HomeMy WebLinkAbout20153220.tiff RESOLUTION
RE: APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR
WATTENBERG WATER SYSTEM PROJECT AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Community Development Block Grant
Agreement for the Wattenberg Water System Project between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado
Department of Local Affairs, commencing upon execution of signature, ending on March 31, 2017,
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 Community Development Block Grant Agreement for the Wattenberg
Water System Project between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and the Colorado Department of Local Affairs, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, OLORADO
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WJ . ,GLo arbara Kirk yer, C air
Weld County Clerk to the Board
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2015-3220
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Esther Gesick /0/7 ,
From: Don Warden
Sent: Friday, October 02, 2015 12:30 PM
To: Esther Gesick; Barb Connolly
Subject: FW: CDBG 15-504 -Wattenberg Water System GRANT AGREEMENT
Attachments: 15-504 Email Memo CDBG 10-16-14.pdf; 15-504.pdf; 15-504 Exhibit A 9-25-14.pdf; 15-504
Exhibit B 9-25-14.pdf; 15-504 Exhibit C FFATA rev 3-20-13.pdf; 15-504 Exhibit E 9-23-14.pdf;
15-504 Exhibit G 9-23-14.pdf; 15-504 FORM 2 FFATA Data Form.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: Red Category
Esther,can you put this on next Wednesday's agenda. Barb Connolly this is the Wattenberg project contract. Can you
handle this at the meeting. It is for$648,500 to improve the Wattenberg water system. No county money,we are just
sponsoring it. Barb Kirkmeyer is familiar with the project also. Between the two of you once approved will you make
sure everything is completed and sent all the necessary documents back to DOLA.
Please note the instructions:
please print and execute three(3)originals of the contract,signed and dated by an authorized signator(original signatures only; no photocopies,
stamped or e-signatures). Please note that an authorized signator is a County Chief Elected Official,City/Town Mayor,or District Board President.
Esther, Signature page is on page 21 of the contract(15-504,pdf).
Barb, I just faxed you the information to complete form 15-504Form2 FFATA Data Form. I could not get in format to type
the answers. Maybe you can. It needs the DUNS Number added.
Let me know if you have questions.
Thanks,
Donald D. Warden
Director of Finance and Administration
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email:dwarden@co.weld.co.us
EMI
r
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1 2015-3220
From: Lipscomb - DOLA, Beth [mailto:beth.lipscomb@state.co.us]
Sent: Monday, September 28, 2015 9:24 AM
To: Barbara Kirkmeyer; Don Warden; Don Sandoval - DOLA; Robert Thompson - DOLA; Hannah Cichocki - DOLA
Cc: Brenda Lujan - DOLA
Subject: CDBG 15-504 - Wattenberg Water System GRANT AGREEMENT
Attached are the grant agreement and exhibits,and return routing memo required for CDBG 15-504-Wattenberg Water System project.
Please send me a Reply that you received this and were able to download and print the information without problems.
Thank you,
Beth
Beth Lipscomb
Contracts Specialist
Financial Assistance Section
._....... ...................... ........
x
P 303.864.7731 I F 303.864.7759
1313 Sherman Street, Room 521, Denver, CO 80203
beth.lipscomb@state.co.us ( www.dola.colorado.gov
2
DOHA COLORADO
CO Department of Local Affairs
Division of Local Government
September 28, 2015
Barbara Kirkmeyer, Chair, Board of County Commissioners
Weld County
1150 O Street
Greeley, Colorado 80631
RE: CDBG 15-504 - Wattenberg Water System
Dear Commissioner Kirkmeyer:
Attached is the grant contract packet for the above-referenced Community Development Block Grant project. If
the contract is satisfactory to the County as written, please print and execute three (3)originals of the contract,
signed and dated by an authorized signator(original signatures only; no photocopies, stamped or e-signatures).
Please note that an authorized signator is a County Chief Elected Official, City/Town Mayor, or District Board
President. If any other individual should sign this contract, you must provide a letter from the Chief Elected
Official documenting the specific individual's delegated authority to sign.
The following seven (7)documents comprise the complete contract packet. Please note which documents are
required to be returned to the State for final execution.
1. Grant Agreement(return 3, each must have original signature by Authorized Official - no photocopies)
2. Exhibit A- Applicable Laws(return 1)
3. Exhibit B - Scope of Project(return 1)
4. Exhibit C - Supplemental Provisions for FFATA (return 1)
5. Exhibit E Project Performance Plan (return 1)
6. Exhibit G - Option Letter(return 1, do not sign)
7. Form 2 - FFATA Data Report Form (complete, sign and return one (1) copy)
Please send these documents along with the return routing memo (see below)to:
Department of Local Affairs
ATTENTION: Hannah Cichocki
1313 Sherman Street, Room 521
Denver, CO 80203
If you have any questions, please call Don Sandoval (970) 679-4501 or me at (303) 864-7731.
Sincerely,
Beth Lipscomb
Contracts Specialist
Department of Local Affairs
Enclosures
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Governor John W. Hickenlooper I Iry Halter, Executive Director I Chantal Unfug, Division Director jye c 7o\
1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov
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CDBG 15-504-Wattenberg Water System
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PUBLIC FACILITIES GRANT AGREEMENT
Between
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
And
WELD COUNTY
Summary
Award Amount: $648,500.00
Identification#s:
Encumbrance#: F l 6CDB 15504 (DOLA's primary identification #)
Contract Management System#: 83978 (State of Colorado's tracking#)
Project Information:
Project/Award Number: CDBG 15-504
Project Name: Wattenberg Water System
Performance Period: Start Date: End Date: 03/31/17
Brief Description of Project/ The Project is to provide Grant Funds for the purpose of constructing a
Assistance: water tank, water lines,and a water treatment building for the Wattenberg
community in Weld County. This Project is eligible under Section
105(a)(2)public facilities and improvements.
Program& Funding Information:
Program Name Community Development Block Grant(CDBG)
Funding source: Federal Funds
Catalog of Federal Domestic Assistance(CFDA)Number(if federal funds): 14.228
Funding Account Codes:
Page 1 of 21
CDBG 15-504-Wattenberg Water System
TABLE OF CONTENTS
1. PARTIES 2
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. 2
3. RECITALS 3
4. DEFINITIONS 3
5.TERM 4
6. STATEMENT OF PROJECT 5
7. PAYMENTS TO GRANTEE 5
8. REPORTING-NOTIFICATION 6
9.GRANTEE RECORDS 7
10.CONFIDENTIAL INFORMATION-STATE RECORDS 7
11.CONFLICTS OF INTEREST 8
12.REPRESENTATIONS AND WARRANTIES 8
13. INSURANCE 9
14. BREACH 11
15. REMEDIES 12
16.NOTICES and REPRESENTATIVES 14
17.RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE 15
18.GOVERNMENTAL IMMUNITY 15
19.STATEWIDE CONTRACT MANAGEMENT SYSTEM 15
20. RESTRICTION ON PUBLIC BENEFITS 16
21.GENERAL PROVISIONS 16
22.COLORADO SPECIAL PROVISIONS 19
SIGNATURE PAGE 21
EXHIBIT A-APPLICABLE LAWS
EXHIBIT B-SCOPE OF PROJECT
EXHIBIT C-SUPPLEMENTAL PROVISIONS FOR FEDERAL FUNDING ACCOUNTABILITY AND
TRANSPARENCY ACT OF 2006(FFATA)
EXHIBIT D—Reserved.
EXHIBIT E—PROJECT PERFORMANCE PLAN
EXHIBIT F—USE COVENANT
EXHIBIT G—FORM OF OPTION LETTER
EXHIBIT H—Reserved.
FORM 1 —Reserved.
FORM 2—FFATA DATA REPORT FORM
1. PARTIES
This Agreement(hereinafter called"Grant")is entered into by and between WELD COUNTY(hereinafter
called"Grantee"),and the STATE OF COLORADO acting by and through the Department of Local Affairs for
the benefit of the Division of Local Government(hereinafter called the"State"or"DOLA").
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY.
This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller
or designee(hereinafter called the"Effective Date").The State shall not be liable to pay or reimburse Grantee
for any performance hereunder, including,but not limited to costs or expenses incurred,or be bound by any
provision hereof prior to(see checked option(s) below):
A. ® The Effective Date.
B. ❑ The Effective Date;provided, however,that all Project costs, if specifically authorized by the federal
funding authority, incurred on or after March 1,20XX,may be submitted for reimbursement as if
incurred after the Effective Date.
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CDBG 15-504-Wattenberg Water System
C. ❑ insert date for authorized Pre-agreement Costs(as such term is defined in §4), if specifically
authorized by the funding authority. Such costs may be submitted for reimbursement as if incurred after
the Effective Date.
3. RECITALS
A. Authority,Appropriation,and Approval
Authority to enter into this Grant exists in C.R.S. 24-32-106 and funds have been budgeted, appropriated
and otherwise made available and a sufficient unencumbered balance thereof remains available for
payment. Required approvals,clearance and coordination have been accomplished from and with
appropriate agencies.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Grant.
C. Purpose
The purpose of this Grant is described in Exhibit B.
D. References
All references in this Grant to sections(whether spelled out or using the § symbol), subsections,exhibits or
other attachments, are references to sections, subsections, exhibits or other attachments contained herein or
incorporated as a part hereof, unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Budget
"Budget"means the budget for the Project and/or Work described in Exhibit B.
B. Closeout Certification
"Closeout Certification"means the Grantee's certification of completion of Work submitted on a form
provided by the State.
C. Evaluation
"Evaluation"means the process of examining Grantee's Work and rating it based on criteria established in
§6 and Exhibit B.
D. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein:
i. Exhibit A(Applicable Laws)
ii. Exhibit B(Scope of Project)
iii. Exhibit C(Supplemental Provisions for Federal Funding Accountability and Transparency Act of
2006(FFATA))
iv. Exhibit E(Project Performance Plan)
v. Exhibit F(Use Covenant)
vi. Exhibit G(Form of Option Letter)
vii. Form 2(FFATA Data Report Form)
E. Goods
"Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
F. Grant
"Grant"means this agreement, its terms and conditions, attached exhibits, documents incorporated by
reference pursuant to 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.
G. Grant Funds
"Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant.
H. Party or Parties
"Party" means the State or Grantee and"Parties"means both the State and Grantee.
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CDBG 15-504-Wattenberg Water System
I. Pay Request(s)
"Pay Request(s)"means the Grantee's reimbursement request(s)submitted on form(s) provided by the
State.
J. Pre-agreement costs
"Pre-agreement costs,"when applicable, means the costs incurred on or after the date as specified in§2
above, and prior to the Effective Date of this Grant. Such costs shall have been detailed in Grantee's grant
application and specifically authorized by the State and incorporated herein pursuant to Exhibit B.
K. Project
"Project"means the overall project described in Exhibit B, which includes the Work.
L. Project Closeout
"Project Closeout" means the submission by the Grantee to the State of an actual final Pay Request,a final
Status Report and a Closeout Certification.
M. Program
"Program"means the grant program specified on the first page of this Grant that provides the funding for
this Grant.
N. Review
"Review"means examining Grantee's Work to ensure that it is adequate,accurate, correct and in
accordance with the criteria established in§6 and Exhibit B.
O. Services
"Services"means the required services to be performed by Grantee pursuant to this Grant.
P. Status Report(s)
"Status Report(s)"means the Grantee's status report(s)on the Work/Project submitted on form(s)provided
by the State.
Q. Subcontractor
"Subcontractor"means third-parties, if any, engaged by Grantee to carry out specific vendor related
services.
R. Subgrantee
"Subgrantee"means third-parties, if any,engaged by Grantee to aid in performance of its obligations.
Subgrantee is bound by the same overall programmatic and grant requirements as Grantee.
S. Subject Property
"Subject Property" means the real property, if any, for which Grant Funds are used to acquire,construct,or
rehabilitate.
T. Substantial Progress in the Work
"Substantial Progress in the Work"means Grantee meets all deliverables and performance measures within
the time frames specified in Exhibit E.
U. Work
"Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhibit B, including the performance of the Services and delivery of the Goods.
V. 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.
A. Initial Term-Work Commencement
Unless otherwise permitted in§2 above,the Parties' respective performances under this Grant shall
commence on the Effective Date. This Grant shall terminate on March 31,2017 unless sooner terminated
or further extended as specified elsewhere herein.
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CDBG 15-504-Wattenberg Water System
B. Two Month Extension
The State,at its sole discretion upon written notice to Grantee as provided in§16,may unilaterally extend
the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement
Grant(and not merely seeking a term extension)at or near the end of any initial term or any extension
thereof. The provisions of this Grant in effect when such notice is given, including, but not limited to
prices, rates,and delivery requirements, shall remain in effect during the two month extension. The two-
month extension shall immediately terminate when and if a replacement Grant is approved and signed by
the Colorado State Controller.
6. STATEMENT OF PROJECT
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibit B. Except as
specified in§2 above,the State shall not be liable to compensate Grantee for any Work performed prior to
the Effective Date or after the termination of this Grant.
B. Goods and Services
Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the
State.
C. Employees
All persons employed by Grantee or Subgrantees shall be considered Grantee's or Subgrantees'
employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result
of this Grant.
7. PAYMENTS TO GRANTEE
The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the
methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is$648,500.00(SIX HUNDRED
FORTY EIGHT THOUSAND FIVE HUNDRED and XX/100 DOLLARS),as determined by the State
from available funds. Grantee agrees to provide any additional funds required for the successful completion
of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in
Exhibit B.
B. Payment
i. Advance, Interim and Final Payments
Any payment allowed under this Grant or in Exhibit B shall comply with State Fiscal Rules and be
made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any
payment requests by submitting invoices to the State in the form and manner set forth and approved by
the State.
ii. Interest
The State shall not pay interest on Grantee invoices. The State shall fully pay each invoice within 45
days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted
by the State.
iii.Available Funds-Contingency-Termination
The State is prohibited by law from making fiscal commitments beyond the term of the State's current
fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State
appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are
used with this Grant in whole or in part,the State's performance hereunder is contingent upon the
continuing availability of such funds. Payments pursuant to this Grant shall be made only from
available funds encumbered for this Grant and the State's liability for such payments shall be limited
to the amount remaining of such encumbered funds. If State or federal funds are not fully
appropriated, or otherwise become unavailable for this Grant,the State may immediately terminate
this Grant in whole or in part to the extent of funding reduction without further liability in accordance
with the provisions herein.
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CDBG 15-504-Wattenberg Water System
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 or agreements between the State and Grantee or by other appropriate methods and collected as a
debt due to the State. Such funds shall not be paid to any person or entity other than the State.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit B.
i. Budget Line Item Adjustments.
Modifications to uses of such Grant Funds shall be made in accordance with§4.4 of Exhibit B. For
line item adjustments over 10%but less than 24.99%(a"Minor Line Item Adjustment")which are
approved,the State shall provide written notice to Grantee in a form substantially equivalent to
Exhibit G(each an"Option Letter"). If exercised,the provisions of the Option Letter shall become
part of and be incorporated into this Grant.
ii. Overall Budget Adjustments.
Modifications to the overall Budget shall be made in accordance with§4.5 of Exhibit B. For overall
Budget adjustments less than 24.99%(a"Minor Budget Adjustment")which are approved,the State
shall provide written notice to Grantee in an Option Letter. If exercised,the provisions of the Option
Letter shall become part of and be incorporated into this Grant.
iii. Setting Final Initial Budget.
All requests by the Grantee to align the initial overall Budget with current market conditions shall be
made in accordance with§4.5.1.1 of Exhibit B. If such True-up Budget Proposal(as such term is
defined in§4.5.1.1 of Exhibit B) is approved,the State shall provide written notice to Grantee in an
Option Letter. If exercised,the provisions of the Option Letter shall become part of and be
incorporated into this Grant.
D. Matching/Leveraged Funds
Grantee shall provide Matching Funds and/or Leveraged Funds(both as defined in Exhibit B) in
accordance with Exhibit B.
8. REPORTING-NOTIFICATION
Reports, Evaluations,and Reviews required under this §8 shall be in accordance with the procedures of and in
such form as prescribed by the State and in accordance with§19, if applicable.
A. Performance,Progress,Personnel,and Funds
State shall submit a report to the Grantee upon expiration or sooner termination of this Grant,containing an
Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In
addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit B.
B. Litigation Reporting
Within 10 days after being served with any pleading in a legal action filed with a court or administrative
agency, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder,
Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal
representative as identified herein. If the State's principal representative is not then serving, such notice and
copies shall be delivered to the Executive Director of DOLA.
C. Noncompliance
Grantee's failure to provide reports and notify the State in a timely manner in accordance with this§8 may
result in the delay of payment of funds and/or termination as provided under this Grant.
D. Subgrants/Subcontracts
Copies of any and all subgrants and subcontracts 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 and subcontracts 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.
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CDBG 15-504-Wattenberg Water System
9. GRANTEE RECORDS
Grantee shall make,keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall make,keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records, documents, communications, notes and other written materials, electronic media files,and
communications, pertaining in any manner to the Work or the delivery of Services(including, but not
limited to the operation of programs)or Goods hereunder. Grantee shall maintain such records(the
"Record Retention Period") until the last to occur of the following:
i. a period of five years after the date this Grant is completed or terminated,or final payment is made
hereunder,whichever is later,or
ii. for such further period as may be necessary to resolve any pending matters,or
iii. if an audit is occurring, or Grantee has received notice that an audit is pending,then until such audit
has been completed and its findings have been resolved.
B. Inspection
Grantee shall permit the State,the federal government(if Grant Funds include federal funds) and any other
duly authorized agent of a governmental agency to audit, inspect,examine, excerpt, copy and/or transcribe
Grantee's records related to this Grant during the Record Retention Period for a period of five years
following termination of this Grant or final payment hereunder, whichever is later,to assure compliance
with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to
inspect the Work at all reasonable times and places during the term of this Grant, including any extension.
If the Work fails to conform to the requirements of this Grant,the State may require Grantee promptly to
bring the Work into conformity with Grant requirements,at Grantee's sole expense. If the Work cannot be
brought into conformance by re-performance or other corrective measures,the State may require Grantee to
take necessary action to ensure that future performance conforms to Grant requirements and exercise the
remedies available under this Grant, at law or in equity in lieu of or in conjunction with such corrective
measures.
C. Monitoring
Grantee shall permit the State,the federal government(if Grant Funds include federal funds),and other
governmental agencies having jurisdiction, in their sole discretion,to monitor all activities conducted by
Grantee pursuant to the terms of this Grant using any reasonable procedure, including,but not limited to:
internal evaluation procedures,examination of program data, special analyses,on-site checking, formal
audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a
manner that shall not unduly interfere with Grantee's performance hereunder.
D. Final Audit Report
Grantee shall provide a copy of its audit report(s)to DOLA as specified in Exhibit B.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
Grantee shall comply with the provisions of 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 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. Except as otherwise provided in this Grant, Grantee shall keep all tenant, patient
and offender information confidential.
B. Notification
Grantee shall notify its agent,employees, Subgrantees, and assigns who may come into contact with State
records and confidential information that each is subject to the confidentiality requirements set forth herein,
and shall provide each with a written explanation of such requirements before they are permitted to access
such records and information.
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CDBG 15-504-Wattenberg Water System
C. Use,Security,and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee
or its agents in any way,except as authorized by this Grant or approved in writing by the State. Grantee
shall provide and maintain a secure environment that ensures confidentiality of all State records and other
confidential information wherever located. Confidential information shall not be retained in any files or
otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause for
legal action by third parties against Grantee,the State or their respective agents. Grantee shall,to the extent
permitted by law, indemnify, save,and hold harmless the State, its employees and agents, against any and
all claims, damages, liability and court awards including costs,expenses,and attorney fees and related
costs, incurred as a result of any act or omission by Grantee,or its employees, agents, Subgrantees, or
assignees pursuant to this§10.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or personal activities or practices or maintain any relationships which
conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that
with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. Absent
the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that
reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a
conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of
interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in
regard to the apparent conflict constitutes a breach of this Grant.
12. REPRESENTATIONS AND WARRANTIES
Grantee makes the following specific representations and warranties,each of which was relied on by the State in
entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and
diligence in the industry,trades or profession and in the sequence and manner set forth in this Grant.
B. Legal Authority—Grantee and Grantee's Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions
required by its procedures, by-laws,and/or applicable laws to exercise that authority,and to lawfully
authorize its undersigned signatory to execute this Grant, or any part thereof,and to bind Grantee to its
terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter
into this Grant within 15 days of receiving such request.
C. Licenses,Permits,etc.
Grantee represents and warrants that as of the Effective Date it has,and that at all times during the term
hereof it shall have, at its sole expense,all licenses,certifications, approvals, insurance,permits,and other
authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain
all necessary licenses, certifications, approvals, insurance, permits,and other authorizations required to
properly perform this Grant,without reimbursement by the State or other adjustment in Grant Funds.
Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all
required licenses or certifications, if any,to perform their responsibilities. Grantee, if a foreign corporation
or other foreign entity transacting business in the State of Colorado, further warrants that it currently has
obtained and shall maintain any applicable certificate of authority to transact business in the State of
Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation,
withdrawal or non-renewal of licenses,certifications,approvals, insurance, permits or any such similar
requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a
material breach by Grantee and constitute grounds for termination of this Grant.
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13. INSURANCE
Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during
the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a"public entity" within the meaning of the Colorado Governmental Immunity Act, CRS
§24-10-101, et seq.,as amended(the"GIA"),then Grantee shall maintain at all times during the term
of this Grant such liability insurance,by commercial policy or self-insurance,as is necessary to meet
its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if
requested by the State. Grantee shall require each subgrant with Subgrantees that are public entities,
providing Goods or Services hereunder,to include the insurance requirements necessary to meet
Subgrantee's liabilities under the GIA.
ii. Non-Public Entities
If Grantee is not a"public entity" within the meaning of the GIA,Grantee shall obtain and maintain
during the term of this Grant insurance coverage and policies meeting the same requirements set forth
in§13(B)with respect to Subgrantees that are not "public entities".
B. Grantees, Subgrantees and Subcontractors
Grantee shall require each subgrant with Subgrantees and each contract with Subcontractors,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. Workers' Compensation
Workers' Compensation Insurance as required by State statute,and Employer's Liability Insurance
covering all of Grantee, Subgrantee and Subcontractor employees acting within the course and scope
of their employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or
equivalent,covering premises operations, fire damage, independent contractors, products and
completed operations,blanket contractual liability, personal injury, and advertising liability with
minimum limits as follows: (a) $1,000,000 each occurrence; (b)$1,000,000 general aggregate; (c)
$1,000,000 products and completed operations aggregate; and(d)$50,000 any one fire.
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. Malpractice/Professional Liability Insurance
This section® shall ❑ shall not apply to this Grant.
Grantee, Subgrantees and Subcontractors shall maintain in full force and effect a Professional Liability
Insurance Policy in the minimum amount of$1,000,000 per occurrence and$1,000,000 in the
aggregate, written on an occurrence form,that provides coverage for its work undertaken pursuant to
this Grant. If a policy written on an occurrence form is not commercially available,the claims-made
policy shall remain in effect for the duration of this Grant and for at least two years beyond the
completion and acceptance of the work under this Grant,or,alternatively, a two year extended
reporting period must be purchased. The Grantee, Subgrantee or Subcontractor shall be responsible for
all claims, damages, losses or expenses, including attorney's fees, arising out of or resulting from such
party's performance of professional services under this Grant,a subcontract or subgrant.
v. Umbrella Liability Insurance
For construction projects exceeding$10,000,000, Grantee, Subgrantees and Subcontractors shall
maintain umbrella/excess liability insurance on an occurrence basis in excess of the underlying
insurance described in§13B(i)-(iv)above. Coverage shall follow the terms of the underlying
insurance, included the additional insured and waiver of subrogation provisions.The amounts of
insurance required in subsections above may be satisfied by the Grantee, Subgrantee and
Subcontractor purchasing coverage for the limits specified or by any combination of underlying and
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umbrella limits, so long as the total amount of insurance is not less than the limits specified in each
section previously mentioned. The insurance shall have a minimum amount of$5,000,000 per
occurrence and$5,000,000 in the aggregate.
vi. Property Insurance
This subsection shall apply if Grant Funds are provided for the acquisition, construction, or
rehabilitation of real property.
Insurance on the buildings and other improvements now existing or hereafter erected on the premises
and on the fixtures and personal property included in the Subject Property against loss by fire, other
hazards covered by the so called"all risk"form of policy and such other perils as State shall from time
to time require with respect to properties of the nature and in the geographical area of the Subject
Property, and to be in an amount at least equal to the replacement cost value of the Subject Property.
Grantor will at its sole cost and expense, from time to time and at any time, at the request of State
provide State with evidence satisfactory to State of the replacement cost of the Subject Property.
vii.Flood Insurance
If the Subject Property or any part thereof is at any time located in a designated official flood hazard
area,flood insurance insuring the buildings and improvements now existing or hereafter erected on the
Subject Property and the personal property used in the operation thereof in an amount equal to the
lesser of the amount required for property insurance identified in§vi above or the maximum limit of
coverage made available with respect to such buildings and improvements and personal property
under applicable federal laws and the regulations issued thereunder.
viii. Builder's Risk Insurance
This subsection shall apply if Grant Funds are provided for construction or rehabilitation of real
property.
Grantee, Subgrantee and/or Subcontractor shall purchase and maintain property insurance written on a
builder's risk"all-risk"or equivalent policy form in the amount of the initial
construction/rehabilitation costs, plus value of subsequent modifications and cost of materials supplied
or installed by others, comprising total value for the entire Project at the site on a replacement cost
basis without optional deductibles. Such property insurance shall be maintained,unless otherwise
agreed in writing by all persons and entities who are beneficiaries of such insurance, until final
payment has been made or until no person or entity other than the property owner has an insurable
interest in the property.
a) The insurance shall include interests of the property owner,Grantee, Subgrantee,
Subcontractors in the Project as named insureds.
b) All associated deductibles shall be the responsibility of the Grantee, Subcontractor and
Subgrantee. Such policy may have a deductible clause but not to exceed$10,000.
c) Property insurance shall be on an"all risk"or equivalent policy form and shall include,without
limitation, insurance against the perils of fire(with extended coverage) and physical loss or
damage including, without duplication of coverage,theft, vandalism, malicious mischief,
collapse,earthquake,flood,windstorm,falsework,testing and startup,temporary buildings and
debris removal including demolition occasioned by enforcement of any applicable legal
requirements, and shall cover reasonable compensation for Grantee's, Subgrantee's and
Subcontractor's services and expenses required as a result of such insured loss.
d) Builders Risk coverage shall include partial use by Grantee and/or property owner.
e) The amount of such insurance shall be increased to include the cost of any additional work to
be done on the Project,or materials or equipment to be incorporated in the Project, under other
independent contracts let or to be let. In such event, Subgrantee and Subcontractor shall be
reimbursed for this cost as his or her share of the insurance in the same ratio as the ratio of the
insurance represented by such independent contracts let or to be let to the total insurance
carried.
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ix. Pollution Liability Insurance
This subsection shall apply if Grant Funds are provided for the construction or rehabilitation of real
property.
If Grantee and/or its Subgrantee or Subcontractor is providing directly or indirectly work with
pollution/environmental hazards,they must provide or cause those conducting the work to provide
Pollution Liability Insurance coverage. Pollution Liability policy must include contractual liability
coverage. The policy limits shall be in the amount of$1,000,000 with maximum deductible of$25,000
to be paid by the Grantee's Subcontractor and/or Subgrantee.
C. Miscellaneous Insurance Provisions
Certificates of Insurance and/or insurance policies required under this Grant shall be subject to the
following stipulations and additional requirements:
i. Deductible.Any and all deductibles or self-insured retentions contained in any Insurance policy shall
be assumed by and at the sole risk of the Grantee, its Subgrantees or Subcontractors,
ii. In Force. If any of the said policies shall fail at any time to meet the requirements of the Grant as to
form or substance,or if a company issuing any such policy shall be or at any time cease to be
approved by the Division of Insurance of the State of Colorado, or be or cease to be in compliance
with any stricter requirements of the Grant,the Grantee, its Subgrantee and its Subcontractor shall
promptly obtain a new policy.
iii.Insurer. All requisite insurance shall be obtained from financially responsible insurance companies,
authorized to do business in the State of Colorado and acceptable to Grantee,
iv. Additional Insured
Grantee and the State shall be named as additional insureds 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, Subgrantees and Subcontractors shall be primary over any insurance or
self-insurance program carried by Grantee or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-renewal without
at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in
accordance with§16(Notices and Representatives)within seven days of Grantee's receipt of such
notice.
vii.Subrogation Waiver
All insurance policies in any way related to this Grant and secured and maintained by Grantee or its
Subgrantees and Subcontractors as required herein shall include clauses stating that each carrier shall
waive all rights of recovery, under subrogation or otherwise,against Grantee or the State, its agencies,
institutions,organizations, officers,agents, employees,and volunteers.
D. Certificates
Grantee, Subgrantee and Subcontractor shall provide certificates showing insurance coverage required
hereunder to the State within seven business days of the Effective Date of this Grant or of their respective
subcontract or subgrant.No later than 15 days prior to the expiration date of any such coverage,Grantee,
Subgrantee and Subcontractor 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,
subgrant or subcontract, Grantee, Subgrantee and Subcontractor 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
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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 or if the State terminates this Grant pursuant to§15(B),
the State shall have 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), if applicable.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 Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its
completion in accordance with the provisions of this Grant and in a timely manner,the State may notify
Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to
promptly cure such non-performance within the cure period,the State, at its option, may terminate this
entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform.
Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall
continue performance of this Grant to the extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or render
further performance hereunder past the effective date of such notice,and shall terminate outstanding
orders and subgrants/subcontracts with third parties. However, Grantee shall complete and deliver to
the State all Work, Services and Goods not cancelled by the termination notice and may incur
obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State,
Grantee shall assign to the State all of Grantee's right,title, and interest under such terminated orders
or subgrants/subcontracts. Upon termination,Grantee shall take timely, reasonable and necessary
action to protect and preserve property in the possession of Grantee in which the State has an interest.
All materials owned by the State in the possession of Grantee shall be immediately returned to the
State.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of termination. If,after
termination by the State, it is determined that Grantee was not in breach or that Grantee's action or
inaction was excusable,such termination shall be treated as a termination in the public interest and the
rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public
interest,as described herein.
iii.Damages and Withholding
Notwithstanding any other remedial action by the State,Grantee also shall remain liable to the State
for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the
State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until
such time as the exact amount of damages due to the State from Grantee is determined. The State may
withhold any amount that may be due to Grantee as the State deems necessary to protect the State,
including loss as a result of outstanding liens or claims of former lien holders,or to reimburse the
State for the excess costs incurred in procuring similar goods or services.
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.
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Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This
subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee,which
shall be governed by§15(A)or as otherwise specifically provided for herein.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the
effective date of the termination and whether it affects all or a portion of this Grant.
ii. Obligations and Rights
Upon receipt of a termination notice,Grantee shall be subject to and comply with the same obligations
and rights set forth in§15(A)(i).
iii. Payments
If this Grant is terminated by the State pursuant to this§15(B),Grantee shall be paid an amount which
bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily
performed bear to the total Services covered by this Grant, less payments previously made.
Additionally, if this Grant is less than 60%completed,the State may reimburse Grantee for a portion
of actual out-of-pocket expenses(not otherwise reimbursed under this Grant)incurred by Grantee
which are directly attributable to the uncompleted portion of Grantee's obligations hereunder;
provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to
Grantee hereunder.
C. Untimely Expenditure of Funds
The State will track performance measures and expenditures as described in the Scope of Project, Exhibit
B,and the Project's Project Performance Plan, Exhibit E (collectively,the"Milestones"). If,at any time
during the term of this Grant, State determines the Project is not proceeding timely in accordance with its
Milestones, State may elect to take one or more of the following actions,which shall not be deemed a
breach of its obligations hereunder:
i. Technical Assistance. State may elect to conduct on-site monitoring and work closely with Grantee
until the Project is back on schedule. State shall provide prior written notice to Grantee if it elects to
conduct on-site monitoring, which shall be conducted during normal business hours and shall not
unduly disrupt Grantee's business operations.
ii. Terminate Grant. The State,at its option,may terminate this entire Grant as to which there has been
a failure to properly meet its Milestones. Grantee shall continue performance of this Grant to the
extent not terminated, if any.
a) 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.
b) Obligations and Rights
Upon receipt of a termination notice and to the extent specifed in such termination notice,
Grantee shall be subject to and comply with the same obligations set forth in §15(A)(i).
c) Deobligation of Grant Funds; Repayment by Grantee of Received Funds
If this Grant is terminated by the State pursuant to this§15(C)(ii), State shall de-obligate any
remaining unexpended Grant Funds for the Project,and shall provide notice to Grantee that the
Project has failed to meet its Milestones and that as a result, Grantee is required to immediately
return to the State any previously received Grant Funds for the Project.
D. Termination for No Substantial Progress in the Work
The State may elect to terminate this Grant upon receipt and review of any Quarterly Progress Report,
submitted per the time periods defined in Exhibit E—Project Performance Plan, if such Quarterly Progress
Report fails to evidence Substantial Progress in the Work as directed,defined and expected under Exhibit
B. Further,the State may elect to terminate this Grant if the Grantee fails to complete Project Closeout
within three months of completion of the Work. Exercise by the State of this right shall not be deemed a
breach of its obligations hereunder.
i. Obligations and Rights
To the extent specified in any termination notice,Grantee shall not incur further obligations or render
further performance hereunder past the effective date of such notice,and shall terminate outstanding
orders and subgrants/subcontracts with third parties. However, Grantee shall complete and deliver to
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the State all Work, Services and Goods not cancelled by the termination notice and may incur
obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State,
Grantee shall assign to the State all of Grantee's right,title, and interest under such terminated orders
or subgrants/subcontracts. Upon termination, Grantee shall take timely,reasonable and necessary
action to protect and preserve property in the possession of Grantee in which the State has an interest.
All materials owned by the State in the possession of Grantee shall be immediately returned to the
State.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of termination.
iii.Damages and Withholding
Notwithstanding any other remedial action by the State,Grantee also shall remain liable to the State for
any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State
may withhold any payment to Grantee for the purpose of mitigating the State's damages, until such
time as the exact amount of damages due to the State from Grantee is determined. The State may
withhold any amount that may be due to Grantee as the State deems necessary to protect the State,
including loss as a result of outstanding liens or claims of former lien holders,onto reimburse the State
for the excess costs incurred in procuring similar goods or services.
E. Remedies Not Involving Termination
The State,at its sole discretion, may exercise one or more of the following remedies in addition to other
remedies available to it:
i. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary
corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or
performance schedule. Grantee shall promptly cease performance and incurring costs in accordance
with the State's directive and the State shall not be liable for costs incurred by Grantee after the
suspension of performance under this provision.
ii. Withhold Payment
Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and
completed.
iii.Deny Payment
Deny payment for those obligations not performed,that due to Grantee's actions or inactions,cannot
be performed or, if performed, would be of no value to the State; provided,that any denial of payment
shall be reasonably related to the value to the State of the obligations not performed.
iv. Removal
Demand removal of any of Grantee's employees, agents,or Subgrantees whom the State deems
incompetent,careless,insubordinate, unsuitable,or otherwise unacceptable, or whose continued
relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest.
v. Intellectual Property
If Grantee infringes on a patent, copyright,trademark,trade secret or other intellectual property right
while performing its obligations under this Grant, Grantee shall, at the State's option(a)obtain for the
State or Grantee the right to use such products and services; (b)replace any Goods, Services, or other
product involved with non-infringing products or modify them so that they become non-infringing; or,
(c) if neither of the foregoing alternatives are reasonably available,remove any infringing Goods,
Services, or products and refund the price paid therefore to the State.
16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices required to
be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy
notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from
time to time designate by written notice substitute addresses or persons to whom such notices shall be sent.
Unless otherwise provided herein,all notices shall be effective upon receipt.
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A. State:
Chantal Unfug, Division Director
Division of Local Government
Colorado Department of Local Affairs
1313 Sherman Street, Room 521
Denver,Colorado 80203
Email: chantal.unfug@state.co.us
B. Grantee:
Barbara Kirkmeyer,Chair, Board of County Commissioners
Weld County
1150 O Street
Greeley,Colorado 80631
Email: bkirkmeyer@co.weld.co.us
17. RIGHTS IN DATA, DOCUMENTS,AND COMPUTER SOFTWARE
This section❑ shall I ® shall not apply to this Grant.
Any software,research, reports, studies, data, photographs, negatives or other documents, drawings, models,
materials, or Work Product of any type, including drafts,prepared by Grantee in the performance of its
obligations under this Grant shall be the exclusive property of the State and,all Work Product shall be delivered
to the State by Grantee upon completion or termination hereof. The State's exclusive rights in such Work
Product shall include, but not be limited to,the right to copy, publish,display,transfer,and prepare derivative
works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose
other than the performance of Grantee's obligations hereunder without the prior written consent of the State.
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver,express or implied,
of any of the immunities, rights, benefits, protection,or other provisions of the GIA. Liability for claims for
injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions,
agencies, boards,officials, and employees is controlled and limited by the provisions of the GIA and the risk
management statutes, CRS §24-30-1501, et seq.,as amended.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is greater than $100,000 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,
§24-103.5-10I and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion
of Grant performance information in a statewide Contract Management System.
Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
this Grant, State law, including CRS §24-103.5-101,and State Fiscal Rules, Policies and Guidance. Evaluation
and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's
performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation
and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information
relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific
requirements of such obligations and shall include factors tailored to match the requirements of Grantee's
obligations. Such performance information shall be entered into the statewide Contract Management System at
intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the
end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall
address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
meet the performance measures established hereunder,the Executive Director of the Colorado Department of
Personnel and Administration(Executive Director), upon request by the Department of Local Affairs,and
showing of good cause, may debar Grantee and prohibit Grantee from receiving future grants and bidding on
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future contracts.Grantee may contest the final Evaluation, Review and Rating by: (a)filing rebuttal statements,
which may result in either removal or correction of the evaluation(CRS §24-105-102(6)), or(b) under CRS
§24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or
202,which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director,
upon a showing of good cause.
20. RESTRICTION ON PUBLIC BENEFITS
This section❑ shall I ® shall not apply to this Grant.
Grantee must confirm that any individual natural person is lawfully present in the United States pursuant to CRS
§24-76.5-101 et seq. when such individual applies for public benefits provided under this Grant by requiring the
applicant to:
A. Produce an identification document in accordance with §2.1.1 through §2.1.3 of Colorado Department of
Revenue's Rule#1 CCR 201-17, Rule for Evidence of Lawful Presence,as amended.
B. Execute an affidavit herein attached as Form 1, Residency Declaration,stating
i. That he or she is a United States citizen or legal permanent resident; or
ii. That he or she is otherwise lawfully present in the United States pursuant to federal law.
[The following applies if Grant is funded with federal funds].
Notwithstanding the foregoing,to the extent that there is any conflict with the provisions above or those set
forth in the Residency Declaration attached hereto as Form 1 and any provision of federal law,the provisions of
federal law shall prevail.
21. GENERAL PROVISIONS
A. Assignment and Subgrants
Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted
without the prior,written consent of the State. Any attempt at assignment,transfer, or subgranting without
such consent shall be void.All assignments, subgrants,or subcontracts approved by Grantee or the State
are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting
and subcontracting arrangements and performance.
B. Binding Effect
Except as otherwise provided in §21(A), all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives,successors,
and assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference only,and shall not be used to
interpret,define, or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all of which shall constitute one
agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings between the Parties and all prior
representations and understandings,oral or written,are merged herein. Prior or contemporaneous additions,
deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein.
F. Indemnification-General
Grantee shall,to the extent permitted by law, indemnify, save,and hold harmless the State, its employees
and agents, against any and all claims,damages, liability and court awards including costs,expenses, and
attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees,
agents, Subgrantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall
not be construed or interpreted as a waiver, express or implied,of any of the immunities, rights, benefits,
protection,or other provisions,of the GlA, or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq.,as
applicable,as now or hereafter amended.
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G. Jurisdiction and Venue
All suits, actions,or proceedings related to this Grant shall be held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
H. List of Selected Applicable Laws
At all times during the performance of this Grant, Grantee shall comply with all applicable Federal and
State laws and their implementing regulations, currently in existence and as hereafter amended, including
without limitation those set forth on Exhibit A,Applicable Laws. Grantee also shall require compliance
with such laws and regulations by subgrantees under subgrants permitted by this Grant.
I. Use Covenants
This section❑ shall I ® shall not apply to this Grant:
For Subject Property that is owned by Grantee upon execution of this Grant, Grantee shall record a Use
Covenant substantially equivalent to Exhibit F with the county in which the property resides as soon as
reasonably practicable after execution of this Grant. For Subject Property acquired by Grantee using Grant
Funds,Grantee shall record a Use Covenant substantially equivalent to Exhibit F with the county in which
the property resides as soon as reasonably practicable after acquisition of such property.
J. Modification
i. By the Parties
Except as specifically provided in this Grant,modifications of this Grant shall not be effective unless
agreed to in writing by the Parties in an amendment hereto,properly executed and approved in
accordance with applicable Colorado State law, State Fiscal Rules,and Office of the State Controller
Policies, including, but not limited to,the policy entitled MODIFICATION OF CONTRACTS -
TOOLS AND FORMS. Changes to the Grant shall be authorized to be approved by the following
State or DOLA parties:
a) Approval by Division Director
The Division Director of DOLA or his delegee shall have authority to approve changes to the
Responsible Administrator and Key Personnel specified in§5 of Exhibit B and the Principal
Representative in§16.
b) Approval by DOLA Controller
The DOLA Controller shall have authority to approve all changes to the Grant which are not
reserved to the Division Director above.
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.
K. Order of Precedence
The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Grant and its exhibits and attachments including, but not limited to,those
provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in
the following order of priority:
i. Exhibit C (Supplemental Provisions for Federal Funding Accountability and Transparency Act)
ii. Exhibit A (Applicable Laws)
iii. Colorado Special Provisions
iv. Any executed Exhibit F (Use Covenant)
v. The provisions of the main body of this Grant(excluding the cover page)
vi. Any executed Option Letter(in the form of Exhibit G)
vii. Exhibit B (Scope of Project)
viii. Exhibit E(Project Performance Plan)
ix. The cover page of this Grant
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CDBG 15-504-Wattenberg Water System
L. Severability
Provided this Grant can be executed and performance of the obligations of the Parties accomplished within
its intent,the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof.
M. Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance,
compliance,or effect after termination hereof,shall survive such termination and shall be enforceable by
the State if Grantee fails to perform or comply as required.
N. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32(No. 84-730123K)and from all
State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions
apply when materials are purchased or services rendered to benefit the State; provided however,that certain
political subdivisions(e.g.,City of Denver)may require payment of sales or use taxes even though the
product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State
is prohibited from paying for or reimbursing Grantee for them.
O. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and
not to any third party. Any services or benefits which third parties receive as a result of this Grant are
incidental to the Grant, and do not create any rights for such third parties.
P.Waiver
Waiver of any breach of a term, provision,or requirement of this Grant,or any right or remedy hereunder,
whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any
subsequent breach of such term, provision or requirement,or of any other term,provision, or requirement.
Q. CORA Disclosure
To the extent not prohibited by federal law,this Grant and the performance measures and standards under
CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act,CRS
§24-72-101,et seq.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
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CDBG 15-504-Wattenberg Water System
22. COLORADO SPECIAL PROVISIONS
A. The Special Provisions apply to all Grants except where noted in italics.
i. 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.
ii. 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.
iii. 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.
iv. 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.
v. 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.
vi. 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.
vii.BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra judicial body or person.Any
provision to the contrary in this Grant or incorporated herein by reference shall be null and void.
viii. 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
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CDBG 15-504-Wattenberg Water System
limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws
or applicable licensing restrictions.
ix. 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.
x. 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.
xi. PUBLIC GRANTS FOR SERVICES. CRS§8-17.5-101.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental Agreements, or
information technology services or products and services] Grantee certifies, warrants,and agrees that
it does not knowingly employ or contract with an illegal alien who shall perform work under this
Grant and shall confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Grant,through participation in the E-
Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall
not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into
a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly
employ or contract with an illegal alien to perform work under this Grant. Grantee(a)shall not use E-
Verify Program or State program procedures to undertake pre-employment screening of job applicants
while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency
within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with
an illegal alien for work under this Grant,(c)shall terminate the Subgrant if a Subgrantee does not
stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)
shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to
CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates
in the State program, Grantee shall deliver to the granting State agency, Institution of Higher
Education or political subdivision,a written,notarized affirmation, affirming that Grantee has
examined the legal work status of such employee,and shall comply with all of the other requirements
of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-
17.5-101 et seq.,the granting State agency, institution of higher education or political subdivision
may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages.
xii.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.
(Colorado Special Provisions-effective 1/1/09)
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CDBG 15-504- Wattenberg Water System
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
* Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and
acknowledge that the State is relying on their representations to that effect.
GRANTEE
WELD COUNTY STATE OF COLORADO
John W. Flickenlooper,GOVERNOR
By: Barbara Kirkmeyer DEPARTMENT OF LOCAL AFFAIRS
Name of Authorized Individual(print)
Chair, Board of Weld County
Title: Commissioners By:
Official Title of Au orized Individual Iry Ha : , , e• tive Director
4A14Ai
Date:
* ignature � `� ( ��, t
Date: OCT 0 7 2015
PRE-APPROVED FORM CONTRACT REVIEWER
By: �� %',�z��✓ �x
Rachel Harlow-Schalk, Rin ssistance+ tarlager
Date: „-/Q . /?,
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State grant agreements.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
Robert Jaros,CPA
B
net Miks,CPA,Controller Delegate
Date: J 3 /4
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G72/ 32 (I)
CDBG 15-504-Wattenberg Water System
EXHIBIT A-APPLICABLE LAWS
Laws, regulations, and authoritative guidance incorporated into this Grant include,without limitation:
1. 2 U.S.C. 26,et seq.,as amended, Disclosure of Lobbying Activities
2. 5 U.S.C. 552a,as amended, Privacy Act of 1974.
3. 8 U.S.C. 1101, Immigration and Nationality Act.
4. 12 U.S.C. §§1701- 1701z-15, et seq.,as amended,National Housing Act
5. 15 U.S.C. 49,et seq., as amended, Fire Prevention and Control
6. 16 U.S.C. 1-83, et seq.,as amended, Conservation
7. 20 U.S.C. 1681-1688, Title IX, as amended, Education Amendment of 1972
8. 29 U.S.C. 8, §§201, 206,et seq., as amended, Labor.
9. 29 U.S.C. 14, §§62I-634,et seq.,as amended,Age Discrimination in Employment.
10. 29 U.S.C. 16, §§793-794,et seq.,as amended, Vocational Rehabilitation and Other Rehabilitation Services
11. 31 U.S.C. Subtitle I—VI,et seq., as amended, Money and Finance
12. 40 U.S.C. Subtitle I, et seq.,as amended, Federal Property and Administrative Services
13. 40 U.S.C. Subtitle II, et seq.,as amended, Public Buildings and Works
14. 40 U.S.C. 276a—276a-5, Davis-Bacon Act, as amended
15. 40 U.S.C. 327-330, Section 103 and 107, Contract Work Hours and Safety Standards Act,as amended.
16. 41 U.S.C. 35 et seq., Walsh-Healey Public Contracts Act
17. 41 U.S.C. 701,et seq., Drug Free Workplace Act of 1988
18. 42 U.S.C. 6A,et seq.,as amended, Public Health Services
19. 42 U.S.C. 21, et seq., as amended, Civil Rights
20. 42 U.S.C. 45,et seq.,as amended, Fair Housing
21. 42 U.S.C. 50, et seq., as amended,National Flood Insurance
22. 42 U.S.C. 55,et seq., as amended,National Environmental Policy
23. 42 U.S.C. 63,et seq., as amended, Lead-Based Paint Poisoning Prevention
24. 42 U.S.C. 69,et seq., as amended, Community Development
25. 42 U.S.C. 76, et seq., as amended,Age Discrimination in Federally Assisted Programs
26. 42 U.S.C. 85, et seq.,as amended, Air Pollution Prevention and Control
27. 42 U.S.C. 89, et seq.,as amended, Congregate Housing Services
28. 42 U.S.C. 126, et seq., as amended, Equal Opportunity for Individuals with Disabilities
29. 42 U.S.C. 130,et seq.,as amended,National Affordable Housing
30. 42 U.S.C. 5301-5321, Housing and Community Development Act of 1974,as amended
31. 2 C.F.R. 220,Cost Principles for Education Institutions
32. 2 C.F.R. 225,Cost Principles for State, Local and Indian Tribal Governments
33. 2 C.F.R. 230, Cost Principles for Non-Profit Organizations
34. 24 C.F.R. Subtitle A, Parts 0-82, et seq., as amended, Housing and Urban Development
35. 24 C.F.R. Subtitle B,Chapter 1—XXV,et seq.,as amended, Housing and Urban Development
36. 24 C.F.R. Part 58, Environmental Review Procedures For Entities Assuming HUD Environmental
Responsibilities
37. 24 C.F.R. Part 570,Community Development Block Grant
38. 40 C.F.R. 1500-1508,as amended,Council on Environmental Quality Regulations Implementing NEPA.
39. 41 C.F.R. Chapter 60, as amended, Executive Order 11246.
40. 49 C.F.R. Part 24,as amended, Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970
41. C.R.S. §24-34-302,et seq., as amended,Civil Rights Division.
42. C.R.S. §24-34-501 -510,et seq.,as amended, Colorado Housing Act of 1970.
43. C.R.S. §24-75-601 et seq.,as amended, Legal Investment of Public Funds.
44. C.R.S. §29-1-601 et seq., as amended,Colorado Local Governments Audit Law.
45. Executive Order 11063, HUD Equal Opportunity in Housing,as amended by Executive Order 12259,
Leadership and Coordination of Fair Housing in Federal Programs
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CDBG 15-504-Wattenberg Water System
46. Executive Order 11593, Protection and Enhancement of the Cultural Environment
47. Executive Order 11988, Floodplain Management
48. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations
49. Community Development Block Grant(CDBG)Guidebook,which is located on the Department's website
50. P.L. 109-282,as amended by P.L. 110-252, Section 6202—Federal Funding Transparency and
Accountability Act of 2006, as amended
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
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CDBG 15-504-Wattenberg Water System
EXHIBIT B—SCOPE OF PROJECT(SOP)
1. PURPOSE
1.1. Community Development Block Grant
1.1.1.The Project is to provide Community Development Block Grant Funds for the purpose of
constructing a water tank, water lines,and a water treatment building for the Wattenberg
community in Weld County. This Project is eligible under Section 105(a)(2)public facilities and
improvements..
1.1.2.National Objective.This Project shall meet the national objective below:
1.1.2.1. ® Low/Moderate Income Benefit,area-wide.The Project will benefit the residents of the
above specified service area. At least 163 of 235 persons,or 69% shall be low-to
moderate-income persons as defined under§3.4 below.
1.1.2.2. n Low/Moderate Income Benefit,limited clientele. The Project will benefit the clients
of the services being provided by(insert Grantee Name). The services are of such a nature
that it can reasonably be expected a minimum of 51%will be low/moderate income.
Currently, out of ,or %of the clients being served are considered
low/moderate income. Grantee shall present documentation at time of Project Closeout that
the minimum of 51%benefit has been met. Refer to §8.1.5 below for documentation and
reporting requirements.
1.1.2.3. ❑ Low/Moderate Income Benefit,presumed by HUD.The Project will benefit(insert
type of clientele)which is presumed by HUD to be made up of principally low/moderate
income persons.
1.1.2.4. ❑ Slum/Blight,on an area basis.Grantee has designated the area as a slum/blighted area.
Grantee shall provide to the State a copy of the resolution designating the area being served
as slum/blight and the basis for such determination prior to obligation of funds. The area
exhibits:
1.1.2.4.1. ❑ substantial number of deteriorated or deteriorating buildings,or the pubic
improvements throughout the area are in a general state of deterioration.
1.1.2.4.2. ❑ public improvements throughout the area in a state of deterioration.
1.1.2.5. n Slum/Blight,spot basis.Grantee has determined the Project will eliminate a specific
condition of blight or physical decay not located in a designated slum or blighted area.
1.1.2.6. n Urgent Need. This Project alleviates an existing condition which has been determined
to pose a serious and immediate threat to the health or welfare of the community,and is of
recent origin.Grantee has determined it was unable to finance the activity on its own and
other sources of funding are not available. Grantee shall provide to the Department
information regarding the origin and date the need occurred prior to obligation of funds.
Refer to §8.1.5 below for documentation and reporting requirements.
2. DESCRIPTION OF THE PROJECT(S)AND WORK.
2.1. Project Description. The Project is to construct a 102,000 gallon water tank,water lines,water
treatment controls and a building for the Wattenberg community in Weld County.
2.2. Work Description. Weld County (Grantee)will contract for the construction of a water tank that will
hold approximately 102,000 gallons, water lines, water treatment controls and a water treatment
building for the Wattenberg community. The Wattenberg Improvement Association will own the
improvements and will be responsible for the maintenance of the system. In accordance with§9 below,
a contractor will be hired to complete the Work.
2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required
documentation to DOLA as specified herein.
2.3.1.Section 3 of the HUD Act of 1968.This section ® shall, or shall not❑ apply to this Grant.
To the greatest extent feasible,the Grantee and Subgrantee(if applicable)will provide
opportunities for training and employment that arise from this HUD-financed project,will give
preference in hiring to persons whose income is equal to or less than 80%of Area Median Income
Exhibit B(Scope of Project)
CDBG 15-504- Wattenberg Water System
(AMI), and will give preference in contracting to businesses owned in substantial part by persons,
or that substantially employ persons, whose income is equal to or less than 80%of AMI in the
Project area.
In addition,Grantee shall,to the maximum extent feasible, provide for the hiring of employees
who reside in the vicinity, as such term is defined below herein,or contract with small businesses
that are owned and operated by persons residing in the vicinity of such projects. Note: This local
hiring requirement does not replace the responsibilities of Grantee under Section 3 of the Housing
and Urban Development Act of 1968(12 U.S.C. 1701u), and implementing regulations at 24 CFR
part 135,except to the extent the obligations may be in direct conflict. For the purposes of this
Grant, "vicinity" is defined as each neighborhood identified by the Grantee and approved by the
State as being the areas of greatest need. "Small business" means a business that meets the criteria
set forth in section 3(a)of the Small Business Act. Grantee shall follow the reporting requirement
detailed in§8.1.3 below.
2.3.2.Federal Funding Accountability and Transparency Act of 2006,(Pub. L. 109-282)
(Transparency Act,also known as FFATA). Grantee and Subgrantees are required to report
award information on the government Website and register with U.S. Government System for
Award Management(SAM)at http://www.sam.gov. See Exhibit C- Supplemental Provisions for
Federally Funded Contracts,Grants, and Purchase Orders Subject to The Federal Funding
Accountability and Transparency Act of 2006(FFATA),as amended,as of 03-20-13, for specific
information.
2.3.3.Grantee shall notify DOLA at least 30 days in advance of Project Completion.
2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds,the State shall evaluate
Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant.
DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying
with the terms of this Grant.
2.5. Eligible Expenses. Eligible expenses shall include: costs associated with the construction of the water
tank, water treatment system, building, and water lines. The Wattenberg Improvement Association and
Grantee will be responsible for all design costs.
2.6. Cost Savings. Cost Savings derived while completing the Project shall be:
2.6.1.® split on a pro-rata basis between the State and Grantee
2.6.2.❑ returned to the State
3. DEFINITIONS
3.1. "Cost Savings" means the Project Budget amount less the amount expended to complete the Work.
Cost Savings are determined at the time the Work is completed and the final payment request is
submitted by the Grantee to the State. Cost Savings do not result in payment by the State to Grantee
above actual expenditures beyond the required ratio, but deobligates unexpended Grant Funds and
reduces Grantee's matching funds requirement. State shall provide written notice to Grantee verifying
any Cost Savings.
3.2. "Cumulative Budgetary Line Item Changes"means a cumulative or increasing accumulation of
additional expenses within a specific line item as listed in §6.2 Budget within this Exhibit B.
3.3. "Guidebook"refers to the Community Development Block Grant(CDBG)Guidebook, as updated
periodically, and available on DOLA's website.
3.4. "Low and Moderate Income Persons" This section ® shall, or shall not❑ apply to this Grant. Low
and Moderate Income Persons are defined, for the purposes of this Grant, as:
3.4.1.[1 Those persons who are members of very low-, low-and moderate-income families as set forth
in Exhibit H and as updated annually on DOLA's website.
3.4.2.® Those persons who have been determined by the U.S. Department of Housing and Urban
Development(HUD)to be very low-, low-and moderate-income persons:
Exhibit B(Scope of Project)
lifer Y1�'1A9 ""°._.W.,.m��... M!:..-�✓ i _ ..... wv... yam. . ,�... ,.w ..A,,, ...... ,.
CDBG 15-504-Wattenberg Water System
3.4.2.1. n based upon the most recent Census data.
3.4.2.2. ® using HUD approved income survey methodology.
3.4.3.❑ Those persons belonging to clientele groups who are generally presumed by HUD to be low-
and moderate-income persons.
3.5. "Other Funds"means funding provided by other federal, state, local or private sources for the Project.
Other Funds are good faith estimates and do not include Grant Funds.
3.6. "Project Budget Line items"means:
3.6.1."Architectural/Engineering Services"means professional architectural/engineering fees, RFP/bid
advertisements,survey work, water/sewer testing fees,electrical inspection and testing fees,
CDPHE permit fees, and attorney's fees.
3.6.2."Building or Facility Construction"means labor and materials costs, bond and insurance costs, bid
advertisements, purchase and erection of pre-engineered buildings, and attorney's fees.
3.6.3."Construction/Improvement of Public Utilities"means labor and materials costs,bond and
insurance costs, bid advertisements,attorney's fees, and right-of-way acquisition costs.
3.7. "Substantial Completion"means the Work is sufficiently complete in accordance with the Grant so it
can be utilized for its intended purpose without undue interference.
4. DELIVERABLES
4.1. Outcome.The final outcome of this Grant is complete construction of the water tank,water lines,
water treatment controls and building for the Wattenberg community and treatment facilities.
4.2. Service Area. The performance of the Work described within this Grant shall be located in the
Wattenberg community in Weld County,Colorado.
4.3. Performance Measures. Grantee shall comply with the performance measures detailed in Exhibit E.
4.4. Budget Line Item Adjustments. Line Item Adjustments shall not increase the Grant Funds or the
total amount of the Budget.
4.4.1.Grantee shall have authority to adjust individual budget line amounts without approval of the State
up to an aggregate of 10%of such line item from which the funds are moved. Grantee's
Responsible Administrator shall send written notification of allowed adjustments to the State
within 30 days of such adjustment.
4.4.2.All changes to individual budget line amounts which are in excess of 10%but less than 24.99%of
such line item from which the funds are moved(each a"Minor Line Item Adjustment")shall
require prior written approval of the DOLA Controller. Grantee's Responsible Administrator shall
submit a written request for changes pursuant to this Section to the State. Such request shall
include the amount of such request,the reason for the request and any necessary documentation. If
the State approves such request,the State shall unilaterally execute an Option Letter accepting
such request pursuant to§7(c)(i)of the Grant. Grantee is not authorized to perform until Grantee
receives an executed Option Letter accepting such change.
4.4.3.All changes to individual budget line amounts which are in excess of 24.99%of such line item
from which the funds are moved shall require a prior written amendment executed by the Grantee
and DOLA pursuant to§21(J)of the Grant. Grantee shall submit a written request for changes
pursuant to this Section to the State. Such request shall include the amount of such request, the
reason for the request and any necessary documentation. Grantee is not authorized to perform until
a bi-lateral amendment is fully executed by the DOLA Controller accepting such change.
4.4.4.Signature Authority. All Grantee notices and requests submitted to DOLA pursuant to this §4.4
(each a"Line Item Proposal"), must be signed and dated by a person authorized to bind the
Grantee to such Line Item Proposal.
Exhibit B(Scope of Project)
.-
CDBG 15-504-Wattenberg Water System
4.5. Overall Budget Adjustments.
4.5.1.A11 changes to the overall Budget which are less than 24.99%(each a"Minor Budget
Adjustment")shall require prior written approval of the DOLA Controller. Grantee's Responsible
Administrator shall submit a written request for changes pursuant to this Section to the State. Such
request shall include the amount of such request,the reason for the request and any necessary
documentation. If the State approves such request,the State shall unilaterally execute an Option
Letter accepting such request pursuant to §7(c)(ii)of the Grant.Grantee is not authorized to
perform until Grantee receives an executed Option Letter accepting such change. Minor Budget
Adjustments shall not increase the Grant Funds.
4.5.1.1. Exception for Setting Final Initial Budget. Within 30 days of bid opening for its selection
of its prime Subcontractor,Grantee shall submit a written request for changes to the overall
Budget to revise the initial overall Budget estimate to align it with current market conditions
(a"True-up Budget Proposal"). Grantee's Responsible Administrator shall submit a
written request for changes pursuant to this Section to the State. Such request shall include
the amount of such request,the reason for the request and any necessary documentation. If
the State approves such request,the State shall unilaterally execute an Option Letter
accepting such request pursuant to§7(c)(iii)of the Grant. Grantee is not authorized to
perform until Grantee receives an executed Option Letter accepting such change.True-up
Budget Proposals shall not increase the Grant Funds. The overall Budget adjustment
permitted by this §4.5.1.1 is only permitted once under this Grant.
4.5.2.All changes to the overall Budget which are in excess of 24.99%shall require a prior written
amendment executed by the Grantee and DOLA pursuant to §21(J)of the Grant. Grantee shall
submit a written request for changes pursuant to this Section to the State. Such request shall
include the amount of such request,the reason for the request and any necessary documentation.
Grantee is not authorized to perform until a bi-lateral amendment is fully executed by the DOLA
Controller accepting such change.
4.5.3.Signature Authority. All Grantee notices and requests submitted to DOLA pursuant to this §4.5
(each a"Budget Proposal"), must be signed and dated by a person authorized to bind the Grantee
to such Budget Proposal.
4.6. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter
following execution of this Grant and for each quarter thereafter until termination of this Grant,
Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State
shall pay the Grantee for actual expenditures made in the performance of this Grant based on the
submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests
setting forth a detailed description and provide documentation of the amounts and types of
reimbursable expenses. For quarters in which there are no expenditures to reimburse,Grantee shall
indicate zero(0) in the request and specify status of the Work in the Status Report. The report will
contain an update of expenditure of funds by line item as per§6.2 of this Exhibit B Scope of Project as
well as a projection of all Work expected to be accomplished in the following quarter, including an
estimate of Grant Funds to be expended. This report is due within 30 days of the end of the quarter or
more frequently at the discretion of the Grantee. See Exhibit E for specific submittal dates.
4.7. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local
Affairs in any and all materials or events designed to promote or educate the public about the Work and
the Project, including but not limited to: press releases, newspaper articles,op-ed pieces,press
conferences, presentations and brochures/pamphlets.
5. PERSONNEL
5.1. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this
Exhibit B cease to serve. Provided there is a good-faith reason for the change, if Grantee wishes to
replace its key personnel, it shall notify the State and seek its approval, which shall be at the State 's
sole discretion, as the State executed this Grant in part reliance on Grantee's representations regarding
Exhibit B(Scope of Project)
CDBG 15-504-Wattenberg Water System
key personnel. Such notice shall specify why the change is necessary, who the proposed replacement is,
what their qualifications are, and when the change will take effect. Anytime key personnel cease to
serve,the State, in its sole discretion, may direct Grantee to suspend Work until such time as
replacements are approved. All notices sent under this subsection shall be sent in accordance with §16 •
of the Grant.
5.2. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of
Donald Warden,Director of Finance and Administration (dwarden(a,co.weld.co.us),an employee
or agent of Grantee, who is hereby designated as the responsible administrator of this Project. Such
administrator shall be updated through the approval process in §5.1. If this person is an agent of the
Grantee, such person must have signature authority to bind the Grantee and must provide evidence of
such authority.
5.3. Other Key Personnel: None. Such key personnel shall be updated through the approval process in
§5.1.
5.4. DLG Regional Manager. Don Sandoval(don.sandoval@state.co.us).
6. FUNDING
The State provided funds shall be limited to the amount specified under the"Grant Funds"column of§6.2,
Budget, below.
6.1. Other Funds.Grantee shall provide the required(see checked item) Other Funds,as listed in the
"Other Funds"column of§6.2 below during the term of this Project.
6.2. Budget
Line It s) Total Cost Grant Other - Other VOWS
Fond Funds.
Architectural/Engineering $30,000 $30,000 $0 No Match
Services—non-design
Building or Facility $217,900 $217,900 $0 No Match
Construction
Construction/Improvement $400,600 $400,600 $0 No Match
of Public Utilities
Total $648,500 $648,500 $0
7. PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant.
7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or
Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to
such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to
DOLA.
Payment Amount
Interim Payment(s) $616,075 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $32,425 Paid upon Substantial Completion of the Project(as
determined by the State in its sole discretion),provided
that the Grantee has submitted,and DOLA has
accepted,all required reports.
Total $648,500
Exhibit B(Scope of Project)
CDBG 15-504-Wattenberg Water System
7.2. Remittance Address. If mailed, payments shall be remitted to the following address unless changed in
accordance with§16 of the Grant:
Weld County
1150 O Street
Greeley,Colorado 80631
7.3. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to$100 per year for
administrative expenses.
8. ADMINISTRATIVE REQUIREMENTS
8.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided forms.
DOLA may withhold payment(s)if such reports are not submitted timely. When there is a conflict
between the reporting requirement in this section and the Guidebook,the stricter requirement shall
prevail.
8.1.1.Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to
DOLA in accordance with§4.6 of this Exhibit B.
8.1.2.Final Reports. Within 90 days after the completion of the Project,Grantee shall submit the final
Pay Request and Status Report,one copy of the final Project Completion Report(PCR),and two
copies of the final Financial Status Report(FSR)to DOLA.
8.1.3.Section 3 Report.Two copies of the Section 3 report shall be submitted to the DOLA at Project
Closeout.
8.1.4.Single Audit Report. If Grantee is required to have a single audit, Grantee shall submit a copy of
its audit report to DOLA within 180 days of its fiscal year-end.
8.1.5.Verification of Limited Clientele. This subsection shall apply when §1.1.2.2 above is checked.
Grantee shall keep on file verification of income eligibility for project beneficiaries using income
limits as provided in Exhibit H and updated annually on DOLA's website.
8.1.5.1. Verification of Clientele—Urgent Need. This subsection shall apply when§1.1.2.6 above
is checked. If the National Objective for this Grant is Urgent Need, income eligibility is
waived. Grantee shall keep on file and report to DOLA all verification data except income
eligibility for Project beneficiaries.
8.2. Monitoring. Grantee shall notify DOLA at least 30 days in advance of Substantial Completion of the
Project. DOLA shall monitor this Work on an as-needed basis. DOLA shall perform on-site
monitoring,as outlined in the Monitoring section of the Guidebook, prior to Project Closeout. DOLA
may choose to audit the records for 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 books and records shall contain documentation of the
Grantee's pertinent activity under this Grant in accordance with Generally Accepted Accounting
Principles.
8.2.1.Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if any,
during the term of this Grant. Results of such monitoring shall be documented by Grantee and
maintained on file.
8.3. Change of Use.
8.3.1.During a period of five(5)years following the date of Project Closeout by the State,Grantee may
not change the use or planned use of the real and/or personal property acquired or improved
unless: 1)the State determines the new use meets one of the national objectives of the CDBG
program specified in§1.1.2; and 2)the Grantee provides affected citizens with reasonable notice
and an opportunity to comment on any proposed changes.
Exhibit B (Scope of Project)
CDBG 15-504-Wattenberg Water System
8.3.2.If Grantee decides,after consultation with affected citizens that it is appropriate to change the use
of the real and/or personal property to a use which the State determines does not qualify in
meeting a CDBG national objective,Grantee shall reimburse to the State an amount equal to the
current fair market value of the real and/or personal property, less any portion of the value
attributable to expenditures of non-CDBG funds for acquisition of and improvements to,the real
and/or personal property.
8.3.3.After the five(5)year period following the Project Closeout date,no State restrictions on use of
the real and/or personal property shall be in effect.
8.4. Environmental Requirements. Grantee shall comply with all HUD environmental requirements and
shall not obligate Grant funds prior to receipt of the written release of funds from the State.
8.5. Public Hearing. Grantee shall conduct at least one public hearing during the course of the Project to
get input on its performance from citizens. Comments made during the public hearing shall be
forwarded to the Department.
8.6. Recordkeeping. Grantee shall maintain records in accordance with recordkeeping requirements as
outlined in the Guidebook.
9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or
renovation related projects/activities:
9.1. Plans& Specifications. Construction plans and specifications shall be drawn up by a qualified
engineer or architect licensed in the State of Colorado,or pre-engineered in accordance with Colorado
law, and hired by the Grantee through a competitive selection process.
9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a
formal selection process with the Grantee being obligated to award the construction contract to the
lowest responsive, responsible bidder meeting the Grantee's specifications.
9.2.1.Procurement Standard. Grantee shall follow appropriate procurement standards as outlined in
the Guidebook, including the selection and payment of contractors,consultants, architects,
engineers, and purchase of materials necessary for the completion of the Project.
9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this
Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee
or any of its Subcontractors shall comply with all applicable federal and state laws and shall be
governed by the laws of the State of Colorado.
9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design
and construction standards and procedures that may be required, including the standards required by
Colorado Department of Public Health and Environment, and shall provide the State with
documentation of such compliance.
9.5. Bidding. Grantee shall provide to DLG all necessary forms relating to bidding and construction funded
by CDBG funds as outlined in the Guidebook.
9.6. Davis-Bacon Act. Grantee, its contractors and subcontractors shall comply with all the requirements of
the Davis-Bacon Act in accordance with the requirements as outlined in the State's CDBG
Guidebook's Labor and Construction Section.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Exhibit B(Scope of Project)
CDBG 15-504- Wattenberg Water System
EXHIBIT C -Supplemental Provisions for FFATA
State of Colorado
Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As
Amended
Revised as of 3-20-13
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been
funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the
provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or
exhibits incorporated into and made a part of the contract, the provisions of these Supplemental
Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below.
1.1. "Award" means an award of Federal financial assistance that a non-Federal Entity receives or
administers in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do not include cooperative research and
development agreements (CRDA) pursuant to the Federal Technology Transfer Act
of 1986, as amended (15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the expenditure of Federal
funds by non-Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the
award is called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section
1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law
111-5).
1.2. "Contract" means the contract to which these Supplemental Provisions are attached and
includes all Award types in §1.1.1 through 1.1.11 above.
1.3. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal
financial assistance, other than the Prime Recipient, and includes grantees, subgrantees,
Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does
not include Vendors.
1.4. "Data Universal Numbering System (DUNS) Number" means the nine-digit number
established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity.
Dun and Bradstreet's website may be found at: http://fedqov.dnb.com/webform.
Page I of 4
CDBG 15-504- Wattenberg Water System
1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart C;
1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
1.5.2. A foreign public entity;
1.5.3. A domestic or foreign non-profit organization;
1.5.4. A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-
Federal entity.
1.6. "Executive" means an officer, managing partner or any other employee in a management
position.
1.7. "Federal Award Identification Number(FAIN)" means an Award number assigned by a
Federal agency to a Prime Recipient.
1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282), as amended by§6202 of Public Law 110-252. FFATA, as amended, also is
referred to as the"Transparency Act."
1.9. "Prime Recipient" means a Colorado State agency or institution of higher education that
receives an Award.
1.10. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds
awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's
support in the performance of all or any portion of the substantive project or program for which
the Award was granted.
1.11. "Subrecipient" means a non-Federal Entity(or a Federal agency under an Award or
Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to
support the performance of the Federal project or program for which the Federal funds were
awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the
Prime Recipient, including program compliance requirements. The term "Subrecipient"
includes and may be referred to as Subgrantee.
1.12. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9-digit
Data Universal Numbering System (DUNS) number that appears in the subrecipient's System
for Award Management(SAM) profile, if applicable.
1.13. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded
Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and
Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from
the relevant Federal or State of Colorado agency or institution of higher education.
1.14. "System for Award Management(SAM)" means the Federal repository into which an Entity
must enter the information required under the Transparency Act, which may be found at
http://www.sam.pov.
1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive
during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to the
fiscal year in accordance with the Statement of Financial Accounting Standards No.
123 (Revised 2005) (FAS 123R), Shared Based Payments;
1.15.3. Earnings for services under non-equity incentive plans, not including group life,
health, hospitalization or medical reimbursement plans that do not discriminate in
favor of Executives and are available generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension plans;
1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the Executive exceeds$10,000.
Page 2 of 4
CDBG 15-504- Wattenberg Water System
1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282), as amended by§6202 of Public Law 110-252. The Transparency Act
also is referred to as FFATA.
1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services
required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a
Subrecipient and is not subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any
revisions to such provisions or regulations shall automatically become a part of these Supplemental
Provisions, without the necessity of either party executing any further instrument. The State of
Colorado may provide written notification to Contractor of such revisions, but such notice shall not be
a condition precedent to the effectiveness of such revisions.
3. System for Award Management(SAM)and Data Universal Numbering System (DUNS)
Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor
submits the final financial report required under the Award or receives final payment, whichever
is later. Contractor shall review and update SAM information at least annually after the initial
registration, and more frequently if required by changes in its information.
• 3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update
Contractor's information in Dun &Bradstreet, Inc. at least annually after the initial registration,
and more frequently if required by changes in Contractor's information.
4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most
highly compensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is$25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80%or more of its annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to
the Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
4.3. The public does not have access to information about the compensation of such Executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)or§6104 of the Internal Revenue Code of 1986.
5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in
§7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct
payment shall be made to Contractor for providing any reports required under these Supplemental
Provisions and the cost of producing such reports shall be included in the Contract price. The
reporting requirements in §7 below are based on guidance from the US Office of Management and
Budget(OMB), and as such are subject to change at any time by OMB. Any such changes shall be
automatically incorporated into this Contract and shall become part of Contractor's obligations under
this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide
summaries of revised OMB reporting requirements at
http://www.colorado.pov/dpa/dfp/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental
Provisions applies to new Awards as of October 1, 2010. Reporting requirements in §7 below apply
to new Awards as of October 1, 2010, if the initial award is$25,000 or more. If the initial Award is
below$25,000 but subsequent Award modifications result in a total Award of$25,000 or more, the
Page 3 of 4
CDBG 15-504- Wattenberg Water System
Award is subject to the reporting requirements as of the date the Award exceeds$25,000. If the
initial Award is$25,000 or more, but funding is subsequently de-obligated such that the total award
amount falls below$25,000, the Award shall continue to be subject to the reporting requirements.
7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as
set forth below.
7.1 To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM
for each Federal Award Identification Number no later than the end of the month following the
month in which the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number+4 if more than one electronic funds transfer(EFT)
account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient's address, including: Street Address, City, State, Country, Zip+4, and
Congressional District;
7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above
are met; and
7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if
criteria in §4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date
of the Contract, the following data elements:
7.2.1 Subrecipient's DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code+4, and Congressional District.
8. Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own or
operate in his or her name.
8.2 A Contractor with gross income from all sources of less than$300,000 in the previous tax year
is exempt from the requirements to report Subawards and the Total Compensation of its most
highly compensated Executives.
8.3 Effective October 1, 2010, "Award"currently means a grant, cooperative agreement, or other
arrangement as defined in Section 1.1 of these Special Provisions. On future dates "Award"
may include other items to be specified by OMB in policy memoranda available at the OMB
Web site; Award also will include other types of Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of
default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior
written notice if the default remains uncured five calendar days following the termination of the 30 day
notice period. This remedy will be in addition to any other remedy available to the State of Colorado
under the Contract, at law or in equity.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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CDBG 15-504-Wattenberg Water System
EXHIBIT G
Form of Option Letter
Date: Original Grant CMS#: Option Letter# CMS Routing#
1) OPTIONS:
a. Option to issue a new Budget(§6.2 of Exhibit B)for a Minor Line Item Adjustment(as defined in§4.4.2 of
Exhibit B).
b.Option to issue a new Budget(§6.2 of Exhibit B)for a Minor Budget Adjustment(as defined in §4.5.1 o Exhibit
B).
c. Option to issue a new Budget(§6.2 of Exhibit B)for acceptance of a True-Up Budget Proposal(as
§4.5.1.1 of Exhibit B).
2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forj►b ow:
a. For use with Option 1(a): In accordance with§7(C)(i)of the Original Grant referenced Awe n the State
of Colorado,acting by and through the Colorado Department of Local Affairs,and Grantee's Name("Grantee"),
the State hereby approves the Minor Line Item Adjustment listed on the attached revis X§6.2 of Exhibit
B. Section 6.2 of Exhibit B of the Original Grant is hereby deleted and replaced .th the tta ed§6.2 of Exhibit
B. All references to§6.2 of Exhibit B in the Original Grant shall refer to the ed Exhib t. Minor Line Item
Adjustments shall not increase the Grant Funds or the total amount of the Bu et.
b. For use with Option 1(b): In accordance with§7(C)(ii)of the Origin. refe ced above between the State
of Colorado,acting by and through the Colorado Department of Local A''airs,a I Grantee's Name("Grantee"),
the State hereby approves the Minor Budget Adjustment listed on th a• -d r ised Budget for§6.2 of Exhibit B.
Section 6.2 of Exhibit B of the Original Grant is hereby deleted ei with the attached§6.2 of Exhibit B.
All references to§6.2 of Exhibit B in the Original Grant shall refe o t e ached Exhibit. Minor Budget
Adjustments shall not increase the Grant Funds.
c. For use with Option 1(c): In accordance with§7(C) i)o - Original Grant referenced above between the
State of Colorado,acting by and through the Colorado II .artme t of Local Affairs,and Grantee's Name
("Grantee"),the State hereby approves the True- - . . t '. R.osal listed on the attached revised Budget for§6.2
of Exhibit B. Section 6.2 of Exhibit B of the 6 .inal t :nt is hereby deleted and replaced with the attached§6.2
of Exhibit B. All references to§6.2 of Exhibit B t e r,riginal Grant shall refer to the attached Exhibit. True-Up
Budget Proposals shall not increase the Grant Funds. ,y
ie
3) Effective Date.The effective date oft S.tion Letter is upon approval of the State Controller or Insert start date,
whichever is later. r
TATE OF COLORADO
n W.Hickenlooper GOVERNOR
Colorado Department of Local Affairs
: Insert Name&Title of Person Signing for Agency or IHE
Date:
ALL ONTRACTS RE UIRE APPROVAL BY THE STATE CONTROLLER
CRS 4-30-202 requires the State Controller to approve all State contracts.This Option Letter is not valid until
•
_ d,, dated below by the State Controller or delegate.Grantee is not authorized to begin performance until such
ti , 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
Robert Jaros,CPA
By:
Janet Miks,CPA,Controller Delegate
Date:
Page 1 of 1 —Exhibit G(Form of Option Letter)
CDBG 15-504- Wattenberg Water System
FORM 2 -Federal Funding Accountability and Transparency Act(FFATA)
Data Report Form
Reporting is required for initial awards of$25,000 or more
or award modifications that result in a total award of$25,000 or more.
Information Field Response
Definitions can be found in Exhibit C
•
1. County DUNS Number: 075757955
2. County's Legal Name:
Weld County
3. County's Parent DUNS Number:
(Report ONLY if different from County DUNS number) Same
4. Location of County Receiving Award:
(Full street address, including City, State and Zip+4) 1150 "0" Street
Greeley, Co 80631
5. Primary Location of Performance of the Award: 1943 Caroline Avenue
(City, State and Zip+4)
Fort Lupton, Co 80621
Answer True or False
6. In the preceding fiscal year, County received:
True
a. $25,000,000 or more in annual gross revenues from
federal procurement contracts/subcontracts and/or federal
financial assistance awards or sub-awards subject to the
Transparency Act.
b. 80%or more of its annual gross revenues from federal
procurement contracts/subcontracts and/or federal False
financial assistance awards or sub-awards subject to the
Transparency Act.
c. The public does not have access to information about the
compensation of its five most highly compensated False
Executives through periodic reports filed through the
Securities Exchange Act of 1934 or the IRS.
An answer to question 7 is required ONLY when all answers to questions 6 are true.
7. Names and total compensation of the five(5)most highly compensated Executives for the preceding fiscal year:
Print Name Compensation Amount
By signing below,I certify the information contained in this report is complete and accurate to the best of my
knowledgj 10-7-2015
O-9.—__--
Signature of Responsible Administrator Date
Mike Freeman, Board Pro—Tem
Page 1 of 1
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