HomeMy WebLinkAbout20101373.tiff RESOLUTION
RE: APPROVE EMERGENCY SHELTER GRANT AGREEMENT AND AUTHORIZE CHAIR TO
SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Emergency Shelter Grant Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Greeley/Weld County Housing Authority, and the
Colorado Department of Local Affairs, commencing July 1, 2010, and ending June 30, 2011, with
further terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, ex-officio Housing Authority Board,that the Emergency Shelter Grant Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Greeley/Weld County Housing Authority, and the
Colorado Department of Local Affairs be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of June, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
Olaine***
WIELD COUNTY COLORADO
ATTEST:.-3 . c + •___..- - atiar
Ii,,i (' at . J gl.s Rade acher, Chair
Weld County Clerk to the Bo.I• ;�-
As r- USED
`, rbara Kirkmeyer, Pro-Tem
De y Cler y the Board
Sean P. Conway
APP M: 4
W F.�cia
c,L)
oun Attorney („,c
David E. Long
Date of signature: l Ill IIO
Q prig-sera k) c , Tern T. (A A) 2010-1373
-ro-rn - A l 1 - DI -ID HA0029
ilkGREELESINGY/ WELD
HOU AUTHORITIES Nii P.O. Box 130
Greeley, Colorado 80632-0130
(970) 353-7437
(970) 353-7463 Fax
(800) 659-2656 TTY Relay
June 9, 2010
Memo To Weld County Commissioners
From: Tom Teixeira Weld County Housing Authority p-r--
Enclosed is the 2010 Emergency Shelter Grant contract from the Department of Local
Affairs detailing the Grant for Weld County. We requested $98,500 and received
$63,000 or 64% of our request.
The table below details the amount requested by each agency and the funds they
received.
Agency Requested Received Percentage
Greeley Transitional House $15,000 $12,000 80%
A Woman's Place $22,500 $15,000 66%
Catholic Charities $40,000 $22,000 55%
Room at the Inn $10,000 $6,000 60%
Stepping Stones $8,000 $4,000 50%
Administration $3,000 $4,000 133%
The Division of Housing has request the contracts be returned by June 14, 2010. I am
requesting the contracts be signed this week and with approval at the June Housing
Authority Board Meeting.
Staff recommends that the contract be executed and returned to the Department of Local
Affairs prior to June 14, 2010
Housing Authority of the City of Greeley • Weld County Housing Authority A
903 6th Street • Greeley, Colorado a..aa,u.i=.
ESG: Weld County Housing Authority/#10-931
Phase I Waiver#:203
Catalog of Federal Domestic Assistance(CFDA)#: 14.231
Contract Routing# NAA /84('
Encumbrance#HIESG10-931
Account Code(s): /oe-/-/CCrr/ -G&3--SW/-603/-6660
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
EMERGENCY SHELTER GRANT AGREEMENT
with
Weld County Housing Authority
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 4
9.PAYMENTS TO GRANTEE 4
10. REPORTING AND NOTIFICATION 5
11.GRANTEE RECORDS 5
12.CONFIDENTIAL INFORMATION-STATE RECORDS 6
13. CONFLICT OF INTEREST 7
14.REPRESENTATIONS AND WARRANTIES 7
15.INSURANCE 8
16.DEFAULT-BREACH 9
17.REMEDIES 10
18.NOTICES and REPRESENTATIVES 11
19.GOVERNMENTAL IMMUNITY 12
20.LEGAL RESIDENT 12
21.GENERAL PROVISIONS 12
22.COLORADO SPECIAL PROVISIONS 15
23.SIGNATURE PAGE 17
EXHIBIT A-APPLICABLE LAWS 1
EXHIBIT B—STATEMENT OF PROJECT(SOP) 1
Page 1 of 17 Pages Form Revised:01/2009
soi0--/373
1. PARTIES
THIS GRANT AGREEMENT("Grant")is entered into by and between Weld County Housing Authority.
("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 Colorado Division of Housing("CDOH").
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-C 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 §24-32-705(1)0). 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 of improving the
quality of emergency shelters and services for the homeless.
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
(Applicable Law), Exhibit B (Statement of Project).
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.
Page 2 of 17 Pages Form Revised:01/2009
H. Project Budget
Project Budget means the Project Budget described in the Exhibit B.
I.Services
Services means services performed or tangible material produced or delivered in completing the Project
and in performance of Grantee's other obligations hereunder.
J.Termination Date
Termination Date means the date this Grant terminates as described in§5(A)below.
K. Work Product
Work Product means software, research, reports, studies, data, photographs, negatives or other finished or
unfinished documents, drawings, models, surveys, maps, materials, or work product of any type,
including drafts, prepared by Grantee in completing the Project and in performance of Grantee's other
obligations hereunder.
5. TERM and EARLY TERMINATION
A. Initial Term-Work Commencement
The term of this Grant shall commence on the later of the Effective Date or July 1, 2010, and terminate on
June 30, 2011, 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 the Statement of Project.
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]:
1. Z 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 the Modification subsection of the General Provisions below.
C. Early Termination
This Grant is subject to early termination in accordance with the general remedies provisions of§17
below and as specifically otherwise provided for herein.
6. STATEMENT of PROJECT
Grantee shall complete the Project and perform its other obligations as described herein and in Exhibit B.
Grantee shall prosecute its obligations hereunder and in Exhibit B with due diligence to completion. The
Department, in its sole discretion,but in accordance with limitations imposed by the Office of the State
Controller, may change budgetary lines in the Project Budget section of Exhibit B.The Department shall
send notice of such changes within 60 days in accordance with§18 below.
7. MATCHING FUNDS
A. Amount
Grantee shall provide matching funds as provided in Exhibit B. Grantee shall raise the full amount of
matching funds during the term of this Grant and shall report to the Department regarding the status of
such funds as required in Exhibit B.
B. Breach
Grantee's failure to raise matching funds,to keep records, and/or to report may affect its continued
participation in the Program under which this Grant operates. In addition,the Department may terminate
this Grant under the Termination for Cause subsection of§17 below, if the Department has reasonable
evidence that Grantee will be unable to raise such matching funds during the term hereof.
Page 3 of 17 Pages Form Revised: 01/2009
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.
B. Project Budget Line Item Adjustments
Unless stated otherwise in Project Budget, Grantee: [check one]
i. ® Shall not adjust individual budget line amounts without approval of the Department. Such
approval shall be in the form of:
a) a notice issued by the Department in accordance with§18 below; or
b) an amendment in accordance with the Modification subsection of the General Provisions
below.
ii. ❑ May adjust individual budget line amounts without the Department's approval if:
a) there are no transfers to or between administration budget lines; and
b) the cumulative budgetary line item changes do not exceed the lesser of fifteen percent of the
total budgeted amount or$20,000.
9. PAYMENTS TO GRANTEE
Grantee shall be paid in the following amounts and manners, subject to return of any unexpended Grant
Funds:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the Department shall be $63,000.00,as
determined by the Department from available funds. The Department shall reimburse Grantee for costs
approved in the Project 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 Program Funds payable as reimbursement under this Contract,and any extension hereof,shall
include all Contractor'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 30 days after the end of the period for which payment is requested, and final billings under
this Grant shall be received by the Department within 45 days after termination hereof. Untimely
requests for payment may be accepted at the sole discretion of the Department.
ii. 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 with a properly addressed stamped
envelope to the address 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
Page 4 of 17 Pages Form Revised: 01/2009
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.
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§9(C)are unavailable in whole or part,the State may, in its sole
discretion, reduce its total funding commitment hereunder in proportion to the reduction in additional
funds. If Grantee fails to refund payments as set forth in§9(B)(iii)above, the State may offset the amount
not returned against any other unpaid funds the State owes Grantee under any other grant, agreement, or
obligation between the Parties.
10. REPORTING AND NOTIFICATION
Reports and analyses required under this section shall be made in accordance with procedures and in such
form as prescribed by the Department.
A. Performance,Progress,Personnel,and Funds
Grantee shall comply with all reporting requirements set forth in Exhibit B.
B. Litigation
Within 10 days after being served with any pleading related to this Grant or the Project, in a legal action
filed with a court or administrative agency, Grantee shall notify the Department of such action and deliver
copies of such pleadings to the Department's principal representative in accordance with§18 below. If a
Department principal representative is not then serving, such notice and copies shall be delivered to the
Executive Director of the Department.
C. Noncompliance
Grantee's failure to provide reports and notify the Department in a timely manner in accordance with this
section may result in the delay of payment of funds and/or termination under§17 below.
11. GRANTEE RECORDS
Grantee shall make, keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall maintain a complete file of all records, documents, communications, notes and other written
materials, electronic media files, and communications, pertaining in any manner to the Project or the
delivery of Services(including, but not limited to the operation of programs)or Goods hereunder.
Grantee shall maintain such records (the Record Retention Period)until the last to occur of the following:
i. a period of five years after the date this Grant is completed or terminated, or
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 occuring, 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
Page 5 of 17 Pages Form Revised: 01/2009
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. The provisions §14(E), §16,
and/or§17 below shall apply if project performance does not conform to Grant requirements.
C. Monitoring
Grantee also shall permit the State,the federal government or any other duly authorized agent of a
governmental agency, in the sole discretion of such governmental agency,to monitor all activities
conducted by Grantee pursuant to this Grant, using any reasonable procedure, at the discretion of such
governmental agency, including,but not limited to: internal evaluation procedures, examination of
program data, special analyses,on-site checking, and formal audit examinations. All such monitoring
shall be performed in a manner which will not unduly interfere with Grantee's performance hereunder.
D. Final Audit Report
If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this
Grant, Grantee shall submit one copy of the final audit report to the Department's principal representative
at the address specified in §18 below.
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
No Confidential Information of any kind shall 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. §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.
Page 6 of 17 Pages Form Revised: 01/2009
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 subgrantees,or parties to sub-
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 subgrant, 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. The provisions
§14(E), §16,and/or§17 below shall apply if Grantee's performance does not conform to Grant
requirements.
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.
Page 7 of 17 Pages Form Revised:01/2009
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,
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 coverages required
hereunder shall be issued by insurance companies satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a"public entity" within the meaning of the Colorado Governmental Immunity Act, 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;
Page 8 of 17 Pages Form Revised: 01/2009
b) $1,000,000 general aggregate;
c) $1,000,000 products and completed operations aggregate; and
d) $50,000 any one fire.
If any aggregate limit is reduced below$1,000,000 because of claims made or paid, sub-grantee or
subcontractor shall immediately obtain additional insurance to restore the full aggregate limit and
furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with
this provision.
iii.Automobile Liability
Automobile Liability Insurance covering any auto(including owned, hired and non-owned autos)
with a minimum limit of$1,000,000 each accident combined single limit.
iv.Additional Insured
Grantee and the State shall be named as additional 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 subgrantees 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 subgrant.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 Colorado Special Provisions 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.
Page 9 of 17 Pages Form Revised: 01/2009
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
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 Services and Goods 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.
Page 10 of 17 Pages Form Revised: 01/2009
i. Method and Content
The Department shall notify Grantee of the termination in accordance with§16 above and§18
below, specifying the effective date of the termination and whether it affects all or a portion of this
Grant.
ii. Obligations and Rights
Upon receipt of a termination notice,Grantee shall be subject to and comply with §17(A)(i)above.
iii.Payments
If this Grant is terminated by the Department in furtherance of the public interest of the State of
Colorado,Grantee shall be paid for satisfactory performance up to the date of termination less
payments previously made.
C. Remedies Not Involving Termination
The Department, its sole discretion, may exercise one or more of the following remedies in addition to
other remedies available to the Department:
i. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary
corrective action as specified by the Department without entitling Grantee to an adjustment in
price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in
accordance with the Department's directive and the Department shall not be liable for costs incurred
by Grantee after the suspension of performance under this provision.
ii. Withhold Payment
Withhold payment to Grantee until corrections in services are satisfactorily completed and/or
acceptable goods are provided.
iii.Deny Payment
Deny payment for those Services not performed and/or Goods not provided and which due to
circumstances caused by the Grantee cannot be performed or provided or, if performed or provided,
would be of no value to the Department; provided, that any denial of payment must be reasonably
related to the value of work, performance or Goods lost to the Department.
iv.Removal
Demand removal of any of Grantee's employees, agents, or subcontractors whom the 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:
Pat Coyle, Housing Director
Colorado Department of Local Affairs
1313 Sherman Street,Room 500
Denver,CO 80203
Email: shannon.picaso@state.co.us
B. Grantee:
Douglas Rademach,Chair
Weld County Housing Authority Board of Commissioners
Post Office Box 130
Greeley,Colorado 80634
Email: drademacher@co.weld.co.us
Page 11 of 17 Pages Form Revised:01/2009
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, 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 2, 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. GENERAL PROVISIONS
A. Assignment
Except as otherwise specifically provided in Exhibit B,Grantee's rights and obligations hereunder are
personal and may not be transferred,assigned or subcontracted, without the prior, written consent of the
State. Any attempt at assignment, transfer, 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 Contract 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
Page 12 of 17 Pages Form Revised: 01/2009
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 Contract.
G. Indemnification
i. Intergovernmental Grants
If this is an intergovernmental Grant, the provisions hereof shall not be construed or interpreted as a
waiver,express or implied, of any of the immunities, rights,benefits, protection, or other provisions,
of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims
Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
ii. Non-Intergovernmental Grants
Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any
and all claims, damages, liability and court awards including costs, expenses, and attorney fees and
related costs, incurred as a result of any act or omission by Grantee,or its employees, agents,
subcontractors, or assignees pursuant to the terms of this Grant.
H. 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.
I.Modification
i. By the Parties
Except as specifically provided in this Agreement, modification of this Agreement shall not be
effective unless agreed to in writing by both parties in an amendment to this Agreement, properly
executed and approved in accordance with Colorado State law and State Fiscal Rules.
ii. By Operation of Law
This Agreement is subject to such modifications as may be required by changes in Federal or
Colorado State law, or their implementing regulations.Any such required modification automatically
shall be incorporated into and be part of this Agreement on the effective date of such change, as if
fully set forth herein.
J.Order of Precedence
The provisions of this Agreement shall govern the relationship of the State and Grantee. In the event of
conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority:
i. §22,Colorado Special Provisions
ii. §§1-21 of this Grant Agreement
iii.Exhibit A,Applicable Laws
iv.Exhibit B, Statement of Project
K. Severability
Provided this Agreement can be executed and performance of the obligations of the Parties accomplished
within its intent,the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof.
L. Survival of Certain Agreement Terms
Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued
performance,compliance, or effect after termination hereof, shall survive such termination and shall be
enforceable by the State if Grantee fails to perform or comply as required.
M. Third Party Beneficiaries
Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties,
and not to any third party.Any services or benefits which third parties receive as a result of this
Agreement are incidental to the Agreement,and do not create any rights for such third parties.
Page 13 of 17 Pages Form Revised:01/2009
N. Waiver
Waiver of any breach of a term,provision, or requirement of this Agreement or any right or remedy
hereunder, whether explicitly or by lack of enforcement,shall not be construed or deemed as a waiver of
any subsequent breach of such term, provision or requirement, or of any other term, provision, or
requirement.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 14 of 17 Pages Form Revised:01/2009
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
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 funds. If the State determines that Grantee is in violation of this provision,the State may exercise
any remedy available at law or in equity or under this Grant, including, without limitation, immediate
termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
Page 15 of 17 Pages Form Revised:01/2009
I. 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-
50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall
not acquire any interest, direct or indirect,that would conflict in any manner or degree with the
performance of Grantee's services and Grantee shall not employ any person having such known interests.
J. 10. VENDOR OFFSET. CRS §§24-30-202(1) and 24-30-202.4.[Not Applicable to intergovernmental
agreements]
Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor
offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child
support arrearages; (b)unpaid balances of tax,accrued interest, or other charges specified in CRS §39-21-
101,et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education;
(d)amounts required to be paid to the Unemployment Compensation Fund; and(e)other unpaid debts
owing to the State as a result of final agency determination or judicial action.
IC 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
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 16 of 17 Pages Form Revised:01/2009
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 Housing Authority Bill Ritter,Jr.,GOVERNOR
DEPARTMENT OF LOCAL AFFAIRS
By: Douglas Rademacher ` t
By; .jai �,c.t/
usan E.Kirkp ic ,Executive Director
Title: Chair,Board of Commissioners 17Dat ./ .23/O acs7(pn �,,ce_ .is--
Signature PRE-APPROVED FORM CONTRACT REVIEWER
Date: La—( (3 — /O //�� / j�,,�
BY: 0l.[. .l�I / 401 -7
Autumn Gold,Housing grams Manager
Date: (yP 7 07 /0
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
D vid J.McDermott,CPA
By:
Barbara M,Casey,Controller Delegate
Date:7 (o •13--(Vel
Page 17 of 17 Pages Form Revised: 01/2009
ESG: Weld County Housing Authority/#10-931
EXHIBIT A-APPLICABLE LAWS
Federal laws and regulations incorporated into this contract include, without limitation:
1. Age Discrimination Act of 1975,42 U.S.C. Sections 6101,et seq.
2. Age Discrimination in Employment Act of 1967,29 U.S.C. 621-634
3. Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, et seq.
4. Equal Pay Act of 1963, 29 U.S.C. 206(d)
5. Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b
6. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794
7. Title VI of the Civil Rights Act of 1964,42 U.S.C. 2000d
8. Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e
9. Title IX of the Education Amendment of 1972, 20 U.S.C. 1681, et seq.
10. Section 24-34-302, et seq.,Colorado Revised Statutes 1997, as amended
11. The applicable of the following:
11.1. Cost Principals for State, Local and Indian Tribal Governments, 2 C.F.R. 225, (OMB Circular
A-87);
11.2. Cost Principals for Education Institutions, 2 C.F.R. 220, (OMB Circular A-21);
11.3. Cost Principals for Non-Profit Organizations, 2 C.F.R. 230, (OMB Circular A-122); and
11.4. Audits of States, Local Governments, and Non-Profit Organizations (OMB Circular A-133),
and/or the Colorado Local Government Audit Law, 29-1-601, et seq, C.R.S., and State
implementing rules and regulations.
12. Cranston-Gonzales National Affordable Housing Act of 1990,PL 101-625.
13. McKinney-Vento Homeless Act of 1987,Title IV, as amended, 42 U.S.C. 11371-78.
14. Colorado Housing Act of 1970, C.R.S. 1973,24-32-701 to 707.
15. Department of Housing and Urban Development — Independent Agencies Appropriations Act of
1989, P.L. 100-404 and Stewart B. McKinney Homeless Assistance Amendments Act of 1988, P.L.
100-628.
16. Emergency Shelter Grants Program: Stewart B. McKinney Homeless Assistance Act, Code of
Federal Regulations(C.F.R.), Title 24, Part 576.
17. Lead-Based Paint Poisoning Prevention Act—Title IV,42 U.S.C. 4821.
18. Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 U.S.C. 1701(u).
19. Uniform Federal Accessibility Standards, 24 C.F.R., Part 40, Appendix A.
20. Indian Self-Determination and Education Assistance Act, 25 U.S.C. 450e, Section 7b.
21. Termination of Assistance Procedures, Section 1402(d), Housing and Community Development Act
of 1992.
22. National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., as amended, and the
implementing regulations of Housing and Urban Development, 24 C.F.R., Part 58.
23. Council on Environmental Quality,40 C.F.R., Parts 1500 through 1508.
Page 1 of 1 —Exhibit A—Applicable Laws
ESG: Weld County Housing Authority/#10-931
EXHIBIT B-STATEMENT OF PROJECT(SOP)
1. GENERAL DESCRIPTION OF THE PROJECT
1.1. Project Description. The Emergency Shelter Grant(ESG)program helps improve the quality of
emergency shelters and services for the homeless. Grantee shall provide services for the following
ESG activities,as defined in §8 below: Operations, Essential Services, Homeless Prevention and/or
Staff Operations.
1.2. Responsibilities. Grantee shall be responsible for the completion of the Project and to provide required
documentation to CDOH in a timely manner.
1.3. Matching Funds. Grantee is required to provide at least a one-to-one match of the total ESG funds
during the term of this Grant. Funds used to match a previous ESG grant may not be used to match the
current grant award.
2. DEFINITIONS
2.1. List specialized terminologies used in the SOP:
Homeless persons are defined, for the purposes of this grant, as those persons which lack a fixed,
regular, and adequate nighttime residence or a person or family who has a primary nighttime residence
that is:
• A supervised publicly or privately operated shelter designed to provide temporary living
accomodations(including welfare,hotels,congregate shelters, and transitional housing for
persons with mental illness); or
• An institution that provides a temporary residence for individuals intended to be
institutionalized;or
• A public or private place not designed for, or ordinarily used as, a regular sleeping
accomodation for human beings.
2.2. List abbreviations used in the SOP: "NONE"
3. DELIVERABLES
3.1. Outcome. The Project is to provide homeless services for households.
3.2. Service Area. The performance of the services described within this Grant shall be located in Weld
County.
3.3. Project Performance Plan (PPP). All parties shall comply with the grant milestones, performance
goals and timelines.
4. PERSONNEL
4.1. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of,
Tom Teixeira, an employee or agent of Grantee, who is hereby designated as the responsible
administrator of this project.
4.2. Other Key Personnel: "NONE"
4.3. Replacement. Grantee shall immediately notify the Department 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 the Department 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 their
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
their replacements are approved. All notices sent under this subsection shall be sent in accordance with
§18 of the Grant.
Page 1 of 3 Pages—Exhibit B—Statement of Project
5. PAYMENT
Payments shall be made in accordance with the provisions set forth in§9 of the Grant.
5.1. Payment Schedule. Grantee shall disburse Grant Funds received from the State within fifteen days of
receipt. Excess funds shall be returned to the Department.
Payment Amount
Interim Payment(s) $63,000.00 Paid upon receipt of actual expense documentation and
written requests from the Grantee for reimbursement of
eligible approved program activities.
Final Payment Paid upon substantial completion of the Project,
provided that the Grantee has submitted,and the
Department has accepted, all required reports.
Total $63,000.00
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 Housing Authority
Post Office Box 130
Greeley, Colorado 80634
5.3. Interest. Grantee or subgrantee may keep interest earned from federal funds up to$100 per year for
administrative expenses.
6. ADMINISTRATIVE REQUIREMENTS
6.1. Reporting. Grantee shall submit the following reports to the Department using the state-provided
forms. The Department may withhold payment(s)if such reports are not submitted timely.
6.1.1.Financial Status Reports. One copy of the quarterly Financial Status Report shall be submitted
within 20 calendar days of the end of each calendar quarter.
6.1.2.Performance Reports. One copy of the Project Performance Plan quarterly report and one copy
of the quarterly Summary Beneficiary Report shall be submitted within 20 calendar days of the
end of each calendar quarter.
6.1.3.Project Completion Report. Within 30 days after the completion of the Project or the final draw,
whichever is later, the Grantee shall submit one copy of the Project Completion Report, and two
copies of the final Financial Status Report.
6.2. Monitoring. The Department shall monitor this Grant in accordance with its Risk Based Monitoring
Policy and §§11(B)-(C) and 14(B)of Grant Agreement. Final evaluation of the Project will be
accomplished when the Department approves the Project Completion Report.
Page 2 of 3 Pages—Exhibit B—Statement of Project
7. PROJECT BUDGET
Grantee shall not adjust budget amounts between activities without the written approval of the department,
as specified in§8(B)(i) of the Grant. Grantee shall notify the Department, in accordance with §18 of Grant,
when it adjusts budget amounts within an activity.
Abiiyity" ESG Match* Totat`'
Operations
-Catholic Charities $10,000.00
-A Women's Place $9,000.00
-Greeley Transitional House $8,000.00
-Room at the Inn $4,000.00
Essential Services
-Catholic Charities $6,000.00
-A Women's Place $6,000.00
-Room at the Inn $2,000.00
Homeless Prevention
- Stepping Stone $4,000.00
-Catholic Charities $4,000.00
-Greeley Transitional House $2,000.00
Staff Operations
-Catholic Charities $2,000.00
-Greeley Transitional House $2,000.00
Administration
-Weld County Housing Authority $4,000.00
Total $63,000.00 $63,000.00 $126,000.00
* Matching funds may be utilized on any of the activities/sub-activites
8. ESG ACTIVITIES.
Grantee shall ensure that all project activities are in accordance with 24 CFR Part 576.21, and all related
regulations and requirements. Only costs incurred for ESG funded activities, as detailed in§7 above,are
reimburseable. Activities and related services/costs allowed under ESG program, but not necessarily under
this Grant,are detailed below.
8.1. Eligible Activities.
8.1.1.Homeless Prevention. This activity includes the development and implementation of activities
including,but not limited to, short-term subsidies to defray rent, mortgage, or utility arrearages,
security deposits or first month's rent,and mediation or legal services.
8.1.2.Operations. This activity includes the payment of shelter maintenance, rent, repairs,security,
equipment, insurance, utilities, and furnishings;
8.1.3.Staff Operations. This activity may include salary, wages, fringe benefits, and insurance costs for
agency staff necessary to the operation of the program.
8.1.4.Essential Services. This activity includes, but is not limited to, services concerned with
employment, health, substance abuse, education, or food, including staff necessary to provide such
services. ESG monies provided may be used to provide these essential services only if the service
is a new service or a quantifiable increase in the level of essential services provided with local
funds during the twelve(12)months before the Grantee received its initial ESG grant; and
8.2. Ineligible Activities. ESG funds may not be used for:
8.2.1.Acquisition or construction of an emergency shelter for the homeless; or
8.2.2.Rehabilitation services.
Page 3 of 3 Pages—Exhibit B—Statement of Project
STATE OF COLORADO
DIVISION OF HOUSING R6°` cpk,
ye:
Patrick Coyle, Director
r8v6
Bill Ritter,Jr.
Governor
Susan E.Kirkpatrick
Executive Director
July 9, 2010
Douglas Rademach, Chair
Weld County Housing Board of Commissioners
P.O. Box 130
Greeley, CO 80634
RE: Contract#H1ESG10931
ESG10931
Dear Douglas Rademach:
Enclosed find your Emergency Shelter Grant contract for the period July 1, 2010 through
June 30, 2011.
For further information, please contact Ursula Melnic at 303-866-4644,
ursula.melnic(icstate.co.us.
S,i cerely,
A ison
Manager of H ing Programs
Colorado Department of Local Affairs
Division of Housing
1313 Sherman Street, Room 518, Denver,Colorado 80203 (303)866-2033 FAX (303) 866-4077 TDD (303) 866-5300
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