HomeMy WebLinkAboutbocc.con.130.248/30/2021 CDD
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 10014100.581000
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
If this is a new contractor, please enter the New Vendor information into Munis for workflow approval.
Contact Information:
Department
County Representative Samuel Landercasper County Representative
Phone (970) 309-3474
Provide a brief description of the Contract or Change Order:
Contract Value Summary:
$ 250,000.00
$ -
$ -
$ 250,000.00
Strategy & Operations
Fiscal sponsor services contract for facilitating the County's regional Fiscal Empowerment Center.
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
Contract Total
No
Fiscal Sponsor for Provision of Financial Empowerment Center Services
Aspen Community Foundation
$ 250,000.00
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$ -
$ -
$ -
$ 250,000.00
Sole Source
Services/Maintenance
9/3/2024
12/31/2025
New Contract
130.24
Pitkin County
Procurement Cover Sheet
Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement
Rev 2023.12.15 CDD
1
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST TO: County Manager DATE: June 17, 2024
FROM: Sam Landercasper, Human Services Deputy Director of Strategy & Operations Proposed Contractor: Aspen Community Foundation Product/Service: Financial Empowerment Center Estimated expenditure for the above Product/Service: $ 250,000.00
This form is required in documenting a Sole Source exception from an otherwise competitive bidding process
when sufficient competition does not exist, a single vendor represents a clear and best value to Pitkin County, or other factors are present that preclude other vendors from being able to provide the product(s), service(s), and/or construction. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original manufacturer, no regional distributor, standardization etc):
Explain:
The County’s application and use of ARPA funds from the federal government to establish and operate a
financial empowerment center is a unique and one time circumstance that requires specific administration
experience, knowledge, relationships and proven success. The chosen administrative contractor must
possess the following:
- Existing knowledge of and relationships with finance providers in Pitkin County
- Proven compliance with federal requirements and deadlines related to distribution of emergency funds
on behalf of Pitkin County
- Established trusted partnership with Pitkin County staff and elected officials
- Ability to meet County’s timeline for fund distribution and reporting
- A third-party perspective and the ability to implement the program according to the County’s
guidelines
The Aspen Community Foundation is the only non-profit organization in the region that can administer
this program in accordance with the County’s needs, in the timeframe required, and with careful
consideration and attention to the relationships and human-centered elements of the program. The County
contracted with ACF for a similar program in 2021 and 2022 to infuse federal rescue funds into the
community and the contract administration, program oversight and reporting were all considered
successful. In addition, Aspen Community Foundation is able to leverage funds from their donors to
possibly add to the overall amount of money available for this program, a value that no other
administrative organization can provide to the County. Furthermore, this project is being funded through
Rev 2023.12.15 CDD
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multiple agencies, and ACF has the capacity and experience to administer and responsibly track and report
these funding sources. For these reasons, ACF is the sole source provider for this contract.
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The undersigned requests that Pitkin County waive other procurement requirements and recognize this
transaction as a sole source exception to the Pitkin County Procurement Code. Department Representative Department Director
!#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date
County Manager Reason for Denial:
________________________________________
!#COUNTY MANAGER SOLE#! Date
Deputy Director of Human Services
Samuel Landercasper
Sep-04-2024 Sep-04-2024
Human Services Director
Lindsay Maisch
Sep-13-2024
Deputy County Manager
Kara Silbernagel
Contract # 130.24 Revision: 2023.12.15 CDD
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PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT, made September 3, 2024 by and between the Board of County Commissioners
of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the
“County”) and Aspen Community Foundation, 455 Gold Rivers Court, Suite 515, Basalt, CO
81621 (hereinafter called the “Contractor”) to perform the following work: Fiscal Sponsor for
Financial Empowerment Center (“Project”).
I. Term of Contract: The term of this Contract is from September 3, 2024 to December
31, 2025.
II. Contractor’s Obligations. Contractor shall provide the fiscal sponsor services
described in the attached Agreement (“Attachment A”) in order to assist the County in
the administration of the Financial Empowerment Center services provided by the
Savings Collaborative (the “Sub-Contractor”). In completing these obligations, the
Contractor will abide by the federally mandated Reporting Requirements (“Attachment
B”) and will ensure that the Sub-Contractor: (1) also complies with Attachment B; (2)
completes the services required of a Financial Empowerment Center, as described in
the attached Scope of Work (“Attachment C”); and (3) fulfills the obligations described
in the Financial Empowerment Center Model Requirements (“Attachment D”).
III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall
compensate Contractor for its services in accordance with the Project Budget and
Schedule set out in Paragraph II. It is expressly understood and agreed that in no event
will the total compensation and reimbursement to be paid hereunder exceed the sum of
Two Hundred Fifty Thousand dollars and Zero cents ($250,000.00) for all services
rendered. By contract or amendment, the County and Contractor may reallocate the
budget among project tasks if the total budget amount remains unchanged. Contractor
shall invoice for the project monthly based on hours worked, with payment expected
within thirty (30) days of invoice. Any payment by the County may be offset by any
amount the Contractor owes the County for any reason.
IV. County’s Exclusive Ownership of Work Product. Drawings, specifications,
guidelines and other documents prepared by Contractor in connection with this
Contract shall be the property of the County. However, Contractor shall have the right
to utilize such documents in the course of its marketing, professional presentations, and
Contract # 130.24 Revision: 2023.12.15 CDD
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for other business purposes. Contractor assigns to County the copyrights to all work
prepared, developed, or created pursuant to this Contract, including the right to: 1)
reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
perform the works publicly; and 5) to display the work publicly. Contractor shall have
right to use materials produced in the course of this Contract for marketing purposes
and professional presentations, articles, speeches and other business purposes.
V. Pitkin County’s Obligations. Pitkin County shall administer this Contract through
a County Representative. Samuel Landercasper, Deputy Director of Strategy &
Operations will manage the project as the County’s Representative. In the event that
Samuel Landercasper is not available, an alternate representative will be appointed who
shall assume the County Representative’s duties. The services provided and products
delivered by the Contractor under this Contract will be subject to review by the
County’s Representatives, or a designee, for compliance with Contractor’s obligations
prior to final payment.
VI. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Contract, with or without cause, by giving written notice to the
Contractor of such termination and specifying the effective date thereof. Such notice
shall be given at least ten (10) days before the effective date of such termination. In
such event all finished or unfinished documents, data, studies and reports prepared by
the Contractor pursuant to this Contract shall become the County’s property. Contractor
shall be entitled to receive compensation in accordance with the Contract for any
satisfactory work completed pursuant to the terms of this Contract prior to the date of
termination. Notwithstanding the above, Contractor shall not be relieved of liability to
the County for damages sustained by the County by virtue of any breach of the Contract
by the Contractor.
VII. Independent Contractor Status.
A. The parties to this Contract intend that the relationship between them contemplated
by the Contract is that of independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent,
or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under
this Contract. Contractor may choose to work for other individuals or entities
during the term of this Contract, provided that the basic services and deliverable
products required under this Contract are submitted in the manner and on the
schedule defined under this Contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor’s obligations
under this Contract.
Contract # 130.24 Revision: 2023.12.15 CDD
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D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under
this Contract.
E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income
taxes.
VIII. Assignability. This Contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Contract must be accepted in
writing by the County.
IX. Severability. In the event that any provision of this Contract shall be held to be invalid
or unenforceable, the remaining provisions of this Contract shall remain valid and
binding upon the parties hereto.
X. Integration and Modification.
A. This Contract represents the entire and integrated Contract between the County and
the Contractor and supersedes all prior negotiations, representations, or contract,
either written or oral. This Contract may be amended only by written contract
signed by both the County and the Contractor.
B. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder. Such changes, including the increase or
decrease in the amount of the Contractor’s compensation, which are mutually
agreed upon between the County and the Contractor, shall be in writing and upon
execution shall become part of this Contract.
XI. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, volunteers, and any jurisdiction or agency issuing permits for any work
included in the project, hereinafter referred to as indemnitee, from all suits and
claims, including attorney's fees and cost of litigation, actions, loss, damage,
expense, cost or claims of any character or any nature arising out of the work done
in fulfillment of the terms of this Contract or on account of any act, claim or amount
arising or recovered under workers' compensation law or arising out of the failure
of the Contractor to conform to any statutes, ordinances, regulation, law or court
decree. It is agreed that the Contractor will be responsible for primary loss
investigation, defense and judgment costs where this Contract of indemnity applies.
In consideration of the award of this Contract, the Contractor agrees to waive all
rights of subrogation against the County its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
Contract # 130.24 Revision: 2023.12.15 CDD
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agents, and volunteers for losses arising from the work performed by the Contractor
for the County.
B. The Contractor further shall investigate, process, respond to, adjust, provide
defense for and defend, pay or settle all claims, demands, or lawsuits related hereto
at its sole expense and shall bear all other costs and expenses related thereto, even
if the claim, demand or lawsuit is groundless, false or fraudulent.
XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract
are satisfied, insurance against claims for injury to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the
Contractor, its agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in
no way limit the indemnity covenants contained in this Contract. The policies shall
include, or be endorsed to include, the following provision: On insurance policies
where the County is named as an additional insured, the County shall be an additional
insured to the full limits of liability purchased by the Contractor even if those limits of
liability are in excess of those required by this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient
to protect the Contractor from liabilities that might arise out of the performance of the
work under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate
and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not
relieved of any liability or other obligations assumed or pursuant to the Contract by
reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or
types. Commercial General Liability Completed Operations coverage must be kept in
effect for up to three (3) years after completion of the project.
A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits
of liability requirements provided that the coverage is written on a “following form”
basis.
1) Statutory Workers’ Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers’ Compensation Act AND when
such contractor or subcontractor executes the appropriate sole
proprietor waiver form.
Minimum Limits:
Coverage A (Workers’ Compensation) Statutory
Contract # 130.24 Revision: 2023.12.15 CDD
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Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2) Commercial General Liability – ISO 1CG 0001 form or equivalent.
(With County named as an additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage (Any One Fire) $ 50,000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal / Advertising Injury
• Products / Completed Operations
• Liability assumed under an Insured Contract (including defense costs assumed under
contract)
• Independent Contractors
• Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997
Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010
(2004 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: “County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers named as an additional insured
with respect to liability and defense of suits arising out of the activities performed
by, or on behalf of the Contractor, including completed operations”.
3) Auto Liability: Bodily injury and property damage for any owned,
hired and non-owned vehicles used in the performance of this Contract.
Minimum Limits: Statutory
Coverage Bodily/Property Damage (Each Accident) $ 1,000,000
4) Special Coverages (check as appropriate and insert amount):
a. ☐ Performance Bond $
Contract # 130.24 Revision: 2023.12.15 CDD
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b. ☐ Professional Errors and Omissions
c. ☐ Aircraft Liability
d. ☐ Owner’s Protective
e. ☐ Builder’s Risk
f. ☐ Boiler and Machinery
g. ☐ Loss of Use Insurance
h. ☐ Pollution Liability
i. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
B. Proof of Insurance:
1) Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended,
voided or canceled except after thirty (30) days prior written notice has been
given to the County, except when cancellation is for non-payment of
premium, then ten (10) days prior notice may be given. Such notice shall
be emailed directly to Procurement@pitkincounty.com. If the insurance
carrier will not provide the required notice, the Consultant/Contractor and
or its insurance broker shall notify the County of any cancellation, or
reduction in coverage or limits of any insurance within seven (7) days of
receipt of insurers’ notification to that effect. Simultaneously with the
Certificates of Insurance, the Contractor shall file with the Project Lead a
certified statement as to claims pending against the required coverages,
reserves established on account of such claims, defense costs expended and
amounts remaining on policy limits.
2) In addition, these Certificates of Insurance shall contain the following
clauses:
a. The contractor’s insurance shall be primary and non-contributory with
any insurance or self-insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy.
c. Any and all deductibles or self-insured retentions in the above-
described insurance policies shall be assumed by and be for the
amount of, and at the sole expense of the Contractor.
d. Location of operations shall be: “all operations and locations at which
work for the referenced Project is being done.”
3) Certificates of Insurance for all renewal policies shall be delivered to
the County’s Representative at least fifteen (15) days prior to a policy’s
expiration date except for any policy expiring on the expiration date of this
Contract or thereafter.
Contract # 130.24 Revision: 2023.12.15 CDD
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4) The County reserves the right to request and receive a copy of any
policy and any policy endorsement at any time during the term of this
Contract.
XIII. Exemptions and Preferences. All purchases of construction or building or any other
materials for this Contract shall not include Federal Excise Taxes or Colorado State or
local sales or use taxes. Pitkin County is exempt from such taxes under registration
numbers 98-02624 and 84-78000-5k.
XIV. Records. The Contractor shall maintain comprehensive, complete and accurate
books, records, and documents concerning its performance relating to this Contract for
a period of three (3) years after final payment under the Contract and the County shall
have the right within the three (3) year period to inspect and audit these books, records
and documents, upon demand, in a reasonable manner and at reasonable times, for the
purpose of determining, by accepted accounting and auditing standards, compliance
with all provisions of the Contract and applicable law.
XV. Contract Made in Colorado. The parties agree that this Contract was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is
agreed to be exclusively in the courts of Pitkin County, Colorado.
XVI. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract, the substantially prevailing party shall be entitled to its costs
and reasonable attorney’s fees.
XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive, by any provision of this Contract, the monetary
limitations or terms (presently $150,000 per person and $600,000 per occurrence) or
any other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise
available to Pitkin County or any of its officers, agents or employees. Further, nothing
in this Contract shall be construed or interpreted to require or provide for indemnification
of the Contractor by the County for any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the County or its
agent or employees.
XVIII. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
currently budgeted expenditures of Pitkin County. Pitkin County’s obligations under
this Contract are subject to Pitkin County’s annual right to budget and appropriate the
sums necessary to provide the services set forth herein. No provisions of the Contract
shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond
the then current fiscal year of Pitkin County. No provision of the Contract shall be
Contract # 130.24 Revision: 2023.12.15 CDD
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construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or
statutory debt limitation. This Contract shall not directly or indirectly obligate Pitkin
County to make any payments beyond those appropriated for Pitkin County’s then
current fiscal year. No provisions of this Contract shall be construed to pledge or create
a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this
Contract restrict the future issuance of Pitkin County’s bonds or any obligations
payable from any class or source of Pitkin County’s money.
XIX. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and
by one of the following methods 1) hand-delivery or 2) registered or certified mail,
postage pre-paid to the mailing addresses set forth below. Each party by notice sent
under this paragraph may change the address to which future notices should be sent.
Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall be
construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Pitkin County: Samuel Landercasper 530 E. Main Street
Aspen, CO 81611
Email: samuel.landercasper@pitkincounty.com
with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301
Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: Aspen Community Foundation
455 Gold Rivers Court, Suite 515
Basalt, CO 81621 Phone: (970) 925-9300 Email: info@aspencommunityfoundation.org
To Sub-Contractor: The Savings Collaborative 959 Cedar Creek Carbondale, CO 81623 Email: barbara@savingscollaborative.org
Contract # 130.24 Revision: 2023.12.15 CDD
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IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. ASPEN COMMUNITY FOUNDATION ________________________________________________ !#VENDOR SIGNATURE#! Date
SAVINGS COLLABORATIVE (Sub-Contractor)
________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________
!#DEPARTMENT REPRESENTATIVE#! Date COUNTY MANAGER APPROVAL:
________________________________________________ !#COUNTY MANAGER#! Date
Sep-04-2024
Deputy Director of Human Services
Samuel Landercasper
Sep-05-2024
CEO & President
Erica Snow
CEO
Barbara Freeman
Sep-05-2024
Kara Silbernagel
Deputy County Manager
Sep-13-2024
Attachment A
Reporting Requirements
For Recipients of Pitkin County ARPA SLFRF Funds
This grant is funded by the ARPA SLFRF program and does not change or impact reporting and compliance requirements for the Coronavirus Relief Fund (“CRF”) established by the CARES Act.
For reporting purposes Pitkin County is following Treasury Guidelines, policies and procedures
for the ARPA SLFRF funding and accepting this grant you agree to follow them. From time-to- time, Treasury (ARPA – SLFRF) or Pitkin County may issue sub regulatory guidance, updates as well as frequently asked questions and accepting this grant you agree to cooperate to
provide the information to Pitkin County and Treasury required for this funding in no more than 10 business days or 14 calendar days after the information has been requested.
Key Principles There are several guiding principles for developing your own effective compliance regimes:
•Recipients and subrecipients are the first line of defense and responsible for ensuring theSLFRF award funds are not used for ineligible purposes, and there is no fraud, waste, or abuseassociated with their SLFRF award.•Many SLFRF-funded projects respond to the COVID-19 public health emergency and meet
urgent community needs. Swift and effective implementation is vital, and recipients mustbalance facilitating simple and rapid program access widely across the community andmaintaining a robust documentation and compliance regime.
•Treasury encourages recipients to use SLFRF-funded projects to advance shared interestsand promote equitable delivery of government benefits and opportunities to underservedcommunities, as outlined in Executive Order 13985, On Advancing Racial Equity and Support
for Underserved Communities Through the Federal Government
•Transparency and public accountability for SLFRF award funds and use of such funds arecritical to upholding program integrity and trust in all levels of government, and SLFRF award
funds should be managed consistent with Administration guidance per Memorandum M-21-20 and Memorandum M-20-21.
Eligible Time frame.
Your organization, as a recipient of an SLFRF award, may use SLFRF funds to cover eligible
costs that your organization incurred during the period that begins on July 1, 2024 and ends on December 31, 2025.
Any funds not obligated or expended for eligible uses by the timelines above must be returned to Pitkin County, including any unobligated or unexpended funds that have been provided to subrecipients and contractors as part of the award closeout process pursuant to 2 C.F.R.
200.344(d). For the purposes of determining expenditure eligibility, Treasury’s final rule provides that “incurred” means the recipient has incurred an obligation, which has the same meaning given to “financial obligation” in 2 CFR 200.1.
Reporting. Subrecipients must submit quarterly Project and Expenditure reports which include subaward reporting, and annual Recovery Plan reports.
Subrecipient Monitoring. SLFRF recipients that are pass-through entities as described under 2 CFR 200.1 are required to manage and monitor their subrecipients to ensure compliance with
requirements of the SLFRF award pursuant to 2 CFR 200.332 regarding requirements for passthrough entities.
Attachment B
First, your organization must clearly identify to the subrecipient: (1) that the award is a subaward
of SLFRF funds; (2) any and all compliance requirements for use of SLFRF funds; and (3) any and all reporting requirements for expenditures of SLFRF funds.
Your organization will need to evaluate each subrecipient’s risk of noncompliance based on a set of common factors. These risk assessments may include factors such as prior experience in managing Federal funds, previous audits, personnel, and policies or procedures for award
execution and oversight. Ongoing monitoring of any given subrecipient should reflect its assessed risk and include monitoring, identification of deficiencies, and follow-up to ensure appropriate remediation
Accordingly, your organization should develop written policies and procedures for subrecipient monitoring and risk assessment and maintain records of all award agreements identifying or otherwise, documenting subrecipients’ compliance obligations. Pitkin County may choose to provide a subaward or contract to other entities to provide services to other end users. For example, a recipient may provide a subaward to a nonprofit to provide homeless services to individuals experiencing homelessness. In this case, the subaward to a nonprofit is based on the services that the recipient intends to provide (assistance to households experiencing homelessness), and the nonprofit is serving as the subrecipient, providing services on behalf of the recipient. Subrecipients are subject to an audit pursuant to
the Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements, whereas contractors are not subject to an audit pursuant to the Single Audit Act and 2 CFR part 200, subpart F regarding audit
requirements.
As required by the 2 CFR Part 170, Appendix A award term regarding reporting subaward and executive compensation, recipients must also report the names and total compensation of their five most highly compensated executives and their subrecipients’ executives for the preceding
completed fiscal year if (1) the recipient received 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as provided by 2 CFR 170.320 (and subawards),
and received $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act (and subawards), and (2) if the information is not otherwise public. In general, most SLFRF recipients are governmental entities with executive salaries that are already disclosed, so no additional information would be required to be reported for them. The recipient is responsible for the subrecipients’ compliance with registering and maintaining an updated profile on SAM.gov.
Across each of the compliance requirements above, Treasury has described some best practices for development of internal controls in Table 1 below, with an example of each best practice.
Eligibility Award Terms and Conditions Under this program, recipients are responsible for ensuring funds are used for the eligible
purposes and approved by Pitkin County and Treasury. Generally, recipients must develop and implement policies and procedures, and retain records, to determine and monitor implementation of criteria for determining the eligibility of beneficiaries and/or subrecipients. Your organization, and if applicable, the subrecipient(s) administering a program on behalf of your organization, will need to maintain procedures for obtaining information evidencing a given beneficiary, subrecipient, or contractor’s eligibility, including a valid SAM.gov registration. Implementing risk-based due diligence for eligibility determinations is a best practice to augment your organization’s existing controls. The Award Terms and Conditions of the SLFRF financial assistance agreement sets forth the compliance obligations for recipients pursuant to the SLFRF statute, the Uniform Guidance,
Treasury’s final rule, and applicable federal laws and regulations. Recipients should ensure they remain in compliance with all Award Terms and Conditions. These obligations include the following items in addition to those described above:
1. SAM.gov Requirements. All eligible recipients are required to have an active registration with the System for Award Management (“SAM”) (https://www.sam.gov) pursuant to 2 CFR Part
25. To ensure timely receipt of funding, Treasury has stated that NEUs who have not previously registered with SAM.gov may do so after receipt of the award, but before the submission of mandatory reporting. (except with respect to individuals or households for which a SAM.gov
registration is not required).
2. Recordkeeping Requirements. Generally, your organization must maintain records and financial documents for five years after all funds have been expended or returned to Pitkin County. Pitkin County or Treasury may request transfer of records of long-term value at the end of such period. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats.
Your organization must agree to provide or make available such records to Pitkin County and Treasury upon request, and to the Government Accountability Office (“GAO”), Treasury’s Office
of Inspector General (“OIG”), and their authorized representative in order to conduct audits or other investigations. 3. Single Audit Requirements. Recipients and subrecipients that expend more than $750,000 in Federal awards during their fiscal year will be subject to an audit under the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F regarding audit
requirements. Note that the Compliance Supplement provides information on the existing, important compliance requirements that the federal government expects to be considered as a part of such audit. For example, the SLFRF Compliance Supplement describes an alternative
to the Single Audit for eligible recipients. Recipients should consult the Compliance Supplement for more information about the alternative compliance examination engagement. The Compliance Supplement is routinely updated, and is made available in the Federal Register and on OMB’s website: https://www.whitehouse.gov/omb/office-federal-financial-management/ Recipients and subrecipients should consult the Federal Audit Clearinghouse to see examples of Single Audit submissions.
4. Civil Rights Compliance. Recipients of Federal financial assistance from the Treasury
through Pitkin County are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or
otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public
Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972
(Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement
responsibilities under Title VI of the Civil Rights Act, Treasury and Pitkin County will collect and review information from recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury’s implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42, provide for the collection of data and information from recipients (see 28 CFR 42.406). Treasury may request that non-tribal recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status. As explained in Treasury FAQ 12.1, the
award terms and conditions for Treasury’s pandemic recovery programs, including the SLFRF program, do not impose anti discrimination requirements on Tribal governments beyond what would otherwise apply under federal law.
Timing of Reports
Reports will be due within 10 days of each calendar quarter end. Table 1: Quarterly Project and Expenditure Report Timeline
Report Year Quarter Period Covered Due Date
1 2024 3 July 1 – September 30 October 10, 2024
2 2024 4 October 1 – December 31 January 10, 2025 3 2025 1 January 1 – March 31 April 10, 2025 4 2025 2 April 1 – June 30 July 10, 2025
5 2025 3 July 1 – September 30 October 10, 2025 6 2025 4 October 1 – December 31 January 10, 2026
Table 2: Annual Project and Expenditure Report timeline Report Period Covered Due Date 1 July 1, 2024 – December 31, 2024 January 10, 2025 2 January 1, 2025 – December 31, 2025 January 10, 2026
Required Information
The following information is required but not limited for the Project and Expenditure Reports for both quarterly and annual reporting: Project section: -Project name, -Project expenditure category -Description -Period covered -Status of completion.
Inflows and expenditures: -Total cumulative received
-Total cumulative obligation
-Total cumulative expenditures
-Current period received
-Current period obligation
-Current period expenditure
Recipient -Current period date of payment
-Current period payment amount
-Proof of payment
Attachment C
Scope of Work
I.The Contractor shall retain staff, secure counseling sites and provide day-to-day management
(the "Work") in accordance with the following terms and conditions:
1.Implement the FEC initiative in accordance with the model requirements (AttachmentB)provided by the CFE Fund, including but not limited to, free one-on-one counseling,integration with a range of services, counselor training based on a set of training
standards, data collection, and active [County] to manage the work. Meet benchmarks in
Year 1 and Year 2 on average number of financial counseling sessions per full-time counselor(as defined in Attachment B - Financial Empowerment Center Model) and average number ofoutcomes per full-time counselor.a.At a minimum, conduct an average of 480 sessions per full-time counselor in Year 1
and an average of between 600-700 sessions per full-time counselor in Year 2.
b. Achieve an average of 100-150 outcomes per full-time counselor in Year 1, and anaverage of 200-250 outcomes per full-time counselor in Year 2.2.Identify a Program Manager who will oversee the delivery of the financial counseling andcoaching and serve as the main contact person between the Contractor and the City or
County.
a.Supervise overall program implementation, and management; and support servicedelivery, including monitoring efforts and troubleshooting.b. Monitor the work of the Financial Counselors, including but not limited to servicedelivery, counselor training and Code of Ethics adherence, reporting and progress
towards target goals (number of sessions and outcomes).
c.Update the County on all organizational staffing matters that could impact the FECinitiative.d. Support all partnership development efforts to ensure FEC counselors are deployedeffectively, including working closely with the County Manager to identify, develop
and maintain such partnerships, conduct outreach to initiate partnerships, and monitorprogress.e.Participate in regular meetings with the County, and the CFE Fund, to review progresson goals, identify additional innovations and opportunities, and to make modificationsto the program, as needed.
f.Track progress and service delivery through the Financial Empowerment Center BoostOutcomes Tool database (“FECBOT”) for at least the Grant Term.g.Participate in all trainings, as required by the CFE Fund, including but not limited tothe initial counselor training, Program Manager training, any continuing educationsessions, and CFE-Fund hosted trainings.
h.Participate in all learning community activities, along with other FEC staff memberswhen applicable, including sharing accomplishments, best practices and lessonslearned with the broader field. Such activities could include:i.Attendance at national gatherings hosted by the CFE Fund.
ii. Participation in ad-hoc webinars or conference calls with other grantees and partners. 3. Ensure that the Financial Empowerment Center service is delivered effectively and follows the model requirements provided by the County and the CFE Fund. a. Work closely with the County Manager on day-to-day operations, reporting needs, partnership development, and counselor supervision. It is the sole responsibility of the Financial Counseling Provider to address any issues (personnel or otherwise) that affect the operations of the FEC during this contract period and come to a resolution with the
County. b. Ensure, provide, or retain and provide appropriate supervision to at least 3 full time or full time equivalent (FTE) counselors, exclusively focused on supporting the Pitkin County FEC. i. Notify the City or County of all staffing matters, including the hiring of
financial counselors, as it pertains to the FEC, including but not limited to key staff openings, or personnel changes as it relates to Contractor's performance of this Contract. ii. Financial counselors should have a minimum of two years of work experience, with some background in finance, financial education, counseling/coaching, or
social service delivery. Staff should also have particular expertise in one of the following: financial services, social work, financial planning coaching/mentoring, teaching, or other related fields. Financial Counselors will ideally be bilingual, speaking English as well as one other language prevalent in the geographic areas or target populations they serve.
iii. Ensure that counselors and the manager have completed FEC Training, including training from a “CFE Certified Training Partner,” and code of ethics training, and have received a passing score on the FEC Exams 1. Provide the County with proof that financial counselors have completed
all the required trainings, specifically counselor certificates and signed
code of ethics forms. c. Ensure each client understands and signs the Client Service Agreement form and must ensure that client data is only shared with the consent of the individual client, following the stipulations in the Client Service Agreement.
d. Ensure that no material changes to operations are made without the prior approval and
consent of the County including change in hours of operation, staffing, partnerships and locations. i. It is the sole responsibility of the Contractor to address any issues (personnel or otherwise) that affect the operations of the FEC during this contract period and
come to a resolution with the County.
e. Develop and implement an effective deployment strategy, including hours of operation, for counselors based on client needs, County priorities, geographic needs, target population, partnership opportunities or other needs. i. Ensure that each counselor, regardless of virtual or in-person sessions, or where
he/she is placed, will conduct the counseling in a private or semi-private area
to allow for counselor-client information and conversations to be held confidentially. In-person counseling spaces should be equipped with standard, modem technological capabilities (including computer equipment, multi-line
telephone and voicemail, high speed internet access and access to printing, faxing, shredding, and reproduction equipment). Although spaces differ, each site should be able to accommodate approximately 150 square feet of private
counseling space per counselor, plus an additional 300-500 square feet of meeting arid waiting room space (to be shared). ii. All locations must be compliant with the Americans with Disabilities Act. Facilities for all sites, including satellite sites, will be made available for at least one day per week.
iii. Deliver counseling on days and at hours that, upon consultation with the County, are determined to meet the needs of clients. The Contractor is expected to make some evening and weekend hours available at locations. The Contractor shall make counseling available on a full-time basis with hours of operation at each location subject to review and approval by the County.
f. Ensure that the FEC database is used for at least the duration of the grant for data collection and reporting; that data security and client confidentiality protocols are in place; and that the database and data within is only used by Pitkin County FEC staff and for Pitkin County FEC purposes. g. The Contractor shall agree to participate in additional monitoring and evaluation
activities, including, but not limited to, site visits, surveys, interviews, focus group organization, administrative records review, and other data collection and evaluation strategies, as shall be required by the County. The County will make best efforts to provide a minimum 15 days' notice. h. The Contractor shall not enter into any agreement for data sharing or evaluation of the
FEC services or clients without prior consent and approval by the County and the CFE Fund. i. If the Contractor has existing financial counseling/coaching programs, the Contractor and the County shall develop a plan to ensure that the FEC work is distinct. Any non-
FEC financial counseling/coaching programs shall not use the CFE Fund or FEC logos
or marketing materials. Non-FEC financial counseling and coaching programs will be clearly labeled as a separate financial counseling initiative from the FEC. j. The Contractor shall not imply that non-FEC financial counseling or coaching programs are supported by or connected to the CFE Fund or national FEC model in any
way,
k. The Contractor shall not use or copy any FEC materials or resources created or provided by the CFE Fund or the County for anything other than to support the Pitkin County FEC program. 4. Support efforts to identify, secure and manage programmatic partnerships.
a. Launch the FEC with a minimum of eight partnerships with internal County agencies
or external community organizations (each, a “Program Partner”), with the goal of referring clients to the FEC. b. On an ongoing basis, work to deepen partnerships to ensure an effective and efficient process for clients of the partner organizations to access FEC services. Common
strategies for integration design include:
i. Defined Referral Process: Program Partner’s case manager directs client to an FEC counselor, or the referral is embedded within the program. ii. Co-Location: An FEC counselor serves clients on site with the Program Partner
on a regular basis. iii. FEC Participation Integrated Fully: FEC services have become a normal part of the client journey for the partner organization. The Program Partner has
formalized incentives, or has made FEC counseling an eligible way to fulfill general program requirements with the goal of fully integrating FEC services into the partner organization’s client journey. iv. Coordinated Case Management: The FEC and Program Partner meet or communicate regularly to discuss client progress, encourage client retention
and multiple session attendance, and work collaboratively to ensure an effective referral process. v. Regular Reporting: The FEC regularly shares information about program/client progress with the Program Partner. vi. Data Sharing Agreement: The FEC and Program Partner have executed a data
sharing agreement to govern how client information is shared. vii. Supervitamin Study: The FEC and Program Partner have identified partner-specific outcome metrics and goals that they believe may be positively impacted by the integration of FEC services and are actively monitoring if said metrics are improving among clients receiving FEC services.
c. Continue to work with the County to identify and secure new programmatic partnerships within a range of services and locations, including within local government programs, nonprofit services or private companies. i. The County will serve as the lead on any partnership agreements (if applicable). d. Work with County Manager to assess partnerships, ensuring effectiveness and impact. 5. Adhere to FEC marketing and communication protocols, including County and CFE Fund communications guidelines. a. Prominently display signage and marketing materials for the FEC at counseling locations.
On any signage or communications pieces related to the FEC, the local government partner logo
and financial counseling provider logo are always included with the FEC logo according to the FEC Branding Guidelines (https://drive.google.com/file/d/15Br4elmRn-jdvGytvXL4TLdRsjssfMTY/view) b. Conduct local outreach about the FEC to raise awareness and generate demand for the
services (provided in coordination with the County).
c. Refer all media queries and media interviews to the County or the County's designated agent. d. Prior written approval from the County, and in some cases from the CFE Fund, is required before Contractor or any employees, servants, or agents may, at any time,
before, during or after completion or termination of this Agreement, make any
statement to the press, make a public announcement or issue any material for publication through any medium of communication bearing on the work performed or data collected under this Agreement. e. Support the County in collecting client stories for press inquiries, reports and other
evaluation purposes. When applicable, facilitate outreach to clients for permissions and
to coordinate press events. f. Ensure that any non-FEC programs operated by the Financial Counseling Provider does not refer to or imply association with the CFE Fund, national FEC model, or local Pitkin
County FEC program, including using the CFE Fund or FEC logos in any materials or resources for non-FEC work. II. FEC Database (FECBOT) and Experian Connectivity a. For the term of the Contract, Contractor will i. Use the CFE Fund’s FEC database, FECBOT. The Contractor must obtain prior written approval from the CFE Fund before anyone at the FEC will be granted access to the FECBOT Database. The CFE Fund will provide licenses
for FEC program-essential personnel, such as the Financial Counselors, the FEC Manager, and the Local Government Manager (each, a “User”). However, all non-essential Users are subject to licensing fees and reasonably related management costs. ii. Ensure that weekly session and client data is entered into the database before
5 p.m. the Wednesday of the following week. FEC staff members must notify the County of any barriers in reaching weekly deadlines. iii. Ensure that all FEC staff members maintain rigorous client confidentiality when using FECBOT and Experian, and follow data collection protocols to ensure client confidentiality:
a. Maintain the confidentiality of all written and electronic client information and data; as well as the configuration of FECBOT and terms and prices of the Experian credit reports. b. Ensure that computer equipment, the FECBOT database, and any other data collection tools will not be used by anyone other than Financial
Empowerment Center-trained and approved Financial Counselors, County and Program Managers and a limited number of support staff; and will not be used outside of the parameters of the Financial Empowerment Centers or Contractor’s other office locations. Any staff member who is authorized
to access FECBOT will be required to sign the FECBOT User Agreement
and provide a copy to the CFE Fund’s FECBOT Administrator. c. Keep all data within a secure limited-access network, maintained by FECBOT through Salesforce; and through Experian. Client data should not be downloaded to hard drives of individual computers or to portable storage
devices.
d. Ensure each client understands and signs a Client Service Agreement form approved by the CFE Fund. Contractor must ensure that client data is only shared with the consent of the individual client, following the stipulations in the Client Service Agreement.
e. Ensure that all paper documents with personally identifiable information
will be stored in locked file cabinets with access limited to Financial Empowerment Center staff. Financial counseling records, including sensitive financial information must be kept in a locked drawer/cabinet separate from other Contractor client information. Any old, duplicative, or
unnecessary documents containing personally identifiable information shall
be shredded using a cross-cut paper shredder. Personally identifiable information includes, but is not limited to, social security numbers, full names, telephone numbers, addresses, email addresses, dates of birth, and
financial account numbers. f. Use standard database security practices when accessing FECBOT and the Experian portal, which include: using strong passwords (combinations of
letters, numbers, and special characters) to limit access; changing passwords at least quarterly; and not sharing passwords with other employees or by storing passwords where others may access them. g. Limit the ability of non-Financial Empowerment Center staff members to view data by locking, turning off or logging out of computer systems when
not in use. This shall include setting security systems to automatically lock with a screen saver at frequent intervals, not more than ten minutes. h. Protect computers and other network devices that can be used to access Client data with anti-virus and anti-spyware malware protection software, a firewall, and timely installation of Windows “patches.”
III. Intellectual Property a. The Contractor recognizes that any and all materials, including but not limited to training manuals and templates and FECBOT, provided by the CFE Fund for the County and its Financial Counseling Provider(s), are the exclusive property of the
CFE Fund. b. Contractor will not use, transmit, display or publish, or otherwise license such materials without the CFE Fund’s prior written consent.
Attachment D
Financial Empowerment Center Model (the “Model”)
Please note that this provides a broad overview of the Financial Empowerment Center model (the “Model”). During the course of engagement, the CFE Fund team will be providing further
details on all components of the model. The Model has been developed by the CFE Fund in order to ensure consistency and high-quality standards. The Model should be actively followed by the Contractor. The Model may be amended, modified, supplemented, or otherwise revised by the CFE Fund. Any changes to the Model will be communicated by the CFE Fund during the course
of technical assistance to the Contractor.
Model: •Professional, one-on-one and free public service.•Systematically track data and outcomes for client management and evaluation.•Connects to a range of local government and nonprofit service delivery systems.
•Prioritizes sustainability efforts to become a permanent service in the locality.
Operations: •Program implementation and management is led and overseen by the local government.•Service provision is conducted by one or more qualified nonprofit partners or localgovernment agencies, formalized via MOU.
•Counselors conduct financial triage with clients to determine the nature of their financial
situation, set goals, and establish a specific plan of action with each client focused in fourprimary areas: banking, savings, debt, and credit.•Client retention, critical to outcome achievement, is prioritized as counselors work withclients to make progress on their action plan.•All program managers and counselors must be trained based on the CFE Fund’s training
standards and pass a CFE Fund–administered final exam.
The Financial Counseling Session
As defined for the Model, one-on-one financial counseling and coaching represents a mix of
direct service goal setting and light case management provided by highly trained professionals to
advise people on their financial and personal goals in the areas of banking, savings, debt, and
credit. One-on-one counseling, either in person or remotely, is conducted or tracked with the goal
of clients achieving meaningful, defined financial outcomes. A financial counseling session is a
confidential, private meeting between an FEC counselor and individual (or household) lasting a
minimum of 30 minutes. Sessions can be either in person or remote (i.e. phone, video) given they
meet the 30-minute requirement.
The initial counseling session consists of a comprehensive financial health assessment, where
counselors conduct triage to determine the full nature of the client’s financial situation, support the client in setting goals, and establish a specific client-led action plan to manage their finances, pay down debt, increase savings, establish and build credit, and access safe and affordable
mainstream banking products. Retention, or returning for more than one session, is critical; clients are more likely to achieve outcomes if they participate in multiple counseling sessions. Throughout the process, counselors advise clients, and track progress towards outcomes aimed at enhancing
financial stability. Partnership Structure
The Model is a partnership between local government and community based organizations, with critical and distinct roles for each partner.
Local Government (city or county) plays a central role of directing and coordinating the initiative on the ground. The local government partner ensures quality and consistency of service delivery by establishing protocols for monitoring and evaluation, using public channels for marketing and promotion of services, and supporting integration of service delivery within
other public programs and local government access points. Financial Counseling Providers recruit, hire and supervise the FEC counselors. They are responsible for all data collection and regular reporting to the local government and the CFE Fund. They support public marketing efforts by participating in outreach events and
presentations. In addition, nonprofit providers establish and maintain relationships with other community partners hosting counselors, referral partners, and other outreach and community efforts. This provider role can also be fulfilled by a local government agency. Local and National Counselor Training Partners deliver financial counseling training
instruction based on the training standards provided by the CFE Fund, focusing on financial content, counseling and coaching skills, and cultural awareness. Partners can deliver this training in a variety of formats, including at a local college, through self-paced webinars, and/or with program managers or national training providers teaching the curriculum. Prior to working with their own clients, counselors must pass an exam that evaluates their command of training
material and succeed at a period of mentored, experiential training (such as role-playing, shadowing, and observation). In addition, local government and counseling provider managers coordinate continuing education opportunities as the program evolves to further counselors’ professional development and understanding of new financial issues that those with low incomes face.
Programmatic Partners are crucial to integrating the FEC services into the service streams of local government and nonprofit agencies, especially those serving people with low and moderate incomes. Partnerships deeply embed financial counseling/coaching into local government and nonprofit programs, advancing both programs’ goals. Partnerships can have a
variety of characteristics in a scale of increasing integration, which are: formalized via MOU, defined referral process, co-location, FEC participation fully integrated, coordinated case management, regular reporting, data sharing agreement, and Supervitamin Effects Study. Potential complementary program integrations could include, homeownership assistance, homeless prevention, foreclosure prevention, workforce development, asset building, financial
access, domestic violence prevention, or other social services. Philanthropic Partners are influential in the launch of the FEC and subsequent enhancement
opportunities. At the start of the implementation phase, localities secure funding from local and/or national funders to partially match the CFE Fund's investment to launch the FEC. Funder engagement in the FEC stems from a range of interests, including geographic footprints,
programmatic priorities, innovation opportunities, and issue-based giving. Once the FEC has launched, funders offer opportunities to enhance the Model with targeted pilots, while also providing support to complement the public funding. Data Collection and Reporting
Data collection and reporting are essential to the success of the Model, used to improve service delivery, track required outcomes, and further budgetary and political sustainability efforts. FEC initiative partners will be required to use the FEC database throughout the grant period and participate in all national data collection, tracking, and evaluation activities. Partners have
access to all local data collected and can create customized reports. Learning Community The CFE Fund operates a national learning community of local government partners engaged in
FEC development and implementation. Learning community calls or events are valuable opportunities to learn and share best practices.
Certificate Of Completion
Envelope Id: 6F2CC7D2544942699E115EBE543BA7A1 Status: Completed
Subject: Aspen Community Foundation | Pitkin County Contract 130.24 R1 for Review and Signature
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agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can
download and retain this disclosure. Pitkin County will forward completed documents that
you've reviewed, processed or signed via email. Should you require copies of these signed
documents (e.g., if they get deleted from your email account) you should request those
documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin
County custodian who sent you the document for signature.
Signing Documents with a Pitkin County DocuSign Account:
Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM
Parties agreed to: Lindsay Maisch, Erica Snow, Barbara Freeman, Valerie Carlin, Norma Avila
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to these terms and conditions, please
confirm your agreement by clicking the 'I agree' button at the bottom of this document.
Getting paper or electronic copies
At any time, you may request from us a paper or electronic copy of any record provided or made
available electronically to you by us. For such copies, as long as you are an authorized user of
the DocuSign system you will have the ability to download and print any documents we send to
you through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper or
electronic copies of any such documents from our office to you, you may be charged a per-page
fee. You may request delivery of such paper or electronic copies from us by following the
procedure described below.
Withdrawing your consent
If you are an authorized DocuSign Account holder, you can decide to receive notices and
disclosures from us electronically, you may at any time change your mind and tell us that
thereafter you want to receive required notices and disclosures only in paper format. Described
below is the process for informing us of your decision to receive future notices and disclosure in
paper format and also how to withdraw your consent to receive notices and disclosures
electronically.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign user account to receive required notices and consents electronically from us or to sign
electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgments, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Pitkin County:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to Helpdesk@provelocity.com
To advise Pitkin County of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at Helpdesk@provelocity.com and
in the body of such request you must state: your previous e-mail address, your new e-mail
address .
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper or electronic copies from Pitkin County
To request delivery from us of paper or electronic copies of the notices and disclosures
previously provided by us to you electronically, you should request those documents from Pitkin
County under the Colorado Open Records Act by contacting the Pitkin County custodian who
sent you the document for signature.
To withdraw your consent with Pitkin County
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you
must state your e-mail, full name, Postal Address, telephone number, and account
number.