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Home My WebLink About20091683.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 upon full execution, and ending July 2, 2010, with further terms and conditions being as stated in said contract, 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 20th day of July, A.D., 2009. Weld County Clerk to the Deputy Cler to the Board bunty Attorney Date of signature. paraef BOARD OF COUNTY COMMISSIONERS WELD COUN Y, • ORADO C David E. Long y 2009-1683 HR0080 MEMORANDUM DATE: July 16, 2009 TO: William F. Garcia, Chair, Boar of ount Coimnissioners FROM: Judy A. Griego, Director, Hu n Services De RE: Contract between the Weld County Department of Human Services' Employment Services of Weld County and the Governor's Commission on Community Service, Colorado ARRA AmeriCorps Program Enclosed for Board approval is a Contract between the Weld County Department of Human Services' Employment Services of Weld County and the Governor's Commission on Community Service, Colorado AmeriCorps Program for the operation of the Weld County Youth Conservation Corps/ARRA AmeriCorps Program. This Contract was presented at the Board's March 23, 2009, Work Session. This contract is a result of the proposal submitted by Employment Services to operate the Weld County Youth Conservation Corps/ ARRA AmeriCorps Program. Funding provided for the Program is $100,800.00 and the period of performance is August 2009 through July, 2010. If you have questions, please give me a call at extension 6510. 2009-1683 3S - Routing # COFRS or CMS (after 7/1/09) STATE OF COLORADO c Governor's Commission on Community Service4, Grant Agreement with I8 Board of Weld County Commissioners, h'/� Weld County Division of Human Services '<. TABLE OF CONTENTS 1. PARTIES 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 3. RECITALS 1 4. DEFINITIONS 2 5. TERM and EARLY TERMINATION 3 6. STATEMENT OF WORK 3 7. PAYMENTS TO GRANTEE 3 8. REPORTING - NOTIFICATION 4 9. GRANTEE RECORDS 5 10. CONFIDENTIAL INFORMATION -STATE RECORDS 5 11. CONFLICTS OF INTEREST 6 12. REPRESENTATIONS AND WARRANTIES 6 13. INSURANCE 7 14. BREACH 8 15. REMEDIES 8 16. NOTICES and REPRESENTATIVES 10 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE 10 18. GOVERNMENTAL IMMUNITY 10 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM 10 20. GENERAL PROVISIONS 11 21. AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) 12 22. COLORADO SPECIAL PROVISIONS 15 23. SIGNATURE PAGE 17 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" or "Contractor"), and the STATE OF COLORADO acting by and through 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 all parties (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 and Approval Authority to enter into this Grant exists in Executive Order B 008 02, recreating the Governor's Commission on Community Service. Funds have been budgeted, and otherwise made available pursuant to the American Recovery and Reinvestment Act of 2009, P.L. 111-5 and through the National and Community Service Act of 1990 as amended, codified as 42 U.S.C. § 12501, et seq., and 45 C.F.R. Part 2510, et seq., AmeriCorps Grant Award Agreement No. #09RFHCO001 and a sufficient unencumbered balance thereof remains available for Paget of 17 ,R 5, -/e cFj payment. This Grant is being executed pursuant to the elected officials' exemption to Procurement Code. 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 AmeriCorps grants are designed to help meet identified community needs through direct services in the areas of education, environment, public safety, homeland security and other human needs. The purpose of this grant is to engage AmeriCorps members and community volunteers in efforts to stimulate the economy through the expansion of current programming or the addition of a new program component. D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. AmeriCorps "AmeriCorps"is a national service program that engages Americans of all ages and backgrounds in team based, results -driven service in the areas of education, public safety, environment, and helping communities prepare for and recover from disasters. AmeriCorps programs provide full and part-time opportunities for particpants, called members, to provide service to their communities through community organizations and agencies. B. Budget "Budget" means the budget for the Work described in Exhibit A. C. CNCS "CNCS" means the Corporation for National and Community Service. D. Effective Date "Effective Date" means the date this contract is signed and dated by the parties. E. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A (Budget), Exhibit B (Performance Measures), Exhibit C (Statement of Work), and Exhibit D (Insurance). F. Goods "Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. G. 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. H. Grant Funds "Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant. I. Member "Member" means an individual who engages in direct service activities tha meet an identified community need. J. Party or Parties "Party" means the State or Grantee and "Parties" means both the State and Grantee. K. Performance Measures "Performance Measures" means the tools used to define and communicate the needs a program will address and the impact the program will have. A Performance Measure provides indicators as to whether the Program is having the intended effect. L. Program Page 2 of 17 "Program" means the Recovery Weld County Youth Conservation Corps Program. This program is operated by the Board of Weld County Commissioners, Weld County Division of Human Services. M. 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 C (Statement of Work). N. Services "Services" means the required services to be performed by Grantee pursuant to this Grant. O. Sub -grantee "Sub -grantee" means third -parties, if any, engaged by Grantee to aid in performance of its obligations. P. Work "Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit C (Statement of Work), including the performance of the Services and delivery of the Goods. Q. 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 R. Youth Corps "Youth Corps." means crew -based employment and training programs for young people, typically ages 14- 25. S. Tier One Energy Audit A Tier One Energy Audit provides an overview and directions for further investigation. Its main use is to determine whether the level of energy use on the premises is reasonable or excessive, to highlight any obvious efficiency measures, and to provide initial benchmarks so that the impact of energy efficiency measures can be tracked and evaluated. It can also be used to plan a more comprehensive evaluation. 5. TERM and EARLY TERMINATION A. Intial Term -Work Commencement The Parties respective performances under this Grant shall commence on the later of either the Effective Date or July 3, 2009. This Grant shall terminate on July 2, 2010, unless sooner terminated or further extended as specified elsewhere herein. 6. STATEMENT OF WORK A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit C (Statement of Work) on or before July 2, 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 is $100,800, as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Workas required in Paragraph C below. Payments to Grantee are limited to the unpaid Page 3 of 17 obligated balance of the Grant as set forth in Exhibit A (Budget). Grantee shall provide the matching funds indicated in Exhibit A (Budget). The maximum amount payable by the State, and the State's share of the amounts indicated in Exhibit A (Budget) may be reduced by the State if Grantee is unable to meet the match requirements, or if a waiver request initiated by Grantee pursuant to CFR 2521.70 results in an amount which is insufficient to meet Grantee's budget requirements, in the State's sole determination. B. Payments i. Reimbursement, Interim and Final Payments All payments shall be made on a reimbursement basis. Payments will be made on a monthly basis, and not less than quarterly. Payment shall be approved by the GCCS. Grantee shall initiate any interim and final payment requests by submitting invoices to the State in the form and manner set forth in Exhibit A (Budget and Reimbursement Form) and attach all requested documentation in the form and manner approved by 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, Grantee's compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Grant in whole or in part, the State's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not 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 Exhibit A (Budget). Grantee may adjust budgeted expenditure amounts up to 10% within each line item of said Budget without approval of the State. Adjustments in excess of 10% shall be authorized by the State in an amendment to this Grant. The State's total consideration shall not exceed the maximum amount shown herein. D. Matching Funds Grantee shall provide matching funds as provided in Exhibit A. 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 (Budget) and Exhibit B (Performance Measures). B. Litigation Reporting Page 4 of 17 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 Toya M. Nelson, Executive Director, GCCS; PH: 303 866-2524; 225 E. 16`" Ave., Suite B-52, Denver, CO 80203. 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 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 Page 5 of 17 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 State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority — Grantee and 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 Page 6 of 17 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 section at all times during the term of this Grant. All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the "GIA"), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each 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 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 Page 7 of 17 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 under any provision of this Grant, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §14(B). The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Brach 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 Page 8 of 17 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. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this §15(11), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, 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. Page 9 of 17 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. 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 Skinner Governor's Commission on Community Service 225 E. 16th Ave., Suite B-52 Denver, CO 80203 mark.skinner@state.co.us B. Grantee: Tami Grant Weld County Youth Conservation Corps P.O. Box 1805, 1551 N. 17th Ave. Greeley, CO 80632-1805 tgrant(iico.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 CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Page 10 of 17 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 applying for 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. 20. GENERAL PROVISIONS A. Assignment and SubGrants 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, subgrants, subcontracts, Sub- contractors or Sub -grantees approved by the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting or subcontracting 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. Page 11 of 17 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. IL Modification i. By the Parties Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless agreed to in writing by 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. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. 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, iii. Exhibit A (Budget) iv. Exhibit B (Performance Measures) v. Exhibit C (Statement of Work). 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 for the benefit State's; 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. 21. AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) A. Reporting and Registration Requirements Page 12 of 17 Contractor shall provide complete, accurate, and timely reports to the State. The Contractor's failure to provide complete, accurate, and timely reports shall constitute an "Event of Default". Upon the occurrence of an Event of Default, the State may terminate this Grant upon 30 days prior written notice if the default remains uncured within five calendar days following the last day of the calendar quarter, in addition to any other remedy available to the State, in law or equity or in this Grant. B. Wage Rate Requirements All laborers and mechanics employed by Contractor and subcontractors on this Project shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality, as determined by the United States Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40 of the United States Code. (See ARRA Sec. 1606). The Secretary of Labor's determination regarding the prevailing wages applicable in Colorado is available at http://www.gpo.gov/davisbacon/co.html. C. Inspection and Audit of Records Contractor shall permit the United States Comptroller General or his representative or the appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1998 or his representative (1) to examine any records that directly pertain to, and involve transactions relating to, this Grant; and (2) to interview any officer or employee of the Contractor or any of its subcontractors/subgrantees. D. Whistleblower Protection Contractor shall not discharge, demote or otherwise discriminate against an employee for disclosures by the employee that the employee reasonably believes are evidence of: (1) gross mismanagement of a contract or grant relating to Covered Funds; (2) a gross waste of Covered Funds; (3) a substantial and specific danger to public health or safety related to the implementation or use of Covered Funds; an abuse of authority related to implementation or use of Covered Funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to Covered Funds. In this Subsection, "Covered Funds" shall have the same meaning as set forth in Section 1553(g)(2) of Division A, Title XV of the ARRA. (i) Recipient must post notice of the rights and remedies available to employees under Section 1553 of Division A, Title XV of the ARRA. (For Colorado employees see the State Personnel Employee Protection Act CRS §24-50-101 et. seq. and obtain the complaint form at www.colorado.gov/dpa/spb/does/WhistleblowerComplaint.doc (ii) Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts. E. Funding of Programs Contractor acknowledges that the programs supported with temporary federal funds made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, will not be continued with state financed appropriations once the temporary federal funds are expended. F. Fixed Price—Competetively Bid Contractor, to the maximum extent possible, shall award any subcontracts funded, in whole or in part, with ARRA funds as fixed -price contracts through the use of competitive procedures. G. Segregation of Costs Contractor shall segregate obligations and expenditures of ARRA funds from other funding. No part of funds made available under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be comingled with any other funds or used for a purpose other than that of making payments for costs allowable under the ARRA. H. Publication All contract solicitations funded in whole or in part with ARRA funds will be posted on the State BIDS website https://www.gssa.state.co.us/VenSols. All contracts resulting from the ARRA will be published on the State of Colorado's Recovery Web site, www.colorado.gov/recovery. Contractor shall include the Colorado Recovery logo on all signage or other publications in connection with the activities funded by the State of Colorado through funds made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5. Page 13 of 17 I. Non -Discrimination The Contractor shall comply with Title VI and Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and other civil rights laws applicable to recipients of Federal financial assistance. J. Restricted Use of Funds Contractor shall not use any of the funds made available under this Grant for any casino or other gambling establishment, aquarium, zoo, golf course, swimming pools, or similar projects. K. False Claims Act Contractor shall promptly refer to an appropriate federal inspector general any credible evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor or other person has committed a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. L. Conflicting Requirements Where ARRA requirements conflict with existing state requirements, ARRA requirements control. M. Job Opportunity Posting Requirements Contractor shall post notice of job opportunities created in connection with this Grant in the Connecting Colorado Job Site, http://www.connectingcolorado.com/. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 14 of 17 22. 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. I. EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507. Page 15 of 17 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. [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. K. 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 shall perform work under this Grant and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E -Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a contract with a Sub -grantee that fails to certify to Grantee that the Sub -grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E -Verify Program or State program procedures to undertake pre -employment screening of job applicants while this Grant is being performed, (b) shall notify the Sub -grantee and the granting State agency within three days if Grantee has actual knowledge that a Sub -grantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the subGrant if a Sub -grantee does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the Granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. L. 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. SPs Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 16 of 17 23. SIGNATURE PAGE 3Sa 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. BOARD OF WELD COUNTY COMMISSIONERS, WELD COUNTY DIVISION OF HUMAN SERVICES William F. Garcia Title: Chair Page 17 of 17 STATE OF COLORADO Barbara O'Brien,. LT. GOVERNOR Office of the Lieutenant Governor Bruce Atchison, Chief of Staff May 14, 2009 4:54 PM Recovery Weld County Youth Conservation Corps (WCYCC) Board of Weld County Commissioners, Weld County Division of Human Application ID: 09AC099930 Services Budget Dates: Section I. Program Operating Costs A. Personnel Expenses B. Personnel Fringe Benefits C. Travel Staff Travel Member Travel D. Equipment E. Supplies F. Contractual and Consultant Services G. Training Staff Training Member Training H. Evaluation I. Other Program Operating Costs Travel to CNCS-Sponsored Meetings Section I. Subtotal Section I Percentage Section II. Member Costs A. Living Allowance Full Time (1700 hrs) 1 -Year Half Time (900 hours) Reduced Half Time (675 hrs) Quarter Time (450 hrs) Minimum Time (300 hrs) 2 -Year Half Time (2nd Year) 2 -Year Half Time (1st Year) Total Amt 45,273 13,582 CNCS Share Grantee Share 24,898 20,375 8,148 5,434 0 0 0 27,000 1,504 25,496 Total $27,000 $1,504 $25,496 0 0 0 6,400 0 6,400 0 0 0 0 0 0 8,000 0 8,000 Total $8,000 $0 $8,000 800 0 800 0 0 0 0 0 0 Total $0 $0 $0 $101,055 $34,550 $66,505 34% 66% B. Member Support Costs FICA for Members Worker's Compensation Health Care Section II. Subtotal Section II. Percentages Section III. Administrative/Indirect Costs A. Corporation Fixed Percentage Corporation Fixed Amount Commission Fixed Amount B. Federally Approved Indirect Cost Rate Section III. Subtotal Section III Percentage Section I + Ill. Funding Percentages Budget Totals Budget Total Percentage Required Match N of years Receiving CNCS Funds 0 91,200 0 0 54,720 36,480 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total $91,200 $54,720 $36,480 6,977 0 4,186 2,791 0 0 12,240 7,344 4,896 Total $19,217 $11,530 $7,687 $110,417 $66,250 $44,167 60% 40% 5,040 0 Total $5,040 $5,040 $216,512 0 0 5,040 0 $0 $5,040 $0 $5,040 0% 100% 33% 67% $100,800 $115,712 47% 53% 0% 1 Form 424A Modified SF -424A (4/88 and 12/97) Pagel p ! 7 May 14, 2009 4:54 PM Recovery Weld County Youth Conservation Corps (WCYCC) Board of Weld County Commissioners, Weld County Division of Human Services Total MSYs Cost/MSY 8.00 $12,600 Form 424A Modified SF -424A (4/88 and 12/97) Page 2 04- Budget Narrative for 09AC099930 https://egrantsl.cns.gov/espan/main/report.Jsp?std=c0a806Ue3Ud ° Budget Narrative: Recovery 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 -Oty -Annual Salary -% Time CNCS Share Grantee Share Total Amount Crew Leader: -1 person(s) at 36196 each x 100 % usage 19,907 18,289 36,196 Team Leader. - 1 person(s) at 39143 each x 10 % usage 2,152 1,762 3,914 Program Director: - 1 person(s) at 51633 each x 10 % usage 2,839 2,324 5,163 CATEGORY Totals 24,898 20,375 45,273 B. Personnel Fringe Benefits Purpose -Calculation -Total Amount CNCS Share Grantee Share Total Amount Crew Leader: Fringe is calculated @ 30% of salary attributed to grant 6,515 4,344 10,859 Team Leader: Fringe Is calculated 0 30% of salary attributed to grant 704 470 1,174 Program Director: Fringe Is calculated ® 30% of salary attributed to grant 929 820 1,549 CATEGORY Totals 8,148 5,434 13,582 C. Travel Staff Travel N/A: Member Travel Purpose -Calculation Purpose -Calculation CATEGORY Totals Transportation to project sites, training, etc.: Calculated @ $1.80 per mile (cost of gas, maintenance, deprecipation) x 15000 miles D. Equipment • Item/Purpose -Oty -Unit Cost CATEGORY Totals CNCS Share Grantee Share Total Amount 0 0 0 0 0 0 CNCS Share Grantee Share Total Amount 1,504 25,496 27,000 1,504 25,496 27,000 CNCS Share Grantee Share Total Amount 3/27/2009 4:31 audgct Narrative for 09AC099930 https://egrantsl.cns.gov/espanlmain/report.Jsprstd=cUa8UbUesUd)' • • • N/A: - 0 x 5000 0 CATEGORY Totals 0 E. Supplies Item -Calculation Member Uniforms/member equipment/safety equipment: 16 members x $400 CATEGORY Totals F. Contractual and Consultant Services Purpose -Calculation -Daily Rate N/A: - Daily Rate of 0 CATEGORY Totals G. Training Staff Training Purpose -Calculation -Daily Rate N/A: - Daily Rate of 0 CATEGORY Totals Member Training Purpose -Calculation -Daily Rate Basic Skills/GED preparation: 4 members a 2,000 ea- Daily Rate of 10 CATEGORY Totals H. Evaluation Purpose -Calculation -Daily Rate Internal Evaluation by Board and staff time to compile reprts and data: - Daily Rate of 0 • I. Other Program Operating Costs 0 0 0 0 CNCS Share Grantee Share Total Amount 0 0 6,400 6,400 6,400 6,400 CNCS Share Grantee Share Total Amount 0 0 0 0 0 0 CNCS Share Grantee Share Total Amount 0 0 0 0 0 0 CNCS Share Grantee Share Total Amount 0 8,000 8,000 0 8,000 8,000 CNCS Share Grantee Share Total Amount 0 800 800 CATEGORY Totals 0 800 800 Purpose -Calculation CNCS Share Grantee Share Total Amount A7c 16-(? 3/27/2009 4:31 PI iudget'Narrative for 09ACO9993O https://egrantsl.cns.gov/espan/main/reportjsp?sid=c0a806Oe3Od544 Travel to CNCS-Sponsored Meetings: • N/A: • • Section II. Member Costs A. Living Allowance 0 0 0 0 0 0 CATEGORY Totals 0 0 0 SECTION Totals 34,550 66,505 101,055 PERCENTAGE 34% 66% Item - # Mbrs wl Allow -Allowance Rate - # Mbrs w/o Mow Full Time (1700 hrs): Member(s) at a rate of each Members W/O allowance 1 -Year Half Time (900 hours): 16 Member(s) at a rate 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 lime (675 hrs): Member(s) at a rate of each Members W/O allowance Quarter Time (450 hrs): Member(s) at a rate of each Members W/O allowance Minimum lime (300 hrs): Member(s) at a rate of each Members W/O allowance B. Member Support Costs Purpose Calculation FICA for Members: 8 MSY O11,400 x 7.65% 4,186 2,791 6,977 CNCS Share Grantee Share Total Amount 0 0 0 54,720 36,480 91,200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CATEGORY Totals 54,720 36,480 91,200 Worker's Compensation: Weld County is self insured and does not pay insurance costs. Members are covered for Worker's Compensation as well as unemployment Insurance under this self insured status. Health Care: 16 members © 127.50 per month CNCS Share Grantee Share Total Amount 0 0 0 7,344 4,896 12,240 CATEGORY Totals 11,530 7,687 19,217 SECTION Totals 66,250 44,167 110,417 PERCENTAGE 60% 40% Section ill. Administrative/Indirect Costs Pclte-r6r- 3/27/2009 4:31 P 3trdget Narrative for 09AC099930 https://egrantsl.cns.gov/espan/main/report.jsp?sid=c0a8060e30d54 • A. Corporation Fixed Percentage • • • Item -Calculation Corporation Fixed Amount: 5% of total CNCS amount Commission Fixed Amount: CATEGORY Totals B. Federally Approved Indirect Cost Rate CNCS Share Grantee Share Total Amount 0 5,040 5,040 0 0 0 0 5,040 5,040 Calculation -Cost Type - Rate Claimed -Cost Basis -Rate CNCS Share Grantee Share Total Amount CATEGORY Totals 0 0 0 SECTION Totals 0 5,040 5,040 PERCENTAGE 0% 100% BUDGET Totals 100,800 115,712 218,512 PERCENTAGE 47% 53% Total MSYs 8.00 Cost/MSY 12,600 Source of Funds Section Match Description Section I. Program Operating Costs Section II. Member Costs Section III. Administrative/Indirect Costs Total Source of Funds Amount Type Source Match funds Include both in -kind as well as cash received form fee for service projects. Some W IA ARRA funds will be used to cover a portion of staff salaries as associated with 66,505 In Kind State/Local program members who are enrolled in the WIA ARRA Youth program Section I Total Match funds for member living allowances and member support costs come from fee for service projects. Section II Total In kind funds to cover administration and overhead costs associated with the program Section III Total 66,505 44,167 Cash State/Local 44,167 5,040 In Kind State/Local 5,040 115,712 Pa_rf 6 fit? 3/27/2009 4:31 Pb Colorado GCCS Expense Report / Reimbursement RequestForm o f um o - v u' y i .i� N u'^ a. 0 .. ° _ib el P MIIt ` It a i c Q m S 0 17 1 0 V a 0 0 e L0 a d E 0 U 0 j O 0 0 0 0 0 0 0 0 0 G O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 8 8 8 8 8 8 8 8 8 8 8 0 0 0 0 0 0 0 0 0 6 0 0 8 8 8 8 8 8 8 8 8'8 8 8 0_ 0 6 0 60 0_ 0 0 0 8 8 8 8 8 8 8 8 8 8 8 8 G O 6 6 6 6 G O r 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 6 t iiag! goa g g Rig g N �� a a N � ul < c u u e u W t.“) x z LL v z A 0 0 _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 8 8 8 88 0 O 6 6 6 O C G 8 J 8 8 8 O 8 8 8 0 8 O 0 O 8 O 8 8 O 0 0 0 0 0 0 0 8 8 0 8 0 8 0 8 O 8 0 8 0 8 O 8 0 0 0 I W I 0 Subtotal If 0 0 0 I I m Subtotal III 8 0 A c c deimammia g in" Y 6 h; E$ 2 B u 3 VO 3 s � ii aI e 8 e 8 d 8 d 8 d 8 e rl I U I y1 I Par 9-0( F t>r-fr/b-e-C, O For Official Use Only Performance Measures Service Categories Community -Based Volunteer Programs Housing Rehabilitation/Construction t b`R1Lt4x .x4 Service Category: Measure Category: Housing Rehabilitation/Construction Needs and Service Activities Primary Secondary x Primary x Secondary Need Briefly describe the need to be addressed (Max. 4,000 characters) N/A Activity Briefly describe how you will achieve this result (Max 4,000 chars.) N/A Activity Start Date: 15 June 2009 Number of Members: 0 Activity End Date: 31 May 2010 Hours per Day (on average): 0 Days per Week (on average): 0 Results Result: Output Low income household clients will receive housing Tier 1 energy audits and installation of energy efficient products. Indicator: beneficiaries Target: N/A Target Value: 100 Instruments: Member time sheetsand energy project and installation tracking sheets PM Statement: N/A Prey. Yrs. Data: N/A Result: Intermediate Outcome Recovery Corps members will install energy efficient measures in ioo low income housing units Indicator: beneficiaries Target: 90% of sampled clients will indicate a high level of satisfaction with the work completed by members Target Value: 90 % Instruments: Home owner/renter satisfaction surveys PM Statement: N/A Prey. Yrs. Data: N/A Result: End Outcome Follow up services will be provided to gather data pertaining to home owners/renters who state their energy consumption was reduced and as a result they saved on their utility bills Indicator: beneficiaries Target: N/A Target Value: 85% 4y e A4 2 -- For Official Use Only For Official Use Only Result: End Outcome Instruments: home owner/renter follow up survey PM Statement: N/A Prey. Yrs. Data: N/A Service Category: Community -Based Volunteer Programs Measure Category: Needs and Service Activities Need Briefly describe the need to be addressed (Max. 4,000 characters) N/A Activity Briefly describe how you will achieve this result (Max 4,000 chars.) N/A Activity Start Date: 15 June 2009 Number of Members: 0 Activity End Date: 31 May 2010 Hours per Day (on average): 0 Days per Week (on average): 0 Results Result: Output Recovery Corps members will recruit community volunteers and engage them in meaningful service projects that meet identified needs in their local communities Indicator: community volunteers recruited Target: N/A Target Value: 30 Instruments: Volunteer logs and member time sheets PM Statement: N/A Prey. Yrs. Data: N/A For Official Use Only Exhibit C Statement of Work Weld County Board of Commissioners, Weld County Division of Human Services Statement of clarification regarding how AmeriCorps grant funds are used The majority of funds for this grant contract pay the living allowances (stipends) of AmeriCorps members who perform the service projects listed below. AmeriCorps program awards are based on a federally determined AmeriCorps member stipend. The deliverable is AmeriCorps Member service hours. In this contract, the award breakdown is as follows: $66,250 AmeriCorps Member stipends — 16 one-year half time (900 hours) members at the rate of $5,700 ea., plus $4,186 for FICA and $7,344 for health care. $34,550 Program operating costs 0 Admin./Indirect costs $100,800 Grant award Scope of Work The program will recruit AmeriCorps members to engage unemployed and disenfranchised youth in job training skill activities, efficient energy services, energy audits, and weatherization to low income family households. Additionally, corps members will assist community -based organizations in collecting and distributing goods to families in need, and participate in volunteer generation and management activities to engage non-AmeriCorps youth and area residents in community activities. All members will receive training in life skills, citizenship, leadership, and teamwork. Some corps members will receive assistance in preparing for their GED. Location of Work The work will be performed in the Greeley/Weld County region. Period of Performance July 3, 2009 to July 2, 2010 Deliverables Schedule Housing Rehabilitation and Access Eight AmeriCorps members will provide Tier 1 energy audits and installation of energy efficient products to low-income households. This will be accomplished by the end of the grant period, July 2, 2010. Volunteer Generation and Management AmeriCorps members will recruit community volunteers and engage them in meaningful service projects that meet identified needs in their communities. This will be accomplished by the end of the grant period, July 2, 2010. A total of six service projects will be completed. This equals 288 hours of service. This will be accomplished by the end of the grant period, July 2, 2010. Page 1 of 4 Exhibit C Project Plan Deliverables Grantor's obligation to reimburse Grantee for expenditures under this Grant shall be conditioned upon the delivery by Grantee to Grantor, on or before September 24, 2009, of a Project Work Outline identifying, as described in the application form, elements that include the following: 1. Projects. a. identify projects scheduled for completion, including type of project, sponsor/partner, number of hours required to complete, number of Members employed, cost of project by expenditure category, project supervision b. identify plans of developing and implementing additional projects, including responsible personnel c. identify criteria for Member staffing d. Grantee to update Project Plan Deliverable on a quarterly basis, identifying new projects, projects completed and whether the projects met the goals of the Work Plan. e. identify if projects will be funded entirely with ARRA funds or if ARRA funds will be co -mingled with Grantee's other funds. 2. Skills Training a. Each Member to receive two (2) hours of training per week for each complete week [enrolled in program/employed in project/other] b. Grantee to develop curriculum for skills training, identifying training to be completed by each Member: - life skills - employment skills - counsel [psychological/career/other] c. identify qualifications of trainers Applicable Standards 1. A total of 100 homeowners/renters will receive Tier 1 energy audits. Follow up services will be provided to collect data from 85% of the homeowners who stated their energy consumption was reduced as a result of the work performed. 2. Thirty volunteers will be recruited to participate in community service projects. 3. AmeriCorps members will complete a minimum of 25 service projects in Colorado. 4. AmeriCorps members will each complete 900 hours of service for a total of 14,400 total hours of service. A total of 16 AmeriCorps members will receive training in the following areas: • CPR and First Aid • Conflict Resolution • Diversity Awareness • Disability Awareness • Van Safety Driving • Saw Certification • Civic Engagement Page 2 of 4 Exhibit C All Corps Members will receive certifications however; specific training will be recommended/required for identified Corps Members. Additional training opportunities may be offered throughout the year as opportunities are presented. Service projects accomplished each of the following sites: Energy efficient measures installed in 300 houses. Number of houses receiving Tier 1 audits: 300 Types and names of service projects that members will recruit for: • Environmental Conservation to include sawyer projects • Energy Conservation projects to include Tier I Audits • Wide variety of community service projects which improve quality of life for Weld County residents to include parks and recreation facilities, local Head Start facilities, and historical conservation projects. Members will also be engaged in life skills and team building enhancement activities. Reports Grantee shall deliver to Grantor on or before the end of each quarter, commencing July 10, 2009, a written report with respect to the following: The Grantor will confirm that ARRA funds for the entire projects will be paid from the grant and are not to be co -mingled. 1. Projects a. projects completed project name/description - articulated goal of project and whether it was accomplished - number of Members [employed/engaged in project] - cost of project by budget category - Grant Funds used/other funds used b. pending projects - project name description - articulated goal of project - number of Members [employed/engaged in project] - estimated cost of project by budget category - estimated Grant Funds to be used/other funds to be used 2. Skills Training a. number of participants [Members] in program during reporting period b. number of participants [Members] receiving training programs required by training curriculum c. number of participants [Members] not receiving required training - explain why training not received [individual or category basis] - explain which trainings were not received [individual or category basis] Page 3 of 4 Exhibit C Acceptance Criteria 1. The completion of reports as identified in the deliverables schedule. These will be submitted and reviewed quarterly. Special Requirements The Weld County Youth Conservation Corps will report on projects funded, and work performed at the different program locations in their quarterly ARRA reports. Page 4 of 4 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 01/06/09 PRODUCER 1-303-773-9999 Arthur J. Gallagher Risk Management Service., Inc. 6399 S. Fiddlers Green Cir Suite 200 Greenwood Village, CO 80111 CONTACT, ANITA BRUNER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC M INSURED geld County P.O. Box 758' Greeley, CO 80632 INSURERA: Colorado Counties Casualty y a Property p y INSURER B: INSURANCE CO OF THE STATE OF PA 19429 INSURERC:Lexington In. Co 19437 INSURERD: INSURER E: rnvee ARte THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ITR ADD'L INSRD TYPFOFINSURARCE POLICYNUMBER POLICY EFFECTIVE DATEIMMIDD/YYI POLICY EXPIRATION DATFIMM/DDWYI LIMITS A GENERALLIABILITY X COMMERCIALGENERALLIABILITY PER PARTICIPATION CERT. 01/01/09 01/01/10 EACHOCCURRENCE $250,000 PREMSE ES EPoccmencel $ X I CLAIMSMADE OCCUR MEDEXP(Anyonepereon) S PERSONALSADVINJURY $250,000 GENERALAGGREGATE $ GEN'L AGGREGGATE LIMIT APPLIES PER: PRO - POLICY f ' T LOC PRODUCTS-COMP/OP AGG $250,000 A AUTOMOBILELIABILITY ANY AUTO ALL OWNED AUTOS S Ber ameen0RV X X PROPERTVOAMAGE IPerecceeM $ GARAGE LIABILITY ANYAUTO AUTO ONLY.EAACCIDENT $ OTHERTHAN EAACC $ AUTOONLY: AGG $ B EXCESSIUMBRELLALIABILITY 6907901 01/01/09 01/01/10 EACHOCCURRENCE $10,000,000 OCCUR X CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION S 250,000 S $ X $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? eyes, describe underE.L. SPECIAL PROVISIONS below I T TORYI RY NITS I I E.L. EACH ACCIDENT $ DISEASE - EA EMPLOYEE $ EL. DISEASE -POLICY LIMIT $ C A Prop, OTHER EXCESS PROPERTY, SEE ATTACHED Mob Eq, Auto PD, XS 005467375 PER PARTICIPATION CERT. 01/01/09 01/01/09 01/01/10 BLANXET 01/01/10 DEDUCTIBLE BLDG a PP 100,000,000 $500 150,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS The State of colorado is named as additional insured as respects General Liability coverage, per form CAPPL Revd 2007 as required by their written contract with the named insured regarding AmeriCorp contract. State of Colorado 130 State Capitol Denver, CO 80203 n Arnn qe renne ,ne. _ .,.._ __ USA e SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 10815908 {Q4” 1O -f-2 ®ACORD CORPORATION 1988 USSR TR ACORD1e CERTIFICATE OF LIABILITY INSURANCE 1-303-773-9999 PRODUCER Arthur J. Gallagher Rink Management Services, 6399 8. Fiddlers Green Cir Suite 200 Greenwood Village, CO 80111 Contact Anita Bruner INSURED Meld County, Colorado PO Box 750 Greeley, CO 80632 Inc. I DATE (MWDOTYYYY) 03/01/09 THIS OF NFORMATION ONLY C AND FICATE IS CONFERSNOD AS A RIGHTS MATTER UPON THE CERTIFICATE HOLDER. ALTER THIS OT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POL CIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: SAFETY NATL CAS CORP INSURER B: TRAVELERS CAE a SURETY CO INSURER C: INSURERD: INSURER E. NAIC # 15105 19038 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY WHICH THIS ICATE MAY BE ISSUED MAY PERTAIN, ITHE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT IS SUBJECT TO ALL WITH RESPECT TO THETERMS, XCLUSIONSFOR AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE DATE IMMIDDWYI ADO'L BeRO TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: AU POLICY n IFAT r-1 LOC OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO A B EXCESSIUMSRELLA LIABILITY IOCCUR CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY OFFICEWMEMB�XXCECUTIVE EXCLUDED? If yes, dewlte under SPECIAL PROVISIONS below OTHER Self Insurer's WC Bond POLICY NUMBER SP2T94C0 19S100729968BCA 12/31/08 12/31/08 POCY EXPIRATION TE IMMIDONYI DESCRIPTION OF OPERATIONS !LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS For EC Coverage - SIR - $600,000. RE: Abler Corp Contract. CERTIFICATE HOLDER State of Colorado 130 State Capitol Denver, CO 80203 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3'3 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 12/31/09 12/31/09 LIMITS EACH OCCURRENCE f DAMAGE TO RENTED PREMISES (Ea occurencel MED EXP (Any one person) $ PERSONAL SADV INJURY $ GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ f COMBINED SINGLE LIMIT f (Es accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) S f f AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY: EA ACC $ EACH OCCURRENCE AGGREGATE f AGG $ X I TORY I IMITS L LOFR E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE- POLICY LIMIT $1,000,000 f f 51,000,000 Penal Sum 690,000 AUTHORIZED REPRESENTATIVE \�/,q�•� © ACORD CORPORATION 1988 ACORD 25 (2001108) iianpuden a 6f2 Hello