired assets shall be considered to be program income and
subject to CDBG requirements.
1.5. Subgrant. This subsection® is, or n is not applicable. When applicable, the terms and provisions of
this Grant may also pertain to Subgrantee, whether Subgrantee is specifically mentioned or not.
Grantee is not released from its obligations under this Grant even if it has contracted out the
administration of the BLF.
1.5.1. Subgrantee. Grantee has entered into a sub-grantee agreement with Greeley/Weld County
Economic Development Action Partnership, Inc. dba Upstate Colorado Economic Development
("Upstate Colorado"or"Subgrantee"), a qualifying non-profit organization, for the
administration of the BLF, as allowed under Section 105(a)(15)of the Housing and Community
Development Act of 1974.
1.5.2. Approval of Subgrantee Agreement. Grantee shall submit its sub-grantee agreement to DOLA
staff at OEDIT and obtain the State's approval of such sub-grantee agreement prior to
disbursement of Grant funds. Sub-grantee agreement shall clearly delineate contractual
responsibilities of the Grantee and sub-grantee.
1.5.3. Miscellaneous Income. All revenues received by Subgrantee which results directly from the
CDBG-assisted activity, including but not limited to principal and interest payments, origination
fees, servicing charges, interest earned and proceeds from the sale of acquired assets shall be
considered to be miscellaneous income.
1.5.3.1. Use of Funds. Unless otherwise authorized in writing by the State, all miscellaneous
income shall be retained by Subgrantee and used to continue the operation of the BLF,
specifically making loans to businesses and micro-enterprise businesses and paying
reasonable and necessary general administrative costs associated with the BLF.
1.5.3.2. Limitation on use of Miscellaneous Income for Administrative Expenses. The
maximum amount of miscellaneous income that can be used for administrative costs
shall not exceed$20.000 during the term of this Grant. At the termination of the Grant,
if the miscellaneous income used exceeds the amount specified above, Subgrantee shall
repay the excess amount to the BLF's account, unless the GFRC has approved a waiver
of this requirement.
1.5.3.3. Post Grant Termination Requirements. Upon the expiration of this Grant, Subgrantee
shall ensure that it has entered into a separate agreement with the State pertaining to the
anticipated amount of miscellaneous income funds to be used for general administrative
costs related to the operation of the BLF on an annual basis. Subgrantee shall notify the
State if the anticipated amount was exceeded by more than 10% in any given year, if
Subgrantee would like to request an amendment to such agreement to change the stated
amount of general administrative funds or if Subgrantee would like to request an
Page 2 of 13—Statement of Project
•
amendment related to eligible uses of funds. Miscellaneous income loses its federal
identity and is generally not required to meet federal or state program requirements
except to the degree delineated in this provision. In consideration of the State approving
the Miscellaneous Income designation for such funds, Grantee and Subgrantee shall
provide accurate, complete, and timely disclosure of the BLF's performance results for
all current and prior CDBG BLF grants in accordance with reporting requirements set
forth in§6.1.1 below.
1.6. Davis Bacon Fair Labor Standards. When applicable, Grantee and Subgrantee(s)shall comply with
all the requirements of the Davis Bacon Fair Labor Standards in accordance with the CDBG
Guidebook. Documentation shall be submitted to DLG at the time of occurrence.
1.7. Section 3 of the HUD Act of 1968. When applicable, Grantee and subgrantee shall, to the greatest
extent feasible, provide opportunities for training and employment that arise through HUD-financed
projects and will be given to lower-income persons in the project area,and contracts awarded to
businesses located in the project area or to businesses owned in substantial part, by residents of the
project area.
2. TERMINOLOGY:
2.1. Specialized terminologies used in the SOP.
Low and Moderate Income Person. This subsection ® is, or❑ is not applicable. Grantee shall verify
every family's income eligibility, using the income certification forms prescribed by the State and the
maximum income limits in Exhibit D, and retain such documentation in its files. Person is defined as:
[select one of the following option]
2.1.1. Z Those persons who are members of low and moderate-income families as set forth in
Exhibit D and as updated annually on DOLA's website.
2.1.2. n Those persons who have been determined by the U.S. Department of Housing and Urban
Development (HUD), based upon most recent Census data, to be low and moderate-income
persons.
2.1.3. ❑ Those persons belonging to clientele groups who are generally presumed by HUD to be low,
and moderate-income persons.
2.2. Abbreviations used in the SOP.
2.2.1. Business Loan Fund hereinafter referred to as"BLF".
2.2.2. Community Development Block Grant hereinafter referred to as"CDBG".
2.2.3. CDBG Guidebook for Public Facilities and Construction Projects hereinafter referred to as
"Guidebook"which is updated periodically and available on the Department's website.
2.2.4. Colorado Once of Economic Development and International Trade hereinafter referred to as
"OEDIT"which is located at 1625 Broadway, Suite 2700, Denver, Colorado 80202.
2.2.5. Division of Local Government in the Department of Local Affairs (DOLA) hereinafter referred
to as"DLG"which is located at 1313 Sherman Street, Room 521, Denver, Colorado 80203.
2.2.6. Governor's Financial Review Committee hereinafter referred to as "GFRC". The GFRC is the
committee designated by an Executive Order of the Governor to approve all economic
development projects funded with CDBG funds.
2.2.7. Lead County designated in Grant shall also be referred to as"Grantee".
2.2.8. State of Colorado hereinafter referred to as"State".
2.2.9. U.S. Department of Housing and Urban Development hereinafter referred to as"HUD".
3. DELIVERABLES:
3.1. Service Area. The service area for this project is as follows: Weld and Larimer Counties.
3.2. Outcome.
3.2.1. If a National Objective described in§3.3.1 below is checked, the Grantee commits that at least
Thirty Seven and One Half(37.5) full-time equivalent permanent jobs will be directly created
and/or retained through the collective provision of CDBG funds. At least 51% of jobs created
and/or retained by each business must be filled by persons as selected in §2.1 above. Grantee
shall provide written evidence that the committed number of jobs have been actually created
and/or retained by each individual business and that all businesses collectively meet the
Page 3 of 13—Statement of Project
•
requirements in this exhibit and the attached Exhibit D. Hiring requirements of persons as
selected in§2.1 above must be achieved by each business as well. In the event that there is any
deviation from job creation, retention and/or persons, as selected in§2.1 above, hiring
requirements, Grantee must submit written documentation to substantiate the reasons for such
deficiencies at or prior to project close out. If a deficiency exists, a review by the State will be
made to determine the ability to close out this Grant.
3.2.2. If a National Objective described in§3.3.2 below is checked, the State recognizes that
utilization of the micro-enterprise business financial and technical assistance program may
make the job creation/retention requirements referenced above in§3.2.1 unattainable if the
micro-enterprise(s) receiving funding meet the definition of Limited Clientele which means that
the owners of the micro-enterprise(es)are persons who are Low and Moderate Income Persons
as set forth in in§2.1 above. To the extent that CDGB funds are utilized to provide assistance to
such owners of micro-enterprises, Grantee's job creation/retention commitment may be reduced
on a pro-rata basis. In this case, the Grantee shall provide written documentation that the
activity funded is a microenterprise activity carried out in accordance with respect to those
owners of micro-enterprises assisted under the activity who are Low and Moderate Income
Persons. For these purposes, once a person is determined to be a Low and Moderate Income
Person, he/she may be presumed to qualify as such for up to a three-year period.
3.3. National Objective. This project shall meet the following National Objective(s): [Choose applicable
objective(s)j:
3.3.1. ® Low/Moderate Income Benefit,jobs.To the extent that the Business Loan Fund provides
assistance to business(es)that commit to create and/or retain full-time equivalent permanent
jobs, the project will involve the employment of persons, the majority of whom are Low and
Moderate Income Persons.
3.3.2. ® Low/Moderate Income Benefit, limited clientele. To the extent that the BLF provides
financial and technical assistance to the owners of a microenterprise(s)who are Low and
Moderate Income Persons as specified in§2.1 above, the project will benefit a Limited
Clientele.
4. PERSONNEL:
4.1. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of
Monica Daniels-Mika an employee or agent of Grantee, who is hereby designated as the responsible
administrator of this project.
4.2. BLF Administrator. Grantee's performance hereunder shall be under the direct supervision of Eric
Berglund, an employee or agent of Grantee, who is hereby designated as the BLF administrator of this
project.
4.3. Replacement. Grantee shall immediately notify DOLA staff at OEDIT if any key personnel cease to
serve. Provided there is a good-faith reason for the change, if Grantee wishes to replace its key
personnel, it shall notify DOLA staff at OEDIT and seek its approval, which shall be at the
Department's sole discretion, as the Department issued this Grant in part reliance on Grantee's
representations regarding Key Personnel. Such notice shall specify why the change is necessary, who
the proposed replacement is, what his/her qualifications are, and when the change will take effect.
Anytime key personnel cease to serve, the Department, in its sole discretion, may direct Grantee to
suspend work on the Project until such time as replacements are approved. All notices sent under this
subsection shall be sent in accordance with §18 of the Grant.
4.4. Training. BLF Administrator shall be required to attend all training seminars, including but not limited
to the bi-annual BLF meetings unless mutually agreed by the State and the BLF Administrator prior to
the training seminar.
5. PAYMENT:
Payments shall be made in accordance with the provisions set forth in§9 of the Grant. Grantee's requests
for funds from this Grant shall be for the reimbursement of actual eligible expenditures and if necessary, an
estimation of funds for immediate needs.
Page 4 of 13—Statement of Project
5.1. Payment Schedule. Grantee shall disburse Grant Funds received from the State within fifteen days of
receipt. Excess funds shall be returned to the Department.
Payment Amount
Interim or Final $750,000.00 Paid upon receipt of required supporting
Payment(s) documentation and written requests from the
Grantee for eligible and approved projects or
activities.
Total $750,000.00
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
915 10111 Street
Greeley, CO 80631
5.3. Interest. Grantee or Subgrantee may keep interest amounts up to$100 per year for administrative
expenses.
6. ADMINISTRATIVE REQUIREMENTS:
6.1. Reporting.
6.1.1. Annual Survey Report. Grantee shall submit to DOLA staff at OEDIT (with
acknowledgement signatures from Grantee and sub-grantee, if applicable), an annual
survey/report containing information on the BLF's historical and current performance in various
areas including all CDBG funds and CDBG Miscellaneous Income. Such annual survey/report
shall be in State prescribed format and is due on or before March 31st of each calendar year
unless an alternate deadline is provided in writing by DOLA staff at OEDIT. The annual
survey/report shall be required during the term of this Grant and shall continue to be required on
an annual basis thereafter.
6.1.2. Disclosure Reports. Grantee shall provide updated Disclosure Reports, when applicable as
required by HUD, to DOLA staff at OEDIT.
6.1.3. Financial Status and Progress Report. Grantee shall provide quarterly financial and program
reports to DOLA staff at OEDIT in accordance with the Guidebook.
6.1.4. Jobs Report. Grantee shall continue to report to the State information on all persons which fill
jobs created and/or retained by assisted businesses and micro-enterprise businesses (if jobs were
committed by the micro-enterprise business)until the number of jobs specified in§3.2 above
have been met, but in no event shall the report period be less than one(1) year from the
effective date of the business assistance agreement, even if this Grant has expired, unless the
Grantee has received a reporting timeframe waiver from the state. In the event the assisted
businesses and applicable micro-enterprise businesses meet or exceed the job requirements
Grantee shall ensure that at least 51%of all jobs created/retained (as a result of CDBG funds)
are provided to persons as specified in§2.1 above. In the event that CDBG funds are not fully
expended, the State may pro-rate the number of jobs that must be created and/or retained
accordingly.
6.1.5. Project Completion Report. This report is due within 90 days after completion of the Project,
including information regarding the required public hearing, actions taken to Affirmatively
Further Fair Housing, Section 3 Report,Final Financial Status Report, and all other
documentation required in the Project Close Out section of the Guidebook, as revised
periodically.
6.1.6. 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.
Page 5 of 13 —Statement of Project
6.2. Businesses Loan Fund Requirements. Grantee shall administer the Business Loan Fund in
compliance with applicable laws, regulations, authoritative guidances, program objectives, this Grant,
and related reporting requirements.
6.2.1. Policies. BLF assistance shall be provided to businesses and/or micro-enterprise businesses
according to specific and separate policies developed by the BLF which define the criteria and
manner by which assistance shall be provided to applicants. Grantee shall submit its locally
developed BLF program policies and guidelines to DOLA staff at OEDIT for State approval.
Varying financial terms and conditions, including loans and/or grants, if so authorized by the
State, may be offered by the BLF to micro-enterprise businesses for financial assistance or
technical assistance under its approved program policies and guidelines. On a case-by-case
basis, the DOLA staff at OEDIT may authorize loan guarantees, equity interest, or royalty
payments in exchange for providing financial assistance to a business.
6.2.2. Local BLF Advisory Committee. BLF Advisory Committee, which is representative of
economic development organizations, banks, businesses, local governments and/or other related
professions in the area served by this Grant, shall review and approve policies and criteria, and
shall directly or through an appointed subcommittee approve all requests for financial assistance
prior to submitting to DOLA staff at OEDIT for approval.
6.2.3. State Approval of Funding Request. Grantee shall submit each specific funding request from
the BLF and related project descriptions, financial analysis, and terms/conditions to the State in
a state prescribed format for review and approval.
6.2.4. Fees. Grantee may charge a business applying for and/or receiving CDBG financial assistance
funds, reasonable fees associated with processing its application. Application review fee may
not exceed$100.00 and loan origination fees may not exceed 2%of the approved financial
assistance amount. No other fees shall be charged to or collected from the applicant business
without express written approval from the DOLA staff at OEDIT. In addition, fees charged to
businesses receiving assistance from a micro-enterprise assistance program shall conform to
locally approved micro-enterprise program policies and procedures that have also been
approved by the State.
6.2.5. Participation Agreement. Grantee shall not expend or draw down CDBG funds from DOLA
until the business and/or micro-enterprise business has negotiated agreements with participating
banks, individuals, public agencies and investors which set forth the amounts and terms of each
party's participation in financing projects and which meets all applicable provisions set forth in
this exhibit. Copies of such agreements shall be obtained by the Grantee/Subgrantee and
maintained in its files.
6.2.6. Legal Agreement. Grantee agrees that financial assistance provided to businesses shall be
evidenced through legally binding agreements that adhere to federal and state regulations and
standard commercial loan documentation where applicable.
6.2.7. Favorable Terms. In order for a business to be considered to receive terms more favorable than
the standard business financial assistance terms offered by the BLF, the rate of return for such
business generally shall not exceed industry standards unless it is appropriate. An appropriate
determination is not required for assistance provided to micro-enterprise businesses.
6.2.8. Interest Rate. [Check one option below]
6.2.8.1. ® Interest rates charged to borrowers on the CDBG portion of loans shall be no greater
than the prime interest rate(New York Prime as published in the Wall Street Journal)at
the time of loan commitment, excluding any processing or service charge imposed on
the borrower by the BLF.
6.2.8.2. Z Interest rates charged to borrowers on the CDBG portion of loans deemed to be of
potentially higher risk by the BLF's Advisority Committee shall be no greater than
2.0%in excess of the prime interest rate(New York Prime as published in the Wall
Street Journal)at the time of loan commitment, excluding any processing or service
charge imposed on the borrower by the BLF.
6.2.8.3. ® Interest rates charged for micro-enterprise loans shall conform to locally and state
approved program policies and guidelines.
Page 6 of 13 —Statement of Project
6.2.9. Term. The term of assistance provided to businesses with CDBG funds shall not exceed ten
(10)years without specific State approval.
6.2.10. Change in Ownership. Unless otherwise approved by DOLA staff at OEDIT, loan documents
for CDBG financial assistance to a business shall specify that the loan shall become due and
payable in the event such business is sold, consolidated or merged to an extent that controlling
ownership changes prior to repayment of funds owed. Upon the close out of this Grant by the
State, the requirement for alternative approval from DOLA staff at OEDIT shall no longer be
required
6.2.11. Remedies. Grantee shall exhibit due diligence in pursuit of reasonably available remedies
should businesses or micro-enterprise businesses not fulfill contractual provisions under which
the assistance was provided.
6.2.12. Feasibility/Planning Studies. Grantee shall submit all feasibility/planning studies to DOLA
staff at OEDIT for State's review and approval. When approved, the State shall provide to
Grantee the terms and conditions specific to each feasibility/planning study.
6.3. Construction. If the project includes construction activities, the Grantee shall provide to DLG all
necessary forms relating to bidding and construction funded by CDBG funds as outlined in the
Guidebook.
6.4. Procurement. Grantee shall follow appropriate procurement standards as outlined in the Guidebook,
including the selection and payment of consultants, architects, and engineers necessary for the
completion of the Project. Procurement documentation shall be submitted to DOLA staff at OEDIT at
the time of occurrence.
6.5. On-site Visits. Grantee shall allow CDBG program representatives to make on-site visits to verify
CDBG program information if reasonable notice has been provided by the State.
6.6. On-site Monitoring. Grantee will notify DLG at least 30 days in advance of Project being completed.
On-site monitoring as outlined in the Monitoring section of the Guidebook shall be performed by DLG
prior to project close-out. Specific legal agreements and related documentation shall be maintained by
the Grantee/subgrantee and shall be reviewed during the on-site monitoring.
7. PROJECT BUDGET:
Other Funds
Activity Total CDBG Funds (minimum of) Source
REVENUE
CDBG Funds $ 750,000. $ 750,000 CDBG
Grantee/Sub-grantee $ 20,000 $ 20,000 Sub-grantee
Other Leveraged Funds(minimum of) $ 1,500,000 $ 1,500,000 Leverage Sources
TOTAL REVENUE $ 2,270,000 $ 750,000 $ 1,520,000
EXPENDITURES
Business Financial Assistance (iSA)
Optional: Micro-enterprise
Business Financial Assitance
Optional: Micro-enterprise
Business Technical Assistance
Optional: Feasibility/Planning
Studies
$ 650,000 $ 650,000 $ CDBG
Administration (21A) $ 120,000 $ 100,000 $ 20,000 Sub grantee/CDBG
Other: $ 1,500,000 $ $ 1,500,000
TOTAL EXPENDITURES $ Z270,000 $ 750,000 $ 1,520,000
Page 7 of 13—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, sub-grantees,
Sub-recipients, 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.
Page 2 of 4
Dun and Bradstreet's website may be found at: http://fedgov.dnb.com/webform.
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;
Page 8 of 13—Statement of Project
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 Sub-recipient under an Award or Sub-award 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. "Sub-award" means a legal instrument pursuant to which a Prime Recipient of Award funds
awards all or a portion of such funds to a Sub-recipient, in exchange for the Sub-recipient's
support in the performance of all or any portion of the substantive project or program for which
the Award was granted.
1.12. "Sub-recipient" means a non-Federal Entity (or a Federal agency under an Award or
Sub-award 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 Sub-recipient is subject to the terms and conditions of the Federal Award to the
Prime Recipient, including program compliance requirements. The term "Sub-recipient" includes
and may be referred to as Subgrantee.
1.13. "Sub-recipient Parent DUNS Number" means the sub-recipient parent organization's 9-digit
Data Universal Numbering System (DUNS) number that appears in the sub-recipient'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 Sub-recipient'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.
1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006
Page 3 of 4
(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
Sub-recipient 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
Page 9 of 13—Statement of Project
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 Sub-awards 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
Sub-awards 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 Sub-recipient 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/dpa/dfo/sco/FFATA.htm.
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
Page 4 of 4
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. Sub-recipient Reporting Requirements. If Contractor is a Sub-recipient, Contractor shall report as
set forth below.
7.1 To CCR.A Sub-recipient 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 Sub-award was made:
7.1.1 Sub-recipient DUNS Number;
7.1.2 Sub-recipient DUNS Number+ 4 if more than one electronic funds transfer(EFT)
account;
7.1.3 Sub-recipient Parent DUNS Number;
7.1.4 Sub-recipient's address, including: Street Address, City, State, Country, Zip+ 4, and
Congressional District;
Page 10 of 13—Statement of Project
7.1.5 Sub-recipient's top 5 most highly compensated Executives if the criteria in §4 above
are met; and
7.1.6 Sub-recipient's Total Compensation of top 5 most highly compensated Executives if
criteria in §4 above met.
7.2 To Prime Recipient A Sub-recipient shall report to its Prime Recipient, upon the effective date
of the Contract, the following data elements:
7.2.1 Sub-recipient'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 Sub-awards 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.
Page 11 of 13—Statement of Project
•
FFATA/FSRS Data Report
Due to the implementation of the FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA),
the CDEM must enter the information for each subaward into the SUB-AWARD REPORTING SYSTEM(FSRS). This
information is required by the Office of Management and Budget(OMB)and must be submitted by the CDEM within 30
days of making the subaward, so is being collected at the time of each grant application.
Unless otherwise indicated,all fields must be completed in order to be an eligible subgrant recipient.
Information Field Field Description Response
Agency or Jurisdiction DUNS /I DUNS number assigned to your
jurisdiction or specifically to your D .7 ✓7a c.6:S
agency
Parent Organization DUNS If the Jurisdiction has a DUNS number
number,if applicable and the Agency has one as well, insert
the Jurisdiction's DUNS here.
Name of Entity Receiving Award Jurisdiction or Agency Name to which //"
the DUNS number is assigned Celt �UL m vii-.7y C 76UE7z/FA/it/ //-
Location of Entity Receiving Full Street Address of the Recipient -IA
eX"
Award Agency 9/C /O /�
r_a�E7-Z17, a9.
L9.
Primary Location of Performance Include City, State and Congressional 6l)t2L "7Ly' ,'O. 414
of the Award District cC s cN.+X .eJ/-77_',c r.
yrE�=•
The Information Below MAY be Required—See Determining"and"statements
Names and Total Compensation of If all of the Conditions Below are true
the Five(5)most highly then the names and compensation
compensated officers information is required—otherwise
mark Box 1 as"Not Required" Information if Required
The entity in the preceding fiscal year received 80%or more of its annual 1.
gross revenues in federal awards,and; /✓_Yr
The entity received$25,000,000 or more in annual gross revenues from 2.
Federal awards,and;
The public does not have access to this information through periodic reports 3. (/{/
filed with the IRS or SEC 4.
5.
•
Signatur : , t, L/ Date: JUN 1 3
ge y's Authorize Represents ve(usually the Grant Administrator named in the application and the grant
contract)
By signing above, I certify that the information contained in this FFATA data report is complete and accurate to the best of
my knowledge.
Page 12 of 13—Statement of Project
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
I. Agency or Jurisdiction DUNS Number: '6 75'7
c.f.515—
2. Subrecipient Name Receiving Award:
/!/ 97,7-Te Ceien ,a> E=-ct'.icvir.c- .2>zYccd-#s
3. Subrecipient Parent DUNS Number:
(Report if different from subrecipient number) 7£1477-7 951 rr
4. Location of Entity Receiving Award:
street address) lik7.D Gtre//Tfi �c}c,c�ii/wit-i'T
(Full 9/5 70-L4 .
Eiztnry, e1,. dc,(,3v
5. Primary Location of Performance of the Award: `-r /no. '/vim
(City, State and Congressional District) y c
Answer True or False
6. In the preceding fiscal year, Contractor received:
Fitsil
a. $25,000,000 or more in annual gross revenues from
federal procurement contracts/subcontracts and/or
federal financial assistance awards or subawards
subject to the Transparency Act.
b. 80%or more of its annual gross revenues fromfiia,E
federal procurement contracts/subcontracts and/or
federal financial assistance awards or subawards
subject to the Transparency Act.
c. The public does not have access to information about �/ZA/C
the compensation of its five most highly compensated
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 ' ning f below, I fy the information contained in this report is complete and accurate to the best of my knowledge.
i � (46)---r---
C _ 3 2011
S' ature of Repoo ible Admin Dale
Page 13 of 13 —Statement of Project
•
EXHIBIT D
MAXIMUM INCOME LIMIT
Effective March 14,2010
MAXIMUM INCOMES FOR"LOW-INCOME" AND"MODERATE-INCOME" HOUSEHOLDS-- in current(2009)
dollars
(to be used only for CDBG projects funded under the 1988 and subsequent CDBG Program Guidelines)
"Low Income"is defined as being 50%of area median income. "Moderate Income"is defined as being 80%of area
median income.
Persons whose current household incomes do not exceed these maximum income limits are considered to be low and
moderate income(LMI)persons in the CDBG program. CDBG grantees and applicants whose projects involve the
individual selection and qualification of beneficiaries based on their current incomes(as is the case in housing
rehabilitation,job creation and other"direct benefit"projects)must use these income limits in determining whether
beneficiaries are LMI persons. CDBG grantees and applicants using Department-approved surveys to obtain information
on the current incomes of project beneficiaries must use these income limits to estimate the LMI benefit of project
activities.
Household Size
COUNTY Type of 1 2 3 4 5 6 7 8
Household Person Person Person Person Person Person Person Person
ADAMS COUNTY Moderate Income 42500 48600 54650 60700 65600 70450 75300 80150
Low Income 26600 30400 34200 37950 41000 44050 47100 50100
Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
ARAPAHOE COUNTY Moderate Income 42500 48600 54650 60700 65600 70450 75300 80150
Low Income 26600 30400 34200 37950 41000 44050 47100 50100
ARCHULETA Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
COUNTY Low Income 19750 22600 25400 28200 30500 32750 35000 37250
BACA COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
BENT COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
BOULDER COUNTY Moderate Income 45100 51550 58000 64400 69600 74750 79900 85050
Low Income 31400 35850 40350 44800 48400 52000 55600 59150
BROOMFIELD Moderate Income 42500 48600 54650 60700 65600 70450 75300 80150
COUNTY Low Income 26600 30400 34200 37950 41000 44050 47100 50100
CHAFFEE COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
CHEYENNE COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
CLEAR CREEK Moderate Income 42500 48600 54650 60700 65600 70450 75300 80150
COUNTY Low Income 26600 30400 34200 37950 41000 44050 47100 50100
CONEJOS COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
Note: Economic Development Projects, administered by the Office of Economic Development and International
Trade, shall screen employees on the basis of family income according to these limits(instead of household
income).
COUNTY Type of 1 2 3 4 5 6 7 8
Household Person Person Person Person Person Person Person Person
COSTILLA COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
CROWLEY COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
CUSTER COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
DELTA COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
DENVER COUNTY Moderate Income 42500 48600 54650 60700 65600 70450 75300 80150
Low Income 26600 30400 34200 37950 41000 44050 47100 50100
DOLORES COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
DOUGLAS COUNTY Moderate Income 42500 48600 54650 60700 65600 70450 75300 80150
Low Income 26600 30400 34200 37950 41000 44050 47100 50100
EAGLE COUNTY Moderate Income 45100 51550 58000 64400 69600 74750 79900 85050
Low Income 29750 34000 38250 42500 45900 49300 52700 56100
ELBERT COUNTY Moderate Income 42500 48600 54650 60700 65600 70450 75300 80150
Low Income 26600 30400 34200 37950 41000 44050 47100 50100
EL PASO COUNTY Moderate Income 39550 45200 50850 56500 61050 65550 70100 74600
Low Income 24750 28250 31800 35300 38150 40950 43800 47850
FREMONT COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
GARFIELD COUNTY Moderate Income 40450 46200 52000 57750 62400 67000 71650 76250
Low Income 25300 28900 32500 36100 39000 41900 44800 47700
GILPIN COUNTY Moderate Income 42500 48600 54650 60700 65600 70450 75300 80150
Low Income 26600 30400 34200 37950 41000 44050 47100 50100
GRAND COUNTY Moderate Income 39350 44950 50550 56150 60650 65150 69650 74150
Low Income 24600 28100 31600 35100 37950 40750 43550 46350
GUNNISON COUNTY Moderate Income 37050 42350 47650 52900 57150 61400 65600 69850
Low Income 23150 26450 29750 33050 35700 38350 41000 43650
HINSDALE COUNTY Moderate Income 32600 37250 41900 46550 50300 54000 57750 61450
Low Income 20400 23300 26200 29100 31450 33800 36100 38450
Page 2 of 4—Exhibit B—Statement of Project
COUNTY Type of 1 2 3 4 5 6 7 8
Household Person Person Person Person Person Person Person Person
HUERFANO Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
COUNTY Low Income 19750 22600 25400 28200 30500 32750 35000 37250
JACKSON COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
JEFFERSON Moderate Income 42500 48600 54650 60700 65600 70450 75300 80150
COUNTY Low Income 26600 30400 34200 37950 41000 44050 47100 50100
KIOWA COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
KIT CARSON Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
COUNTY Low Income 19750 22600 25400 28200 30500 32750 35000 37250
LAKE COUNTY Moderate Income 32600 37250 41900 46550 50300 54000 57750 61450
Low Income 20400 23300 26200 29100 31450 33800 36100 38450
LA PLATA COUNTY Moderate Income 37750 43150 48550 53900 58250 62550 66850 71150
Low Income 23600 27000 30350 33700 36400 39100 41800 44500
LARIMER COUNTY Moderate Income 41950 47950 53950 59900 64700 69500 74300 79100
Low Income 26250 30000 33750 37450 40450 43450 46450 49450
LAS ANIMAS Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
COUNTY Low Income 19750 22600 25400 28200 30500 32750 35000 37250
LINCOLN COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
LOGAN COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
MESA COUNTY Moderate Income 33600 38400 43200 48000 51850 55701 59550 63400
Low Income 21000 24000 27000 30000 32400 0 37200 39600
34800
MINERAL COUNTY Moderate Income 32600 37250 41900 46550 50300 54000 57750 61450
Low Income 20400 23300 26200 29100 31450 33800 36100 38450
MOFFAT COUNTY Moderate Income 32450 37050 41700 46300 50050 53750 57450 61150
Low Income 20300 23200 26100 28950 31300 33600 35900 38250
MONTEZUMA Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
COUNTY Low Income 19750 22600 25400 28200 30500 32750 35000 37250
MONTROSE Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
COUNTY Low Income 19750 22600 25400 28200 30500 32750 35000 37250
Page 3 of 4—Exhibit B—Statement of Project
COUNTY Type of 1 2 3 4 5 6 7 8
Household Person Person Person Person Person Person Person Person
MORGAN COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
OTERO COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
OURAY COUNTY Moderate Income 35500 40550 45600 50650 54750 58800 62850 66900
Low Income 22200 25350 28500 31650 34200 36750 39250 41800
PARK COUNTY Moderate Income 42500 48600 54650 60700 65600 70450 75300 80150
Low Income 26600 30400 34200 37950 41000 44050 47100 50100
PHILLIPS COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
PITKIN COUNTY Moderate Income 46050 52600 59200 65750 71050 76300 81550 86800
Low Income 33400 38200 42950 47700 51550 55350 59150 63000
PROWERS COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
PUEBLO COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
RIO BLANCO Moderate Income 31650 36200 40700 45200 48850 52450 56050 59700
COUNTY Low Income 19800 22600 25450 28250 30550 32800 35050 37300
RIO GRANDE Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
COUNTY Low Income 19750 22600 25400 28200 30500 32750 35000 37250
ROUTT COUNTY Moderate Income 44750 51150 57550 63900 69050 74150 79250 84350
Low Income 28000 32000 36000 39950 43150 46350 49550 52750
SAGUACHE COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
SAN JUAN COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
SAN MIGUEL Moderate Income 43050 49200 55350 61450 66400 71300 76200 81150
COUNTY Low Income 26900 30750 34600 38400 41500 44550 47650 50700
SEDGWICK COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
SUMMIT COUNTY Moderate Income 45100 51550 58000 64400 69600 74750 79900 85050
Low Income 30550 34900 39250 43600 47100 50600 54100 57600
TELLER COUNTY Moderate Income 40600 46400 52200 58000 62650 67300 71950 76600
Low Income 25400 29000 32650 36250 39150 42050 44950 47850
WASHINGTON Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
COUNTY Low Income 19750 22600 25400 28200 30500 32750 35000 37250
WELD COUNTY Moderate Income 36400 41600 46800 52000 56200 60350 64500 68650
Low Income 22750 26000 29250 32500 35100 37700 40300 42900
YUMA COUNTY Moderate Income 31600 36100 40600 45100 48750 52350 55950 59550
Low Income 19750 22600 25400 28200 30500 32750 35000 37250
Page 4 of 4—Exhibit B—Statement of Project
Elizabeth Strong
From: Monica Mika
Sent: Monday, June 13, 2011 9:33 AM
To: Elizabeth Strong
Subject: FW: CDBG approval by the BOCC today
Will you please add this for the CDBG contract today? Thanks
Monica Daniels-Mika
Director of Finance and Administration
Finance and Administration
915 10th Street
Greeley, Co 80632
(970) 336 7205 ext. 4210
mmika@co.weld.co.us
, 0 4 i 7 a I I
•
W F O !COJN T r
u
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: Eric Berglund jmailto:EBerglundOupstatecolorado.oral
Sent: Monday, June 13, 2011 9:30 AM
To: Monica Mika
Subject: RE: CDBG approval by the BOCC today
Hi, Monica-
I was aware of the changes the FRC made a couple of weeks ago. OEDIT staff at the hearing asked if it would be okay
and I agreed. They approved the $750,000 as that was all they had and anticipate being able to give us the remainder to
$1.5 million later in the summer if we have the demand for the funds. They said it would be easier to give us all they
had and modify the contract.
Hope that works alright with the County.
Eric
From: Monica Mika Jmailto:mmikat co.weld.co.usl
Sent: Monday,June 13, 2011 9:20 AM
To: Eric Berglund
Subject: CDBG approval by the BOCC today
1
I wanted to make sure you know the BOCC is going to approve this today. I assume you know that the award letter is for
$750K and will run until 2013. Of the 750 only 100K can be used for administration of funds. This might be different
from the current grant. Did you look at this?
Monica Daniels-Mika
Director of Finance and Administration
Finance and Administration
915 10th Street
Greeley, Co 80632
(970) 336 7205 ext. 4210
mmika@co.weld.co.us
ie< i . 10 II
W E d oG'6U N'fT
uJ
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.
2
Hello