HomeMy WebLinkAboutbocc.res.005.2018 CONTRACT
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
("BOCC")OF PITKIN COUNTY,COLORADO AUTHORIZING
THE COUNTY MANAGER'S OFFICE TO SUBMIT A GRANT
APPLICATION TO THE DEPARTMENT OF LOCAL AFFAIRS'
ENERGY AND MINERAL IMPACT ASSISTANCE FUND,AND IF
APPROVED,TO ACCEPT THE GRANT FOR THE A BEST AND
BRIGHTEST INTERN FOR 2018 AND 2019
RESOLUTION NO. �oJ , 2018
RECITALS:
I. Pursuant to Section 2.8 3 (Actions)of the Pitkin County Home Rule Charter
("HRC")official action by formal resolution shall be required for all actions of the
Board not requiring ordinance power on matters of significant importance affecting
citizens.
2. The State of Colorado's Department of Local Affairs administers the Best and
Brightest Internship Program and provides a cost-effective way to help support the
increasing administrative needs of small, rural local governments in Colorado
Additionally, the program provides graduate students the opportunity to gain
valuable working experience while completing their degree.
3. Pitkin County is requesting funding support from the Department of Local Affairs'
Energy and Mineral Impact Assistance Fund to help fund a Best and Brightest Intern
for approximately 24 months
4. If approved by the State of Colorado. Pitkin County wishes to enter into a contract
with the Department of Local Affairs to employ a Best and Brightest Intern for 2018
and 2019 for the purpose of providing coordination and research and analysis
projects to support the County's strategic initiatives
5. Grant funds will pay approximately 50",0 of the salary and benefit costs of the
Intern,to a maximum of$22,000 per year plus an additional $1,000 for
memberships and conferences. Pitkin County will cover remaining costs for each of
the two years. The Best and Brightest Intern position was approved by the Board of
County Commissioners upon adoption of the 2018 Budget
6 The BOCC finds applying for this grant and acceptance of such grant, if awarded by
the Department of Local Affairs Energy and Mineral Impact Assistance Program, is
in the best interests of the citizens of Pitkin County to approve this Resolution.
NOW, TIIEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts a resolution authorizing the County
Manager's Office to submit a grant application to the Department of Local Affairs Energy
and Mineral Impact Assistance Program, and if approved, to accept the grant for a Best and
Brightest Intern for 2018 and 2019 and authorizes the Chair to sign the Resolution and upon
the satisfaction of the County Attorney as to form,execute any other associated documents
necessary to complete this matter
du
INTRODUCED AND FIRST READ ON THE /t DAY OF I Q V , 2018
AND ET FOR SECOND READING AND PUBLIC HEARING ON THE ii IF DAY
OF r VQV 2018.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESO UTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE //Mc' DAY
OF •. v . 2018
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIA PITKIN COUNTY WEBSITE (wccw pitkincounty corn )
ON THE t4. DAY OF LV 2018.
ADOPTED FTER FINAL READING AND PUBLIC HEARING ON THE -4
DAY OF U&V c 2018
PUBLISHED BY TITLE AND SHORT SUMMARY. • ER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE /Al DAY OF i A • r 1 2018
1
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFI • L PITKIN COUNTY
WEBSITE (www pnkmcounty.com ) ON THE . , "LDAY OF ^.A OCvV 2018.
AT T: BOARD OF COUNTY COMMISSIONERS
•
l � � Q �
BY' . r Ir: Ate 1'Y By �a' d
- Ci -`P
actte Jones Patti Clapper, Chair
D.v my County Clerk
Date 01-ao
APPROVED AS TO FORM MANAGER APPROVAL
J.• y Attorney Jon ' coc county Manager
Effective 01-02-2018
This repeals all previous versions of this templatepreviously posted to PON
.µµ CONTRACT
SUMMARY OF GRANT AWARD TERMS AND CONDITLONC /2-6- 6/5'
State Agency Encumbrance Number Contract Number
Department of Local Affairs FISS8686 108338
Grantee Grant Award Amount
PITKW COUNTY 846,000.00
Project Number and Name Performance Start Date Gnat Expiration Date
EIAF 8686-Pitkin County Best&Brightest Intern 2018-2019 The later of the Effective 06/3020
Date or 03/06/18
Project Description Program Name
The Project consists of financing a portion of the salary and Energy&Mineral Impact Assistance Fund(EIAF)
benefits costs associated with the employment of an Local Government Severance Tax Fund(5EV)
administrative intens for Pitkin County(Grantee). Funding Source
STATE FUNDS
Catalog of Federal Domestic Assistance(CFDA)Number
N/A
DOLA Regional Manager Funding Account Codes
Greg Whittier,(970)6686160,(greg.winkkrpstale.co.n) Identify any funding breakouts,if needed
DOLA Regional Assistant
Denise Lindon,(303)273-1712,(denise.lindom(alstate.co.us)
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
STATE OF COLORADO In accordance with§24-30-202 C.R.S.,this Grant is not valid
John W.Hkkenlooper,Governor until signed and dated below by the State Controller or an
DEPARTMENT OF LOCAL AFFAIRS authorized delegate.
Iry Ha Executive Director
STATE CONTROLLER
()it\ Robert Jammss�CPA,MBA,JD
By:Iry Halter,Executive Director
By:YingtxChat,Controller Delegate
6 f Deportment of Local Affairs
Date:
Date: '3 /244 (g
OAF 1616-Pid County Ben R Ari taco Yana 20142019
TERMS AND CONDITIONS
I. GRANT
As of the Performance Start Date, the State Agency shown on the Summary of Grant Award
Terms and Conditions page of this Gram Award Letter(the"State")hereby obligates and awards
to Grantee shown on the Summary of Grant Award Terms and Conditions page of this Grant
Award Letter(the"Grantee')an award of Grant Funds in the amount shown on the Summary of
Grant Award Terms and Conditions page of this Grana Award Leper. By accepting the Grant
Funds provided wxler this Grant Award Lena. Grantee agrees to comply with the terns and
conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this
Grant Award Lerner.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances wider this Grant Award Letter shall commence on the
Performance Stan Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the tents of this Grant Award Letter.
Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant
Award Letter by providing Grantee with an updated Grant Award Letter showing the new
Grant Expiration Date or by providing Grantee with an Option Letter in form substantially
equivalent to Exhibit C.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor,General Assembly,or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, Federal or other funds
used for this Grant Award Letter are not appropriated,or otherwise become unavailable to
fund this Grant Award Letter, the State, in its discretion, may terminate this Grant Award
Letter in whole or in pan by providing written notice to Grantee.if the State terminates this
Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to
the percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed,as determined by the State,
less payments previously made. Additionally, the State, in its discretion, may reimburse
Grantee for a portion of actual,out-of-pocket expenses not otherwise reimbursed under this
Grant Award Letter that are incurred by Grantee and are directly attributable to the
uncompleted portion of Grantee's obligations, provided that the sum of' any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder- This
subsection shall not apply to a termination of this Grant Award Letter by the State for
breach by Grantee.
C. Reserved.
3. AUTHORITY
Authority to enter into this Grant Award Letter exists in the law as follows:
A, Reserved.
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B. State Authority
This Grant Award Letter is funded, in whole or in part, with State funds made available
pursuant to§39-29-110 C.R.S.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget"means the budget for the Work described in Exhibit B.
B. Reserved.
C. "Call" means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including,without limitation,all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau
of Investigation,Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under§2472-302 C.R.S.
D. "CORA"means the Colorado Open Records Act,§§24-72-200.1 et. seq.,C.R.S.
E. "Exhibits"means the following exhibits attached to this Grant Award Letter:
i. Exhibit B,Scope of Project
ii. Exhibit G,Form of Option Letter
F. "Extension Term" means the period of time by which the Grant Expiration Date is
extended by the State through delivery of an updated Grant Award Letter
G. Reserved.
H. Reserved.
I. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired,
produced,or delivered by Grantee in connection with the Services.
J. "Grant Award Letter"means this letter which offers Grant Funds to Grantee,including all
attached Exhibits,all documents incorporated by reference,all referenced statutes,rules and
cited authorities,and any future updates thereto.
K. "Grant Expiration Date" means the Grant Expiration Date shown on the Summary of
Grant Award Terms and Conditions page of this Grant Award Letter. Work performed
after the Grant Expiration Date is not eligible for reimbursement from Grant Funds.
L. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
M. "Incident" means any accidental or deliberate event that results in or constitutes an
imminent threat of the unauthorized access or disclosure of State Confidential Information
or of the unauthorized modification,disruption,or destruction of any State Records.
N. "Initial Term" means the time period between the Performance Start Date and the initial
Grant Expiration Date.
0. Reserved.
P. "Party"means the State or Grantee,and"Parties"means both the State and Grantee.
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Q. "Performance Start Date"means the later of the Performance Start Date or the Execution
Date shown on the Sununary of Grant Award Terms and Conditions page of this Grant
Award Letter.
R "PCI" means payment card information including any data related to credit cud holders'
names, credit card numbers, or the other credit card information as may be protected by
state or federal law.
S. "PHI" mans any protected health information, including, without limitation any
information whether oral or recorded in any form or medium: (I) that relates to the past,
present or future physical or mental condition of an individual; the provision of heahh care
to an individual;or the past,present or future payment for the provision of health cam to an
individual; and (Ii) that identifies the individual or with respect to which there is a
reasonable basis to believe the information can be used to identify the individual. PHI
includes, but is not limited to, any information defined as Individually Identifiable Health
Information by the federal Health Insurance Portability and Accountability Act.
T. "PIE' means personally identifiable information including, without limitation, any
information maintained by the Stale about an individual that can be used to distinguish or
trace an individual's identity,such as name, social security number,date and place of birth,
mothers maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. P11 includes, but is not limited to, all information defined as personally
identifiable information in§24-72-501 C.R.S.
U. "Project"means the overall project described in Exhibit B,which includes the Work,
V. Reserved.
W. "Services" means the services performed by Grantee as set forth in this Grant Award
Letter,and shall include any services rendered by Grantee in connection with the Goods.
X. "State Confidential Information" means any and all State Records not subject to
disclosure under CORA. State Confidential Information shall include, but is not limited to,
PHI,PII,CH,and State personnel records not subject to disclosure under CORA.
Y. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13Xa)C.R.S.
Z. "State Fiscal Year" means a 12 month period beginning on July I of each calendar year
and ending on lune 30 of the following calendar year. If a single calendar year follows the
term,then it means the State Fiscal Year ending in that calendar year.
AA. "State Records" means any and all State data, infomhalion, and records, regardless of
physical form, including,but not limited to,information subject to disclosure under CORA.
BB. Reserved.
CC. "Subcontractor" means third-parties, if any, engaged by Grantee to aid in performance of
the Work.'Subcontractor"also includes sub-grantees.
DI). Reserved.
EE. "Tax Information" means Federal and State of Colorado tax information including,
without limitation, Federal and State tax returns, return information, and such other tax-
related information as may be protected by Federal and State law and regulation. Tax
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EIAF 8686-Pain County Best&Brightest tnwn 20142019
Information includes, but is not limited to all information defined as Federal Tax
Information in Internal Revenue Service Publication 1075.
FF. Reserved.
GG. "Work"means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
HH. "Work Product" means the tangible and intangible results of the Work, whether finished
or unfinished, including drafts. Work Product includes, but is not limited to, documents,
text, software (including source code), research, reports, proposals, specifications, plans,
notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models,
surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work.
"Work Product"does not include any material that was developed prior to the Performance
Start Date that is used,without modification,in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed
and interpreted as defined in that Exhibit
5. PURPOSE
The Cathy Shipley Best and Brightest Intern program, a partnership with statewide universities
through their Masters in Political Science and Public Administration programs,provides financial
assistance to designated local governments for a portion of salary and fringe benefit costs to
support an intern position for a period of up to two years with the local government The purpose
of this Grant is described in Exhibit B.
6. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit B.The State shall have no liability to compensate or reimburse Grantee
for the delivery of any goods or the performance of any services that are not specifically set forth
in this Grant Award Letter.
7. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Award
Amount shown on the Summary of Grant Award Terms and Conditions page of this Grant
Award Letter. Financial obligations of the State payable after the current State Fiscal Year
are contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
B. Erroneous Payments
The State may recover, at the State's 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. The State may recover such payments by deduction
from subsequent payments under this Grant Award Letter,deduction from any payment due
under any other contracts, grants or agreements between the State and Grantee, or by any
other appropriate method for collecting debts owed to the State.
C. Reserved.
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D. Reimbursement of Grantee Costs
The State shall reimburse Grantee's allowable costs, not exceeding the maximum total
amount described in §7.A of this Grant Award Letter for all allowable costs described in
this Com Award Letter and shown in the Project Costs in Exhibit 8.
E. Close-Out
Grantee shall close out this Grant no later than 90 days after the Grant Expiration Dare.To
complete dose out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Grant Award Letter and Grantee's final reimbursement
request or invoice.
8. REPORTING—NOTIFICATION
A. Reserved.
B. Violations Reporting
Grantee shall disclose,in a timely manner,in writing to the State,all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting this
Award.
9. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make,keep,and maintain,all records,documents,communications, notes and
other written materials, electronic media files, and communications, pertaining in any
manner to this Grant for a period of three years following the completion of the close out of
this Grant. Grantee shall permit the Stale to audit, inspect, examine, excerpt, copy and
transcribe all such records during normal business hours at Grantee's office or place of
business,unless the State determines that an audit or inspection is required without notice at
a different time to protect the interests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Grant Award
Letter using procedures as determined by the State. The State shall monitor Grantee's
performance in a manner that does not unduly interfere with Grantee's performance of the
Work.
C. Audits
Grantee shall comply with all State and federal audit requirements.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain,and cause all Subcontractors to hold and maintain,any and
all State Records that the Slate provides or makes available to Grantee for the sole and
exclusive benefit of the State,unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee's own benefit, publish,
copy, or otherwise disclose to any third party, or permit the use by any third party for its
benefit or to the detriment of the State,any Stale Records,except as otherwise stated in this
Grant Award Letter. Grantee shall provide for the security of all State Confidential
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Information in accordance with all policies promulgated by the Colorado Office of
Information Security (htb/loit.state.co.us/ois) and all applicable laws, rules, policies,
publications,and guidelines including, without limitation:(I)the most recently promulgated
IRS Publication 1075 for all Tax Information, (u) the most recently updated PCI Data
Security Standard from the PCI Security Standards Council for all PCI, (id) the most
recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation,
Criminal Justice Information Services Security Policy for all CJI, and (iv) the federal
Health In u e Portability and Accountability Act for all PHI. Grants shall immediately
forward any request or demand for State Records to the State's principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents,employees,assigns and Subcontractors as
necessary to perform the Work,but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Grant Award Letter. Grantee shall ensure all such agents,employees,
assigns, and Subcontractors sign nondisclosure agreements with provisions at least as
protective as those in this Grant, and that the nondisclosure agreements are in force at all
times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use,Security,and Retention
Grantee shall use,hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and
shall maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the Slate with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring
access and use of Sate Confidential Information and evaluating security control
effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State
Records provided to Grantee or destroy such State Records and certify to the State that it
has done so, as directed by the State. If Grantee is prevented by law or regulation from
returning or destroying State Confidential Information, Grantee warrants it will guarantee
the confidentiality of,and cease to use,such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and
cooperate with the State regarding recovery, remediation, and the necessity to involve law
enforcement, as determined by the State. After an Incident, Grantee shall take steps to
reduce the risk of meaning a similar type of Incident in the future as directed by the State,
which may include, but is not limited to, developing and implementing a remediation plan
that is approved by the State at no additional cost to the State.
I I. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict
in any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall
be harmful to the State's interests and 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 under this Grant.If a conflict or the appearance of a
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conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has
arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details
for the State's consideration.
12. INSURANCE
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 Colorado
Governmental Immunity Act,§24-10-101,a seq.,C.R.S.(the"GIA"). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
13. REMEDIES
In addition to any remedies available under any Exhibit to this Grant Award Letter, if Grantee
fails to comply with any term or condition of this Grant,the State may terminate some or all of
this Grant and require Grantee to repay any or all Grant Funds to the State in the State's sole
discretion. The State may also terminate this Grant Award Letter at any time if the State has
determined, in its sole discretion,that Grantee has ceased performing the Work without intent to
resume performance,prior to the completion of the Work.
14. DISPUTE RESOLUTION
Except as herein specifically provided otherwise, disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or official designated by Grantee for resolution.
15. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing,and shall be delivered either in hard copy or by
email to the representative of the other Party.Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this§15.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license,
with the right to sublicense, to make, use, reproduce, distribute, perform, display, create
derivatives of and otherwise exploit all intellectual property created by Grantee or any
Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to
this Grant.
17. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions, committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28
U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-
30-1501, et seq. C.R.S. No term or condition of this Grant Award Letter shall he construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, or
protections of any of these provisions.
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18. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or
transfer without such consent shall be void. Any assignment or transfer of Grantee's rights
and obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference
only,and shall not be used to interpret,define, or limit its provisions.All references in this
Grant Award Letter 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.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to
the Work,oral or written,are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Grant Award Letter or by issuance of an executed Option Letter,which shall be effective if
Grantee accepts Grant Funds following receipt of the letter. The Parties may also agree to
modification of the terms and conditions of the Grant in a formal amendment to this Grant,
properly executed and approved in accordance with applicable Colorado State law and State
Fiscal Rules.
E. Statutes,Regulations,Fiscal Rules,and Other Authority
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Performance Start Date. Grantee shall strictly
comply with all applicable Federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
F. Order of Precedence
In the event of a conflict or inconsistency between this Grant Award Letter and any
Exhibits or attachment, such conflict or inconsistency shall be resolved by reference to the
documents in the following order of priority:
i. The provisions of any executed amendments or option letters to this Grant Award
Letter
ii. The provisions of the other sections of this Grant Award Letter
iii. The provisions of any remaining exhibits to this Grant Award Letter
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G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not
affect the validity or enforceability of soy other provision of this Gran Award I•ter,
which shall remain in MI force and effect,provided that the Parties can continue to perform
their obligations under the Grant in accordance with the intent of the Grant.
H. Survival of Certain Grant Award Letter Terms
Any provision of this Gram Award Letter that imposes an obligation on a Patty after
termination or expiration of the Grant shall survive the termination or expiration of the
Grant and shall be enforceable by the other Pany.
I. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above,this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or
entity other than the Parties. Any services or benefits which third panics receive as a result
of this Grant are incidental to the Grant,and do not create any rights for such third panics.
J. Waiver
A Panty's failure or delay in exercising any right, power, or privilege under this Grant
Award Letter,whether explicit or by lack of enforcement,shall not operate as a waiver, nor
shall any single or partial exercise of any right, power, or privilege preclude any other or
further exercise of such right,power,or privilege.
K. Reserved.
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EXHIBIT B—SCOPE OF PROJECT(SOP)
1. PURPOSE
1.L Energy Impact The purpose of the Energy and Mineral Impact Assistance Program is to assist
political subdivisions that are socially and/or economically impacted by the development,processing,
or energy conversion of minerals and mineral fads.
2. DESCRIPTION OF THE PROJECT(S)AND WORK
2.1. Project Denerlptioe. The Project consists of financing a portion of the salary and benefits costs
associated with the employment of an administrative intern far PITKIN COUNTY(Grantee).
2.2. Work Description. The Grantee will employ the administrative intern for approximately a 24-month
period and the intern will work under the direction of an individual designated by the Grantee.The
administrative intern(Best&Brightest or B&B)program provides a cost-effective way to help support
the increasing administrative needs of small,nue!jurisdictions in Colorado. Additionally,the program
provides students the opportunity to gain valuable working experience while completing their graduate
degree.
221.11e intern hired must be a graduate of an accredited institution of higher education with at least a
bachelor degree,and be enrolled in the University of Colorado at Denver Masters in Political
Science New Directions Program,Graduate School of Public Affairs or Adams State University
Master's in Public Administration program and maintain good standing in the program.
222.The Grantee will develop and me ajob description for the administrative intern position. The
Grantee anticipates that the intern will perform a variety of administrative duties in the day-to-day
operation of the Grantee,as specified in the job description,and will carry out the directives of the
governing board or their designee. In addition,the intern will be involved with a variety of
administrative functions including,but not limited to,budgeting,financial management/reporting,
grant writing and administration,planning and land use management,capital improvements
planning and implementation,economic development,communication with state and federal
government agencies,intergovernmental relations and research.
2.2.3.The Grantee's designee will,with the intern,set priorities and schedule the work to be
accomplished by the intern,taking into consideration the jurisdiction's most immediate needs,the
intern's specific skills,and available time to accomplish the work. The Grantee's designee will
meet with the intern on a quarterly basis to evaluate the progress of the intern and set priorities for
the future.
2.2.4.1n the event a vacancy should occur in the administrative intern position,the Grantee will
advertise,interview,and employ a replacement for the position through the University of
Colorado at Denver Masters in Political Science New Directions Program,Graduate School of
Public Affairs or Adams State University Master's in Public Administration program.
2.3. Responsibilities.Grantee shall be responsible for the completion of the Work and to provide required
documentation to DOLA as specified herein.
2.3.1.Grantee shall notify DOLA at least 30 days in advance of Project Completion.
2.4. Recapture of Advanced Funds.To maximize the use of Grant Funds,the State shall evaluate
Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant.
DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying
with the terms of this Grant.
2.5. Eligible Expenses.Eligible expenses shall include: up to 24 months of salary and benefits costs of the
intern,as well as costs associated with travel and training.
Page I of 4
EIAF 4646—Pain County Best&Brightest(Nan 20142019
3. DEFINITIONS
3.1. "Cumulative Budgetary Line Item Changes"means a cumulative or increasing accumulation of
additional expenses within a specific line item as listed in§61 Budget within this Exhibit B.
3.2. Project Budget Line Items.
12.1."Personnel Services Costs"means program-specific allowable salary and benefits costs.
311."OperatiotNProgram Costs"means supplies,vehicle costs such as mileage or gas purchases,
telephone and interne(costs,meeting costs,copies,and printing.
33. "Substantial Completion"means the Work is sufficiently complete in accordance with the Grant so it
can be utilized for its intended purpose without undue interference.
4. DELIVERABLES
4.1. Outcome.The final outcome of this Grant is providing a cost-effective way to help support the
increasing administrative needs of small,rural jurisdictions in Colorado while providing students the
opportunity to gain valuabk working experience while completing their graduate degree.
4.2. Service Ares.The performance of the Work described within this Grant shall be located in Pitkin
County.Colorado.
4.3. Performance Measures.Grantee shall comply with the following performance measures:
Milestone/Performance Measure/Grantee will: By^.
Provide DOLA with job description for the administrative intern Within 60 days of the
position. Effective Date of this
Grant Agreement.
Hire the B&B intern. Within 60 days of the
Effective Date of this
Grant Agreement.
Submit Quarterly Pay Requests See§4.51 below
Submit Quarterly Status Reports See§4.5.2 below
Submit Project Final Report September2S,2020
4.4. Budget Line Item Adjustments.
4.4.1.Grantee may request that DOLA move Grant Funds between and among budget line items,so long
as the total amount of Grant Funds remains unchanged.To make such budget line hem changes,
DOLA will use an Option Letter(Exhibit C).
4.4.2.Grantee may increase or decrease the amount of any one or any combination of budget line items
of"Other Funds"as described in§Gl,or move funds between and among budget line items of
such"Other Funds,"so long as the total amount of such"Other Funds"is not less than the amount
set forth in§6.1 below. Grantee may increase the Total Project Cost with"Other Funds"and such
change does not require an amendment. DOLA will verify the Grantee's contribution of"Other
Funds"and compliance with this section at Project Closeout.
4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter
following execution of this Grant and for each quarter thereafter until termination of this Grant,
Grantee shall submit Pay Requests and Status Reports using a form provided by the Slate. The State
shall pay the Grantee for actual expenditures made in the performance of this Grant based on the
submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests
setting forth a detailed description and provide documentation of the amounts and types of
reimbursable expenses. P4y Requests and Status Reports are due within 30 days of the end of the
quarter but may be submitted more frequently at the discretion of the Grantee.
Page 2 of 4
DAP 8686-Pilkb.County Best&Brightest Intern 2018-2019
43.1.For quavers in which there we no expenditures to reimburse.Grantee shall indicate zero(0)in the
request and specify status of die Work in the Status Report. The report will contain an update of
expenditure of funds by line item as per§6.2 of this Exhibit B Scope of Project as well as a
projection of all Work expected to be accomplished in the following quarter,including an estimate
of Grant Funds to be expended.
4.5.2.Specifc submittal dates.
Quarter Year Dae Date Pay Request Status Report
2ie(Apr-Jun) 2018 July30,2018 Yes Yes
3ie(Jul-&p) 2018 October 30,2018 Yes Yes
4a(Oct-Dec) 2018 January 30,2019 Yes Yes
1"(Jan-Mar) 2019 April 30,2019 Yes Yes
2'e(Apr-Jun) 2019 July 30,2019 Yes Yes
3ie(Jul-Sep) 2019 October 30,2019 Yes Yes
4°(Oat-Dee) 2019 January 30,2020 Yes Yes
1"(Jan-Mar) 2020 April 30,2020 Yes Yes
2ie(Apr-Jun) 2020 July30,2020 Yes Yes
4.6. DOLA Ackaowiedgment. The Grantee agrees to acknowledge the Colorado Department of Local
Affairs in any and all materials or events designed to promote or educate the public about the Work and
the Project,including but not limited to: press releases,newspaper articles,op-ed pieces,press
conferences,presentations and brochures/pamphlets.
5. PERSONNEL
5.1. Replacement.Grantee shall immediately notify the State if any key personnel specified in§5 of this
Exhibit B ease to serve.If Grantee replaces its named personnel,it shall notify the State in writing of
the change,who the replacement is,and the effective date of the change.
5.2. Responsible Administrator.Grantee's performance hereunder shall be under the direct supervision of
LuSgzigiagjak' tv ) an employee or agent of Grantee,
who is hereby designated as the responsible administrator of this Project under this§5. If this person is
an agent of the Grantee,such person must have signature authority to bind the Grantee and must
provide evidence of such authority.
5.3. Other Key Personnel. Kara Silbernaeel.Management Anulyst
fkarssiibernaeeka nitkfncountv.com)•
5.4. DLG Regional Manager: Greg Winkler.19701 668-6160.(eree.winkleastate.co.usl
5.5. DLG Regional Assistant: Denise Lindom,(303)273-1712,(denise.lindom6Jstate.eo.usl
6. FUNDING
The State provided funds shall be limited to the amount specified under the"Grant Funds"column of 46.2,
Budget,below.
6.1. Matching/Other Funds.Grantee shall provide at least$40.000 of the Total Project Cost as
documented by Grantee and verified by DOLA at Project Closeout. Initial estimates of Grantee's
contribution are noted in the"Other Funds"column of§6.2 below. Increases to Grantee's contribution
to Total Project Cost do not require modification of this Grant Agreement and/or Exhibit B.
Page 3 of 4
EIAF 1646—Pietro County Bea&Brightest Intern 2011-2019
6.2. Budget
Badger We Hems) Total Cat Gnat Other Other Foods
• Finds Flat Source
Known]Services Cots 584,000 544,000 540,000 Grantee
(24 months)
Opersting/Progam Costs 12,000 52,000 50 Grantee
Total 586,000 546,000 560.80
7. PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in 17 of the Gres.
71, Payment Schedule If Work is wbcontrmed or subgranted and such Subcontractors and/or
Subgrantee am not previously paid.Grantee shall disburse Gras Funds received horn the State to
such Subcontractor or Subgrantee within Meen days of receipt Excess funds shall be returned to
ROLA.
Payment Amount
Interim P.ynn.nt(s) $43,700 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of digible approved expenses.
Final Payment $2,300 Paid upon Substantial Completion of the Project(as
determined by the State in its sole discretion),provided
that the Grantee has submitted.and DOLA has
accepted,all required', oat.
Total 546,000
7.2. Interest Grantee or Subgrantee may keep interest earned from Grant Funds up to$100 per year for
administrative expenses.
8. ADMINISTRATIVE REQUIREMENTS
LI. Reporting,Grantee shall submit the following reports to DOLA using the State-provided forms.
DOLA may withhold payment(s)'flitch reports are not submitted timely.
8.1.I.Qaarterly Pay Request and Statue Reports.Quarterly Pay Requests shall be submitted to
DOLA in accordance with¢e.6 of this Exhibit B.
8.1.2.Fip1 Reports. Within 90 days after the completion of the Projea,Grantee shall submit the final
Pay Request and Status Report to DOLA.
8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. COLA may choose to audit the
records for activities performed under this Grant. Grantee shall maintain a complete file of all records,
documents,communications.notes and other written materials or electronic media,files or
communications,which pertain in any manner to the operation of activities undertaken pursuant to en
executed Grant.Such books and records shall contain documentation of the Grantee's pertinent activity
under this Grant in accordance with Generally Accepted Accounting Principles.
8.2.1.Subgnatee/Subcontraetor.Grantee shall monitor its Subgrantees and/or Subcontractors,if any,
during the term of this Grant. Results of such monitoring shall be documented by Grantee and
maintained on file
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 4 of 4
EIAF 1616—MinCandy Bent Brighten Intern 20142019
EXHIBIT G—Sample OPTION LETTER
OPTION LETTER_
Dale: I Original Grant Agreement CMS 0: I CMS Routing
I) OPTION&Choose gal applicable options listed in fi I and in§2
❑ a. Option to extend(use this option for Fsuntion of Time)
❑ b. Change in the maximum Grant Funds dollar amount within auras term(use this option foran
Increase or Decrease in Grain Funds.including Supplemental funding awards)
❑ C. Budget Line Item Adjustment(s)—reallocation of awarded Gra Funds to Budget Line Item(s)
(use this Option to redistribute&bung Grant Funds between budget lines)
2) REQUIRED PROVISIONS.All Option Letters shall contain die appropriate provisions set kith below:
a.For use with Option Kale In accordance with Section 5(A)of the original Grant Agreement between the State
of Colorado.acting by and through the Colorado Department of Local Affairs,and Grantee's Name,dee State
hereby exercises Its option for an additional term beginning Insert start date and ending on Insert eudiatdale.
labia in Sections 4.3 and 65.2 of Exhibit B are deleted and replaced with the following:
HlbtaadPerarvnce Measure Byi
Net Project out to bid. Within_days of the Effective
Dale of ibis Gams Agsamau.
Awed and finalize abominate)sd'or sub-&rain). [give Isla dale)
Provide DOIA with Pmjeci Timeline Withy_days of the Effective
Date of de subaumat(s).
Convector mobilimbwbegin Work Within_days of the Effective
Date oldie s*manacl(s).
On-site walk through inspetion(s)of Work Silt) [give target dale)
Submit Quarterly Pay Bequest See 05.2 below
Submit Quanerly Sam Repents Sec§6.5.2 bean
Submit Project Final Report [give date certain)
paltrier Year Due Date Pay Request Suttee Report
la(JamMaA 2116 April 30,2016 Yes Ye
Pr(Apr4un) 2016 July 30,2016 Yn Yes
3w(Jal-Sep) 2016 Oemberl0,2016 Yes Yes
dw(Oet-Dee) 2016 January 30,2017 Yes Yes
in(Jan-Mar) 2017 Apn130,2016 Yes Yee
b.For use with Option 1(b):In accordance with Section 7(A)of the original Grant Agreement between the State
of Colorado,acting by and through the Colorado Department of Local Affairs,and Grantee's Name the State
hereby exercises its option to increase/decrease Grant Funds awarded for this Project in an amount equal to gait of
increase or(decrease) from Intinnint dollar amt to fading dollar amt. The maximum amount in Section 7.A.
of the main body of the Grant is hereby changed to endint dollar pmj.The Budget table in Section 6.2 and the
Payment Scheduk in Section 7.1,both of Exhibit B,are deleted and replaced with the following:
Budget Line Item(1) Total Cost Gnat Funds Other Funds Other Funds Source
Architectural/Engineering S 000 Grantee
Service
Building or Facility Gamin
Construction
Total 5 0.00 5 0.00 3 0.00
Page 1 of 2
OAF 0616—Pikin County Bent Bnghren barn 2011-2019
Pnyint Arenas
Inbin Psymem(s) Paid epos scoria of metal expense deauoaumw ad
• written M Request(mm the Grantee for reimbursement of
•
eligible apposed aProses
Fid Payment Paid opal SubnmIW Completion of the Projed(as
dekr®ud by the State in as sole dbernioo),povided thin
the Gana hes submitted,and ROLA hal accepted,all
required reports.
Total
e.For an wills Option Itc),In accordance with Sees.6.2 of Exhibit 8 of the original Grad Agrament
between the Slate of Colorado,acting by and hough the Colorado Department of Local Affairs,and Greaten
Name,the Slate hereby exercises its option to re-allocate awarded Grant Funds within the Project Budget. The
Budget table in Section 6.2 of Exhibit B is deleted and replaced with the following:
BudpeLtae Item(s) Teal Cat Gram Fends Other Fads Other heeds Senna
ArcbhecnuaVEogineering 5 0.00 Grantee
Services
Baling or Facility Onset
Comeructinn
Total S OAO S GAO S 0.00
3) Effective Date,The effective date of this Option Letter is upon approval of the State Controller or ,whichever
is later.
STATE OF COLORADO
John W.Hidwaboper GOVERNOR
Colorado Department of Local Affairs
By:
Iry Halter,Executive Director
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS f24-30-202 requires the Stale Controller to approve al State entreew.This Option Letter is an valid until signed
sed dated blow by the State Controller or dekpt...Cnnrctor b not authorized to begin performance until such time.
If Contnetor begins performing prior thereto,the State of Colorado is not obligated to pay Contractor(or such
performance or for any goods niter services provided hereunder.
STATE CONTROLLER
Robert Jaron,CPA,MBA.JD
By:
Yingtse Cha,Controller Delegate
Date:
Pap 2 of 2
STATE CONTROLLER POLICY
RISK ANALYSIS FOR ALL NEW CONTRACTS AND AGREEMENTS
Couuuctw Pitkin County
}alma Tide EIRP 8686-Pitkin County Best & Brightest Intern 20 8-2(R9
CmaradtNo. 108338 Date 3/6/18
_ Assessment By BL Phone 7731
Note: This risk assessment is for use with all undetermined risk contracts and agreements. Automatic High Risk.
Automatic Low Risk and No Risk contracts do not require a risk analysis
I. How does the Contract or the Agency address all attendant risks with the work?
Standard Provisions.
2. Does the Contract hove unusual provisions or changes to standard terns and conditions?
Choose Yes/No
If Yes: No.
a. Explain any Special Provisions modification and authority for the modification:
b. Explain any changes to the General Provisions:
c. Explain any other provisions that are unusual:
3. Rnancialingact
a. What is the dollar value of the contract? $46,000.00
b. Is the cataract of a significantly higher dollar value than the normal contracts for your agency?
Choose Yes/No No.
c. Explain any significant financial impact beyond dollar amount?None.
4. Statement of Work
Is the Statement of Work clear enough so that the State can monitor performance,identify non-performance,
and take appropriate action for non-performance and are payments clearly tied to performance?
Choose Yes/No Yes.
If No,Explain why:
5. Is the project/contract highly complex or is it a new project with which the Agency has little or no experience?
Choose Yes/No
Explain: No.
6. Does the vendor have u history of successful projects with the State? Choose Yes/No
Explain: Yes.
7. Does the work directly impact citizens of the state? Choose Yes/No
Explain: Yes. Increases capacity in local government.
8. Risk Analysis Conclusion: Choose High/Low
Why: Low,Grant.
Pages of 6
Easeave Date 110109iiev Nldte
,' ( COLORADO
Co Department of Local/LOA=
retie local Government
February 23,2018
The Honorable Pam Clapper,Chair
%tido County
530 East Main Street,34 Floor
Aspen,CO 81611
RE: OAF 08686-Piddn Canty Best and Brightest Intern 2018-2019
Dear Chairwoman Clapper,
On February/3,you received an award letter In the amount of$44,000.Due Wan oversight,you
should have been awarded an additional 52,000 per the Best and Brightest program guidelines.
Therefore,I am Increasing your grant award to$46,000. Please disregard the previous award letter and
me this letter for your records.These grant funds will be from state severance tax proceeds,whidi
may cause you to go to election to receive and spend there.You should confer with your legal and
budget advisors to determine If such an election Is necessary.
Please contact your DOLA Regional Manager, Greg Winkler,at(970)668-6160 for Information on how to
proceed.Expenditure of State finds prior to the contract being fully executed cannot be Included In
the contract budget or reimbursed by the State.If a circumstance arises and a grantee must spend
their match dollars sooner than the full execution of the grant agreement,the Regional Manager for
the respective grantee must be contacted Immediately to discuss the need and offer an appropriate
solution. Per our program guidelines, this offer is valid for one year from the date of this letter.
I wish you success with your project.
Sincerely,
Iry Halter
Executive Director
cc Kara Silbemagel,Management Analyst
Kerry Donovan, State Senator
Barbara McLachlan, State Representative
Greg Winkler,DOLA
Christy Doan, DOLA
enc
(ket,Tc:i
GovernorGovernorJam W.Hlckenlaoper I Iry Haller,Executive DirectorDirectorI C6an(al Unfag,Division Directorrrm131)Shean Street,Boon 521,Denver,CD m203 P 303.864,312) TDDITTY 103.864.7758 wwrv.dota.colorado gov
Strengthening Colorado Communities1;
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