HomeMy WebLinkAboutbocc.res.117.2024
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS (“BOCC”) OF PITKIN COUNTY,
COLORADO APPROVING AND AUTHORIZING THE
CHAIR TO SIGN THE COLORADO DEVELOPMENT
BLOCK GRANT APPLICATION AND AN
INTEROVERNMENTAL AGREEMENT WITH EAGLE,
GARFIELD, GRAND, JACKSON, MOFFAT, RIO
BLANCO, ROUTT AND SUMMIT COUNTIES HEREIN
REFERRED TO AS THE “PARTIES” TO ALLOW THE
NORTHWEST LOAN FUND TO CONTINUE TO MAKE
BUSINESS LOANS IN PITKIN COUNTY
RESOLUTION NO. 117-2024
RECITALS
WHEREAS, 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, and;
WHEREAS, Eagle County plans to submit a Community Development Block Grant
(CDBG) application to the State of Colorado, Department of Local Affairs, c/o the Office
of Economic Development and International Trade. CDBG funds are intended to provide
decent housing, suitable living environments and economic opportunities, principally for
low and moderate- income persons through rehabilitation and preservation, economic
development (generally job creation/retention) and public facilities, and;
WHEREAS, the grant application is being proposed for Eagle County to act as the lead
county for the nine counties of Region 11 and 12 Business Loan Fund, acting though an
Intergovernmental Agreement with the "Parties" in providing business assistance to
applicants in all of the nine participating counties. The proposed CDBG application for the
above- referenced economic development activities, is specifically for a new CDBG
contract in the amount of $580,000.00 with $500,000.00 allocated for direct business
assistance and $80,000.00 for administration, and;
WHEREAS, pursuant to Resolution No.008-2020 adopted on February 20, 2020, the
BOCC approved and authorized the chair to sign a similar grant application and
intergovernmental agreement with all parties, and;
WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin County
to approve this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby approves a Resolution Authorizing the Chair to Sign
the Colorado Development Block Grant (CDBG) Application and an Intergovernmental
Agreement (attached as Exhibit A) with Eagle, Garfield, Grand, Jackson, Moffat, Rio
Blanco, Routt and Summit Counties to Allow the Northwest Loan Fund to Continue to
2
Resolution No. 117-2024
Make Business Loans in Pitkin County, 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.
INTRODUCED AND FIRST READ ON THE 6TH DAY OF NOVEMBER, 2024 AND
SET FOR SECOND READING AND PUBLIC HEARING ON THE 4TH DAY OF
DECEMBER 2024.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN DAILY NEWS ON THE 21ST DAY OF
NOVEMBER, 2024.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com )
ON THE 21ST DAY OF NOVEMBER, 2024.
ADOPTED AFTER FINAL READING ON THE 4TH DAY OF DECEMBER, 2024.
POSTED BY TITLE AND SHORT SUMMARY AFTER ADOPTION, ON THE
OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ), AFTER ADOPTION,
ON THE 12TH DAY OF DECEMBER 2024.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN DAILY NEWS ON THE 12TH DAY OF DECEMBER, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By _________________________ By: _____________________________
Sam Engen Greg Poschman, Chair
Clerk to the Board
Date: ______________
APPROVED AS TO FORM: MANAGER APPROVAL
___________________________ _________________________________
Richard Neiley, III Jon Peacock, County Manager
Interim County Attorney
Form Revised 07/17/2024
Dec-06-2024
1
ACKNOWLEDGEMENT AND CHIEF ELECTED OFFICIAL
CERTIFICATION DOCUMENT
for the Community Development Block Grant (CDBG) Program
To the best of my knowledge and belief, statements and data in this application are true and correct and
their submission has been duly authorized by the governing body of all participating jurisdictions.
Signature, Chief Elected Official Signature, Chief Elected Official**
Chair, Eagle County BOCC Chair, Garfield County BOCC
Title and Jurisdiction (Typed or Printed) Title and Jurisdiction (Typed or Printed)
___
Date Date
Signature, Chief Elected Official** Signature, Chief Elected Official**
Chair, Grand County BOCC Chair, Jackson County BOCC
Title and Jurisdiction (Typed or Printed) Title and Jurisdiction (Typed or Printed)
___
Date Date
Signature, Chief Elected Official** Signature, Chief Elected Official**
Chair, Moffat County BOCC Chair, Pitkin County BOCC
Title and Jurisdiction (Typed or Printed) Title and Jurisdiction (Typed or Printed)
___
Date Date
Signature, Chief Elected Official** Signature, Chief Elected Official**
Chair, Rio Blanco County BOCC Chair, Routt County BOCC
Title and Jurisdiction (Typed or Printed) Title and Jurisdiction (Typed or Printed)
____
Date Date
Dec-12-2024
2
Signature, Chief Elected Official**
Chair, Summit County BOCC
Title and Jurisdiction (Typed or Printed)
Date
** Additional signatures are required only in the case of "multi-jurisdictional" applications. If this
is a multi-jurisdictional application, the Chief Elected Official of each municipality and/or county
participating in the application must sign.
State of Colorado Intergovernmental Grant Agreement SUMMARY OF TERMS AND CONDITIONS
State Agency Department of Local Affairs
DLG Portal Number CDBGED-25-700 CMS Number 199284
Grantee Eagle County Grant Award Amount $580,000.00
Project Number and Name CDBGED-25-700 - Eagle County BLF Performance Start Date The later of the Effective Date or May 23, 2025
Grant Expiration Date May 31, 2029
Project Description This Project consists of providing Community Development Block Grant (CDBG) funds to continue a Business Loan Fund (BLF), the primary purpose of which is to encourage economic diversification and job creation and/or retention which addresses the program objective of benefit to Low and Moderate Income Persons.
Program Name Community Development Block Grant Program ( ) Funding Source FEDERAL FUNDS
Catalog of Federal Domestic Assistance (CFDA) Number 14.228
DOLA Interim Program Manager Audrey Field, (audrey.field@state.co.us)
Funding Account Codes VCUST# 14253 Address Code AD009 EFT
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER
____________________________________________________
By: Audrey Field, Federal Programs
Financial Assistance Manager
Date: __________________________________
STATE OF COLORADO Jared S. Polis, Governor DEPARTMENT OF LOCAL AFFAIRS Maria De Cambra, Executive Director ______________________________________________ By: Maria De Cambra, Executive Director
Date: _________________________
In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller or an authorized delegate (the “Effective Date”).
STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: Beulah Messick, Controller Delegate
Department of Local Affairs Effective Date:_____________________
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CDBG
5/27/2025 | 12:04 PM MDT
5/27/2025 | 10:22 PM MDT
CTGG1 NLAA 202500004043
5/29/2025 | 12:43 PM MDT
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TERMS AND CONDITIONS
1. GRANT AND AUTHORITY
A. Grant
As of the Performance Start Date, the State Agency shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement (the “State”) hereby obligates
and awards to Grantee shown on the Summary of Terms and Conditions page of this
Intergovernmental Grant Agreement (the “Grantee”) an award of Grant Funds in the amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. By accepting the Grant Funds provided under this Intergovernmental Grant Agreement, Grantee agrees to comply with the terms and conditions of this
Intergovernmental Grant Agreement and requirements and provisions of all Exhibits to this
Intergovernmental Grant Agreement.
B. Authority
Authority to enter into this Intergovernmental Grant Agreement exists in the law as follows:
i. Federal Authority
This Intergovernmental Grant Agreement is funded, in whole or in part, with Federal
funds made available pursuant to the Community Development Block Grant (Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended 42 U.S.C. 5301 et seq.). Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have been budgeted, appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains available for
payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies.
ii. Reserved.
2. TERM
A. Initial Grant Term and Extension
The Parties’ respective performances under this Intergovernmental Grant Agreement shall commence on the Performance Start Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole
discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee with an updated Intergovernmental Grant Agreement, an executed Amendment or an executed Option Letter showing the new Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Intergovernmental Grant Agreement to serve the public interest
of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Intergovernmental Grant Agreement ceases to further the public interest of the State or if State, Federal or other funds used for this Intergovernmental Grant Agreement are not appropriated, or otherwise become unavailable to fund this Intergovernmental Grant Agreement, the State, in its discretion, may terminate this Intergovernmental Grant
Agreement in whole or in part by providing written notice to Grantee. If the State terminates this Intergovernmental Grant Agreement in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this
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Intergovernmental Grant Agreement 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 Intergovernmental Grant Agreement 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 Intergovernmental Grant Agreement by the State for breach by Grantee.
C. Grantee’s Termination Under Federal Requirements
Grantee may request termination of this Grant by sending notice to the State, or to the Federal
Awarding Agency with a copy to the State, which includes the reasons for the termination
and the effective date of the termination. If this Grant is terminated in this manner, then Grantee shall return any advanced payments made for work that will not be performed prior to the effective date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Budget” or “Project Budget” means the budget for the Work described in Exhibit B.
B. “Business Day” means any day on which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S.
C. “CJI” 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 §24-72-302 C.R.S.
D. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S.
E. “Intergovernmental Grant Agreement” or “Grant” or “Agreement” 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.
F. “Grant Funds” or “Grant Award Amount” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Intergovernmental Grant Agreement.
G. “Grant Expiration Date” means the Grant Expiration Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. Work performed after the
Grant Expiration Date is not eligible for reimbursement from Grant Funds.
H. “Performance Start Date” means the later of the Performance Start Date or the Effective Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement.
I. “Exhibits” means the following exhibits attached to this Intergovernmental Grant
Agreement:
i. Exhibit B, Statement of Project;
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ii. Exhibit C, Grant Federal Provisions;
iii. Exhibit G, Form of Option Letter;
iv. Exhibit H, PII Certification; and
v. Exhibit I, Safeguarding Requirements for Federal Tax Information.
J. “Extension Term” means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Intergovernmental Grant Agreement, an
amendment, or an Option Letter.
K. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the Recipient. “Federal Award” also means an agreement setting forth the terms and conditions
of the Federal Award. The term does not include payments to a contractor or payments to an
individual that is a beneficiary of a Federal program.
L. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. The U.S. Department of Housing and Urban Development (HUD), Office of Community Planning and Development (“CPD”) is the Federal Awarding Agency for the
Federal Award which is the subject of this Intergovernmental Grant Agreement.
M. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Intergovernmental Grant Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services.
N. “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.
O. “Initial Term” means the time period between the Performance Start Date and the initial Grant Expiration Date.
P. “Matching Funds” or “Other Funds” means the funds provided Grantee as a match required
to receive the Grant Funds.
Q. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
R. “PCI” means payment card information including any data related to credit card holders’ names, credit card numbers, or the other credit card information as may be protected by state or federal law.
S. “PII” means personally identifiable information including, without limitation, any information maintained by the State 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, mother’s 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. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101 C.R.S. “PII” shall also mean “personal identifying information” as set forth at § 24-74-102, et seq., C.R.S.
T. Reserved.
U. “Recipient” means the State Agency shown on the first page of this Intergovernmental Grant
Agreement, for the purposes of the Federal Award.
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V. “Services” means the services performed by Grantee as set forth in this Intergovernmental
Grant Agreement, and shall include any services rendered by Grantee in connection with the Goods.
W. “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, PII, PCI,
Tax Information, CJI, and State personnel records not subject to disclosure under CORA.
State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Grantee without restrictions at the time
of its disclosure to Grantee; (iii) is or subsequently becomes publicly available without breach
of any obligation owed by Grantee to the State; (iv) is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information.
X. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
Y. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June 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.
Z. “State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
AA. “Sub-Award” means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to this Sub-Award unless the terms and conditions of the Federal Award specifically indicate otherwise.
BB. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work. “Subcontractor” also includes sub-grantees.
CC. “Subrecipient” means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization entity that receives a Sub-Award from a Recipient to carry out part of a Federal program, but does not include an individual that is a beneficiary of such
program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient.
DD. “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 Information
includes, but is not limited to all information defined as Federal tax information in Internal Revenue Service Publication 1075.
EE. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the “Super Circular, which supersedes requirements from OMB
Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up.
FF. “Work” means the delivery of the Goods and performance of the Services described in this Intergovernmental Grant Agreement.
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GG. “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.
HH. “Project” means the overall project described in Exhibit B, which includes the Work.
Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit.
4. PURPOSE AND SCOPE OF PROJECT
A. Purpose
The purpose of the Community Development Block Grant Program is to develop viable communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. The
purpose of this Grant is described in Exhibit B.
B. Scope of Project
Grantee shall complete the Work as described in this Intergovernmental Grant Agreement 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 Intergovernmental Grant Agreement.
5. 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 Terms and Conditions page of this Intergovernmental Grant Agreement. 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. Except as provided in §5.G. below, the State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Performance Start
Date or after the Grant Expiration Date.
i. The State may increase or decrease the Grant Award Amount by providing Grantee with an updated Intergovernmental Grant Agreement or an executed Option Letter showing the new Grant Award Amount.
B. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below.
C. Matching Funds
Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the “Local Match Amount”). Grantee’s obligation to pay all or part of any matching funds,
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whether direct or contingent, only extends to funds duly and lawfully appropriated for the
purpose of this Agreement by the authorized representatives of Grantee and paid into Grantee’s treasury or bank account. Grantee shall appropriate and allocate all Other Funds to the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Intergovernmental
Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years,
and this Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s laws or policies.
D. Reimbursement of Grantee Costs
Upon prior written approval, the State shall reimburse Grantee’s allowable costs, not
exceeding the maximum total amount described in this Intergovernmental Grant Agreement for all allowable costs described in this Intergovernmental Grant Agreement and shown in the Project Budget in Exhibit B. The State shall reimburse Grantee for the Federal share of properly documented allowable costs related to the Work after the State’s review and
approval thereof, subject to the provisions of this Grant. The State shall only reimburse
allowable costs if those costs are: (a) reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (b) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred).
i. Upon request of the Grantee, the State may, without changing the maximum total amount
of Grant Funds, adjust or otherwise reallocate Grant Funds among or between each line of the Project Budget by providing Grantee with an executed Option Letter or formal amendment.
E. Close-Out and De-obligation of Grant Funds
Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To complete close-out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Intergovernmental Grant Agreement and Grantee’s final reimbursement request or invoice. If the Federal Awarding Agency has not closed this Federal Award within 1 year and 90 days after the Grant Expiration Date due to Grantee’s
failure to submit required documentation, then Grantee may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. Any Grant Funds remaining after submission and payment of Grantee’s final reimbursement request are subject to de-obligation by the State.
F. 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 Intergovernmental Grant Agreement, 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.
G. Retroactive Payments
The State shall pay Grantee for costs or expenses incurred or performance by the Grantee prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules and regulations applicable to the Work provide for such retroactive payments to
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the Grantee. Any such retroactive payments shall comply with State Fiscal Rules and be
made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment request by submitting invoices to the State in the form and manner set forth and approved by the State.
6. REPORTING – NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the end of the close-out period described in §5.E. above, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s obligations hereunder.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State and the Federal Awarding
Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment.
7. 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 State 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 Intergovernmental Grant Agreement using procedures as determined by the State. Grantee shall allow the State to perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Grantee. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The
State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. If Grantee enters into a subcontract or subgrant with an entity that would also be considered a Subrecipient, then the subcontract or subgrant entered into by Grantee shall contain provisions permitting both Grantee and the State to perform all monitoring of that Subcontractor in accordance with the Uniform Guidance.
C. Audits
Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s records that relates to or affects this Grant or the Work, whether the audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform a single audit under 2 CFR 200.501, et seq., Grantee shall submit a copy of the results of that
audit to the State within the same timelines as the submission to the federal government.
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8. 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 State 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 State Records, except as otherwise stated in this Intergovernmental Grant Agreement. Grantee shall provide for the security of all State
Confidential Information in accordance with all policies promulgated by the Colorado Office
of Information Security and all applicable laws, rules, policies, publications, and guidelines. If Grantee or any of its Subcontractors will or may receive the following types of data, Grantee or its Subcontractors shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information
and in accordance with the Safeguarding Requirements for Federal Tax Information attached
to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) 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 Insurance
Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement
attached to this Grant, if applicable. Grantee 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 Intergovernmental Grant Agreement. 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 State with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State 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.
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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 incurring 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.
E. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable to the State,
including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as
set forth in §24-74-102, et seq., C.R.S., Grantee, including, but not limited to, Grantee’s
employees, agents and Subcontractors, agrees not to share any PII with any third parties for the purpose of investigating for, participating in, cooperating with, or assisting with Federal immigration enforcement. If Grantee is given direct access to any State databases containing PII, Grantee shall execute, on behalf of itself and its employees, the certification attached
hereto as Exhibit H on an annual basis Grantee’s duty and obligation to certify as set forth
in Exhibit H shall continue as long as Grantee has direct access to any State databases containing PII. If Grantee uses any Subcontractors to perform services requiring direct access to State databases containing PII, the Grantee shall require such Subcontractors to execute and deliver the certification to the State on an annual basis, so long as the Subcontractor has
access to State databases containing PII.
9. 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 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. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant.
10. 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, et 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.
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11. REMEDIES
In addition to any remedies available under any Exhibit to this Intergovernmental Grant Agreement, if Grantee fails to comply with any term or condition of this Grant or any terms of the Federal Award, 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
Intergovernmental Grant Agreement 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.
12. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as required or permitted by federal regulations
related to any Federal Award that provided any of the Grant Funds, 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.
13. 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 Intergovernmental Grant Agreement 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 §13.
14. 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.
15. 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 Colorado Governmental Immunity Act,
§24-10-101, et seq., C.R.S.; 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 Intergovernmental Grant Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, or protections of any of these provisions.
16. 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 Intergovernmental Grant Agreement.
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B. Captions and References
The captions and headings in this Intergovernmental Grant Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Intergovernmental Grant Agreement 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 Intergovernmental Grant Agreement 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 Intergovernmental
Grant Agreement.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Intergovernmental Grant Agreement, which shall be effective if Grantee accepts Grant Funds
following receipt of the updated letter. The Parties may also agree to modification of the
terms and conditions of the Grant in either an option letter or 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 Intergovernmental Grant Agreement 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. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference.
G. Severability
The invalidity or unenforceability of any provision of this Intergovernmental Grant Agreement shall not affect the validity or enforceability of any other provision of this
Intergovernmental Grant Agreement, which shall remain in full 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 Intergovernmental Grant Agreement Terms
Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a
Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party.
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I. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this Intergovernmental Grant Agreement 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 parties receive as a result of this Grant are incidental to the Grant, and do not create any
rights for such third parties.
J. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Intergovernmental Grant Agreement, 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. Accessibility
i. Grantee shall comply with and the Work Product provided under this Agreement shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant
to Section §24-85-103 (2.5), C.R.S. Grantee shall also comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.
ii. The State may require Grantee’s compliance to the State’s Accessibility Standards to
be determined by a third party selected by the State to attest to Grantee’s Work Product
and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
L. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit C at all times during the term of this Grant.
M. Order of Precedence
In the event of a conflict or inconsistency between this Intergovernmental Grant Agreement and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference
to the documents in the following order of priority:
i. Exhibit C, Grant Federal Provisions;
ii. Colorado Special Provisions in §17 of the main body of this Grant;
iii. Exhibit I, Safeguarding Requirements for Federal Tax Information;
iv. Any executed Option Letter and Amendment;
v. The provisions of the other sections of the main body of this Intergovernmental Grant Agreement;
vi. Exhibit B, Statement of Work; and
vii. Exhibit H, PII Certification.
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17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Agreement is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), C.R.S., then this Agreement shall not be valid until it has been approved
by the State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5) C.R.S.
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
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 Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; 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 Agreement shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an
agent or employee of the State. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability, or understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by
the State, and (c) be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Agreement shall be filed and proceedings
held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
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G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits Grantee’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement shall be
construed as a waiver of any provision of §24-106-109 C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term
of this Agreement and any extensions, Grantee has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507 C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Grantee
has no interest and shall not acquire any interest, direct or indirect, that would conflict in any
manner or degree with the performance of Grantee’s services and Grantee shall not employ any person having such known interests.
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EXHIBIT B – STATEMENT OF PROJECT Business Loan Fund
1. GENERAL DESCRIPTION OF THE PROJECT(S)
1.1. General Description. This Project consists of providing Community Development Block Grant (CDBG) funds to the Grantee to continue a Business Loan Fund (BLF), the primary purpose of which is to encourage economic diversification and job creation and/or retention which addresses the program objective of benefit to Low and Moderate Income Persons, as defined in §2.1 below. Eagle County is designated as the Lead County or Grantee. CDBG funds may be used to operate a business loan fund
program, provide micro-enterprise business financial and/or technical assistance, or provide funding for feasibility/planning studies. Details of allowable activities and related requirements are outlined in the remainder of this Exhibit B.
1.2. Eligible Expenses. The activities allowed under this Intergovernmental Grant Agreement shall be those listed under this subsection and §7 below.
1.2.1. Business and Micro-Enterprise Financial Assistance. Eligible expenses include, but are not
limited to, costs associated with working capital, operating expenses, machinery and equipment, land and/or building acquisition, and construction. The State shall provide specific approval for the type of expenses that shall be eligible for payment with CDBG funds when Grantee, as specified in §6.2.3. below, makes a specific request for such approval and such request is submitted to the State for its review/consideration.
1.2.2. Micro-Enterprise Business Technical Assistance. Eligible expenses include costs associated
with the BLF’s provision of technical assistance through a third party provider to a business, including but not limited to marketing, accounting and/or operational technical assistance. Technical assistance may be authorized in conjunction with financial assistance provided under a locally developed and state approved micro-enterprise assistance program. The State shall provide specific approval for the type of expenses that shall be eligible for payment with CDBG funds when Grantee makes a specific request for such approval and such request is submitted to the State for its review/consideration.
1.2.3. Feasibility/Planning Studies. Eligible expenses include, but are not limited to, costs associated
with market research, development of a capital structure, and development of a legal structure. Funding for this activity is typically in the form of a grant; however, on a case-by-case basis, the State may approve alternative structures including the use of loans, loan guarantees or equity
interests. Grantee shall ensure the study(ies) be in accordance with the State’s approved terms and conditions and with the requirements outlined in the CDBG Guidebook, which is available on DOLA’s website. If the study results in the proposed project moving forward, the Grantee shall
ensure that a minimum of 51% Low and Moderate Income Persons benefit from the project in accordance with §2.1 and §3.2 of this Exhibit B.
1.2.4. General Administration. Eligible expenses include, but are not limited to the costs of
performing general Project activities related to compliance with this Intergovernmental Grant Agreement, financial management, loan packaging and review, and loan servicing necessary for operation of the BLF program. General Administration funds are subject to the following requirements:
1.2.4.1. CDBG Administrative Cap. Grantee shall ensure that administrative expenses do not exceed 16% of the total CDBG costs (sum of administrative, business financial assistance, feasibility/planning, and business technical assistance costs) under this Intergovernmental Grant Agreement. Compliance shall be determined at the termination date of this Intergovernmental Grant Agreement. At that time, if the administrative funds drawn exceed the percentage specified herein, Grantee shall repay the excess amount to the State unless the Governor’s Financial Review Committee (GFRC), has approved a waiver of this requirement.
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1.2.4.2. Equipment Purchase. Grantee shall submit requests for the use of CDBG
administrative funds to purchase equipment over $5,000 to DOLA staff for review and approval prior to such purchases.
1.2.4.3. Contribution toward General Administration. Grantee and/or its Subgrantee shall inject a minimum contribution of $40,000 for the administration of the BLF on an annual basis. However in no event shall the use of CDBG miscellaneous income, as defined in §1.5.3 below, retained by its Subgrantee exceed $40,000 on an annual basis for this purpose.
1.3. Leveraged Funds. Grantee is required to seek leveraged funds provided by private entities, including but not limited to the assisted businesses, banks, investors, individuals, and public entities. Such funds
shall generally comprise the majority of funds used to assist businesses receiving CDBG assistance. Unless otherwise authorized in writing by the State, Grantee shall be responsible for meeting the required leveraged funds for this Project, as specified in §7 below, during the term of this
Intergovernmental Grant Agreement. Leveraged funds shall not be considered matching funds for federal program purposes. The State recognizes that utilization of the micro-enterprise program may make this leverage criterion unattainable. To the extent that CDBG funds are utilized to provide
assistance to micro-enterprises, Grantee’s share of leveraged funds may be reduced on a pro-rata basis.
1.4. Program Income. If Grantee has not entered into a subgrantee agreement for the administration of the BLF, all revenues received by the Grantee which result directly from the CDBG-assisted activity,
including but not limited to principal and interest payments, origination fees, servicing charges, interest earned and proceeds from the sale of acquired assets, shall be considered to be program income and subject to CDBG requirements.
1.5. Subgrant. This subsection is, or is not applicable. When applicable, the terms and provisions of this Intergovernmental Grant Agreement may also pertain to Subgrantee, whether Subgrantee is specifically mentioned or not. Grantee is not released from its obligations under this Intergovernmental Grant Agreement even if it has contracted out the administration of the BLF.
1.5.1. Subgrantee. Grantee has entered into a subgrantee agreement with Northwest Loan Fund (“NLF”
or “Subgrantee”), a qualifying non-profit organization, for the administration of the BLF, as allowed under Section 105(a)(15) of the Housing and Community Development Act of 1974.
1.5.2. Approval of Subgrantee Agreement. Grantee shall submit its subgrantee agreement to DOLA
staff and obtain the State’s approval of such subgrantee agreement prior to disbursement of Grant Funds. Subgrantee agreement shall clearly delineate contractual responsibilities of the Grantee and Subgrantee.
1.5.3. Miscellaneous Income. All revenues received by Subgrantee which result directly from the CDBG-assisted activity, including but not limited to principal and interest payments, origination fees, servicing charges, interest earned and proceeds from the sale of acquired assets shall be
considered to be miscellaneous income.
1.5.3.1. Use of Funds. Unless otherwise authorized in writing by the State, all miscellaneous income shall be retained by Subgrantee and used to continue the operation of the BLF,
specifically making loans to businesses and micro-enterprise businesses and paying reasonable and necessary general administrative costs associated with the BLF.
1.5.3.2. Limitation on use of Miscellaneous Income for Administrative Expenses. The maximum amount of miscellaneous income that can be used for administrative costs shall not exceed $80,000 during the Initial term of this Intergovernmental Grant Agreement. At the termination of this Intergovernmental Grant Agreement, if the amount of miscellaneous income used exceeds the amount specified above, Subgrantee shall repay the excess amount to the BLF’s account, unless the GFRC has approved a waiver of this requirement.
1.5.3.3. Post Agreement Termination Requirements. Upon the expiration of this Intergovernmental Grant Agreement, Subgrantee shall ensure that it has entered into a
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separate agreement with the State pertaining to the anticipated amount of miscellaneous
income funds to be used for general administrative costs related to the operation of the BLF on an annual basis. Subgrantee shall notify the State if the anticipated amount was exceeded by more than 10% in any given year, if Subgrantee would like to request an amendment to such agreement to change the stated amount of general administrative funds, or if Subgrantee would like to request an amendment related to eligible uses of funds. Miscellaneous income loses its federal identity and is generally not required to meet federal or state program requirements except to the degree delineated in this provision. In consideration of the State approving the Miscellaneous Income designation for such funds, Grantee and Subgrantee
shall provide accurate, complete, and timely disclosure of the BLF’s performance results for all current and prior CDBG BLF grants in accordance with reporting requirements set forth in §6.1.1 below.
1.6. Davis Bacon Fair Labor Standards. When applicable, Grantee and Subgrantee(s) shall comply with all the requirements of the Davis Bacon Fair Labor Standards in accordance with the CDBG Guidebook. Documentation shall be submitted to DLG at the time of occurrence.
1.7. Section 3 of the HUD Act of 1968.
In accordance with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 75, to the greatest extent feasible, Grantee and
Subgrantee (if applicable) shall, consistent with existing Federal, State, and local laws and regulations, ensure that employment and other economic opportunities generated by this HUD-financed project be directed to persons whose income is equal to or less than 80% of AMI, particularly those who are
recipients of government assistance for housing, and to business concerns which provide economic opportunities to persons whose income is equal to or less than 80% of AMI.
Grantee shall maintain documentation of all such efforts in its hiring and procurement practices, provide this documentation to DOLA upon request, and in accordance with 24 CFR §75.25, report labor hours during project monitoring. If reporting indicates that the agency has not met the Section 3 benchmarks described in 24 CFR §75.23, Grantee and Subgrantee (if applicable) must report on the qualitative nature of its activities and those its contractors pursued per 24 CFR §75.15(b) and §75.25(b).
1.8. Federal Funding Accountability and Transparency Act of 2006, (Pub L. 109-282) (Transparency Act , also known as FFATA). Grantee and subgrantees are required to report award information on the government Website and register with U.S. Government System for Award Management (SAM) at
http://www.sam.gov. See Exhibit C – Grant Federal Provisions, for specific information.
2. TERMINOLOGY
2.1. Low and Moderate Income Person. This subsection is, or is not applicable. Grantee shall
verify every household’s income eligibility, using the income certification forms prescribed by the State and the maximum income limits established by HUD, and retain such documentation in its files. Person is defined as:
2.1.1. Those persons who are members of low- and moderate-income households as set forth in the HUD User Income Limits Documentation System. See https://www.huduser.gov/portal/datasets/il.html#2023_query. Select “Click Here for FY25 IL Documentation”, under Access Individual Income Limits Areas.
2.1.2. Those persons who have been determined by HUD, based upon most recent Census data, to be low- and moderate-income persons.
2.1.3. Those persons belonging to clientele groups who are generally presumed by HUD to be low and moderate-income persons.
2.2. Abbreviations.
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2.2.1. “BLF” means Business Loan Fund.
2.2.2. “CDBG” means Community Development Block Grant.
2.2.3. The “CDBG Guidebook” or “the Guidebook” means CDBG Guidebook for Public Facilities and Construction Projects. It is updated periodically and available on the Department’s website. 2.2.4. “DLG” means the Division of Local Government in the Department of Local Affairs (DOLA) located at 1313 Sherman Street, Room 521, Denver, Colorado 80203. 2.2.5. “FRC” or “GFRC” means the Governor’s Financial Review Committee. This committee is designated by an Executive Order of the Governor to approve all economic development projects funded with CDBG funds.
2.2.6. “HUD” means the U.S. Department of Housing and Urban Development. 2.2.7. Lead County” means the county acting as the Grantee for this Project. 2.2.8. “State” means the State of Colorado.
3. DELIVERABLES
3.1. Service Area. The service area for this Project is as follows: Eagle, Garfield, Grand, Jackson, Moffat, Pitkin, Rio Blanco, Routt, and Summit Counties.
3.2. Outcome.
3.2.1. If the National Objective described in §3.3.1 below is checked, the Grantee commits that at least 25 full-time equivalent permanent jobs will be directly created and/or retained through the collective
provision of CDBG funds. At least 51% of jobs created and/or retained by each business must be filled by persons as selected in §2.1 above. Grantee shall provide written evidence that the committed number of jobs have been actually created and/or retained by each individual business
and that all businesses collectively meet the requirements in this Exhibit B and the attached Exhibit C. Hiring requirements of persons as selected in §2.1 above must be achieved by each business as well. In the event that there is any deviation from job creation, retention and/or persons’ (as selected in §2.1 above) hiring requirements, Grantee must submit written documentation to substantiate the reasons for such deficiencies at or prior to Project Close Out. If a deficiency exists, a review by the State will be made to determine the ability to close out this Intergovernmental Grant Agreement.
3.2.2. If the National Objective described in §3.3.2 below is checked, the State recognizes that
utilization of the micro-enterprise business financial and technical assistance program may make the job creation/retention requirements referenced above in §3.2.1 unattainable if the micro-enterprise(s) receiving funding meet(s) the definition of Limited Clientele which means that the
owners of the micro-enterprise(s) are persons who are Low and Moderate Income Persons as set forth in in §2.1 above. To the extent that CDGB funds are utilized to provide assistance to such owners of micro-enterprises, Grantee’s job creation/retention commitment may be reduced on a pro-
rata basis. In this case, the Grantee shall provide written documentation that the activity funded is a micro-enterprise activity carried out in accordance with respect to those owners of micro-enterprises assisted under the activity who are Low and Moderate Income Persons. For these purposes, once a
person is determined to be a Low and Moderate Income Person, he/she may be presumed to qualify as such for up to a three-year period.
3.3. National Objective. This Project shall meet the following National Objective(s):
3.3.1. Low/Moderate Income Benefit, jobs. To the extent that the BLF provides assistance to business(es) that commit to create and/or retain full-time equivalent permanent jobs, the Project will involve the employment of persons, the majority of whom are Low and Moderate Income Persons.
3.3.2. Low/Moderate Income Benefit, limited clientele. To the extent that the BLF provides financial and technical assistance to the owners of a micro-enterprise(s) who are Low and Moderate Income Persons as specified in §2.1 above, the Project will benefit a Limited Clientele.
4. PERSONNEL:
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4.1. Responsible Administrator. Grantee’s performance hereunder shall be under the direct supervision of Anita Cameron, Director - Business Lending, (anita@northwestloanfund.org), an employee or agent of Grantee, who is hereby designated as the responsible administrator of this Project.
4.2. BLF Administrator. Grantee’s performance hereunder shall be under the direct supervision of Anita Cameron, Director - Business Lending, (anita@northwestloanfund.org), an employee or agent of Grantee, who is hereby designated as the BLF administrator of this Project.
4.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §4 of this Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §13 of this Intergovernmental Grant Agreement.
4.4. Training. BLF Administrator shall be required to attend all training seminars, including but not limited to the bi-annual BLF meetings unless mutually agreed by the State and the BLF Administrator prior to the training seminar.
5. PAYMENT
Payments shall be made in accordance with the provisions set forth in §5 of this Intergovernmental Grant Agreement. Grantee’s requests for funds from this of this Intergovernmental Grant Agreement shall be for
the reimbursement of actual eligible expenditures and if necessary, an estimation of funds for immediate needs.
5.1. Payment Schedule. Grantee shall disburse Grant Funds received from the State within fifteen days of
receipt. Excess funds shall be returned to the Department.
Payment Amount
Interim or Final Payment(s) $580,000 Paid upon receipt of required supporting documentation and written requests from the Grantee for eligible and approved projects or activities.
Total $580,000
5.2. Interest. Grantee or Subgrantee may keep interest amounts up to $100 per year for administrative expenses.
6. ADMINISTRATIVE REQUIREMENTS
6.1. Reporting.
6.1.1. Annual Survey Report. Grantee shall submit to DOLA staff (with acknowledgement signatures from Grantee and Subgrantee, if applicable), an annual survey/report containing information on the
BLF’s historical and current performance in various areas including all CDBG funds and CDBG Miscellaneous Income. Such annual survey/report shall be in State prescribed format and is due on or before March 31st of each calendar year unless an alternate deadline is provided in writing by
DOLA staff. The annual survey/report shall be required during the term of this Intergovernmental Grant Agreement and shall continue to be required on an annual basis thereafter.
6.1.2. Disclosure Reports. Grantee shall provide updated Disclosure Reports, when applicable as
required by HUD, to DOLA staff.
6.1.3. Financial Status and Progress Report. Grantee shall provide quarterly financial and program reports to DOLA staff in accordance with the Guidebook.
6.1.4. Jobs Report. Grantee shall continue to report to the State information on all persons which fill jobs created and/or retained by assisted businesses and micro-enterprise businesses (if jobs were committed by the micro-enterprise business) until the number of jobs specified in §3.2 above have been met, but in no event shall the report period be less than one (1) year from the effective date of the business assistance agreement, even if this Intergovernmental Grant Agreement has expired,
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unless the Grantee has received a reporting timeframe waiver from the State. In the event the
assisted businesses and applicable micro-enterprise businesses meet or exceed the job requirements Grantee shall ensure that at least 51% of all jobs created/retained (as a result of CDBG funds) are provided to persons as specified in §2.1 above. In the event that CDBG funds are not fully expended, the State may pro-rate the number of jobs that must be created and/or retained accordingly.
6.1.5. Project Completion Report. This report is due within 90 days after completion of the Project, including information regarding the required public hearing, actions taken to Affirmatively Further Fair Housing, Section 3 Report, Final Financial Status Report, and all other documentation required
in the Project Close Out section of the Guidebook, as revised periodically.
6.1.6. Single Audit Report. If Grantee is required to have a single audit, Grantee shall submit a copy of its audit report to DLG within 180 days of its fiscal year-end.
6.2. Businesses Loan Fund Requirements. Grantee shall administer the Business Loan Fund in compliance with applicable laws, regulations, authoritative guidances, program objectives, this Intergovernmental Grant Agreement, and related reporting requirements.
6.2.1. Policies. BLF assistance shall be provided to businesses and/or micro-enterprise businesses according to specific and separate policies developed by the BLF which define the criteria and manner by which assistance shall be provided to applicants. Grantee shall submit its locally
developed BLF program policies and guidelines to DOLA staff for State approval. Varying financial terms and conditions, including loans and/or grants, if so authorized by the State, may be offered by the BLF to micro-enterprise businesses for financial assistance or technical assistance
under its approved program policies and guidelines. On a case-by-case basis, the DOLA staff may authorize loan guarantees, equity interest, or royalty payments in exchange for providing financial assistance to a business.
6.2.2. Local BLF Advisory Committee. BLF Advisory Committee, which is representative of economic development organizations, banks, businesses, local governments and/or other related
professions in the area served by this Intergovernmental Grant Agreement, shall review and approve policies and criteria, and shall directly or through an appointed subcommittee approve all requests for financial assistance prior to submitting to DOLA staff for approval.
6.2.3. State Approval of Funding Request. Grantee shall submit each specific funding request from the BLF and related project descriptions, financial analysis, and terms/conditions to the State in a State prescribed format for review and approval.
6.2.4. Fees. Grantee may charge a business applying for and/or receiving CDBG financial assistance funds reasonable fees associated with processing its application. Application review fee may not exceed $50 and loan origination fees may not exceed 2% of the approved financial assistance
amount. No other fees shall be charged to or collected from the applicant business without express written approval from the DOLA staff. In addition, fees charged to businesses receiving assistance from a micro-enterprise assistance program shall conform to locally approved micro-enterprise
program policies and procedures that have also been approved by the State.
6.2.5. Participation Agreement. Grantee shall not expend or draw down CDBG funds from DOLA until the business and/or micro-enterprise business has negotiated agreements with participating banks, individuals, public agencies and investors which set forth the amounts and terms of each party’s participation in financing projects and which meet all applicable provisions set forth in this Exhibit B. Copies of such agreements shall be obtained by the Grantee/Subgrantee and maintained in its files.
6.2.6. Legal Agreement. Grantee agrees that financial assistance provided to businesses shall be evidenced through legally binding agreements that adhere to federal and state regulations and standard commercial loan documentation where applicable.
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6.2.7. Favorable Terms. In order for a business to be considered to receive terms more favorable than
the standard business financial assistance terms offered by the BLF, the rate of return for such business generally shall not exceed industry standards unless it is appropriate. An appropriate determination is not required for assistance provided to micro-enterprise businesses.
6.2.8. Interest Rate.
6.2.8.1. Interest rates charged to borrowers on the CDBG portion of loans shall be no greater than the prime interest rate (New York Prime as published in the Wall Street Journal) at the time of loan commitment, excluding any processing or service charge imposed on the borrower by the BLF.
6.2.8.2. Interest rates charged to borrowers on the CDBG portion of loans deemed to be of potentially higher risk by the BLF’s Advisority Committee shall be no greater than 2% in excess of the prime interest rate (New York Prime as published in the Wall Street Journal) at
the time of loan commitment, excluding any processing or service charge imposed on the borrower by the BLF.
6.2.8.3. Interest rates charged for micro-enterprise loans shall conform to locally and state
approved program policies and guidelines.
6.2.9. Term. The term of assistance provided to businesses with CDBG funds shall not exceed ten (10) years without specific State approval.
6.2.10. Change in Ownership. Unless otherwise approved by DOLA staff, loan documents for CDBG financial assistance to a business shall specify that the loan shall become due and payable in the event such business is sold, consolidated or merged to an extent that controlling ownership changes
prior to repayment of funds owed. Upon the close out of this of this Intergovernmental Grant Agreement by the State, the requirement for alternative approval from DOLA staff shall no longer be required.
6.2.11. Remedies. Grantee shall exhibit due diligence in pursuit of reasonably available remedies should businesses or micro-enterprise businesses not fulfill contractual provisions under which the
assistance was provided.
6.2.12. Feasibility/Planning Studies. Grantee shall submit all feasibility/planning studies to DOLA staff for State's review and approval. When approved, the State shall provide to Grantee the terms
and conditions specific to each feasibility/planning study.
6.3. Construction. If an approved project includes construction activities, the Grantee shall provide to DLG all necessary forms relating to bidding and construction funded by CDBG funds as outlined in the
Guidebook.
6.4. Procurement. Grantee shall follow appropriate procurement standards as outlined in the Guidebook, including the selection and payment of consultants, architects, and engineers necessary for the
completion of an approved project. Procurement documentation shall be submitted to DOLA staff at the time of occurrence.
6.5. On-site Visits. Grantee shall allow CDBG program representatives to make on-site visits to verify
CDBG program information if reasonable notice has been provided by the State.
6.6. On-site Monitoring. Grantee will notify DLG at least 30 days in advance of Project being completed. On-site monitoring as outlined in the Monitoring section of the Guidebook shall be performed by DLG prior to Project Close-Out. Specific legal agreements and related documentation shall be maintained by the Grantee/Subgrantee and shall be reviewed during the on-site monitoring.
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7. PROJECT BUDGET
Budget Line(s) Total Project Cost Grant Funds Other Funds Other Funds Source Line # Cost Category
1 Business Financial Assistance $1,424,000 $500,000 $924,000 Leverage Sources
2 Administration $256,000 $80,000 $176,000 Sub-grantee
Total $1,680,000 $580,000 $1,100,000
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1 DOLA revised 7/2024
EXHIBIT I-B
Community Development Block Grant Program
APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS
The applicant hereby assures and certifies that:
(a) It possesses:
(1) Legal authority to apply for the grant and to execute the proposed project,
and its governing body has duly adopted or passed as an official act a resolution,
motion or similar action authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing
the applicant's chief executive officer and/or other designated official
representatives to act in connection with the application and to provide such
additional information as may be required; and
(2) Has developed its application, including its projected use of funds, so as
to give maximum feasible priority to activities that will benefit low and moderate
income persons or aid in the prevention or elimination of slums or blight. (The
requirement for this certification will not preclude the State from approving an
application where the applicant certifies and the State determines, that all or part
of the proposed project activities are designed to meet other community
development needs that have arisen during the preceding twelve-month period
and have particular urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community and where other
financial resources are not available to meet such needs.) Furthermore:
(A) With respect to activities it claims benefit low and moderate
income persons, it has determined and documented that not less than
fifty-one percent (51%) of the beneficiaries of the activity are low and
moderate income persons; and
(B) With respect to activities it claims aid in the elimination of
slums or blight, it has determined and documented:
(i) For activities to address slums or blight on
an area basis:
(I) The area meets a definition
of a slum, blighted, deteriorated or deteriorating area under
State or local law;
(II) Throughout the area, at least
twenty-five percent (25%) of the buildings are in a state of
deterioration or two or more types of public improvements
are in a state of deterioration;
(III) Documentation is being
maintained on the boundaries of the area and the condition
which qualified the area at the time of its designation; and
2 DOLA revised 7/2024
(IV) The assisted activity
addresses one or more of the conditions which contributed
to the deterioration of the area.
(V) Rehabilitation will only be
undertaken on residential structures which are not
occupied by low and moderate income persons if such
structures are substandard under local definition, and
provided that all deficiencies making such structure
substandard must be corrected before less critical work on
the structure may be undertaken;
(ii) For activities to address slum or blight on a
spot basis, the activities must be designed to eliminate specific
conditions of blight or physical decay and must be limited to
acquisition, clearance, relocation, historic preservation and
rehabilitation of buildings, but only to the extent necessary to
eliminate specific conditions detrimental to public health and
safety.
(b) It is following a detailed citizen participation plan which:
(1) Provides for and encourages citizen participation with particular emphasis
on participation by persons of low and moderate income who are residents of
slum and blight areas and of areas in which Community Development Block
Grant (CDBG) funds are proposed to be used;
(2) Provides citizens with reasonable and timely access to local meetings,
information, and records relating to its proposed and actual use of CDBG funds;
(3) Provides for technical assistance to groups representative of persons of
low and moderate income that request such assistance in developing proposals
with the level and type of assistance to be determined by the applicant;
(4) Provides for public hearings to obtain citizen views and to respond to
proposals and questions at all stages of the community development program,
including at least the development of needs, the review of proposed activities,
and review of program performance, which hearings shall be held after adequate
notice at times and locations convenient to potential or actual beneficiaries, and
with accommodation for the handicapped;
(5) Provides for a timely written answer to written complaints and grievances,
within 15 working days where practicable; and
(6) Identifies how the needs of non-English speaking residents will be met in
the case of public hearings where a significant number of non-English speaking
residents can be reasonably expected to participate.
(c) It has provided for and encouraged citizen participation, with particular emphasis on
participation by persons of low and moderate income who are residents of slum and
blight areas and of areas in which CDBG funds are proposed to be used, by:
3 DOLA revised 7/2024
(1) Furnishing citizens information concerning the amount of funds available
for proposed community development and housing activities and the range of
activities that may be undertaken, including the estimated amount proposed to be
used for activities that will benefit persons of low and moderate income and its
plans for minimizing displacement of persons as a result of activities assisted
with CDBG funds and to assist persons actually displaced as a result of such
activities;
(2) Publishing a proposed project plan/application in such a manner to afford
citizens an opportunity to examine its content and to submit comments on the
proposed project plan/application and on the community development
performance of the jurisdiction(s);
(3) Holding two or more public hearings, as indicated below, to obtain citizen
views and to respond to proposals and questions related to community
development and housing needs, proposed activities and past CDBG
performance. All hearings were held no sooner than five days after notice, at
times and locations convenient to potential or actual beneficiaries, and with
accommodation for the handicapped and for the needs of non-English speaking
residents where a significant number of such residents could have been
reasonably expected to participate.
Applicant/Participant* Date Time Location
Eagle County _______________
Garfield County _______________
Grand County _______________
Jackson County _______________
Moffat County _______________
Pitkin County 12-4-2024 Noon _______________
Rio Blanco County _______________
Routt County _______________
Summit County _______________
* In the case of a "multi-jurisdictional" application, each participating municipality and county
must hold at least one public hearing.
(4) As applicable, providing citizens with reasonable and timely access to local
meetings, information and records regarding its proposed and past use of
CDBG funds;
(5) In preparing its project plan/application, considering any such comments and
views and, if deemed appropriate, modifying the proposed project
plan/application;
BOCC Meeting Room, 1st Floor
530 E Main St,
Aspen, CO 81611
4 DOLA revised 7/2024
(6) Making the final project plan/application available to the public;
(7) Identifying its community development and housing needs, including the
needs of low and moderate income persons, and the activities to be
undertaken to meet such needs.
(d) In the event it is awarded CDBG funds by the State it will:
(1) Follow a residential anti-displacement and relocation assistance plan which
shall:
(A) In the event of such displacement, provide that:
(i) Governmental agencies or private developers shall provide
within the same community comparable replacement dwellings
for the same number of occupants as could have been housed
in the occupied and vacant occupiable low and moderate
income dwelling units demolished or converted to use other
than for housing for low and moderate income persons, and
provide that such replacement housing may include existing
housing assisted with project based assistance provided under
Section 8 of the United States Housing Act of 1937;
(ii) Such comparable replacement dwellings shall be designed to
remain affordable to persons of low and moderate income for
10 years from the time of initial occupancy;
(iii) Relocation benefits shall be provided for all low or moderate
income persons who occupied housing demolished or
converted to a use other than for low or moderate income
housing, including reimbursement for actual and reasonable
moving expenses, security deposits, credit checks, and other
moving-related expenses, including any interim living costs;
and, in the case of displaced persons of low and moderate
income, provide either:
(I) compensation sufficient to ensure that, for a 5-year
period, the displaced families shall not bear, after
relocation, a ratio of shelter costs to income that
exceeds 30 percent; or,
(II) if elected by a family, a lump-sum payment equal to the
capitalized value of the benefits available under sub
clause (I) to permit the household to secure
participation in a housing cooperative or mutual housing
association.
(iv) Persons displaced shall be relocated into comparable
replacement housing that is:
(I) decent, safe, and sanitary;
(II) adequate in size to accommodate the occupants;
5 DOLA revised 7/2024
(III) functionally equivalent; and,
(IV) in an area not subject to unreasonably adverse
environmental conditions;
(B) persons displaced shall have the right to elect, as an alternative to the
benefits under this subsection to receive benefits under the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970 if such persons determine that it is in their best interest to do so;
and,
(C) where a claim for assistance under subparagraph (A)(iv) is denied by
grantee, the claimant may appeal to the State, and that the decision of
the State shall be final unless a court determines the decision was
arbitrary and capricious.
(2) Comply with the provisions of the above paragraph (1) except that paragraphs
(A)(i) and (A)(ii) shall not apply in any case in which the Secretary of the U.S.
Department of Housing and Urban Development finds, on the basis of
objective data, that there is available in the area an adequate supply of
habitable affordable housing for low and moderate income persons. A
determination under this paragraph is final and not reviewable.
(3) Provide citizens with reasonable notice of, and opportunity to comment on, any
substantial change proposed to be made in the use of CDBG funds from one
eligible activity to another by following the same procedures required in paragraph
(c) for the preparation and submission of the final project plan/application.
(e) It will:
(1) Minimize displacement of persons as a result of activities assisted with CDBG
funds and provide for reasonable benefits to any person involuntarily and
permanently displaced as a result of the use of CDBG funds to acquire or
substantially rehabilitate property;
(2) Affirmatively further fair housing in addition to conducting and administering its
project in conformity with Public Law 88-352 and Public Law 90-284 as certified in
paragraph (h) hereinafter;
(3) Not attempt to recover any capital costs of public improvements assisted in whole
or part with CDBG funds by assessing any amount against properties owned and
occupied by persons of low and moderate income, including any fee charged or
assessment made as a condition of obtaining access to such public
improvements, unless:
(A) CDBG funds are used to pay the proportion of such fee or assessment
that relates to the capital costs of such public improvements that are
financed from revenue sources other than the CDBG program, or
6 DOLA revised 7/2024
(B) for purposes of assessing any amount against properties owned and
occupied by persons of moderate income who are not persons of low
income, it certifies that it lacks sufficient CDBG funds to comply with
the requirements of subparagraph (A);
(f) Its chief executive officer or other officer of the applicant approved by the State:
(1) Consents to assume the status of responsible Federal official under the
National Environmental Policy Act of 1969 (NEPA) and other provisions of
Federal law, as specified in 24 CFR Part 58, which further the purposes of
NEPA, insofar as the provisions of such Federal law apply to the Colorado
Community Development Block Grant (CDBG) Program;
(2) Is authorized and consents on behalf of the applicant and himself/herself to
accept the jurisdiction of the Federal courts for the purpose of enforcement of
his/her responsibilities as such an official.
(g) It will comply with the financial management regulations, policies, guidelines and
requirements set forth in the CDBG Public Facilities and/or Housing Guidebook.
(h) It will comply with:
(1) Section 110 of the Housing and Community Development Act of 1974, as
amended, and any State regulations regarding the administration and
enforcement of labor standards;
(2) Davis-Bacon Fair Labor Standards Act (40 USC 276a - 276a-5) requiring
that, on all prime contracts which exceed $2,000 for federally-assisted
construction, alteration or rehabilitation, laborers and mechanics employed by
contractors or subcontractors shall be paid wages at rates not less than those
prevailing on similar construction in the locality as determined by the
Secretary of Labor. (This requirement applies to the rehabilitation of
residential property only if such property is designed for use of eight or more
families.)
(3) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et
seq.) requiring that mechanics and laborers employed on federally-assisted
contracts which exceed $2,000 be paid wages of not less than one and
one-half times their basic wage rates for all hours worked in excess of forty in
a work week.
(4) Copeland "Anti-Kickback" Act of 1934 (40 USC 276 (c)) prohibiting and
prescribing penalties for "kickbacks" of wages in federally- financed or
assisted construction activities.
(i) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d))
prohibiting discrimination on the basis of race, color, religion or religious
affiliation, or national origin in any program or activity receiving federal
financial assistance.
7 DOLA revised 7/2024
(2) The Fair Housing Act (42 USC 3601-20 and 24 CFR 100-115), as amended,
prohibiting housing discrimination on the basis of race, color, religion, sex,
national origin, handicap, and familial status.
(3) Section 109 of the Housing and Community Development Act of 1974 (42
USC 5309), as amended, providing that no person shall be excluded from
participation (including employment), denied program benefits or subjected to
discrimination on the basis of race, color, national origin or sex under any
program or activity funded in whole or in part under Title I (Community
Development) of the Housing and Community Development Act.
(4) Executive Order 11063 (1962), as amended by Executive Order 12259 and
12892, requiring equal opportunity in housing by prohibiting discrimination on
the basis of race, color, religion, sex or national origin in the sale or rental of
housing built with federal assistance.
(5) Executive Order 11246 (1965), as amended by Executive Orders 11375,
prohibiting discrimination on the basis of race, color, religion, sex or national
origin in any phase of employment during the performance of federal or
federally-assisted contracts in excess of $2,000.
(6) Section 3 of the Housing and Community Development Act of 1968 (12
USC 1701 (u), 24 CFR 570.487, and 24 CFR Part 75), as amended,
providing that, to the greatest extent feasible, opportunities for training and
employment that arise through HUD-financed projects, will be given to
lower-income persons in the unit of the project area, and that contracts be
awarded to businesses located in the project area or to businesses owned, in
substantial part, by residents of the project area.
(7) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended,
providing that no otherwise qualified individual shall, solely by reason of a
handicap, be excluded from participation (including employment), denied
program benefits or subjected to discrimination under any program or activity
receiving federal funds. Effective communication with persons of all types of
disabilities must be ensured.
(8) Age Discrimination Acts of 1968 and 1975, (42 USC 6101-6107), as
amended, providing that no person shall be excluded from participation,
denied program benefits or subjected to discrimination on the basis of age
under any program or activity receiving federal funds.
(9) The Architectural Barriers Act (ABA) of 1968 (42 USC § 4151 et seq.), as
amended, stipulates that all buildings which are (1) financed with Federal
funds, and (2) intended for use by the public, or which may result in
employment or residence therein of physically handicapped persons, be
designed and constructed in accordance with standards prescribed by the
ABA to ensure that such buildings are fully accessible to and usable by
handicapped individuals.
(j) It will comply with:
(1) Section 104(d) of the Housing and Community Development Act of 1974,
as amended (42 USC 5301), known as the "Barney Frank Amendment,"
and the HUD implementing regulations at 29 CRF Part 570, requiring that
8 DOLA revised 7/2024
local grantees follow a residential anti-displacement and relocation assistance
plan which provides for the replacement of all low/moderate-income dwelling
units that are demolished or converted to another use as a direct result of the
use of CDBG funds, and which provides for relocation assistance for all
low/moderate-income households so displaced.
(2) Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended -- Title III, Real Property Acquisition (Pub. L.
91-646 and HUD implementing regulations at 49 CFR Part 24 and 24 CFR
Part 42), providing for uniform and equitable treatment of persons displaced
from their homes, businesses, or farms by Federal or Federally- assisted
programs and establishing uniform and equitable land acquisition policies for
federal assisted programs. Requirements include bona fide land appraisals
as a basis for land acquisition, specific procedures for selecting contract
appraisers and contract negotiations, furnishing to owners of property to be
acquired a written summary statement of the acquisition price offer based on
the fair market price, and specified procedures connected with condemnation.
(3) Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended -- Title II, Uniform Relocation Assistance (Pub.
L. 91-646 and HUD implementing regulations at 49 CFR Part 24), providing
for fair and equitable treatment of all persons displaced as a result of any
federal or federally-assisted program. Relocation payments and assistance,
last-resort housing replacement by displacing agency, and grievance
procedures are covered under the Act. Payments and assistance will be
made pursuant to state or local law, or the grant recipient must adopt a written
policy available to the public describing the relocation payments and
assistance that will be provided. Moving expenses and up to $22,500 or more
for each qualified homeowner or up to $5,250 or more for each tenant are
potential costs.
(k) It will comply with:
(1) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as
amended, and the implementing regulations of HUD (24 CFR Part 58) and of
the Council on Environmental Quality (40 CFR Parts 1500 - 1508) providing
for establishment of national policy, goals, and procedures for protecting,
restoring and enhancing environmental quality.
(2) National Historic Preservation Act of 1966 (16 USC 470 et seq.), as
amended, requiring consideration of the effect of a project on any district, site,
building, structure or object that is included in or eligible for inclusion in the
National Register of Historic Places.
(3) Executive Order 11593, Protection and Enhancement of the Cultural
Environment, May 13, 1971 (36 FR 8921 et seq.) requiring that
federally-funded projects contribute to the preservation and enhancement of
sites, structures and objects of historical, architectural or archaeological
significance.
(4) The Archaeological and Historical Data Preservation Act of 1974,
amending the Reservoir Salvage Act of 1960 (16 USC 469 et seq.),
9 DOLA revised 7/2024
providing for the preservation of historic and archaeological data that would be
lost due to federally-funded development and construction activities.
(5) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR
26951 et seq.) prohibits undertaking certain activities in flood plains unless it
has been determined that there is no practical alternative, in which case notice
of the action must be provided and the action must be designed or modified to
minimize potential damage.
(6) Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR
26961 et seq.) requiring review of all actions proposed to be located in or
appreciably affecting a wetland. Undertaking or assisting new construction
located in wetlands must be avoided unless it is determined that there is no
practical alternative to such construction and that the proposed action includes
all practical measures to minimize potential damage.
(7) Safe Drinking Water Act of 1974 (42 USC 201, 300 f et seq., 7401 et seq.),
as amended, prohibiting the commitment of federal financial assistance for
any project which the Environmental Protection Agency determines may
contaminate an aquifer which is the sole or principal drinking water source for
an area.
(8) The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended,
requiring that actions authorized, funded, or carried out by the federal
government do not jeopardize the continued existence of endangered and
threatened species or result in the destruction or modification of the habitat of
such species which is determined by the Department of the Interior, after
consultation with the State, to be critical.
(9) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as
amended, prohibiting federal assistance in the construction of any water
resources project that would have a direct and adverse affect on any river
included in or designated for study or inclusion in the National Wild and Scenic
Rivers System.
(10) The Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, requiring
that federal assistance will not be given and that license or permit will not be
issued to any activity not conforming to the State implementation plan for
national primary and secondary ambient air quality standards.
(11) HUD Environmental Criteria and Standards (24 CFR Part 51) providing
national standards for noise abatement and control, acceptable separation
distances from explosive or fire prone substances, and suitable land uses for
airport runway clear zones.
(l) It will:
(1) Comply with The Lead-Based Paint Poisoning Prevention Act -- Title IV
(42 USC 4831) prohibiting the use of lead-based paint in residential structures
constructed or rehabilitated with federal assistance, and requiring notification
to purchasers and tenants of such housing of the hazards of lead-based paint
and of the symptoms and treatment of lead-based paint poisoning.
10 DOLA revised 7/2024
(2) Comply with the Armstrong/Walker "Excessive Force" Amendment, (P.L.
101-144) & Section 906 of Cranston-Gonzalez Affordable Housing Act of
1990, which requires that a recipient of HUD funds must certify that they have
adopted or will adopt and enforce a policy prohibiting the use of excessive
force by law enforcement agencies within their jurisdiction against individuals
engaged in nonviolent civil rights demonstrations; or fails to adopt and enforce
a policy of enforcing applicable state and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non-
violent civil rights demonstration within its jurisdiction.
(3) Comply with the "Government-wide Restriction on Lobbying, (P.L. 101-
121), which prohibits spending CDBG funds to influence or attempt to
influence federal officials; which requires the filing of a disclosure form when
non-CDBG funds are used for such purposes; which requires certification of
compliance by the state; and which requires the state to include the
certification language in grant awards it makes to units of general local
government at all tiers and that all subrecipients shall certify accordingly as
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to civil penalty of not less than $10,000
and not more than $100,000 for each failure.
(4) Comply with the Department of Housing and Urban Development Reform
Act of 1989 (24 CFR part 12) requiring applicants for assistance for a specific
project or activity from HUD, to make a number of disclosures if the applicant
meets a dollar threshold for the receipt of covered assistance during the fiscal
year in which an application is submitted. An applicant must also make the
disclosures if it is requesting assistance from HUD for a specific housing
project that involves assistance from other governmental sources.
(5) Give the State, the U.S. Department of Housing and Urban Development
(HUD), and any authorized representatives access to and the rights to
examine all records, books, papers or documents related to the application
and grant; and
(m) It will comply with all parts of Title 1 of the Housing and Community Development Act
of 1974, as amended, which have not been cited previously as well as with other
applicable laws and regulations.
EAGLE COUNTY GARFIELD COUNTY
(Lead Party)
By By
Chair, Eagle County BOCC Chair, Garfield County BOCC
11 DOLA revised 7/2024
GRAND COUNTY JACKSON COUNTY
By By
Chair, Grand County BOCC Chair, Jackson County BOCC
MOFFAT COUNTY PITKIN COUNTY_____________________
By By Greg Poschman
Chair, Moffat County BOCC Chair, Pitkin County BOCC
RIO BLANCO ROUTT COUNTY
By By
Chair, Rio Blanco County BOCC Chair, Routt County BOCC
SUMMIT COUNTY
By
Chair, Summit County BOCC
** Additional signatures are required only in the case of "multi-jurisdictional" applications. If this
is a multi-jurisdictional application, the Chief Elected Official of each municipality and/or county
participating in the application must sign.
DOLA revised 05/2013
Exhibit I-C
(SUGGESTED FORMAT)
CITIZEN PARTICIPATION PLAN
for the Community Development Block Grant (CDBG) Program
Pursuant to Section 104(a)(3) of the Housing and Community Development Act of 1974, as amended, this Citizen
Participation Plan is hereby adopted to ensure that the citizens of Pitkin County , particularly persons of low
and moderate income residing in slum and blight areas and in areas in which CDBG funds are proposed to be
used, are provided the opportunity and encouraged to participate in the planning and implementation of CDBG-
funded activities.
PUBLIC HEARING
Public hearings will be the primary means of obtaining citizen views and responding to proposals and questions
related to community development and housing needs, proposed CDBG activities and past CDBG performance.
Prior to submitting a CDBG application to the State, Pitkin County will conduct at least one public hearing to
identify community development and housing needs, including the needs of low and moderate income persons,
as well as other needs in the community that might be addressed through the CDBG program, and to review
proposed CDBG activities and the past performance of Pitkin County in carrying out its CDBG responsibilities. In
the event CDBG funds are granted by the State, Pitkin County will conduct at least one additional public hearing
to allow citizens to review and comment on its performance in carrying out its CDBG program.
A formal public notice will be published in a newspaper of general circulation in the area at least five (5) days prior
to such public hearings. A public notice will also be posted in the Pitkin County building and in other places
frequented by the public, especially low and moderate income persons and persons benefiting from or affected by
proposed CDBG activities. As circumstances warrant and as Pitkin County determines necessary or appropriate,
participation may additionally be specifically solicited from persons of low and moderate income, those benefiting
from or affected by CDBG activities and/or representatives of such persons. Hearings will be held at times and
locations convenient to potential and actual beneficiaries, and with accommodation for the handicapped. In the
case of public hearings where a significant number of non-English speaking residents can be reasonably
expected to participate, arrangements will be made to have an interpreter present.
PUBLIC INFORMATION AND RECORDS
Information and records regarding the proposed and past use of CDBG funds will be available at Northwest
Colorado Council of governments, 249 Warren Ave., Silverthorne, CO 80498 during regular office hours. The
public will be so informed by public notice. Special communication aids can be made available to persons upon
request.
TECHNICAL ASSISTANCE
Pitkin County will provide technical assistance to groups representative of persons of low and moderate income
that request assistance in developing CDBG proposals. The level and type of assistance appropriate will be
determined by Pitkin County based on its ability to provide or arrange for such assistance, the cost of providing
such assistance and other relevant factors.
WRITTEN COMMENTS AND RESPONSES
Pitkin County will respond to written complaints and grievances in writing in a timely manner. When practicable,
such written responses shall be made within fifteen (15) working days.
Signature of Chief Elected Official Date
NOTE 1: EACH MUNICIPALITY AND COUNTY DIRECTLY PARTICIPATING IN A MULTI-JURISDICTIONAL
APPLICATION IS REQUIRED TO HAVE A CITIZEN PARTICIPATION (CP) PLAN.
NOTE 2: CITIZEN ADVISORY COMMITTEES ARE NOT REQUIRED. IF ONE IS PROPOSED, HOWEVER, ITS
ROLE AND COMPOSITION SHOULD BE INCLUDED IN THIS CP PLAN.
Feb-04-2025
DOLA revised 7/2024
EXHIBIT I-F
RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE
PLAN
for the Community Development Block Grant (CDBG) Program
Pitkin County will replace all occupied and vacant occupiable low/moderate income dwelling
units demolished or converted to a use other than as low/moderate income housing as a direct
result of activities assisted with CDBG funds, as required by Section 104(d) of the Housing and
Community Development Act of 1974, as amended (the Act), and implementing regulations at
24 CFR 570, 24 CFR Part 42, 49 CFR Part 24, and 42 U.S.C. Ch. 61.
All replacement housing will be provided within three years of the commencement of the
demolition or rehabilitation relating to conversion. Before obligating or expending funds that will
directly result in such demolition or conversion, the Pitkin County will make public and
submit to the State the following information in writing:
1. Description of the proposed assisted activity;
2. The general location on a map and approximate number of dwelling units by size
(number of bedrooms) that will be demolished or converted to a use other than
as low/moderate dwelling units as a direct result of the assisted activity;
3. A time schedule for the commencement and completion of the demolition or conversion;
4. The general location on a map and approximate number of dwelling units by size
(number of bedrooms) that will be provided as replacement dwelling units;
5. The source of funding and a time schedule for the provision of replacement dwelling
units; and,
6. The basis for concluding that each replacement dwelling unit will remain a low/moderate
income dwelling unit for at least 10 years from the date of initial occupancy.
Pitkin County will provide relocation assistance, as described in 570.496a(b)(2), to each
low/moderate income household displaced by the demolition of housing or by the conversion of
a low/moderate income dwelling to another use as a direct result of assisted activities.
Consistent with the goals and objectives of activities assisted under the Act, Pitkin County will
take the steps indicated below to minimize the displacement of persons from their homes:*
* The following are examples of steps to minimize displacement. The first two are
required. The others are optional. Only check those which are appropriate for the
project and local circumstances. Add other steps as necessary or appropriate.
X Consider all practical alternatives to any proposed project that may result in residential
displacement. Alternatives to be considered include other sites for the proposed
facilities/project. Also to be considered are the costs and benefits, both financial and
nonfinancial, of each alternative.
DOLA revised 7/2024
X Provide counseling and referral services to assist displacees find alternative housing in
the community.
X Work with area landlords and real estate brokers to locate vacancies for households
facing displacement.
Stage rehabilitation of assisted housing to allow tenants to remain during and after
rehabilitation, working with empty buildings or groups of empty units first so they can be
rehabilitated first and tenants moved in before rehab on occupied units or buildings is
begun.
Establish temporary relocation facilities in order to house families whose displacement
will be of short duration, so they can move back to their neighborhoods after
rehabilitation or new construction.
Evaluate housing codes and rehabilitation standards in reinvestment areas to prevent
their placing undue financial burden on long-established owners or on tenants of multi-
family buildings.
Develop displacement watch systems in cooperation with neighborhood organizations to
continuously review neighborhood development trends, identify displacement problems,
and identify individuals facing displacement who need assistance.
Pitkin County
Signature of Chief Elected Official Date
Greg Poschman
NOTE: EACH MUNICIPALITY AND COUNTY DIRECTLY PARTICIPATING IN A MULTI-
JURISDICTIONAL APPLICATION IS REQUIRED TO HAVE A RESIDENTIAL
ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN.
Dec-12-2024
EXHIBIT I-G
DOLA revised 05/2013
(SUGGESTED FORMAT)
INTERGOVERNMENTAL AGREEMENT
FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
THIS AGREEMENT, made this day of , 20 , by and among the following:
1. Eagle County Colorado
2. Garfield County, Colorado
3. Grand County Colorado
4. Jackson County, Colorado
5. Moffat County Colorado
6. Pitkin County, Colorado
7. Rio Blanco County, Colorado
8. Routt County, Colorado
9. Summit County, Colorado
WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV, Section 18 of the
Colorado Constitution and Section 29-1-201, et. seq., Colorado Revised Statutes, to enter into
intergovernmental agreements for the purpose of providing any service or performing any function which
they can perform individually.
WHEREAS, the parties to this Agreement desire to cooperate in developing and carrying out a
Community Development Block Grant (CDBG) project, the purpose of which is to:
Recapitalize the Northwest (Business) Loan Fund for small business job creation, retention, and
or expansion.
Loan proceeds can be used for:
Equipment
Furniture & Fixtures
Inventory
Raw materials
Working Capital
Business occupied building purchase of existing building
Other fixed assets
NOW THEREFORE, the parties hereby mutually agree as follows:
1. Designation of Lead Party. EAGLE COUNTY shall act as the lead
party in developing and carrying out said proposed CDBG project.
2. Responsibilities of Lead Party. In its capacity of lead party, EAGLE COUNTY
shall by the lead jurisdiction in making application to the State Department of Local Affairs
(State) for CDBG funds and shall be the grantee of the State for such funds, if awarded. As
EXHIBIT I-G
DOLA revised 05/2013
the grantee of the State, it shall be fully and solely responsible to the other parties to this
Agreement for compliance with all financial management, environmental review, labor
standards, civil rights, record-keeping, reporting and other requirements of the CDBG
program contained in the Applicant Statement of Assurances and Certifications, and in the
grant contract with the state, except those specified in Paragraph 3 hereinafter.
3. Responsibilities of All Parties. Each party to this Agreement shall be individually responsible
for compliance with the following requirements of the CDBG program:
a) adopting a required Citizen Participation Plan, and providing to its citizens
information and opportunities to comment as required by the State in
developing an application and substantially changing project activities;
b) identifying its community development and housing needs, including the
needs of low and moderate income persons, and the activities to be
undertaken to meet such needs; and
c) adopting a required Antidisplacement and Relocation Assistance Plan which
calls for replacement of demolished or converted low/moderate income
housing units and provision of necessary relocation assistance; and,
d) taking actions to affirmatively further fair housing.
Furthermore, each party shall provide documentation to EAGLE COUNTY demonstrating its
compliance with the requirements specified in the Paragraph 3 and EAGLE COUNTY
shall retain such documentation and other required records and documents for the period of time
specified by the State.
4. Contracting. EAGLE COUNTY shall contract with
or, with other eligible individuals or entities to carry out all or any portion of the
responsibilities assumed by
EAGLE COUNTY under this Agreement and its grant contract with the State.
5. Term of Agreement. This Agreement shall remain in full force and effect for so long as the
parties to this Agreement are pursuing CDBG funding for said proposed project or, if
awarded, carrying out such project activities. Any party to this Agreement may, however,
terminate its participation in this Agreement six months after providing written notice of such
termination to the other parties of this Agreement. This Agreement may be terminated at
any time by agreement of all parties to this Agreement unless a grant contract is in effect
with the State. In this case, the State must approve such termination and arrangements for
completing the project.
6. Modification and Changes. The terms of this Agreement may be modified or changed at any
time by agreement of all parties to this Agreement.
EXHIBIT I-G
DOLA revised 05/2013
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above
written.
EAGLE COUNTY GARFIELD COUNTY
(Lead Party) (Party)
By By
Chair, Eagle County BOCC Chair, Garfield County BOCC
GRAND COUNTY JACKSON COUNTY _____
(Party)** (Party)**
By By
Chair, Grand County BOCC Chair, Jackson County BOCC
MOFFAT COUNTY PITKIN COUNTY_____________________
(Party)** (Party)**
Greg Poschman______________________
By By
Chair, Moffat County BOCC Chair, Pitkin County BOCC
(Party)** (Party)**
RIO BLANCO ROUTT COUNTY
By By
Chair, Rio Blanco County BOCC Chair, Routt County BOCC
(Party)**
SUMMIT COUNTY
By
Chair, Summit County BOCC
** Additional signatures are required only in the case of "multi-jurisdictional" applications. If this
is a multi-jurisdictional application, the Chief Elected Official of each party participating in the
application must sign.