HomeMy WebLinkAbout20092859.tiffRESOLUTION
RE: APPROVE WELD COUNTY YOUTH CONSERVATION CORPS GRANT AGREEMENT
AND AUTHORIZE CHAIR TO SIGN - GOVERNOR'S COMMISSION ON COMMUNITY
SERVICE, COLORADO AMERICORPS PROGRAM
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 Weld County Youth Conservation Corps
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 Human Services,
Employment Services of Weld County, and the Governor's Commission on Community Service,
Colorado AmeriCorps Program, commencing October 5, 2009, and ending October 4, 2010, 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, that the Weld County Youth Conservation Corps 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 Human Services, Employment Services of Weld County, and
the Governor's Commission on Community Service, Colorado AmeriCorps Program, 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 October, A.D., 2009, nunc pro tunc October 5, 2009.
ATTEST:
Weld County Clerk to
BY:
Deputy Cler to the Boar
APPf0VT AS TO,FO
C. unty Attorney
Date of signature: 11/4/49
BOARD OF COUNTY COMMISSIONERS
WELD CQS11$T>, COLORADO
William F. Garcia. Chair
Dduglape Rademacc er, Pro-Tem
Sea'P Conway
arbra Kirkmeyer
David E. Long
C --,
N-SC3c)le_7(�
2009-2859
HR0080
///'b//x/
MEMORANDUM
♦ �ft
DATE: October 26, 2009
TO: William F. Garcia, Chair, Board of County Commissioners
IIIDCFROM Judy A. Griego, Director, Human Services Department
COLORADO RE:
Contract between the Weld County Department of Human
Services' Employment Services and the Governor's
Commission on Community Service
Enclosed for Board Approval is a Contract between the Department's Employment Services and
the Governor's Commission on Community Service, Colorado AmeriCorps Program. The Grant
Proposal was reviewed at the Board's November 3, 2008, Work Session. This Contract was
presented at the Board's October 26, 2009, Work Session.
This Contract provides for the continued operation of the Weld County Youth Conservation
Corps/AmeriCorps Program. This Contract is a result of the proposal submitted by Employment
Services to operate the Weld County Youth Conservation Corps/AmeriCorps Program for an
additional three (3) year period.
Funding provided for the Program is $122,849.00 and the period of performance is October 5,
2009 through October 4, 2010.
if you have any questions, please give me a call at extension 6510.
2009-2859
Routing N CMS
STATE OF COLORADO
Office of the Lieutenant Governor
Governor's Commission on Community Service
GRANT AGREEMENT
with
Board of Weld County Commissioners,
Weld County Divison of Human Services
TABLE OF CONTENTS
I. PARTIES 1
2. EFFECTIVE DATE and NOTICE OF NONLIABILITY. 1
3. RECITALS 1
4. DEFINITIONS 2
5. TERM, EARLY TERMINATION, AND PROCEDURE TO EXTEND TERM. 3
6. STATEMENT OF WORK 3
7. PAYMENTS TO GRANTEE 3
8. REPORTING - NOTIFICATION 5
9. GRANTEE RECORDS 5
10. CONFIDENTIAL INFORMATION -STATE RECORDS 6
I I. CONFLICTS OF INTEREST 6
12. REPRESENTATIONS AND WARRANTIES 6
13. INSURANCE 7
14. BREACII 8
15. REMEDIES 8
16. NOTICES and REPRESENTATIVES 10
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE 11
18. GOVERNMENTAL IMMUNITY I 1
19. STATEWIDE GRANT MANAGEMENT SYSTEM I I
20. GENERAL PROVISIONS 12
21. COLORADO SPECIAL PROVISIONS 14
22. SIGNATURE PAGE 16
23. EXHIBIT A - STATEMENT OF WORK
24. EXHIBIT B - BUDGET
1. PARTIES
This Grant Agreement (hereinafter called "Grant") is entered into by and between Board of Weld County
Commissioners, Weld County Division of Human Services (hereinafter called "Grantee"), and the STATE OF
COLORADO acting by and through the Office of the Lieutenant Governor on behalf of the Governor's
Commission on Community Service (hereinafter called the "State" or "GCCS").
2. EFFECTIVE DATE and NOTICE OF NONLIABILITY.
This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller
or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Grantee
for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any
provision hereof prior to the Effective Date.
3. RECITALS
A. Authority, Appropriation, And Approval
Authority to enter into this Grant exists in the National Community and Service Act of 1990, as amended
by the National and Community Service Trust Act and the Edward M. Kennedy Serve America Act,
codified as 42 U.S.C. § 12501, et seq., its implementing regulations, 42 C.F.R. Part 2510, and Executive
Order B 008 02. Funds have been budgeted, appropriated and otherwise made available pursuant to those
authorities; and a sufficient unencumbered balance thereof remains available for payment. Required
approvals, clearance and coordination have been accomplished from and with appropriate agencies.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Grant.
C. Purpose
The purpose of this Grant is to recruit, train, monitor, and evaluate up to twenty (20)AmeriCorps Members
to serve in commnity based projects in Weld County.
D. References
All references in this Grant to sections (whether spelled out or using the § symbol), subsectionss, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments contained herein
or incorporated as a part hereof, unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Budget
"Budget" means the budget for the Work described in Exhibit A. The budget itself is Exhibit B.
B. Evaluation
"Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in §6
and Exhibit A.
C. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein: Exhibit A (Statement of Work) and
Exhibit B (Budget).
D. Goods
"Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
E. Grant
"Grant" means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference
under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references
incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies.
F. Grant Funds
"Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant.
G. Outside Funds
"Outside Funds" means funds that Grantee raises for the Work from sources other than this Grant.
H. Party or Parties
"Party" means the State or Grantee and "Parties" means both the State and Grantee.
I. Program
"Program" means the Governor's Commission on Community Service AmeriCorps grant program that
provides the funding for this Grant.
J. Review
"Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in accordance
with the criteria established in §6 and Exhibit A.
K. Services
"Services" means the required services to be performed by Grantee pursuant to this Grant.
L. Sub -grantee
"Sub -grantee" means third -parties, if any, engaged by Grantee to aid in performance of its obligations.
M. Work
"Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant
and Exhibit A., including the performance of the Services and delivery of the Goods.
Page 2 of 16
N. Work Product
"Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to,
software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents,
drawings, models, surveys, maps, materials, or work product of any type, including drafts.
5. TERM, EARLY TERMINATION, AND PROCEDURE TO EXTEND TERM.
A. Initial Term
This Grant is awarded for an intial term of one year. The Parties' respective performances under this Grant
shall commence on the later of either the Effective Date or October 5, 2009. This Grant shall terminate on
October 4, 2010, unless sooner terminated or further extended as specified elsewhere herein.
B. Term Extensions.
i. Applications to extend term.
Provided that Grantee is not then in default of this Grant, Grantee shall have the right, but no
obligation, to apply to extend the term of this Grant for up to two additional one-year terms. Such
applications may include requests to modify the scope of the Work and the number of participants.
If the State requires particular forms or procedure for such requests, Grantee shall comply with all
such requirements, including applicable deadlines.
ii. Application review.
The State shall evaluate any application submitted in accordance with §5.B.1 in accordance with the
terms of this Grant and applicable state or federal law. The State's decision with respect to such an
application shall be a matter of discretion, which the State shall exercise in accordance with all
applicable state and federal laws. In evaluating any request to extend the term of this Grant, the
State shall give due consideration to the Applicant's prior performance and results with this Grant,
funds available or reasonably expected at the time of the State's decision, and the requirements and
goals of all state and federal programs then providing or reasonably expected to provide funds
during the requested extension of this Grant.
6. STATEMENT OF WORK
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibit A on or before
October 4, 2010, unless this Grant is terminated or extended before that date. If not sooner terminated or
extended, this Grant shall terminate without further action by either Party on October 4, 2010. The State
shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the
termination of this Grant.
B. Goods and Services
Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the
State.
C. Employees
All persons employed by Grantee or Sub -grantees shall be considered Grantee's or Sub -grantees'
employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result
of this Grant.
7. PAYMENTS TO GRANTEE
The State shall, in accordance with the provisons of this §7, pay Grantee in the following amounts and using the
methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State during the intial term specified in
§5.A., above, is $122,849, as determined by the State from available funds. Grantee agrees to provide any
additional funds required for the successful completion of the Work. Payments to Grantee are limited to the
unpaid obligated balance of the Grant as set forth in Exhibit B. An extension of this Grant and/or a
modification of the Work in accordance with §5, above, may but need not necessarily increase the
maximum amount payable under this Grant to Grantee by the State.
Page 3 of 16
B. Payment
i. Advance, Interim and Final Payments
Any advance payment allowed under this Grant shall comply with State Fiscal Rules and be made in
accordance with the provisions of this Grant.
Monies obligated under this Grant may be made available on an advance payment basis, at the State's
sole discretion. Utilizing this procedure, cash may be advanced to Grantee to cover estimated
disbursement needs for an initial period of one month. Thereafter, Grantee shall be reimbursed for its
actual cash expenditures. Such advances shall be subject to the following provisions:
a. Requests for advance may be made on a need basis. However, no more than one month's
advance amount shall be outstanding at the end of any two (2) month period. Any advance
payment or portion thereof outstanding at the termination of the Grant shall become
immediately due and payable to the State; and
b. The request for advance shall be accompanied by a detailed statement of costs disbursed to
date and a detailed estimate of costs to be disbursed during the period covered by the
advance.
Advance payments may be limited or eliminated at any time by the State, in its sole discretion, should
Grantee's lack of performance under this Grant present a programmatic or financial risk to the State.
ii. Interest
The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced
represents peformance by Grantee previously accepted by the State. Uncontested amounts not paid by
the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance beginning on
the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that
interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall
invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the
delinquent payment, the number of day's interest to be paid and the interest rate.
iii. Available Funds -Contingency -Termination
The State is prohibited by law from making fiscal commitments beyond the term of the State's current
fiscal year. Therefore, payments by the State to Grantee on this Grant are contingent upon the
continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth
below. If federal funds are used with this Grant in whole or in part, the State's performance hereunder
is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be
made only from available funds encumbered for this Grant; and the State's liability for such payments
shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not
appropriated, or otherwise become unavailable to fund this Grant, the State may immediately
terminate this Grant in whole or in part without further liability in accordance with the provisions
herein.
iv. Erroneous Payments
At the State's sole discretion, payments made to Grantee in error for any reason, including, but not
limited to overpayments or improper payments, and unexpended or excess funds received by Grantee,
may be recovered from Grantee by deduction from subsequent payments under this Grant or other
Grants, grants or agreements between the State and Grantee or by other appropriate methods and
collected as a debt due to the State. Such funds shall not be paid to any party other than the State.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in the Budget.
D. Matching Funds
Grantee shall provide inkind or cash matching funds as provided in Exhibit B during the initial term
specified in §5.A. During the initial term, Grantee shall raise Outside Funds equal to not less than 52% of
all funds for the Work to be funded by this Grant. Whenever Grantee requests a payment from the State
under this Grant, Grantee shall demonstrate to the satisfaction of the State that Grantee has on hand Outside
Funds of not less than $52 raised for every $48 that Grantee requests from the State. Grantee shall report to
the State regarding the status of such outside funds upon request. The valuation of in kind matching shall
be determined by GCCS.
Page 4 of 16
8. REPORTING - NOTIFICATION
Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in
such form as prescribed by the State and in accordance with §19, if applicable.
A. Performance, Progress, Personnel, and Funds
Grantee shall submit a report to the State upon expiration or sooner termination of this Grant, containing an
Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In
addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit A.
B. Litigation Reporting
Within 10 days after being served with any pleading in a legal action filed with a court or administrative
agency, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder,
Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal
representative as identified herein. If the State's principal representative is not then serving, such notice and
copies shall be delivered to the Executive Director of GCCS.
C. Noncompliance
Grantee's failure to provide reports and notify the State in a timely manner in accordance with this §8 may
result in the delay of payment of funds and/or termination as provided under this Grant.
D. SubGrants
Copies of any and all subGrants entered into by Grantee to perform its obligations hereunder shall be
submitted to the State or its principal representative upon request by the State. Any and all subGrants
entered into by Grantee related to its performance hereunder shall comply with all applicable federal and
state laws and shall provide that such subGrants be governed by the laws of the State of Colorado.
9. GRANTEE RECORDS
Grantee shall make, keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not
limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record
Retention Period) until the last to occur of the following: (i) a period of three 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 (the "Record Retention Period").
B. Inspection
Grantee shall permit the State, the federal government and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to
this Grant during the Record Retention Period for a period of three years following termination of this
Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to
evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable
times and places during the term of this Grant, including any extension. If the Work fails to conform to the
requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with
Grant requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re -
performance or other corrective measures, the State may require Grantee to take necessary action to ensure
that future performance conforms to Grant requirements and exercise the remedies available under this
Grant, at law or inequity in lieu of or in conjunction with such corrective measures.
C. Monitoring
Grantee shall permit the State, the federal government, and other governmental agencies having
jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of
this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures,
examination of program data, special analyses, on -site checking, formal audit examinations, or any other
Page 5 of 16
procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly
interfere with Grantee's performance hereunder.
D. Final Audit Report
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 a copy of the final audit report to the State or its principal representative at the
address specified herein.
10. CONFIDENTIAL INFORMATION -STATE RECORDS
Grantee shall comply with the provisions on this §10 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to,
state records, personnel records, and information concerning individuals.
A. Confidentiality
Grantee shall keep all State records and information confidential at all times and to comply with all laws
and regulations concerning confidentiality of information. Any request or demand by a third party for State
records and information in the possession of Grantee shall be immediately forwarded to the State's
principal representative.
B. Notification
Grantee shall notify its agent, employees, Sub -grantees, and assigns who may come into contact with State
records and confidential information that each is subject to the confidentiality requirements set forth herein,
and shall provide each with a written explanation of such requirements before they are permitted to access
such records and information.
C. Use, Security, and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee
or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee
shall provide and maintain a secure environment that ensures confidentiality of all State records and other
confidential information wherever located. Confidential information shall not be retained in any files or
otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State.
D. Disclosure -Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause for
legal action by third parties against Grantee, the State or their respective agents. Grantee shall 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, Sub -grantees, or assignees pursuant to this §10.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or personal activities or practices or maintain any relationships which
conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that
with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. Absent
the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that
reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a
conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of
interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in
regard to the apparent conflict constitutes a breach of this Grant.
12. REPRESENTATIONS AND WARRANTIES
Grantee makes the following specific representations and warranties, each of which was relied on by the State in
entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and
diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant.
Page 6 of 16
B. Legal Authority — Grantee and Grantees Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions
required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully
authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its
terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter
into this Grant within 15 days of receiving such request.
C. Licenses, Permits, Etc.
Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term
hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other
authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain
all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to
properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds.
Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all
required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation
or other foreign entity transacting business in the State of Colorado, further warrants that it currently has
obtained and shall maintain any applicable certificate of authority to transact business in the State of
Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation,
withdrawal or non -renewal of licenses, certifications, approvals, insurance, permits or any such similar
requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a
material breach by Grantee and constitute grounds for termination of this Grant.
13. INSURANCE
Grantee and its Sub -grantees shall obtain and maintain insurance as specified in this § at all times during the
term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS
§20.-10-101, et seq., as amended (the "GIA"), then Grantee shall maintain at all times during the term
of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet
its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if
requested by the State. Grantee shall require each Grant with Sub -grantees that are public entities,
providing Goods or Services hereunder, to include the insurance requirements necessary to meet Sub -
grantee's liabilities under the GIA.
ii. Non -Public Entities
If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain
during the term of this Grant insurance coverage and policies meeting the same requirements set forth
in §13(B) with respect to sub -Grantees that are not "public entities".
B. Sub -Grantees
Grantee shall require each Grant with Sub -grantees, other than those that are public entities, providing
Goods or Services in connection with this Grant, to include insurance requirements substantially similar to
the following:
i. Worker's Compensation
Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance
covering all of Grantee and Sub -grantee 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 Grantees, products and completed
operations, blanket Grantual 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 shall immediately obtain additional
Page 7 of 16
insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document
satisfactory to Grantee showing compliance with this provision.
iii. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with
a minimum limit of $1,000,000 each accident combined single limit.
iv. Additional Insured
Grantee and the State shall be named as additional insured on the Commercial General Liability and
Automobile Liability Insurance policies (leases and construction Grants require additional insured
coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent).
v. Primacy of Coverage
Coverage required of Grantee and Sub -grantees 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 this Grant and secured and maintained by Grantee or its
Sub -grantees 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
Grantee and all Sub -grantees shall provide certificates showing insurance coverage required hereunder to
the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the
expiration date of any such coverage, Grantee and each Sub -grantee shall deliver to the State or Grantee
certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other
time during the term of this Grant or any sub -grant, Grantee and each Sub -grantee shall, within 10 days of
such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this
§13.
14. BREACH
A. Defined
In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform
any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner,
constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or
similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of
its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof,
shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in
the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a
cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued
with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything
to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and
may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety
or to prevent immediate public crisis.
15. REMEDIES
If Grantee is in breach of any provision of this Grant, the State shall have all of the remedies listed in this §15 in
addition to all other remedies set forth in other sections of this Grant following the notice and cure period set
forth in §14(B). The State may exercise any or all of the remedies available to it, in its sole discretion,
concurrently or consecutively.
Page 8 of 16
A. Termination for Cause and/or Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its
completion in accordance with the provisions of this Grant and in a timely manner, the State may notify
Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to
promptly cure such non-performance within the cure period, the State, at its option, may terminate this
entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform.
Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall
continue performance of this Grant to the extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or render
further performance hereunder past the effective date of such notice, and shall terminate outstanding
orders and sub -Grants with third parties. However, Grantee shall complete and deliver to the State all
Work, Services and Goods not cancelled by the termination notice and may incur obligations as are
necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to
the State all of Grantee's right, title, and interest under such terminated orders or sub -Grants. Upon
termination, Grantee shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Grantee in which the State has an interest. All materials owned by the
State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the
option of the State, shall be delivered by Grantee to the State and shall become the State's property.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after
termination by the State, it is determined that Grantee was not in breach or that Grantee's action or
inaction was excusable, such termination shall be treated as a termination in the public interest and the
rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public
interest, as described herein.
iii. Damages and Witholding
Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State
for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the
State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until
such time as the exact amount of damages due to the State from Grantee is determined. The State may
withhold any amount that may be due to Grantee as the State deems necessary to protect the State,
including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the
State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for
excess costs incurred by the State in procuring from third parties replacement Work, Services or
substitute Goods as cover.
B. Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further
the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part.
Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This
sub§ shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall
be governed by §15(A) or as otherwise specifically provided for herein.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the
effective date of the termination and whether it affects all or a portion of this Grant.
ii. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations
and rights set forth in §15(A)(i).
iii. Payments
If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which
bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily
Page 9 of 16
performed bear to the total Services covered by this Grant, less payments previously made.
Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion
of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee
which are directly attributable to the uncompleted portion of Grantee's obligations hereunder;
provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to
Grantee hereunder.
C. Remedies Not Involving Termination
The State, its sole discretion, may exercise one or more of the following remedies in addition to other
remedies available to it:
i. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary
corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or
performance schedule. Grantee shall promptly cease performance and incurring costs in accordance
with the State's directive and the State shall not be liable for costs incurred by Grantee after the
suspension of performance under this provision.
ii. Withold Payment
Withhold payment to Grantee until corrections in until corrections in Grantee's performance are
satisfactorily made and completed.
iii. Deny Payment
Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot
be performed or, if performed, would be of no value to the State; provided, that any denial of payment
shall be reasonably related to the value to the State of the obligations not performed.
iv. Removal
Demand removal of any of Grantee's employees, agents, or Sub -grantees whom the State deems
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest.
v. Intellectual Property
If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right
while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the
State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other
product involved with non -infringing products or modify them so that they become non -infringing; or,
(c) if neither of the forgegoing alternatives are reasonably available, remove any infringing Goods,
Services, or products and refund the price paid therefore to the State.
16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices required to
be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard -copy
notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from
time to time designate by written notice substitute addresses or persons to whom such notices shall be sent.
Unless otherwise provided herein, all notices shall be effective upon receipt.
A. State:
Mark E. Skinner, Senior Program Officer
Governor's Commission on Community Service
225 East le Avenue
Suite B-52
Denver, Colorado 80203
Email: Mark.Skinner@state.co.us
Page 10ofl6
i
B. Grantee:
Tami Grant
Board of Weld County Commissioners,
Weld County Division of Human Services
P.O. Box 1805
Greeley, CO 80632
Email: igrantnco.weld.co.us
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its
obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered
to the State by Grantee upon completion or termination hereof. The State's exclusive rights in such Work
Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative
works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose
other than the performance of Grantees's obligations hereunder without the prior written consent of the State.
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied,
of any of the immunities, rights, benefits, protection, or other provisions of the 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.
19. STATEWIDE GRANT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date
or at anytime thereafter, this §19 applies.
Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601,
§24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion
of Grant performance information in a statewide Grant management system.
Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation
and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's
performance will be systematically recorded in the statewide Grant Management System. Areas of Evaluation
and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information
relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific
requirements of such obligations and shall include factors tailored to match the requirements of Grantee's
obligations. Such performance information shall be entered into the statewide Grant Management System at
intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the
end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall
address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
meet the performance measures established hereunder, the Executive Director of the Colorado Department of
Personnel and Administration (Executive Director), upon request by the GCCS, and showing of good cause,
may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final
Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or
correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment
protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of
the debarment and reinstatement of Grantee, by the Executive Director, upon showing of good cause.
'age II of 16
20. GENERAL PROVISIONS
A. Assignment and SubGrants
Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subGranted
without the prior, written consent of the State. Any attempt at assignment, transfer, subGranting without
such consent shall be void. All assignments, subGrants, or Sub -grantees approved by Grantee or the State
are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subGranting
arrangements and performance.
B. Binding Effect
Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors,
and assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all of which shall constitute one
agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions,
deletions, or other changes hereto shall not have any force or affect whatsoever, unless embodied herein.
F. Indemnification -General
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, Sub -grantees, or assignees
pursuant to the terms of this Grant; however, the provions hereof shall not be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the
Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
2671 et seq., as applicable, as now or hereafter amended.
G. Jurisdction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
H. Modification
vi. By the Parties
Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless
agreed to in writing by both parties in an amendment to this Grant, properly executed and approved in
accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller
Policies, including, but not limited to, the policy entitled MODIFICATIONS OF GRANTS - TOOLS
AND FORMS.
vii. By Operation of Law
This Grant is subject to such modifications as may be required by changes in Federal or Colorado
State law, or their implementing regulations. Any such required modification automatically shall be
incorporated into and be part of this Grant on the effective date of such change, as if fully set forth
herein.
I. Order of Precedence
The provisions of this Grant shall govern the relationship of the State and Grantee. In the event of conflicts
or inconsistencies between this Grant and its exhibits and attachments including, but not limtied to, those
provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in
the following order of priority:
i. Colorado Special Provisions,
ii. The provisions of the main body of this Grant,
Page 12 of 16
iii. Exhibit A, and
iv. Exhibit B.
J. Severability
Provided this Grant can be executed and performance of the obligations of the Parties accomplished within
its intent, the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof.
K. Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance,
compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by
the State if Grantee fails to perform or comply as required.
L. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all
State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions
apply when materials are purchased or services rendered to benefit the State; provided however, that certain
political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the
product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State
is prohibited from paying for or reimbursing Grantee for them.
M. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and
not to any third party. Any services or benefits which third parties receive as a result of this Grant are
incidental to the Grant, and do not create any rights for such third parties.
N. Waiver
Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder,
whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any
subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement.
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Page 13of16
21. COLORADO SPECIAL PROVISIONS
The Special Provisions apply to all Grants except where noted in italics.
A. 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. 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. 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. INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation
benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or
any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its
employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay
when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this
Grant. Grantee shall not have authorization, express or implied, to bind the State to any Grant, liability or
understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law, (b) provide
proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its
employees and agents.
E. 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. 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. 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 contact or incorporated herein by reference shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this Grant shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions,
Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of
public funds. If the State determines that Grantee is in violation of this provision, the State may exercise
any remedy available at law or in equity or under this Grant, including, without limitation, immediate
termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
Page 14 of 16
I. EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Grantee's services and Grantee shall not employ any person having such known interests.
J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4.
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. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101.
Grantee certifies, warrants, and agrees that it does not knowingly employ or Grant with an illegal alien who
shall perform work under this Grant and shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States to perform work under this Grant, through participation in
the E -Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall
not knowingly employ or Grant with an illegal alien to perform work under this Grant or enter into a Grant
with a Sub -grantee that fails to certify to Grantee that the Sub -grantee shall not knowingly employ or Grant
with an illegal alien to perform work under this Grant. Grantee (a) shall not use E -Verify Program or State
program procedures to undertake pre -employment screening of job applicants while this Grant is being
performed, (b) shall notify the Sub -grantee and the Granting State agency within three days if Grantee has
actual knowledge that a Sub -grantee is employing or Granting with an illegal alien for work under this
Grant, (c) shall terminate the subGrant if a Sub -grantee does not stop employing or Granting with the
illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made
in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department
of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the
Granting State agency, Institution of Higher Education or political subdivision, a written, notarized
affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply
with all of the other requirements of the State program. If Grantee fails to comply with any requirement of
this provision or CRS §8-17.5-101 et seq., the Granting State agency, institution of higher education or
political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for
damages.
L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101.
Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal
law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of
identification required by CRS §24-76.5-103 prior to the effective date of this Grant.
SPs Effective 1/1/09
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Page 15 of 16
22. SIGNATURE PAGE
Grant Routing Number
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
Board of Weld County Commissioners
By: William P. Garcia
tle: Chair
—
STATE OF COLORADO
Bill Ritter, Jr. GOVERNOR
Office of the Lieutentant Governor
Governor's Commission on Community Service
*Signature
Date: 0CT (: r: 2'i )9
ruce Atchi e of Staff
i
Date: // / 0 9'
By:
LEGAL REVIEW
John W. Suthers, Attorney General
Signature - Assistant Attorney General
Date:
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. McDermott, CPA
By: 4„--L_
Date: l2 — p 2 — p
Page 16 of 16
.?CC' 9 -, cs5
23. EXHIBIT A — STATEMENT OF WORK
A. General Description
Grantee, Board of Weld County Commissioners, Weld County Division of Human Services, shall perform
the following tasks and activities to fulfill its obligations under this Grant:
i. Recruitment and Training
The Grantee's program, the Weld County Youth Conservation Corps (WCYCC) AmeriCorps project
shall recruit up to 15 members to work on a variety of projects in Greeley and the surrounding county
of Weld. AmeriCorps crews shall be developed as needed to ensure community needs are met timely.
Projects shall develop service projects addressing the targeted needs in its community.
The WCYCC shall recruit up to 20 AmeriCorps members. The WCYCC shall recruit from schools,
colleges, Craig's List, mass emailing to faith based organizations, and flyers. WCYCC shall also
access resources such as the juvenile justice system, probation departments, and juvenile courts.
Additionally, youth on waiting lists for alternative education services, shall also be considered for
recruitment.
The WCYCC shall balance the crew diversity with youth whose life experiences have been more
positive and who have been more successful to provide peer mentoring with the at -risk youth
members.
Member training shall include team building activities, an overview of the history of the WCYCC and
youth corps movement in Colorado, and meetings with project sponsors. Other orientation trainings
shall include: first aid/CPR, conflict resolution, diversity training, citizenship, Community Emergency
Response Training (CERT).
Training shall prepare members to perform the activities on specific projects and shall be provided by
the project sponsor prior to starting work on the project. The type of training shall vary based on the
type of work to be done and the knowledge of the crewmembers. Training shall always include an
overview of project goals, how the project affects the community, safe operation of equipment as
appropriate, specific processes to be followed and any technical training specific to the project.
The parties expect CYCL&C AmeriCorps to apply in accordance with § 5.B.1., to extend this Grant
for two more terms of one year each, and the parties expect such applications to request funding
during each such additional term for as many as 175 members.
ii. Performance and Evaluation
During the initial term of this Grant members shall perform a diverse range of activities at several host
sites in and around Weld County.
Members shall participate in a variety of education and training based activities designed to increase
their knowledge and employability. 90% of members will participate in training opportunities and will
receive a certificate in three (3) or more areas to include but are not limited to: CPR/First Aid, CERT,
Disability Awareness, 15 -Passenger Van Driver Safety, OSI, Noxious Weed Eradication and Civic
Engagement.
Members will provide meaningful service to projects which target conservation efforts, improve the
environment, improve or create recreation, and which meet the identified needs of the local
communities. Members will complete up to 24 projects that focus on conservation efforts, improve the
environment, improve or create recreation areas including parks, trails, pools, etc. 20 of the 24 projects
(85%), completed shall rate the services received as meeting or exceeding expectations. Results shall
be reported in the mid year and final evaluation reports.
The WCYCC continuously assesses its effectiveness in the delivery of services to its project sponsors
and the effect that it has on its corps members. Project evaluations completed by project sponsors rate
the quality of the work, benefit to the sponsor, the cost savings and the overall evaluation of the crew's
effectiveness. Evaluations also include the number of service hours provided. Member development
Page 1 of3
evaluation includes the number of members achieving the development outputs/outcomes, e.g. GED,
certificates obtained from member development training, etc. All of these evaluation results are
reviewed immediately against outputs/outcomes with a management team debriefing to determine the
need for program improvement alterations or adjustments.
The Weld County Workforce Development Board and the Weld County Youth Council provide
evaluations of the programs structure, target populations, services, performance, other program
functions, as well as general oversight. External fiscal audits are provided through the county's
arrangement for external auditing of programs.
B. Grantee's Obligations
i. Mid year progress report due November 15 of each year.
ii. Final progress report due June 15 of each year.
iii. Reporting to GCCS about Outside Funds, on request, in accordance with §7.D.of this Grant.
C. Personnel
i. Responsible Administrator.
Grantee's performance hereunder shall be under the direct supervision of Tami Grant, Program Manager
of Grantee, who is hereby designated as the responsible administrator of this project and a Key Person.
ii. Replacement.
Grantee shall immediately notify the State 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 State
and seek its approval. Such approval is at the State 's sole discretion, as the State 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 would take effect. Anytime Key Personnel cease to serve, the State, in its sole discretion, may
direct Grantee to suspend work on the Work until such time as their replacements are approved. All
notices sent under this sub§ shall be sent in accordance with the Notices and Representatives provisions
of this Grant.
D. Payment
Payments shall be made no more frequently than monthly in accordance with the provisions set forth in
the Grant and this Exhibit A and are scheduled as follows:
i. Requests for reimbursement shall be submitted no later than the 20th day of the month following the
month for which reimbursement is requested.
ii. The method of payment shall be cost reimbursement, with all contract costs charged to the appropriate
corresponding budget categories specified in the budget set forth in Exhibit B, unless otherwise
approved by the State. If Grantee costs incurred are allowable and necessary, as approved by the
State, the State may reimburse Grantee monthly and no less frequently than quarterly.
E. Administrative Requirements
i. Accounting.
At all times from the Effective Date of this Grant until completion of the Work, Grantee shall maintain
properly segregated books of State Grant Funds, matching funds, and other funds associated with the
Work. All receipts and expenditures associated with said Work shall be documented in a detailed and
specific manner, and shall accord with the Work Budget set forth herein.
ii. Monitoring.
The State shall monitor this Work on an as -needed basis. The State may choose to audit the business
activities performed under this Grant. Grantee shall maintain a complete file of all records, documents,
communications, notes and other written materials or electronic media, files or communications, which
pertain in any manner to the operation of activities undertaken pursuant to an executed Grant. Such
Page 2 of 3
books and records shall contain documentation of the participant's pertinent activity under this Grant in
a form consistent with good accounting practice.
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Page 3 of 3
Gas Vouchers/Bus Passes for Members: 2,399 0
CATEGORY Totals 2,399 27000
D. Equipment
24. EXHIBIT B — BUDGET
Budget Narrative: Weld County Youth Conservation Corps (WCYCC) for Board of Weld
County Commissioners, Weld County Division of Human Services
Section I. Program Operating Costs
A. Personnel Expenses
Position/Title -Qty-Annual Salary-% lime
Crew Leader: - 1 person(s) at 32781 each x 100 % usage
Team Leader'.- 1 person(s) at 38004 each x 30 % usage
Program Director'. - 1 person(s) at 51632 each x 10 % usage
CATEGORY Totals
B. Personnel Fringe Benefits
CNCS Share Grantee Share Total Amount
17,701 15,080 I 32,781
6,157 5,244 i 11,401
2787 '. 2,376 l 5,163
26645 22,700 I 49,345
Purpose -Calculation -Total Amount CNCS Share Grantee Share i Total Amount
Crew Leader: Fringe is calculated § 30% of salaryattnbuted to grant 5,310 4,524 9,834
Team Leader'. Fringe is calculated @ 30% of salaryattributed to grant 1,847 1574 3,421
Program Director: Fringe is calculated @ 30% of salaryattnbuted to grant 836 713 1,549 '..
CATEGORY Totals I 7993 6,811 14,804
C. Travel
Staff Travel
N/A
Member Travel
Purpose -Calculation
CATEGORY Totals
CNCS Share Grantee Share Total Amount
0
Purpose -Calculation CNCS Share Grantee Share Total Amount
Transportation project sites, training, all caps day, etc: $1.80 per mile (cost of 0 27000 27,000
P P9
depreciation. es. maintenance) x 15000 miles
2399
29,399
tem/Purpose -OF/ -Unit Cost CNCS Share Grantee Share Total Amount
N/a:-0x5000 0 0 0
Page I of 4
CATEGORY Totals 0 0 0
E. Supplies
item -Calculation CNCS Share
Member Uniforms/Member equipment/safety equipment: 20 members x $300 2 O00
CATEGORY Totals 2,000
F. Contractual and Consultant Services
Purpose -Calculation -Daily Rate CNCS Share
N/A: - Daly Rate of 0 0
CATEGORY Totals 0
G. Training
Staff Training
Grantee Share Total Amount
4,000 6,000
4,000 6,000
Grantee Share Total Amount
0 0
0 0
Purpose -Calculation -Daily Rate CNCS Share Grantee Share Total Amount
State Commission Training project site taiing: No cost to Program- Daily Rate of
0
CATEGORY Totals 0
Member Training
Purpose -Calculation -Daily Rate CNCS Share Grantee Share Total Amount
Basic Skills/Ged preparation:4 members@ 2O00 ea- Daily Rate of 10 0 8000 8,000
CATEGORY Totals i 8,000 8000
H. Evaluation
Purpose -Calculation -Daily Rate CNCS Share Grantee Share
Internal Evaluation by Board: Based on staff me to compile reports and data -
Daily Rate of 0
I. Other Program Operating Costs
Purpose -Calculation
Travel to CNCS-Sponsored Meetings:
CATEGORY Totals
CATEGORY Totals
800
0 800
Total Amount
800
800
CNCS Share Grantee Share Total Amount
1,000 1,000 2,000
1,000 1,000 2,000
Page 2 of 4
SECTION Totals
PERCENTAGE
Section II. Member Costs
A. Living Allowance
40.037
36%
Item- # Mbrs w/ Allow -Allowance Rate - # Mbrs w/o Allow CNCS Share
Full Time (1700 hrs): 0 Member(s) at a rate of 0 each
'.. Members W/O allowance 0
1 -Year Half Tme (900 hours): 20 Member(s) at a rale of 5700 each
Members W/O allowance 0
2 -Year Half Time (1st Year)' Member(s) at a rate of each
Members W/O allowance
2 -Year Half Time (2nd Year): Member(s) at a rate of each
Members W/O allowance
Reduced Half Time (675 bra), Member(s) eta rate of each
Members W/O allowance
Quarter Tme (450 his). Member(s) at a rate of each
Members W/O allowance
Minimum Time (300 hrs): Member(s) al a rate of each
Members W/O allowance
CATEGORY Totals
B. Member Support Costs
68,400
0
68 400
70311 110,348 '..,
64%
Grantee Share Total Amount
0 0
45,600 114,000
0
0
0
0
45,600
0
114 000
Purpose -Calculation CNCS Share Grantee Share Total Amount
FICA for Members: 10 MSY 11,400 x 7,65% 5,232
Workers Compensation: Weld County is self insured and does not pay
insurance costs. Members are covered for Worker's Compensation as well as l
unemployment insurance under this self insured status.
Health Care: 10 MSYrg 127.50 per month
CATEGORY Totals
SECTION Totals
9,180
14.412
82 812
PERCENTAGE 60%
3.489 8,721
0
6,120 15,300
9609 24021
55,209 138,021
40%
Section III. Administrative/Indirect Costs
A. Corporation Fixed Percentage
Item -Calculation CNCS Share Grantee Share Total Amount
Corporation Fixed Amount 0 6,143 6,143
Page 3 o14
Commission Fixed Amount:
0 0
CATEGORY Totals 0 6,143 6,143
B. Federally Approved Indirect Cost Rate
Calculation -Cost Type - Rate Claimed -Cost Basis -Rate CNCS Share Grantee Share Total Amount
CATEGORY Totals 0 0 0
SECTION Totals 0 6,143 6,143
PERCENTAGE 0% 100%
Source of Funds
Section
Section I. Program Operating
Costs
Section II. Member Costs
Section III.
Administrative/ntlirect Costs
BUDGET Totals
PERCENTAGE
Total MSYs
Cost/MS)/
Match Descript on
122,649
48%
10 00
12285',
131.663 254,512
52%
Amount Type Source
Page 4 of4
STATE OF COLORADO
GOVERNOR'S OFFICE OF INFORMATION TECHNOLOGY
601 East 18th Avenue, Suite 250
Denver, Colorado 80203
Phone (303) 764-7700
Fax (303) 764-7725
www.colorado.gov/oit
December 3, 2009
Board of Weld County Commissioners
Weld County Division of Human Services
P.O. Box 1805
Greeley, CO 80632
3
Bill Ritter, Jr.
Governor
Michael Locatis
State Chief Information Officer
Attn: Tami Grant
Re: Grant Agreement # 6138
Enclosed you will find a fully signed and executed copy of Grant Agreement Number 6138 between Board
of Weld County Commissioners, Weld County Division of Human Services and the State of Colorado,
Office of the Lieutenant Governor, Governor's Commission on Community Service (GCCS) for your files
We look forward to doing business with you. In the future, should you have any questions about the
Agreement, please contact Mark Skinner at the GCCS at (303) 866-2565.
Sincerely,
Cindy How
Procurement Assistant
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Increasing the effectiveness of government through information technology
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