HomeMy WebLinkAboutbocc.res.116.2011 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY APPROVING
THE 2012 -2015 COMMUNITY SERVICES BLOCK GRANT APPLICATION
Resolution //t 7/
RECITALS
1. The Community Services Block Grant (CSBG) is a federal grant dedicated to helping
low - income families and individuals achieve personal and economic self - sufficiency. It
is administered through the State Department of Local Affairs (DOLA) to the County,
and it is dedicated to programs that serve those who live or work in Pitkin County with
income levels of 125% or below federal poverty guidelines. DOLA requires that upon
assuming the responsibility for the administration of the CSBG program, the Board of
County Commissioners will establish and plan for local priorities that achieve the
objectives of the program in addition to accepting responsibility for the efficient
management of individual projects.
2. The Pitkin County Board of County Commissioners wishes to support the CSBG mission
to make a measurable and potentially significant impact on the causes of poverty in
communities throughout the State, or in those areas of communities where poverty is a
particularly acute problem. Funding is used as a means to remove obstacles and solve
problems which block the achievement of self - sufficiency.
3. The Pitkin County Board of County Commissioners recognizes that hunger is a
significant barrier to citizens being able to achieve self - sufficiency. Providing emergency
food assistance for the homeless and for eligible individuals in transition in a safe
environment helps to stabilize and support these individuals as they move towards
independence.
NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado,
SECTION 1.
1. The Pitkin County Commissioners supports the plan as outlined in the Community
Services Block Grant application:
A. $12,115 (100 %) to be given to the Aspen Homeless Shelter, a 501 (c)(3) non-
profit, to provide direct emergency food assistance for case management clients at
or below 125% of poverty. The food will be in the form of evening meals for their
evening program guests at the Health & Human Services Building.
1 j
2. ADMINISTRATION
The Director of Health and Human Services will take full responsibility for the
administration of this grant.
SECTION 2:
This resolution shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the resolutions released
or amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
SECTION 3:
If any section, subsection, sentence, clause, phrase or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
SECTION 4:
A public hearing on the resolution shall be held on December 21st, 2011, in the Pitkin
County Courthouse Annex, Plaza 1 Meeting Room, Courthouse Plaza Building, 530 E. Main
Street, Aspen, Colorado, 81611.
INTy4ODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON
/ . / - e ) - 1 1 , v , 2011.
NOTII OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON
e,-ivu ), , 2011.
ADOPjED AFTER FINAL READING AND PUBLIC HEARING ON
, 2011.
PUBLISHED BY TITLE A__1 SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON e� y , 2011.
A' E`T: BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, CO - ' 00
1
N
Jean: e Jones Rachell E. Richards, Chai oman
2
Deputy Clerk and Recorder
DATE: Q,/ / 7/
APPROVED AS TO FORM: MANAGER APPROV A T
John Ely n Pew
Cou / < -' orney County Manager
RECOMMENDED FOR ADOPTION:
Nancy N. Sundeen
Director of Health and Human Services
3
COLORADO
COMMUNITY SERVICES BLOCK GRANT (CSBG)
2012 -2015 APPLICATION
DEPARTMENT OF LOCAL AFFAIRS
DIVISION OF
LOCAL GOVERNMENT
1313 SHERMAN STREET, ROOM 521
DENVER, CO 80203
•
Page 1 of 25
2012 -2015 Community Services Block Grant (CSBG)
Application
COVER PAGE
GRANTEE INFORMATION:
Name of Eligible Entity: Pitkin County
Full Mailing Address: 0405 Castle Creek Rd., Suite 7, Aspen, CO 81611
Street Address: N/A
(If different from mailing address)
DUNS Number: 085278844
PRIMARY CONTACT INFORMATION:
PRIMARY Contact Person for Eligible Entity: Nan Sundeen
Phone Number: (970) 920 -5209
Provide direct line number and/or extension
Fax Number: (970) 544 -1850
Email Address: nan.sundeen
PROGRAM MANAGER CONTACT INFORMATION
CSBG PROGRAM Manager Contact: Mitzi Ledingham — Mitzi shares signature authority
with Nan
If different than above
Phone Number: (970) 920 -5766
Provide direct line number and/or extension
Fax Number: (970) 920 -5558
Email Address: mitzi .IedinghamAco.pitkin.co.us
CHAIRPERSON CONTACT INFORMATION
Chairperson for the Board of County Commissioners if the eligible entity is a public agency
Chairperson /President if the eligible entity is a private community action agency:
NAME: Rachel E. Richards
Title: Chairwoman
Mailing Address: 530 E. Main Street, Aspen, Colorado 81611
Email Address: rchel .richardslo'�.co.pitkin.co.us
Page2of25
2011 -2012 Community Services Block Grant (CSBG)
Application
APPLICATION CHECKLIST
This Checklist includes requirements for completing the grant application for the Community
Services Block Grant (CSBG). The Application Checklist must accompany your submission.
Applicant should indentify those items that have been included in the submission by placing an "X"
in the appropriate box.
Submitted Document Comments
by Grantee
❑ Completed Application Cover Page
❑ Signed CSBG Certifications
❑ Tripartite Board Membership Roster
❑ Grantee and (if applicable) the Sub - Grantee
Budget Information Page
❑ Tripartite Board Bylaws
El Newspaper Notice of Public Hearing
❑ Public Hearing Minutes
❑ CSBG Program Policy and Procedures
❑ Grantee's 501(C)(3) Certification (applicable to
private eligible entities)
❑ Needs Assessment Report
❑ Copy of the Needs Assessment tool(s) used to
conduct the survey
❑ ROMA Summary for each activity funded with
CSBG
❑ Tripartite Board Meeting Minutes when the CSBG
Application and Plan was approved
❑ Copy of most current Financial Audit
❑ Copy of the Contract!MOU /Sub- Grantee
Agreement Boiler Plate (if applicable)
❑ Community Action Plan that includes:
• Results of the Needs Assessment
❑ • Description of community resources
available and what is needed
❑ • Identification of service to be provided
❑ • Description of expected outcome
❑ • Projected number of clients and % of
success expected
❑ • Description of measurement tool that will
be used to determine success
❑ • Linkages Plan (if requesting funds for
Linkages)
❑ • Description of how coordination will occur
❑ • Description of how CSBG funds will be
coordinated with other resources
❑ • Description of innovative initiatives being
undertaken
Page 3 of 25
2011 -2012 Community Services Block Grant (CSBG)
Application
Submission Instructions
Applications are due by 5 P.M. on January 23, 2012. Complete the application forms included with this
package. Your application must include all documents on the Application Checklist that are
applicable to your program. The Community Action Plan must follow the same order as provided in the
Application Checklist, or be tabbed or contain a table of contents. If you are unable to submit a specific
item(s) on the Application Checklist please provide an explanation in the comments column.
Applications that are incomplete or missing information will not be given first priority for contract
preparation and will be returned for correction.
Eligible entities applying for CSBG funds to carry out Linkages must submit a comprehensive description
of what will be undertaken, how the eligible entity is involved, other agencies involved, and what the
expected outcome is for the client or community. Eligible entities will be expected to report on the
outcomes of Linkages in addition to the CSBG IS Final Report.
SHIP ONE ORIGINAL COMPLETED APPLICATION PACKET VIA FEDERAL EXPRESS, UPS OR
CERTIFIED MAIL TO: (DO NOT SEND ELECTRONICALLY OR BY POSTAL DELIVERY)
Bethany Fox
Colorado Department of Local Affairs
Division of Local Government
CSBG Program
1313 Sherman Street, Suite 521
Denver, CO 80203
Page4of25 7
•
2012 -2015 Community Services Block Grant (CSBG)
Application
CSBG CERTIFICATIONS
By signing and submitting this application and plan, the Grantee assures that activities
implemented with CSBG funds will be:
o used to accomplish the State CSBG Goal and Objective stated in the State Plan; and
o within the requirements set forth in the Community Services Block Grant Act, Title IV of the Civil
Rights Act, the Age Discrimination Act of 1975, the Rehabilitation Act of 1973, Public Law 103-
227, Part C, Environmental Tobacco Smoke, also known as the Pro - Children Act of 1994 (Act),
Certification Regarding Drug -Free Workplace Requirements, Certification Regarding Lobbying,
Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary
Covered Transactions, Office of Management and Budget (OMB Circular A110 and Al22), and
the current State of Colorado CSBG Plan.
The Grantee also assures that it will:
o specifically consider, in a public meeting the designation of any local public or private entity to
carry out the county community service activities under contract with the county, any local
community action agency (CAA) which received federal fiscal 1981 -82 funding; and
o consider, on the same basis as other non - governmental organizations, religious organizations to
provide the CSBG services, so long as the program is implemented in a manner consistent with
the Establishment Clause of the first amendment to the Constitution. Grantees shall not
discriminate against an organization that provides assistance under, or applies to provide
assistance, on the basis that the organization has a religious character. (Please review Sec.679
Operational Rule in the CSBG Act); and
o provide for coordination between community anti - poverty programs and ensure, where
appropriate, that emergency energy crisis intervention programs under Title XXVI (relating to low -
income home energy assistance) are conducted in such community; and
o provide, on an emergency basis, for the provision of such supplies and services, nutritious foods,
and related services, as may be necessary to counteract conditions of starvation and malnutrition
among low- income individuals; and
o coordinate, to the extent possible, programs with and form partnerships with other organizations
serving low- income residents of the community and members of groups served, including
religious organizations, charitable groups, and community organizations; and
o establish procedures under which a low- income individual, community organization, or religious
organization, or representative of low- income individuals that considers its organization, or low -
income individuals, to be inadequately represented on the CSBG board (or other mechanism) to
petition for adequate representation; and
Page 5 of 25
2012 -2015 Community Services Block Grant (CSBG)
Application
CSBG CERTIFICATIONS
o ensure that in order for a public organization to be considered an eligible entity, the entity shall
administer the CSBG program through a tri- partite board, which shall have members selected by
the organization, and shall be composed so as to assure that not fewer than 1/3 of the members
are persons chosen in accordance with democratic selection procedures adequate to assure that
these members are:
• Representative of low- income individuals and families in the community served; and
• Reside in the community served; and
• Able to participate actively in the development, planning, implementation and evaluation of
the program
o ensure that In order for a private, non- profit agency to be considered an eligible entity, the entity
shall administer the CSBG program through a tri- partite board that fully participates in the
development, planning, implementation, and evaluation of the program. The members of the
board shall be selected by the entity and the board shall be composed so as to assure that:
• 1/3 of the members of the board are elected public officials holding office or their
representatives; and
• Not fewer than 1/3 of the members are persons chosen in accordance with democratic
selection procedures adequate to assure that these members are representative of low -
income individuals and families in the neighborhood served and resides in the
neighborhood represented; and
• The remainder of the members are officials or members of business, industry, labor,
religious, law enforcement, education or other major groups and interests in the
community served.
o prohibit the purchase or improvement of land, or the purchase, construction, or permanent
improvement (other than low -cost residential weatherization or other energy - related home
repairs) of any building or facility with CSBG funds; and
o prohibit, including subcontractors, (a) any partisan or nonpartisan political activity or any political
activity associated with a candidate, or contending faction or group, in an election for public or
party office, (b) any activity to provide voters or prospective voters with transportation to the polls
or similar assistance in connection with any such election, or (c) any voter registration activity;
and
o prohibit that persons shall, on the basis of race, color, national origin or sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under, any program or
activity funded in whole or in part with CSBG. Any prohibition against discrimination on the basis
of age under the Age Discrimination Act or 1975 (42 U.S.0 6101 et seq.) or with respect to an
otherwise qualified individual with a disability as provided in Section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 12131 et seq.) shall also apply to any such program or activity; and
Page 6 of 25
2012 -2015 Community Services Block Grant (CSBG)
Application
CSBG CERTIFICATIONS
o participate in the Results- Oriented Management and Accountability (ROMA) System, and
describe outcome measure to be used to measure performance in promoting self - sufficiency,
family stability, and /or community revitalization; and
o make available for public inspection each plan prepared as part of the program planning process.
The Grantee may, at its initiative, revise any plan prepared for CSBG funding and shall furnish
the revised plan to the Director of the Community Services Block Grant under the Department of
Local Affairs. Each plan prepared for submission shall be made available for public inspection
within the county and /or service area in such a manner as will facilitate review of, and comments
on, the plan; and
o cooperate with the State, to determine whether grantee performance goals, administrative
standards, financial management requirements, and other requirements of the State, in
conducting monitoring reviews including (1) a full on -site review for each grantee at least once
during each 3 -year period, (2) on -site review for each newly designated grantee immediately after
the completion of the first year in which funds were received, (3) follow -up reviews with grantees
that fail to meet the goals, standards, and requirement established by the State, and (4) other
reviews as appropriate, including reviews of grantees with other programs that have had other
federal, State, or local grants terminated for cause; and
o make available appropriate books, documents, papers, and records for inspection, examination,
copying, or mechanical reproduction on or off the premises upon reasonable request by the U.S.
Controller General, the State, or their authorized representatives should an investigation of the
uses of CSBG funds be undertaken; and
o in the case of county governments or Subgrantees which receive a CSBG award in excess of
$100,000, comply with the following three certifications related to the "Limitation on use of
appropriated funds to influence certain Federal Contracting and financial transactions (P.L. 101-
121, Section 319 and USC Title 31 Section 1352) ":
1. No Federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure
Form to Report Lobbying," in accordance with its instruction.
3. The undersigned shall require that the language of this certification be included in the
award document for subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
Page 7 of 25 /1&$
2012 -2015 Community Services Block Grant (CSBG)
Application
CSBG CERTIFICATIONS
The Grantee certifies to the best of its knowledge and belief, that it and its principals:
a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
b) have not within a three -year period preceding this proposal been convicted or had a civil '
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public transaction; violation of Federal or
State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
c) are not presently indicted for otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (b)
of this certification; and
e) have not within a three -year period preceding this application had one or more public
transactions (Federal, State or local) terminated for cause or default.
The Grantee further certifies that it:
a) requires that smoking not be permitted in any portion of any indoor routinely owned or leased
or contracted for by an entity and used routinely or regularly for provisions of health, day
care, education, or library services to children under the age of 18, if the services are funded
by Federal programs either directly or through State or local governments, by Federal grant,
contract, loan, or loan guarantee.
b) that it will require the language of this certification be included in any sub awards which
contain provisions for the children's services and that all Subgrantees shall certify
accordingly.
If you are unable to certify to any of the statements in this certification, please attach an
explanation to this application.
SIGNATURE:
Authorized to Sign:
If Public Eligible Entity: Chairperson of the Board of County Commissioners
If Private Community Action Agency: Tri- Partite Board Chairperson /President
If Multi -County Service Agency: Chairperson of the Board of County Commissioners of Lead Agency
PRINT NAME: Rachel E. Richards
POSITION TITLE:- Chairwoman DATE: c 79-D
Page8of25 / /
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2012 -2015 Community Services Block Grant (CSBG)
Application
CSBG ROMA SUMMARY GUIDE
USE ONE FORM FOR EACH PROGRAM FUNDED BY CSBG
Implementing Agency:
Name of the organization applying for CSBG funding
Pitkin County
National Performance Indicator(s) (NPI):.
Select an appropriate NPI (See NPI Guide)
6.2
. Federal Objective:
Applicants must choose ONE Federal Objective. (See Federal Objectives Guide)
Nutrition
National Goal:
Applicants must choose a National Goal. The NPI and Goal should match.
GOAL 1 Low- income people become more self - sufficient.
FAMILY
GOAL 2 The conditions in which low- income people live are improved.
COMMUNITY
GOAL 3 Low - income people own a stake in their community.
COMMUNITY .
GOAL 4 Partnerships among supporters and providers of services to low- income
people are achieved.
AGENCY
GOAL 5 Agencies increase their capacity to achieve results.
AGENCY
X GOAL 6 Low - income people, especially vulnerable populations, achieve their
potential by strengthening family and other supportive systems.
FAMILY
Low income Target Population:
The purpose of this question is to track programs that are specific to youth or seniors. If your program,
which is funded with CSBG funds, serves only youth or seniors check the appropriate box. If a box is not
checked it will be assumed that you provide services to all populations.
Page 19 of 25 ��
2012 -2015 Community Services Block Grant (CSBG)
Application
•
ROMA DEFINITIONS
ACTIVITY — What a program does with its inputs to fulfill its mission. Program activities result in outputs.
BENCHMARKS — Performance data used for comparative purposes to compare future performance.
IMPACT — The direct or indirect effects or consequences of achieving program goals.
INDICATOR — Specific items of information that track a program's success on outcomes describes the
observable, measurable characteristics or changes that represent achievement of an outcome. Along
with the number ( #) and percent ( %) of program participants that demonstrate how well the program is
doing with respect to the outcome.
INPUT — Resources a program used to achieve program objectives to support activities.
MEASURE — Used for assessing the achievement of objectives that may be quantitative or qualitative,
objective or subjective.
MILESTONES — Key accomplishments or threshold points through which participants must pass to be
successful.
OUTCOME — Benefits or changes for clients, households, or a community that are produced during or
after participation in program activities.
OUTCOME INDICATOR — Specific items of information that track a program's successes on an outcome
that describe observable, measurable characteristics or change that represent achievement of an
outcome.
OUTCOME MEASURE — Assessment of the results, effects or impact of a program activity compared to
its mission.
OUTCOME TARGET — Numerical objectives for a program's level of achievement on its outcomes. Set
targets for the number ( #) and percent ( %) of participants expected to achieve desired outcomes in the
next reporting period. To show the amount of change that expected to happen to participants.
OUTPUT — Products of a program's activities. Another term for "outputs" is "units of service." A
program's outputs should produce desired outcomes for the program's participants.
OUTPUT MEASURE — The tabulation, calculation or recording of activity or effort that can be expressed
in a quantitative or qualitative manner.
PERFORMANCE — Accomplishment of actions that transform inputs through a process to outputs and
outcomes.
PERFORMANCE INDICATOR — A particular value or characteristic used to measure outputs or
outcomes.
SCALE — Instrument that is used to measure an outcome on a continuum. Used to show incremental
progress, stabilization, or decline.
Page 20 of 25
2012 -2015 Community Services Block Grant (CSBG)
Application
ROMA SUMMARY
(Each Grantee /Sub- grantee applying for CSBG dollars must complete this form)
Implementing Agency: Aspen Homeless Shelter
Implementing Agency Contact Person: Vince Savage, Executive Director
Complete Mailing Address and Zip Code:
AHS, 0405 Castle Creek Rd., Suite 16, Aspen, Colorado 81611
Phone Number: 970 - 544 -5545 Fax: 970 - 544 -1562
Email Address: beaver(rof.net
National Indicators: 6.2 (Le. 1.2, 2.1, 6.2, etc.)
FEDERAL OBJECTIVE (SELECT ONE)
❑Employment X ❑Nutrition ['Linkages
['Income Management ❑ Self-Sufficiency ['Housing
❑Emergency Services ❑ Education ❑ Health
National Goal (Select One) The National Goal and National Indicator should match. (i.e. National
Indicator 1.2, National Goal 1)
El Goal 1 Low - income people become more self - sufficient. (Family)
❑ Goal 2 The conditions in which low - income people live are improved. (Community)
❑ Goal 3 Low - income people own a stake in their community. (Community)
❑ Goal 4 Partnerships among supporters /providers of services to low- income people are achieved.(Agency)
❑ Goal 5 Agencies increase their capacity to achieve results. (Agency)
X❑ Goal 6 Low- income people, especially vulnerable populations, achieve their potential by
strengthening family and other supportive systems. (Family)
Low INCOME TARGET POPULATION:
❑SENIORS ❑YOUTH
Page 21 of 25
2012 -2015 Community Services Block Grant (CSBG)
Application
PROJECT SCOPE AND BUDGET
The narrative provided here will be used to develop your CSBG contract. Be specific, detailed and
concise. Include the activities that will be provided directly by the Grantee and those that will be sub-
contracted and carried out by Sub - Grantees. If your project description is identical to last years project
description used in your CSBG contract you may write "Same as previous project description ".
1. Project Description:
The CSBG grant will provide immediate food assistance as a cornerstone of an enhanced evening
case management program, designed to keep guests off the streets in early evening away from the
temptations of substance use /abuse and other problems, and to support individuals in their goal
toward self- sufficiency.
CSBG funds through AHS will provide individuals with food and on -going support as they work
towards self - sufficiency. Food is the draw to meet basic needs and introduce clients to enhanced
case management services.
The program will coordinate with Colorado Workforce Center (CWC), Colorado Mountain College
(CMC), nonprofit agencies, faith organizations, and community -based individual program experts to
develop and offer programming during the evening hours designed to lift participants out of poverty.
These workshops and classes will be bolstered by individualized case management services,
designed to Zink guests with a wide variety of programs and services that may be useful to them in
their journey out of poverty.
2. Grantee Eligible Expenses
N/A Contract administration is provided in -kind.
3. Sub - Grantee Eligible Expenses
$12,115 for emergency food
Page 22 of 25
2012 -2015 Community Services Block Grant (CSBG)
Application
FEDERAL OBJECTIVES GUIDE
Employment
Specific activities to be included in the Employment Service Category are: information about employment
and job training; job counseling; job placement and development; on-the-job training activities to
enhance the skills of working persons during employment; and summer youth jobs programs. Other
activities may be employment generating projects, skills training, participation in planning and
coordination of the Workforce Investment Act (WIA) or participation in community employment programs.
Education
Information about educational opportunities, advice and guidance to eligible youth and adults about
educational opportunities, educational or informational activities conducted to inform the public about
problems and solutions of poverty in the community, support of Head Start programs, child development
and childcare classes, parenting skills education, projects to mobilize community resources to meet
educational needs and to arrange for partnerships and coordinated initiative's in education projects.
Income Management
All CSBG funded energy efficiency activities should be included here. Other activities are as follows:
household financial counseling, income tax counseling, alternative energy installations, public information
regarding energy conservation, Weatherization Support, and other income management projects.
Housing
Specific activities to be included in Housing are: information about housing services, counseling on
homeownership, counseling in landlord /tenant relations as well as assistance in applying for rent
subsidies, home repair and residential rehab services, support for group homes, initiatives enforcing the
Community Reinvestment Act, participation in preparation of applications from local governments for
CDBG, rural water and wastewater facilities and Section 8 housing.
Emergency Services
Activities can include: One -time payments to help meet emergency needs for shelter, food, clothing, fuel,
energy payments etc., temporary shelter and /or food programs for the homeless, mobilizing, storing,
distributing donations of money, food, clothing, etc. and professional services to help persons meet one-
time emergencies or recover from disasters, projects to mobilize the resources of communities to meet
emergency or disaster relief needs of eligible persons.
Linkages
This objective includes activities such as: Information and referral to several different types of programs
serving eligible individuals, projects undertaken by agencies to identify and prioritize the needs of eligible
citizens, activities that recruit volunteers and coordinate their activities, organizing community meetings
or coordinating activities, such as beautification, recycling or crime prevention campaigns. This objective
includes transportation of eligible persons to services they need within their communities that cannot be
assigned to a single direct program purpose in other service categories. Can also include elderly projects
such as for multi - purpose senior centers; or recreation, consumer and homemaker services.
Self- Sufficiency
The purpose of this objective is to capture expenditures being devoted to comprehensive, long -term
programs of family development whose purpose is to help clients achieve a set of goals which will result
in greater self - sufficiency and will eliminate some of the causes of that family's poverty.
Page 23 of 25
2012 -2015 Community Services Block Grant (CSBG)
FEDERAL OBJECTIVES GUIDE
(Continued)
Health
This objective is designed to capture the increasing number of health - related activities that have .
historically been reported under "Linkages: Other." Specific activities could include: transportation to
medical services; medical or dental screening; immunizations; drug abuse or alcoholism prevention and
treatment; family planning — counseling, information or assistance; rural health programs; health related
information for all ages; periodic screening for serious health problems; mental health screening referral
and treatment.
Nutrition
This objective includes activities such as: Organizing and operating food banks, supporting food banks of
faith based and civic organization partners with food supplies and management support; distributing
surplus USDA commodities and other food supplies; administer the Women, Infants, and Children (WIC)
nutrition program; preparing and delivering meals, especially to the homebound elderly; providing food in
group settings; counseling about family and children's nutrition; and initiating self -help projects, such as
community gardens and canneries, and food buying groups.
Page 24 of 25
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CSBG35 PITKIN COUNTY
GRANT AGREEMENT
Between
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
And
PITKIN COUNTY
Summary
Form of Financial Assistance: ® Grant ❑Loan Award Amount: $12,079.00
Agreement Identification:
Contract Encumbrance#: L12CSBG35 (DOLA's primary contract identification#)
Contract Management System#: 4i cNa( , (State of Colorado's contract tracking#)
Project Information:
Project/Award Number: CSBG35
Project Name: PITKIN COUNTY
Performance Period: Start Date: 03/01/2012 End Date: 09/30/2015
Brief Description of Project/ PITKIN COUNTY will carry out services and/or assistance to low income
Assistance: families and individuals
Program&Funding Information:
Program Name Community Services Block Grant
Catalog of Federal Domestic Assistance(CFDA)Number(if federal funds): 93.569
Funding Account Codes: 100 LEBO 102 5120 C235 5102
Page 1 of 18
Form Revised 03/2012
CSBG35 PITKIN COUNTY
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 4
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 10
15.REMEDIES 10
16.NOTICES and REPRESENTATIVES 12
17.RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE 12
18.GOVERNMENTAL IMMUNITY 13
19.STATEWIDE CONTRACT MANAGEMENT SYSTEM 13
20.RESTRICTION ON PUBLIC BENEFITS 13
21.GENERAL PROVISIONS 13
COLORADO SPECIAL PROVISIONS 16
SIGNATURE PAGE 18
EXHIBIT A—APPLICABLE LAWS
EXHIBIT B—STATEMENT OF PROJECT
EXHIBIT C—BUDGET
EXHIBIT D—SUPPLEMENTAL PROVISIONS FOR FEDERAL FUNDING ACCOUNTABILITY AND
TRANSPARENCY ACT OF 2006(FFATA)
FORM 1—RESIDENCY DECLARATION
FORM 2—OPTION LETTER
1.PARTIES
This grant agreement(hereinafter called"Grant")is entered into by and between PITKIN 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 later to occur of the Effective Date or the date of a separate letter issued by DOLA("Release of
Funds Letter")notifying Grantee of the completion of a satisfactory environmental review and
authorizing Grantee to obligate or use Grant Funds.
C. ® The Effective Date;provided,however,that all Project costs, if specifically authorized by the funding
authority,incurred on or after March 1, 2012,may be submitted for reimbursement as if incurred after the
Effective Date.
D. ❑ insert date for authorized Pre-agreement Costs(as such term is defined in§4). Such costs may be
submitted for reimbursement as if incurred after the Effective Date.
Page 2_of 18
CSBG35 PITKIN COUNTY
E. ❑ The Effective Date;provided,however,that the costs identified in the checked subsections below may
be submitted for reimbursement as if incurred after the Effective Date (see checked suboption(s) below):
i. ❑ All Project costs,if specifically authorized by the funding authority, incurred on or after insert
federal grant's effective date;and
ii. ❑Pre-award costs for insert purpose,if any,incurred on or after insert starting date allowed under
the federal award for pre-award costs.
F. ❑ The Effective Date;provided however,that all or some of the costs or expenses incurred by Grantee
prior to the Effective Date which have been or will be paid with non-federal and/or non-State funds may
be included as a part of Grantee's non-federal match requirement,set forth herein and in Exhibit B,
Statement of Project,if such costs or expenses are properly documented as eligible expenses in.
accordance with insert reference to proper documentation.
3.RECITALS
A.Authority,Appropriation,And Approval
Authority to enter into this Grant exists in CRS §24-32-106 and funds have been budgeted,appropriated
and otherwise made available pursuant to CRS §24-32-106 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. Evaluation -
"Evaluation"means the process of examining Grantee's Work and rating it based on criteria established in
§6 and Exhibit B.
B. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein:
i. Exhibit A(Applicable Laws)
ii. Exhibit B (Statement of Project)
iii. Exhibit C(Budget)
iv. Exhibit D(Supplemental Provisions for Federal Funding Accountability and Transparency Act)
v. Form 1 (form of Residency Declaration)
vi. Form 2 (form of Option Letter)
C. Goods
"Goods"means tangible material acquired,produced,or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
D. Grant
"Grant"means this grant 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.
E. Grant Funds
"Grant Funds"means available funds payable by the State to Grantee pursuant to this Grant..
F.Party or Parties
"Party"means the State or Grantee and"Parties"means both the State and Grantee.
Page 3 of 18
CSBG35 PITKIN COUNTY
. G. 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.
H.Project
"Project"means the assistance or services provided by Grantee from the list of federal objective(s)for the
Community Services Block Grant("CSBG")program,which includes employment, education,income
management,housing, emergency services,linkages, self-sufficiency,health and nutrition,and is further
described in Exhibit B.
I. Budget
"Budget"means the budget on Exhibit C for the Work described in Exhibit B.
J.Program
"Program"means the grant program specified on the first page of this Grant that provides the funding for
this Grant.
K.Program Year
"Program Year"means the period beginning on March 1 and ending on September 30 of the following
year;however,for Grant Funds being carried forward from a previous grant agreement between the State
and Grantee,the Program Year shall be the period beginning when such Grant Funds are encumbered under
this Grant and ending on September 30 of 2012,which shall be called"Program Year 0". Grant Funds for a
Program Year which remain unexpended will expire at the end of such Program Year and no longer be
available.
L. 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.
M. Services
"Services"means the required services to be performed by Grantee pursuant to this Grant.
N. Subgrantee
"Subgrantee"means third-parties, if any, engaged by Grantee to aid in performance of its obligations.,
O.Work
"Work"means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhibits B and C,including the performance of the Services and delivery of the Goods.
P.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 September 30,2015 unless sooner
terminated or further extended as specified elsewhere herein. •
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
Page 4 of 18
CSBG35 PITKIN COUNTY
Grantee shall complete the Work and its other obligations as described herein and in Exhibits B and C on
or before September 30,2015,unless sooner terminated or further extended as specified elsewhere herein.
Except as expressly permitted in this Grant,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. Option Letter/Maximum Amount
The maximum amount payable under this Grant to Grantee by the State for Work performed is limited
solely to the amount specified below as Grant Funds,and only up to the unpaid obligated balance of Grant
Funds that have not expired. Grantee agrees to provide any additional funds required for the successful
completion of the Work.
Program'Years �...� .; Grantl?unds* - .g=OptionitetterAmounts**
Year 1—3/1/12 through 9/30/13 $12,079.00
Option Years:
Year 0—3/1/11 through 9/30/12 $ $ ***
Year 2—3/1/13 through 9/30/14 $
Year 3—3/1/14 through 9/30/15 $
* Grant Funds for a Program Year which remain unexpended will expire at the end of such Program Year
and will no longer be available. Grant Funds for any Program Year may be increased by Option Letter as
specified under Footnote **below.
**Option Letter amounts are estimated prior to the Effective Date of the Grant,are subject to adjustment
and encumbrance by Option Letter as follows:
i. Upon State's receipt of funding levels from the federal government for a Program Year(each"Funding
Level"),the State will give Grantee written notice of such Funding Level within 15 calendar days of
State's receipt of such notice. The Parties acknowledge that a Funding Level may: 1)be new funding
for a Program Year that may increase or a decrease the estimated Option Letter amount; or 2) increase
already encumbered Grant Funds for such Program Year.
ii. Grantee shall submit to the State a Project Budget for the applicable Program Year within 30 calendar
days of Grantee's receipt of the State's notice(each a"Budget Proposal"). Each Budget Proposal shall
constitute an offer from the Grantee for providing Services pursuant to the Budget Proposal up to the
amount of unpaid obligated Grant Funds that have not expired.
Upon State's receipt of the Budget Proposal,and if the State accepts the Budget Proposal, State shall
prepare and unilaterally execute an Option Letter in a form substantially equivalent to Form 2,which
shall for the Program Year: include the Budget Proposal as an attachment; adjust the Option Letter
amounts to the amount received from the federal government; and encumber the Option Letter amount
as Grant Funds for the applicable Program Year. If exercised,the provisions of the Option Letter shall
become part of and be incorporated into this Grant.
Page 5 of 18
CSBG35 PITKIN COUNTY
***The Option Letter amount for Program Year 0, if any, will not be known until the previous grant
agreement between the State and Grantee containing such funds is closed out. Such Option Letter amounts
are subject to encumbrance under this Grant by Option Letter as specified under Footnote** above.
B. Payment
i.Advance,Interim and Final Payments
Any advance 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.
W.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.
iv.Erroneous Payments
At the State's sole discretion,payments made to Grantee in error for any reason, including,but not
limited to overpayments or improper payments, and unexpended or excess funds received by Grantee,
may be recovered from Grantee by deduction from subsequent payments under this Grant or other
Grants,grants or agreements between the State and Grantee or by other appropriate methods and
collected as a debt due to the State. Such funds shall not be paid to any 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.
8.REPORTING-NOTIFICATION
Reports,Evaluations,and Reviews required under this§8 shall be in accordance with the procedures of and in
such form as prescribed by the State and in accordance with§19,if applicable.
A.Performance,Progress,Personnel,and Funds
Grantee shall submit a report to the State upon expiration or sooner termination of this Grant, containing an
Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder.In
addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit 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
Page 6 of 18
•
CSBG35 PITKIN COUNTY
Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be
submitted to the State or its principal representative upon request by the State.Any and all subgrants
entered into by Grantee related to its performance hereunder shall comply with all applicable federal and
state laws and shall provide that such subgrants be governed by the laws of the State of Colorado.
9. GRANTEE RECORDS
Grantee shall make,keep,maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall make,keep,maintain,and allow inspection and monitoring by the State of a complete file of
all records,documents, communications,notes and other written materials, electronic media files, and
communications,pertaining in any manner to the Work or the delivery of Services(including,but not
limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records(the
"Record Retention Period")until the last to occur of the following: (i) a period of 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 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 inequity in lieu of or in conjunction with such corrective measures.
C.Monitoring
Grantee shall permit the State,the federal government, and other governmental agencies having
jurisdiction,in their sole discretion,to monitor all activities conducted by Grantee pursuant to the terms of
this Grant using any reasonable procedure,including,but not limited to: internal evaluation procedures,
examination of program data,special analyses, on-site checking,formal audit examinations,or any other
procedures.All monitoring controlled by the State shall be performed in a manner that shall not unduly
interfere with Grantee's performance hereunder.
D. Final Audit Report
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 on this §10 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information,includes,but is not necessarily limited to,
state records,personnel records,and information concerning individuals.
A. Confidentiality
Grantee shall keep all State records and information confidential at all times and to comply with all laws
and regulations concerning confidentiality of information.Any request or demand by a third party for State
records and information in the possession of Grantee shall be immediately forwarded to the State's
principal representative.Except as otherwise provided in this Grant,Grantee shall keep all 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,
Page 7 of 18
CSBG35 PITKIN COUNTY
and shall provide each with a written explanation of such requirements before they are permitted to access
such records and information.
C. Use, Security,and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee
or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee
shall provide and maintain a secure environment that ensures confidentiality of all State records and other
confidential information wherever located. Confidential information shall not be retained in any files or
otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause for
legal action by third parties against Grantee,the State or their respective agents. Grantee shall,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.
E. Health Portability and Insurance Portability and Accountability Act of 1996(HIPAA)
DOLA is not a covered entity under HIPAA for purposes of this Grant. If the Grantee is a covered entity
under BIPAA,it shall comply with the requirements of HIPAA,and in all instances shall comply with all
other federal and state laws protecting the confidentiality of patient information.
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
Page 8 of 18
•
CSBG35 PITKIN COUNTY
Colorado and has designated a registered agent.in Colorado to accept service of process.Any revocation,
withdrawal or non-renewal of licenses, certifications,approvals,insurance,permits or any such similar
requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a
material breach by Grantee and constitute grounds for termination of this Grant.
13.INSURANCE
Grantee and its 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 and Subgrantees
Grantee shall require each Grant with Subgrantees, other than those that are public entities,providing
Goods or Services in connection with this Grant,to include insurance requirements substantially similar to
the following:
i. Worker's Compensation
Worker's Compensation Insurance as required by State statute,and Employer's Liability Insurance
covering all of Grantee and Subgrantee 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 1.0/93 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.Additional Insured
Grantee and the State shall be named as additional insured on the Commercial General Liability
Insurance policies (leases and construction Grants require additional insured coverage for completed
operations on endorsements CG 2010 11/85,CG 2037,or equivalent).
v. Primacy of Coverage
Coverage required of Grantee and Subgrantees 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
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CSBG35 PITKIN COUNTY
All insurance policies in any way related to this Grant and secured and maintained by Grantee or its
Subgrantees 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.
viii. Malpractice/Professional Liability Insurance
This section❑ shall ® shall not apply to this Grant.
Grantee and Subgrantees shall maintain in full force and effect a Professional Liability Insurance
Policy in the minimum amount of$1,000,000 per occurrence and$3,000,000 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 named in this Grant shall be responsible for all claims,damages, losses or
expenses,including attorney's fees, arising out of or resulting from the Grantee's performance of
professional services under the Grant.
C. Certificates
Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to
the State within seven business days of the Effective Date of this Grant.No later than 15 days prior to the
expiration date of any such coverage,Grantee and each Subgrantee shall deliver to the State or Grantee
certificates of insurance evidencing renewals thereof.hi addition,upon request by the State at any other
time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall,within 10 days of
such request,supply to the State evidence satisfactory to the State of compliance with the provisions of this
§13.
14.BREACH
A. Defined
In addition to any breaches specified in other sections of this Grant,the failure of either Party to perform
any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner,
constitutes a breach. The institution of proceedings under any bankruptcy,insolvency,reorganization or
similar law,by or against Grantee,or the appointment of a receiver or similar officer for Grantee or any of
its property,which is not vacated or fully stayed within 20 days after the institution or occurrence thereof,
shall also constitute a breach.
B.Notice and Cure Period
hi 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.
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CSBG35 PITKIN COUNTY
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.All Work Product, at the option of the State,shall be delivered by Grantee to the State and shall
become the State's property.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after
termination by the State, it is determined that Grantee was not in breach or that Grantee's action or
inaction was excusable, such termination shall be treated as a termination in the public interest and the
rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public
interest,as described herein.
iii.Damages and 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.Grantee shall be liable for
excess costs incurred by the State in procuring from third parties replacement Work, Services or
substitute Goods as cover.
B.Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor,General Assembly,and/or Courts.If this Grant ceases to further
the public policy of the State,the State,in its sole discretion,may terminate this Grant in whole or in part.
Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder.This
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. Remedies Not Involving Termination
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CSBG35 PITKIN COUNTY
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.
A. State:
Tony Hernandez
Division of Local Government
Colorado Department of Local Affairs
1313 Sherman Street,room 521
Denver, CO 80203
Email: tony.hernandez @state.co.us
B. Grantee: M tA C( OLU c`'�
- hei-Riehems, Chair BOCC
•
Pitkin County
530 E Main Street
Aspen,CO 81611
-m ehazishex-€1s@co.pitkin.co.us
17. RIGHTS IN DATA,DOCCU�E
U , N• S AND�COIVIPUTER SOFTWARE
This section❑ shall® 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
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CSBG35 PITKIN COUNTY
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$100,000 or greater, either on the Effective Date
or at anytime thereafter,this§19 applies.
Grantee agrees to be governed, and to abide,by the provisions of CRS §24-102-205, §24-102-206, §24-103-601,
§24-103.5-101 and§24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion
of Grant performance information in a statewide 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 bidding on future Grants. Grantee may
contest the final Evaluation,Review and Rating by: (a)filing rebuttal statements,which may result in either
removal or correction of the evaluation(CRS §24-105-102(6)), or(b)under CRS §24-105-102(6),exercising the
debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202,which may result in the
reversal of the debarment and reinstatement of Grantee,by the Executive Director,upon a showing of good
cause.
20.RESTRICTION ON PUBLIC BENEFITS
This section® shall❑ 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
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CSBG35 PITKIN COUNTY
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 Subgrantees approved by Grantee or the State are
subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting
arrangements and performance.
B.Binding Effect
Except as otherwise provided in§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 GIA or the Federal Tort Claims Act,28 U.S.C.2671 et seq.,as
applicable,.as now or hereafter amended.
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. 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.
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.
J. 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
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CSBG35 PITKIN COUNTY
provided by Grantee,such conflicts or inconsistencies shall be resolved by reference to the documents in
the following order of priority:
i. Exhibit D Supplemental Provisions for Federal Funding Accountability and Transparency Act,
ii. Colorado Special Provisions,
iii.The provisions of the main body of this Grant,
iv.Exhibit A(Applicable Laws),
v. Exhibit B(Statement of Project),and
vi.Exhibit C(Budget).
K. 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
L. 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.
M. 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.
N. 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.
O.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.
P.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.
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CSBG35 PITKIN COUNTY
•
COLORADO SPECIAL PROVISIONS
The Special Provisions apply to all Grants except where noted in italics.
1. CONTROLLER'S APPROVAL.CRS§24-30-202(1).
This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
2. FUND AVAILABILITY. CRS§24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated,budgeted, and otherwise made available.
3. GOVERNMENTAL IMMUNITY.
No term or condition of this Grant shall be construed or interpreted as a waiver,express or implied,of any
• of the immunities,rights,benefits,protections,or other provisions,of the Colorado Governmental Immunity
Act, CRS §24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C. §§1,346(b)and 2671 et seq., as
applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR . Y
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,agreement, 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.
5. COMPLIANCE WITH LAW.
Grantee shall strictly comply with all applicable federal and State laws,rules,and regulations in effect or
hereafter established,including,without limitation, laws applicable to discrimination and unfair
employment practices.
6. CHOICE OF LAW.
Colorado law,and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution,and enforcement of this grant.Any provision included or incorporated herein by reference which
conflicts with said laws,rules,and regulations shall be null and void.Any provision incorporated herein by
reference which purports to negate this or any other Special Provision in whole or in part shall not be valid
or enforceable or available in any action at law,whether by way of complaint,defense, or otherwise.Any
provision rendered null and void by the operation of this provision shall not invalidate the remainder of this
Grant,to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra judicial body or person.Any
provision to the contrary in this Grant or incorporated herein by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this Grant shall not be used for the acquisition, operation,or
maintenance of computer software.in violation of federal copyright laws or applicable licensing restrictions.
Grantee hereby certifies and warrants that,during the term of this Grant and any extensions, Grantee has and
shall maintain in place appropriate systems and controls to prevent such improper use of public funds.If the
State determines that Grantee is in violation of this provision,the State may exercise any remedy available
at law or in equity or under this Grant,including,without limitation,immediate termination of this Grant
and any remedy consistent with federal copyright laws or applicable licensing restrictions.
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CSBG35 PITKIN COUNTY
9. EMPLOYEE FINANCIAL INTEREST.CRS§§24-18-201 and 24-50-507.
The signatories aver that to their knowledge,no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Grant.Grantee has no interest and shall 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.
10. VENDOR OFFSET.CRS§§24-30-202(1) and 24-30-202.4.
[Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4(3.5),the State Controller
may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for:
(a)unpaid child support debts or child support arrearages; (b)unpaid balances of tax,accrued interest, or
other charges specified in CRS §39-21-101,et seq.; (c)unpaid loans due to the Student Loan Division of the
Department of Higher Education;(d)amounts required to be paid to the Unemployment Compensation
Fund; and(e)other unpaid debts owing to the State as a result of final agency determination or judicial
action.
11. 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.
12. PUBLIC GRANTS WITH NATURAL PERSONS.CRS §24-76.5-101.
Grantee,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of
perjury that he or she(a)is a citizen or otherwise lawfully present in the United States pursuant to federal
law, (b)shall comply with the provisions of CRS §24-76.5-101 et seq.,and(c)has produced one form of
identification required by CRS §24-76.5-103 prior to the Effective Date of this Grant.
SPs Effective 1/1/09
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Page 17 of 18
CSBG35 PITKIN COUNTY
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
I *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
PTTHIN COUNTY STATE OF COLORADO
John W.Hicken :1 I er,GOVERNOR
By: M ICha--1 M M . O of I.l/ DEP• •T) ENT •F' OCAL AFFAIRS
Name of Authorized Individual?
Title: beet OhBy: i ..41111
Official Title of Authorized Individual Reeves Brown,Executive I irector
/NC#17/14 A .(ably
• *Signature Date:
Date:
PRE-AP ROVED FORM CONTRACT REVIEWER
B1.1 ,_eAt (-76:4'1,,,,c. L Ali')
Becky Calomino,Federal Grants Program Manager
Date: ty _ /a - :;ZC ' .;Z-
i
ALL GRANTS REQUIRE APPROVAL BY 1'HE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State grants.This Grant is not valid until signed and
dated below by the State Controller or delegate.Grantee is not authorized to begin performance until such ti
Grantee begins performing prior thereto, me.If
P g p ereto,the State of Colorado is not obligated to pay Grantee for such performance
or for any goods and/or services provided hereunder.
STATE CONTROLLER
David J.McDermott,CPA
By: AW . LAIC
arbara M.Casey,CPA,Controller Delegate 1
i
Date: 1----/-4-_,1?-""
Page 18 of 18
I
CSBG35 PITKIN COUNTY FORM 1
RESIDENCY DECLARATION
In order to be eligible to receive the assistance you seek, you, as an applicant must be lawfully within
the United States. Please read this Declaration carefully. Please feel free to consult with an
immigration lawyer or other expert of your choosing.
I, , swear or affirm under penalty of perjury that(check
one):
n I am a United States citizen, or
❑ I am a non-citizen national of the United States, or
. =
I have an immigration status that makes me a "qualified alien".
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I hereby agree to provide any documentation which may be require ji ursuant to Federal law,Interim
Guidelines published by the United States Department of Justice (62 FR 61344)or, if applicable,
Colorado laws and regulations, if the Colorado laws are not.mconsistent'with Federal law.
I acknowledge that making a false, fictitious, or fraudulent_statement or representation in this
Declaration is punishable under the criminal laws of Colorado as:perjury in the.second degree under
Colorado Revised Statues §18-8-503 and shall constitute a separate criminal offense each time a public
benefit is fraudulently received. 1 1,,i-,,
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Name(please print) . I i
Signature =
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Date 1
Page 1 of 1—Residency Declaration
CSBG35 PITKIN COUNTY FORM 2
OPTION LETTER, Number
To
GRANT AGREEMENT
Between –
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS — – -
And - T
cif
Insert Grantee's Full Legal Name_(Capitalized) _
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Summary
Form of Financial Assistance: Grant This Option`Letter Amount:
0 Loan
Re`ised Total Award Amount:
Agreement Identification:
Contract Encumbrance#: ,.-1_;.1...:::,-.:-,,_ r'
Contract Management System#: s primary contract identification#)
Original Grant's CMS#: — of Colorado's contract tracking#for this
option letter and for the original grant agreement)
Project Information: -
Project/Award Number: :,
Project Name: - —
Performance Penod: _Start Date:
End Date:
Brief Description of Change(s)in
this Option Letter:
Program&Funding Information-
Program Name __
Catalog of Federal Domestic Assistance(CFDA)Number(if federal funds):
Funding Account Codes:
Page 1 of 3—Option Letter
CSBG35 PITKIN COUNTY FORM 2
Date:
1) OPTIONS:
a.Option to accept Budget Proposal. (Use for all options)
b.Option to adjust Option Letter amounts to the Funding Level amount from the federal government and
encumber Grant Funds for a Program Year.
c. Option to increase Grant Funds for a Program Year to the Funding Level amount from the federal
government for such Program Year.
2) REQUIRED PROVISIONS.
a.For use with all Options: In accordance with Section 7(A) of the original grant agreement("Grant")
between the State of Colorado,Department of Local Affairs,and Contractor's Name,the State hereby
exercises its option to approve the attached Budget Proposal for Program Year No. from 3/1/
through 9/30/ ,which is attached hereto as Exhibit and incorporated by reference herein(the
"Budget Proposal").
b.For use with Option 1(b):In accordance with Section 7(A)of the Grant,the State hereby exercises its
option to❑increase,❑decrease the Option Letter amount of for Program ek o Llfrom
3/1/ through 9/30/ and to encumber such funds,which shall be Grant F maunder the Grant_
The table in Section 7(A)is hereby modified accordingly.
c. For use with Option 1(c):In accordance with Section 7(A) of the Grant,the State hereby exercises its
option to increase Grant Funds by for Program Year No from 3/1/ through
9/30/ for a new Grant Funds total of for such Program Year The table in Section 7(A)is
hereby modified accordingly.
d.For use with all Options:The aggregate maximum amount of Grant Funds u the-Grant is hereby❑
increased,❑decreased to a new Grant Funds value of$Insert New$Amt as consideration for Work
ordered under the Grant.The State's obligation is limited to--tfi.Outprid obligated Grant Funds amount
that has not expired. w,
,
3) Effective Date.The effective date of this Option Letter is_uuon approval of the State Controller or ,
whichever is later.
STATE OF COLORADO
John W.Hickenlooper,GOVERNOR _ - PRE APPROVED FORM CONTRACT REVIEWER
DEPARTMENT OF LOCAL AFFAIRS
—
By: By`
Reeves Brown,Executive Director Becky Calomino,Federal Grants Program Manager
Date: = Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires•the State Controller to approve all State grants.This Option Letter is not valid until signed
and dated below by the State Controller or delegate.Grantee is not authorized to begin performance until such time.
If Grantee begins performing prior thereto,the State of Colorado is not obligated to pay Grantee for such
performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
David J.McDermott,CPA
By:
Page 2,of 3–Option Letter
CSBG35 PITKIN COUNTY FORM 2 .
Barbara M.Casey,CPA,Controller Delegate
Date:
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CSBG35 PITKIN COUNTY
EXHIBIT A—APPLICABLE LAWS
Federal laws and regulations incorporated into this Grant include,without limitation:
1. Age Discrimination Act of 1975,42 U.S.C. Sections 6101,et seq.
2. Age Discrimination in Employment Act of 1967,29 U.S.C.621-634
3. Americans with Disabilities Act of 1990(ADA),42 U.S.C. 12101,et seq.
4. Equal Pay Act of 1963,29 U.S.C.206(d)
5. Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b
6. Section 504 of the Rehabilitation Act of 1973,29 U.S.C.794
7. Title VI of the Civil Rights Act of 1964,42 U.S.C.2000d
8. Title VII of the Civil Rights Act of 1964,42 U.S.C.2000e
9. Title IX of the Education Amendment of 1972,20 U.S.C. 1681,et seq.
10. Section 24-34-302,et seq.,Colorado Revised Statutes 1997,as amended
11. The applicable of the following:
11.1. Cost Principals for State,Local and Indian Tribal Governments,2 C.F.R.225,(OMB Circular A-87);
11.2. Cost Principals for Education Institutions,2 C.F.R.220,(OMB Circular A-21);
11.3. Cost Principals for Non-Profit Organizations,2 C.F.R.230,(OMB Circular A-122),and
11.4. Audits of States,Local Governments,and Non-Profit Organizations(OMB Circular A-133);and/or the
Colorado Local Government Audit Law,29-1-601,et seq,C.R.S.,and State implementing rules and
regulations.
12. Prohibition Against use of Federal Funds for Lobbying,31 U.S.C. 1352
13. Privacy Act of 1974,5 U.S.C.S 5529 and Regulations adopted thereunder
14. Drug Free Workplace Act
15. U.S.Department of Health&Human Services regulations:
15.1. Procedures of the Departmental Grant Appeals Board,45 CFR Part 16;
15.2. Claims Collection,45 CFR Part 30;
15.3. Debarment and Suspension from Eligibility for Financial Assistance(Nonprocurement),45 CFR Part 76;
No organization may participate in this project in any capacity or be a recipient of Federal funds designated
for this project if the organization has been debarred or suspended or otherwide found to be ineligible for
participation in Federal assistance programs.CSBG Recipient Agencies,prior to subawards or contracts under
this Grant,must consult the ineligible parties list to ensure that organizations under funding consideration are
not ineligible. The list is available on the Web at http://www.epls.gov.
15.4. Public Law, 103-333 Section 507-Buy American-To the greatest extent practicable,all equipment and
products purchased with funds made available in the Grant should be American-made.
15.5. Public Law, 103-333 Section 508-Request for Proposal(RFP)and Bid Solicitations-When issuing statements,
press releases,requests for proposals,bid solicitations and other documents describing projects or programs
funded in whole or part with Federal money,shall clearly state(1)the percentage of the total costs of the
program or project which will be financed with Federal money,(2)the dollar amount of the Federal funds for
the project or program,and(3)the percentage and dollar amount of the total cost of the project or program
that will be financed by nongovernmental sources,
15.6. Nondiscrimination Under Programs Receiving Federal Assistance through the Department of Health and
Human Services,Effectuation of Title VI of the Civil Rights Act of 1964,45 CFR Part 80;
15.7. Practice and Procedure for Hearings Under Part 80 of this Title,45 CFR Part 81;
15.8. Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial
Assistance,45 CFR Part 84;
15.9. Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving or Benefiting from
Federal Financial Assistance,45 CFR Part 86;
15.10. Equal Treatment for Faith-Based Organizations,45 CFR Part 87;
15.11. Nondiscrimination on the Basis of Age in HHS Programs or Activities Receiving Federal Financial
Assistance,45 CFR Part 91;
15.12. New Restrictions on Lobbying,45 CFR Part 93;
15.13. Block Grants,45 CFR Part 96;
15.14. Consolidation of Grants to the Insular Areas,45 CFR Part 97;
15.15. Intergovernmental Review of Department of Health and Human Services Programs and Activities,45 CFR
Part 100.
15.16. Uniform administrative requirements for grants and cooperative agreements to State,local,and tribal
governments,45 CFR Part 92.
16. Community Services Act,Public Law 105-285,Title II,and 42 U.S.C.9901-9923
Page 1 of 2—Exhibit A—Applicable Laws
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CSBG35 PITKIN COUNTY
17. Certification required by 29 CFR Part 98,"Government Debarment and Suspension"
18. Environmental Tobacco Smoke Certification,also known as the Pro-Children Act of 1994,Public Law 103-227.
19. (Part of CSBG Act)Programs and activities under this Act are considered to be programs receiving federal financial
assistance and are subject to all provision of EEO,except for those Grantees who are under Section 679 of the CSBG
Act,religious organization's exempt from Section 702 of the Civil rights Act of 1964(42 U.S. C. 2003-1)regarding •
employment practices
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 2 of 2—Exhibit A—Applicable Laws
CSBG35 PITKIN COUNTY
EXHIBIT B—STATEMENT OF PROJECT(SOP)
Community Services Block Grant
to grant agreement("Grant")between Department of Local Affairs ("DOLA")for the benefit of the Division of
Local Government and PITKIN COUNTY("Grantee")regarding Community Services Block Grant("CSBG")
All terms not defined in this Exhibit B shall have the meaning given in the main body of the Grant.
1. PROJECT DESCRIPTION
Assistance or services to be provided under this Grant shall meet the Nutrition Federal
Objective.The assistance or services provided by Grantee or subgrantees as detailed below:
1.1 Grantee. Grantee shall subaward Grant Funds to carry out service delivery.
1.2 Aspen Homeless Shelter.This subgrantee shall receive a subaward from Grantee to provide services
and activities that address the Nutrition Federal Objective by providing emergency food assistance.
Eligible expenses are:purchase of commercially prepared dinner meals.
1.3 Service Area.The performance of the Services described within this Grant shall be located in Pitkin
County.
2. DEFINITION
2.1 CSBG Recipient Agency.Is any Colorado agency which receives CSBG funding from the State or
from an Eligible Entity.
2.2 Eligible Entity.Is a Governor designated,non-profit or public agency or a community action agency
that receives Grant Funds from the State.
2.3 Income Eligible.Refers to the the total household income which has been determined to be at or
below 125%of the most current Department of Health and.Human Services issued poverty guideline.
2.4 Household.Is any individual or group of individuals who are living together in a dwelling unit as one
economic unit.
2.5 Subgrantee.A recipient is considered a Subgrantee and is subject to OMB A-133 if it meets the
following conditions:
2.5.1 Determines who is eligible to receive Federal fmancial assistance;
2.5.2 Has its performance measured against whether the objectives of the Federal program are met;
2.5.3 Has responsibility for programmatic decision making;
2.5.4 Has responsibility for adherence to applicable Federal program compliance requirements; and
2.5.5 Uses the Federal funds to carry out a program of the organziation as compared to providing
goods or services for a program of the pass-through entity.
2.6 Tripartite Board. Section 676B of the Community Services Block Grant Reauthorization Act of 1998
(the"CSBG Act"),requires that,as a condition of designation,private nonprofit entities and public
organizations administer their CSBG program through a tripartite board that fully participates in the
development,planning,implementation,and evaluation of the program to serve low-income
communities.
3. PERSONNEL
Page 1 of 4—Exhibit B—Statement of Project
CSBG35 PITKIN COUNTY
3.1 Replacement. Grantee shall immediately notify DOLA if any key personnel specified in§3 cease to
serve.Provided there is a good-faith reason for the change,if Grantee wishes to replace its key
personnel, it shall notify DOLA and seek its approval,which shall be at the DOLA's sole discretion,
as the State issued this Grant in part reliance on Grantee's representations regarding key personnel.
Such notice shall specify why the change is necessary,who the proposed replacement is,what their
qualifications are,and when the change will take effect.Anytime key personnel cease to serve,the
State,in its sole discretion,may direct Grantee to suspend work on the Project until such time as their
replacements are approved.All notices sent under this subsection shall be sent in accordance with§16
of the Grant.
3.2 Responsible Administrator.Grantee's performance hereunder shall be under the direct supervision
of Nan Sundeen, an employee or agent of Grantee,who is hereby designated as the responsible
administrator of this Project.
3.3 Other Key Personnel.Mitzi Legingham,Program Manager.
4. FUNDING
4.1 Match.Matching funds are not required for this Grant.
4.2 Budget Flexability.Eligible Entity may adjust individual budgeted expenditure amounts without
approval of the State;provided that:
4.2.1 There is no increase to the indirect operating and personnel costs line; and
4.2.2 The cumulative budgetary line item changes do not exceed fifteen percent(15%)of the total
budgeted amount of the line item.
All other budgetary modifications shall require the State's approval in accordance with the
Modification subsection of the General Provisions of the Grant.
5. PAYMENT
i
5.1 Payment Schedule.Grantee shall submit a request for reimbursementfor grantee and all sub-grantees,
at a minimum, on a monthly basis. All requests shall be for eligible expenses, as described in detail in
§1,Project Description, and in accordance with Exhibit C,Project Budget,using the State-provided
form and accompanied by supporting documentation equal to 100%of reimbursement request.
5.2 Remittance Address.If mailed,payments shall be remitted to the following address unless changed
in accordance with§16 of the Grant:
Pitkin County
0405 Castle Creek Road, Suite 7
Aspen,CO 81611
6. ADMINISTRATIVE REQUIREMENTS
6.1 Accounting.CSBG Recipient Agencies shall maintain properly segregated accounts of Grant Funds
and other funds associated with the Project and make those records available to the State upon request.
All receipts and expenditures associated with the Project shall be documented in a detailed and
specific manner,in accordance with the Project Description and Budget.
6.2 Audit Report. CSBG Recipient Agencies are required to submit to DOLA any audit performed for
any fiscal year covering a portion of the term of this Grant or any other grants/contracts with DOLA.
Such audits include but not limited to financial statement audit, single audit,program specific audit,
and performance audit.A single audit or program specific audit in accordance with the Office of
Management and Budget's(OMB) Circular A-133 is required when non-Federal entities expend
$500,000 or more in Federal awards in the entity's fiscal year. CSBG Recipient Agencies shall insure
Page 2 of 4—Exhibit B—Statement of Project
CSBG35 PITKIN COUNTY
that audits required are performed and submitted to DOLA within 6 months of Recipient Agency's
fiscal year-end. The final audit report shall be sent to dola.audit @state.co.us, or:
Department of Local Affairs
Accounting&Financial Services
1313 Sherman Street,Room 323
Denver, CO 80203
6.3 Applicant/Participant Privacy.CSBG Recipient Agencies must establish internal policies to protect
the privacy of applicants and participants. Paper records must be secured and access to records limited
to appropriate staff. Electronic records must also be protected with access limited to appropriate staff.
6.4 Fraud.The U.S.Government Accountability Office(GAO)maintains FraudNet,a system for
reporting allegations of fraud,waste and abuse under Federal grants and cooperative agreements. To
report the possible misuse of Federal funds,the e-mail address is fraudnet @gao.gov,the fax number is
202-512-3086 and the mailing address is GAO,FraudNet,441 G Street N.W.,Washington,D.C.
20548.
6.5 Grant Modification.Any changes during the term of this Grant may require a public hearing and
submission of a new application and plan.Any modifications of this Grant shall be in accordance with
§§7(A) and 21(A)Modification of the Grant.
6.6 Income Eligibility Procedures.CSBG Recipient Agencies are required to conduct eligibility
screening as part of their client intake process. Grantee must implement written policies and
procedures for each CSBG program they administer to insure that CSBG funds are only used to
support individuals and families that meet the income eligibility requirement which has been
determined to be at or below 125%the of Federal Poverty Guideline. Annual recertification must be
performed if CSBG assistance is on-going in accordance with DOLA policy.
In determining household income, self declaration of income shall be used only as a method of last
resort except in the case of shelter residents,emergency food bank users and participants provided
limited services such as one-time bus tokens. If the self-declaration method is used,notation must be
on file stating the reason(s)why other verification methods could not be used. The signature of the
applicant/participant and identification of the intake worker must appear on the self-declaration
statement.
6.7 Poverty Guidelines. CSBG Recipient Agencies shall use the most current"Federal Poverty
Guideline"issued each year by the Department of Health and Human Services to establish financial
eligibility.
6.8 Records.CSBG Recipient Agencies shall maintain records in accordance with§9 of the Grant.
6.9 Results Oriented Management Accountability(ROMA).Implementation of the ROMA-approach
to program management is required of all CSBG Recipient Agencies.
6.10 Reporting.Grantees shall submit the following reports,and any other reports requested to DOLA
using the State-provided reporting forms.
Report Period Report Type .Due Date
March 1—May 31 Quarterly Financial&Progress June 30
June 1—August 31 Quarterly Financial&Progress September 30
September 1—November 30 Quarterly Financial&Progress December 31
December 1—February 28 Quarterly Financial&Progress March 31
March 1—February 28 Final(IS)Report,D,E,F,G and NPI's:2.3,3.1,3.2,4.1, March 31
5.1 and 6.2
6.11 Unexpended Balance.Grantee shall inform DOLA no later than 30 days prior to the termination date
of the status of the Grant budget and any potential unexpended balance.
Page 3 of 4—Exhibit B—Statement of Project
CSBG35 PITKIN COUNTY
6.12 Monitoring.The State shall monitor this Grant through review of submitted reports, sub-awards, and
other documents as necessary or may also conduct on-site monitoring of the Grantee and/or
Subgrantee,if applicable,to determine whether performance goals,administrative standards,financial
management and other requirements of the CSBG Act and this Grant have been met.
6.13 Subgrantee Monitoring. Grantee shall monitor Subgrantee(s),at least once during the term of this
Grant. Documentation of monitoring results must be forwarded to DOLA within 60 days of the
monitoring review.
6.14 Mandatory Training Attendance.Grantee attendance at webinars and trainings conducted by DOLA
to enhance the administration of the CSBG program is required. Grantee will be notified of all such
training at least 30 days in advance.
6.15 Tripartite Board.Grantee is required to have a governing board or in the case of a public entity, an
advisory board. To receive CSBG funds,eligible entities must comply with Federal and State
requirements pertaining to board composition and operation.
6.15.1 Grantee's tripartite board shall meet a minimum of twice annually within the CSBG program
year. Formal board minutes of each meeting shall be taken and provided to DOLA with the
applicable quarterly performance report.
6.15.2 Tripartite boards serving more than one county must have board composition that ensures
adequate representation of all counties served.
6.15.3 Grantee shall establish written procedures under which low income individuals, community
organizations,religious organizations,or representatives of low income individuals may
petition the agency for representation on the tripartite board.
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Page 4 of 4—Exhibit B—Statement of Project
CSBG35 PITKIN COUNTY
EXIiIBIT C—Project Budget
to grant agreement("Grant")between Department of Local Affairs ("DOLA")for the benefit of the Division of
Local Government and PITKIN COUNTY("Grantee")regarding Community Services Block Grant
("CSBG")
All terms not defined in this Exhibit C shall have the meaning given in the main body of the Grant.
Pursuant to Section 7(A)of the Grant,the maximum amount payable under this Grant to Grantee by the State
for Work performed is limited solely to the amount specified in Section 7(A)as Grant Funds;however,the
Parties acknowledge that Grant Funds for a Program Year which remain unexpended will expire at the end of
such Program Year and no longer be available.While the State's obligation is limited to the unpaid obligated
Grant Funds amount that has not expired,the Grantee may use such Grant Funds for any of the Services
specified in this Project Budget up to the maximum amount specified for such activity on this Project Budget.
1. Yearl
Budget Category`. Amount
Direct Operating and Personnel Costs $12,079.00
Indirect Operating and Personnel Costs
Subgrantee Costs
TOTAL
Page 1 of 1—Exhibit C—Project Budget
CSBG35 PITKIN COUNTY
EXHIBIT D—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
As of 10-15-10
The contract,grant,or purchase order to which these Supplemental Provisions are attached has been funded,in whole or in
part,with an Award of Federal funds.In the event of a conflict between the provisions of these Supplemental Provisions,
the Special Provisions,the contract or any attachments or exhibits incorporated into and made a part of the contract,the
provisions of these Supplemental Provisions shall control.
1.Definitions.For the purposes of these Supplemental Provisions,the following terms shall have the meanings ascribed to
them below.
1.1."Award"means an award of Federal financial assistance that a non-Federal Entity receives or
administers in the form of:
1.1.1.Grants;
1.1.2.Contracts;
1.1.3.Cooperative agreements,which do not include cooperative research and development agreements(CRDA)
pursuant to the Federal Technology Transfer Act of 1986,as amended(15 U.S.C.3710);
1.1.4.Loans;
1.1.5.Loan Guarantees;
1.1.6.Subsidies;
1.1.7.Insurance;
1.1.8.Food commodities;
1.1.9.Direct appropriations;
1.1.10.Assessed and voluntary contributions;and
1.1.11.Other financial assistance transactions that authorize the expenditure of Federal funds by non-Federal
Entities.
Award does not include:
1.1.12.Technical assistance,which provides services in lieu of money;
1.1.13.A transfer of title to Federally-owned property provided in lieu of money;even if the award is called a
grant;
1.1.14.Any award classified for security purposes;or
1.1.15.Any award funded in whole or in part with Recovery funds,as defined in section 1512 of the American
Recovery and Reinvestment Act(ARRA)of 2009(Public Law 111-5).
1.2."Central Contractor Registration(CCR)"means the Federal repository into which an Entity must enter tY r the
information required under the Transparency p ency Act,which may be found at http://www.bpn.gov/ccr.
1.3."Contract"means the contract to which these Supplemental Provisions are attached and includes all Award types
in§1.1.1 through 1.1.11 above.
1.4."Contractor"means the party or parties to a Contract funded,in whole or in part,with Federal financial
assistance,other than the Prime Recipient,and includes grantees,subgrantees,Subrecipients,and borrowers.For
purposes of Transparency Act reporting,Contractor does not include Vendors.
1.5."Data Universal Numbering System(DUNS)Number"means the nine digit number established and assigned
by Dun and Bradstreet,Inc.to uniquely identify a business entity.Dun and Bradstreet's website may be found at:
http://fedgov.dnb.com/webform.
1.6."Entity"means all of the following as defined at 2 CFR part 25,subpart C;
1.6.1.A governmental organization,which is a State,local government,or Indian Tribe;
1.6.2.A foreign public entity;
1.6.3.A domestic or foreign non-profit organization;
1.6.4.A domestic or foreign for-profit organization;and
1.6.5.A Federal agency,but only a Subrecipient under an Award or Sub award to a non-Federal entity.
1.7."Executive"means an officer,managing partner or any other employee in a management position.
Page 1 of 4—Exhibit D—Supplemental Provisions for FFATA
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CSBG35 PITKIN COUNTY
1.8."Federal Award Identification Number(FAIN)"means an Award number assigned by a Federal agency to a
Prime Recipient.
1.9."FFATA"means the Federal Funding Accountability and Transparency Act of 2006(Public Law 109-282),as
amended by§6202 of Public Law 110-252.FFATA,as amended,also is referred to as the"Transparency Act."
1.10."Prime Recipient"means a Colorado State agency or institution of higher education that receives an Award.
1.11."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.
1.12."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.
1.13."Subrecipient Parent DUNS Number"means the subrecipient parent organization's 9-digit Data Universal
Numbering System(DUNS)number that appears in the subrecipient's Central Contractor Registration(CCR)profile,
if applicable.
1.14."Supplemental Provisions"means these Supplemental Provisions for Federally Funded Contracts,Grants,and
Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006,As Amended,as may be
revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher
education.
1.15."Total Compensation"means the cash and noncash dollar value earned by an Executive during the Prime
Recipient's or 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.
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.Central Contractor Registration(CCR)and Data Universal Numbering System(DUNS)Requirements.
3.1.CCR.Contractor shall maintain the currency of its information in the CCR until the Contractor submits the final
financial report required under the Award or receives final payment,whichever is later.Contractor shall review and
update the CCR information at least annually after the initial registration,and more frequently if required by changes in
its information.
3.2.DUNS.Contractor shall provide its DUNS number to its Prime Recipient,and shall update Contractor's
information in Dun&Bradstreet,Inc.at least annually after the initial registration,and more frequently if required by
changes in Contractor's information.
4.Total Compensation.Contractor shall include Total Compensation in CCR for each of its five most highly compensated
Executives for the preceding fiscal year if:
4.1.The total Federal funding authorized to date under the Award is$25,000 or more;and
4.2.In the preceding fiscal year,Contractor received:
4.2.1.80%or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or
Federal financial assistance Awards or Subawards subject to the Transparency Act;and
Page 2 of 4—Exhibit D—Supplemental Provisions for FFATA
CSBG35 PITKIN COUNTY
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 CCR 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.gov/dpa/dfp/sco/FFATA.htm.
6.Effective Date and Dollar Threshold for Reporting.The effective date of these supplemental provisions apply to new
Awards as of October 1,2010.Reporting requirements in§7 below apply to new Awards as pf October 1,2010,if the
initial award is$25,000 or more. If the initial Award is below$25,000 but subsequent Award modifications result in a total
Award of$25,000 or more,the Award is 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 CCR.A Subrecipient shall register in CCR and report the following data elements in CCR for each Federal
Award Identification Number no later than the end of the month following the month in which the 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 CCR.
7.2.2 Primary Place of Performance Information,including: Street Address,City,State,Country,Zip code+4,and
Congressional District.
8.Exemptions.
8.1.These Supplemental Provisions do not apply to an individual who receives an Award as a natural person,unrelated
to any business or non-profit organization he or she may own or operate in his orher 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.
See next page for FFATA Data Report form.
Page 3 of 4—Exhibit D—Supplemental Provisions for FFATA
CSBG35 PITKIN COUNTY
Federal Funding Accountability and Transparency Act(FFATA)
Data Report Form
Reporting is required for initial awards of$25,000 or more or award modifications that result in a total
award of$25,000 or more.
Information Field Response
Definitions can be founds in Exhibit C
1. Agency or Jurisdiction DUNS Number: ® G 7 U
2. Subrecipient Name Receiving Award: ikl d
3. Subrecipient Parent DUNS Number: �, /�
(Report if different from subrecipient number) /
4. Location of Entity Receiving Award:
(Full street address) P1 rk/ covivrx
6405- CA-s cra /2.1).
A 5. Primary Location of Performance of the Award: a l�efv `�� 1 r
(City,State and Congressional District)
/ - 3
/1-3 Pr-) COL-D
Answer True or False
6. In the preceding fiscal year,Contractor received:
a. $25,000,000 or more in annual gross revenues from
federal procurement contracts/subcontracts and/or LS L
federal fmancial assistance awards or subawards
subject to the Transparency Act.
b. 80%or more of its annual gross revenues from
federal procurement contracts/subcontracts and/orS
federal financial assistance awards or subawards
subject to the Transparency Act.
c. The public does not have access to information about
the compensation of its five most highly compensated E
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 signin:below,I certify the information contained in this report is complete and accurate to the best of my knowledge.
7" ,5. l2
A
Signature of R: •• ible Admi y's ator Date
Page 4 of 4—Exhibit D—Supplemental Provisions for FFATA