12-04-2019 EIAF 9155
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency
Department of Local Affairs
Encumbrance Number
F20S9155
Contract Number
148398
Grantee
Town of Avon
Grant Award Amount
$46,000.00
Retainage Amount
$2,300.00
Project Number and Name
EIAF 9155 – Avon Best and Brightest 2019-2020
Performance Start Date
The later of the Effective
Date or December 3, 2019
Grant Expiration Date
December 31, 2021
Project Description
The Project consists of financing a portion of the salary and
benefits costs associated with the employment of an
administrative intern for the Town of Avon.
Program Name
Energy & Mineral Impact Assistance Fund (EIAF)
Local Government Severance Tax Fund (SEV)
Funding Source
STATE FUNDS
Catalog of Federal Domestic Assistance (CFDA) Number
N/A
DOLA Regional Manager
Greg Winkler, (970) 668-6160, (greg.winkler@state.co.us)
Funding Account Codes
N/A
DOLA Regional Assistant
Leah Smith, (970) 248-7313, (leah.smith@state.co.us)
VCUST#
13385
Address
Code CN001 WARR
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER
_______________________________________________
By: Tim Katers, EIAF Program Manager
Date: __________________________________
STATE OF COLORADO
Jared S. Polis, Governor
DEPARTMENT OF LOCAL AFFAIRS
Rick M. Garcia, Executive Director
______________________________________________
By: Rick M. Garcia, 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: Yingtse Cha, Controller Delegate
Department of Local Affairs
Effective Date:_____________________
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EIAF
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CTGG1 NLAA 2020*2519
12/4/2019 | 7:52 AM MST
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TERMS AND CONDITIONS
1. GRANT
As of the Performance Start Date, the State Agency shown on the Summary of Grant Award Terms
and Conditions page of this Grant Award Letter (the “State”) hereby obligates and awards to
Grantee shown on the Summary of Grant Award Terms and Conditions page of this Grant Award
Letter (the “Grantee”) an award of Grant Funds in the amount shown on the Summary of Grant
Award Terms and Conditions page of this Grant Award Letter. By accepting the Grant Funds
provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions
of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award
Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties’ respective performances under this Grant Award Letter 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 Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter by providing Grantee with an updated Grant Award Letter showing the new Grant
Expiration Date or by providing Grantee with an Option Letter in form substantially
equivalent to Exhibit G.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, Federal or other funds used
for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund
this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter
in whole or in part by providing written notice to Grantee. If the State terminates this Grant
Award Letter in the public interest, the State shall pay Grantee an amount equal to the
percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed, as determined by the State,
less payments previously made. Additionally, the State, in its discretion, may reimburse
Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this
Grant Award Letter that are incurred by Grantee and are directly attributable to the
uncompleted portion of Grantee’s obligations, provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This
subsection shall not apply to a termination of this Grant Award Letter by the State for breach
by Grantee.
C. Reserved.
3. AUTHORITY
Authority to enter into this Grant Award Letter exists in the law as follows:
A. Reserved.
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B. State Authority
This Grant Award Letter is funded, in whole or in part, with State funds made available
pursuant to §39-29-110 C.R.S.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Budget” means the budget for the Work described in Exhibit B.
B. Reserved.
C. “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. “Exhibits” means the following exhibits attached to this Grant Award Letter:
i. Exhibit B, Scope of Project
ii. Exhibit G, Form of Option Letter
F. “Extension Term” means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Grant Award Letter
G. Reserved.
H. Reserved.
I. “Goods” means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired, produced,
or delivered by Grantee in connection with the Services.
J. “Grant Award Letter” means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future updates thereto.
K. “Grant Expiration Date” means the Grant Expiration Date shown on the Summary of Grant
Award Terms and Conditions page of this Grant Award Letter. Work performed after the
Grant Expiration Date is not eligible for reimbursement from Grant Funds.
L. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
M. “Incident” means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any State Records.
N. “Initial Term” means the time period between the Performance Start Date and the initial
Grant Expiration Date.
O. Reserved.
P. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
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Q. “Performance Start Date” means the later of the Performance Start Date or the Execution
Date shown on the Summary of Grant Award Terms and Conditions page of this Grant Award
Letter.
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. “PHI” means any protected health information, including, without limitation any information
whether oral or recorded in any form or medium: (i) that relates to the past, present or future
physical or mental condition of an individual; the provision of health care to an individual;
or the past, present or future payment for the provision of health care to an individual; and
(ii) that identifies the individual or with respect to which there is a reasonable basis to believe
the information can be used to identify the individual. PHI includes, but is not limited to, any
information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
T. “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 C.R.S.
U. “Project” means the overall project described in Exhibit B, which includes the Work.
V. Reserved.
W. “Services” means the services performed by Grantee as set forth in this Grant Award Letter,
and shall include any services rendered by Grantee in connection with the Goods.
X. “State Confidential Information” means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PHI, PII,
CJI, and State personnel records not subject to disclosure under CORA.
Y. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
Z. “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.
AA. “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.
BB. Reserved.
CC. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of
the Work. “Subcontractor” also includes sub-grantees.
DD. Reserved.
EE. “Tax Information” means Federal and State of Colorado tax information including, without
limitation, Federal and State tax returns, return information, and such other tax-related
information as may be protected by Federal and State law and regulation. Tax Information
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includes, but is not limited to all information defined as Federal tax information in Internal
Revenue Service Publication 1075.
FF. Reserved.
GG. “Work” means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
HH. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work
Product” does not include any material that was developed prior to the Performance Start
Date that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
5. PURPOSE
The Cathy Shipley Best and Brightest Intern program, a partnership with statewide universities
through their Masters in Political Science and Public Administration programs, provides financial
assistance to designated local governments for a portion of salary and fringe benefit costs to support
an intern position for a period of up to two years with the local government. The purpose of this
Grant is described in Exhibit B.
6. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit B. The State shall have no liability to compensate or reimburse Grantee
for the delivery of any goods or the performance of any services that are not specifically set forth
in this Grant Award Letter.
7. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Award
Amount shown on the Summary of Grant Award Terms and Conditions page of this Grant
Award Letter. Financial obligations of the State payable after the current State Fiscal Year
are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available.
B. Erroneous Payments
The State may recover, at the State’s discretion, payments made to Grantee in error for any
reason, including, but not limited to, overpa yments or improper payments, and unexpended
or excess funds received by Grantee. The State may recover such payments by deduction
from subsequent payments under this Grant Award Letter, deduction from any payment due
under any other contracts, grants or agreements between the State and Grantee, or by any
other appropriate method for collecting debts owed to the State.
C. Reserved.
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D. Reimbursement of Grantee Costs
The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total
amount described in §7.A of this Grant Award Letter for all allowable costs described in this
Grant Award Letter and shown in the Project Costs in Exhibit B.
E. Close-Out
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 Grant Award Letter and Grantee’s final reimbursement
request or invoice.
8. REPORTING – NOTIFICATION
A. Reserved.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting th is
Award.
9. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the 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 Grant Award
Letter using procedures as determined by the State. The State shall monitor Grantee’s
performance in a manner that does not unduly interfere with Grantee’s performance of the
Work.
C. Audits
Grantee shall comply with all State and federal audit requirements.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the 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 Grant
Award Letter. Grantee shall provide for the security of all State Confidential Information in
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accordance with all policies promulgated by the Colorado Office of Information Security
(http://oit.state.co.us/ois) and all applicable laws, rules, policies, publications, and guidelines
including, without limitation: (i) the most recently promulgated IRS Publication 1075 for all
Tax Information, (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. 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 Grant Award Letter. Grantee shall ensure all such agents, employees,
assigns, and Subcontractors sign nondisclosure agreements with provisions at least as
protective as those in this Grant, and that the nondisclosure agreements are in force at all
times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the 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.
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.
11. 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
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arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State’s consideration.
12. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, 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.
13. REMEDIES
In addition to any remedies available under any Exhibit to this Grant Award Letter, if Grantee fails
to comply with any term or condition of this Grant, the State may terminate some or all of this
Grant and require Grantee to repay any or all Grant Funds to the State in the State’s sole discretion.
The State may also terminate this Grant Award Letter at any time if the State has determined, in
its sole discretion, that Grantee has ceased performing the Work without intent to resume
performance, prior to the completion of the Work.
14. DISPUTE RESOLUTION
Except as herein specifically provided otherwise, disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or official designated by Grantee for resolution.
15. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
email to the representative of the other Party. Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this §15.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
17. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions, committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C.
Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501,
et seq. C.R.S. No term or condition of this Grant Award Letter shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, or protections of any of
these provisions.
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18. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee’s rights and
obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to the
Work, oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant
Award Letter or by issuance of an executed Option Letter, which shall be effective if Grantee
accepts Grant Funds following receipt of the letter. The Parties may also agree to
modification of the terms and conditions of the Grant in a formal amendment to this Grant,
properly executed and approved in accordance with applicable Colorado State law and State
Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Performance Start Date. Grantee shall strictly
comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. Order of Precedence
In the event of a conflict or inconsistency between this Grant Award Letter and any Exhibits
or attachment, such conflict or inconsistency shall be resolved by reference to the documents
in the following order of priority:
i. The provisions of any executed amendments or option letters to this Grant Award Letter
ii. The provisions of this Grant Award Letter
iii. The provisions of any exhibits to this Grant Award Letter
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G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, 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 Grant Award Letter Terms
Any provision of this Grant Award Letter 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.
I. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties. Any services or benefits which third 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 Grant Award
Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any
single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
K. Reserved.
L. Digital Signatures
If any signatory signs this Grant 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 Grant by reference.
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EXHIBIT B – SCOPE OF PROJECT (SOP)
1. PURPOSE
1.1. Energy Impact. The purpose of the Energy and Mineral Impact Assistance Program is to assist
political subdivisions that are socially and/or economically impacted by the development, processing,
or energy conversion of minerals and mineral fuels.
2. DESCRIPTION OF THE PROJECT(S) AND WORK
2.1. Project Description. The Project consists of financing a portion of the salary and benefits costs
associated with the employment of an administrative intern for the Town of Avon (Grantee).
2.2. Work Description. The Grantee will employ the administrative intern for approximately a 24-month
period and the intern will work under the direction of an individual designated by the Grantee. The
administrative intern (Best & Brightest or B&B) program provides a cost-effective way to help support
the increasing administrative needs of small, rural jurisdictions in Colorado. Additionally, the program
provides students the opportunity to gain valuable working experience while completing their graduate
degree.
2.2.1. The intern hired must be a graduate of an accredited institution of higher education with at least a
bachelor degree, and be enrolled in the University of Colorado at Denver Masters in Political
Science New Directions Program, Graduate School of Public Affairs, or Adams State University
Master’s in Public Administration program and maintain good standing in the program.
2.2.2. The Grantee will develop and use a job description for the administrative intern position. The
Grantee anticipates that the intern will perform a variety of administrative duties in the day-to-day
operation of the Grantee, as specified in the job description, and will carry out the directives of the
governing board or their designee. In addition, the intern will be involved with a variety of
administrative functions including, but not limited to, budgeting, financial management/reporting,
grant writing and administration, planning and land use management, capital improvements
planning and implementation, economic development, communication with state and federal
government agencies, intergovernmental relations and research.
2.2.3. The Grantee’s designee will, with the intern, set priorities and schedule the work to be
accomplished by the intern, taking into consideration the jurisdiction’s most immediate needs, the
intern’s specific skills, and available time to accomplish the work. The Grantee’s designee will
meet with the intern on a quarterly basis to evaluate the progress of the intern and set priorities for
the future.
2.2.4. In the event a vacancy should occur in the administrative intern position, the Grantee will
advertise, interview, and employ a replacement for the position through the University of
Colorado at Denver Masters in Political Science New Directions program or Graduate School of
Public Affairs, or Adams State University Master’s in Public Administration program.
2.2.5. A Four-part Roles and Responsibilities Document will be signed by each participating entity. The
document reads:
RESPONSIBILITIES OF THE PARTICIPATING LOCAL JURISDICTIONS
1. To provide a work plan and mentoring plan to ensure the successful integration of the
intern into the local jurisdiction work setting;
2. To hire the intern within the parameters of the local human resource process, including
background checks etc.;
3. To provide an office space and appropriate equipment necessary to complete tasks
assigned to the intern;
4. To provide on-going feedback and guidance to the intern to ensure satisfactory program
progress, including a 6 month performance review;
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5. To actively participate in communication between and among participating jurisdictions,
interns, and DOLA;
6. To assist the University and interns with identifying appropriate Master’s Project subject
matter;
7. To assist interns with making alternative arrangements at any point that a specific
intern/jurisdiction match proves detrimental to either the intern or jurisdiction;
8. To notify the University and DOLA if the original mentor for the intern is no longer
employed by the local jurisdiction;
9. To assist the intern, as much as is feasible, in finding permanent employment at the
conclusion of the two year internship program;
10. To make a concerted effort to improve and enhance the internship program through
participation in intern/DOLA/University meetings and workshop sessions and through
feedback to the University and DOLA on ways to further build program effectiveness.
EXPECTATIONS OF THE DOLA REGIONAL MANAGER
1. To meet with the intern and mentor, either separately or together, at least once per quarter
during the internship;
2. To advise the University of any issues that arise between interns and/or local jurisdictions;
3. To find new mentors for students in the event the original mentor leaves the jurisdiction;
4. To work with the University programs to place a new intern in a local jurisdiction if the
original intern leaves the position;
5. To work with each jurisdiction to identify training opportunities;
6. To work towards continued improvement of the program through communication and
feedback.
EXPECTATIONS OF INTERNS
1. To successfully complete the required courses and maintain good standing in the graduate
program with a minimum of a B average each semester;
2. To take courses in a timely manner so that the intern can complete his/her Master's project
no later than three years from admission to the MA Program;
3. To produce a Master's Project that addresses an issue or need relevant to the jurisdiction of
the internship;
4. To commit to working with the chosen jurisdiction for 40 hours per week (may include
some evenings and weekends) for the two full calendar years of the program outside of
any unforeseen personal circumstances that might render the intern incapable of fulfilling
the commitment, or circumstances within the placement that jeopardize the intern’s
integrity, physical or mental health, or safety;
5. To work with immediate supervisors and/or other appropriate individuals within the
internship jurisdiction to ensure that the internship is meeting both the educational and
professional growth needs of the intern and the needs of the jurisdiction;
6. To seek the assistance of the appropriate DOLA contact person or field representative
serving their jurisdiction when faced with workplace challenges or problems that the
intern believes he/she needs confidential guidance in resolving;
7. To seek the assistance of the Director of the MPA Program with internship challenges
related to personal academic and/or professional growth issues;
8. To notify the Director of the University MPA Program of any problems that might prevent
the intern from taking a course during any given semester;
9. To adhere to the professional norms of the placement jurisdiction and represent the
jurisdiction, the University, and DOLA with the highest level of integrity at all times.
RESPONSIBILITIES OF THE UNIVERSITY PARTNERS
1. To provide courses needed for the completion of the Master's degree in Political Science
(or MPA) with an area of emphasis on local government, politics, and public policy;
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2. To offer courses according to a schedule that will permit students to complete the Master's
degree within the two years of the internship;
3. To help facilitate communication between and among participating jurisdictions, interns,
and DOLA;
4. To assist jurisdictions and interns with identifying appropriate Master’s Project subject
matter;
5. To assist interns and jurisdictions with making alternative arrangements at any point that a
specific intern/jurisdiction match proves detrimental to either the intern or jurisdiction;
6. To coordinate, as much as possible, classes offered with local government schedules;
7. To continually make a concerted effort to improve the internship program and enhance
existing intern/jurisdiction relationships through clarification of the program’s structure
and goals, information about opportunities that might benefit interns and/or their
jurisdictions, and the provision of academic and technical support.
2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required
documentation to DOLA as specified herein.
2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion.
2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate
Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant.
DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying
with the terms of this Grant.
2.5. Eligible Expenses. Eligible expenses shall include: up to 24 months of salary and benefits costs of the
intern. Grant Funds will pay 50% of salary and benefit costs of the intern, to a maximum of $22,000
per year. The Grantee will contribute at least $20,000 annually for each of two years. The Grantee is
responsible for any salary and benefits and/or any Project costs in excess of $23,000 in either year.
3. DEFINITIONS
3.1. “Cumulative Budgetary Line Item Changes” means a cumulative or increasing accumulation of
additional expenses within a specific line item as listed in §6.2 Budget within this Exhibit B.
3.2. Project Budget Line Items.
3.2.1. “Personnel Services Costs” means program-specific allowable salary and benefits costs.
3.2.2. “Operations/Program Costs” means supplies, vehicle costs such as mileage or gas purchases,
telephone and internet costs, meeting costs, copies, and printing.
3.3. “Substantial Completion” means the Work is sufficiently complete in accordance with the Grant so it
can be utilized for its intended purpose without undue interference.
4. DELIVERABLES
4.1. Outcome. The final outcome of this Grant is providing a cost-effective way to help support the
increasing administrative needs of small, rural jurisdictions in Colorado while providing students the
opportunity to gain valuable working experience while completing their graduate degree.
4.2. Service Area. The performance of the Work described within this Grant shall be located in Avon,
Colorado.
4.3. Performance Measures. Grantee shall comply with the following performance measures:
Milestone/Performance Measure/Grantee will: By:
Hire the B&B intern. By January 1, 2020
Submit Quarterly Pay Requests See §4.5.2 below
Submit Quarterly Status Reports See §4.5.2 below
Submit Project Final Report March 31, 2022
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4.4. Budget Line Item Adjustments.
4.4.1. Grantee may request that DOLA move Grant Funds between and among budget line items, so long
as the total amount of Grant Funds remains unchanged. To make such budget line item changes,
DOLA will use an Option Letter (Exhibit G).
4.4.2. Grantee may increase or decrease the amount of any one or any combination of budget line items
of “Other Funds” as described in §6.2, or move funds between and among budget line items of
such “Other Funds,” so long as the total amount of such “Other Funds” is not less than the amount
set forth in §6.2 below. Grantee may increase the Total Project Cost with “Other Funds” and such
change does not require an amendment. DOLA will verify the Grantee’s contribution of “Other
Funds” and compliance with this section at Project Closeout.
4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter
following execution of this Grant and for each quarter thereafter until termination of this Grant,
Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State
shall pay the Grantee for actual expenditures made in the performance of this Grant based on the
submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests
setting forth a detailed description and provide documentation of the amounts and types of
reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the
quarter but may be submitted more frequently at the discretion of the Grantee.
4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0) in the
request and specify status of the Work in the Status Report. The report will contain an update of
expenditure of funds by line item as per §6.2 of this Exhibit B Scope of Project as well as a
projection of all Work expected to be accomplished in the following quarter, including an estimate
of Grant Funds to be expended.
4.5.2. Specific submittal dates.
Quarter Year Due Date Pay Request Status Report
1st (Jan-Mar) 2020 April 30, 2020 Yes Yes
2nd (Apr-Jun) 2020 July 30, 2020 Yes Yes
3rd (Jul-Sep) 2020 October 30, 2020 Yes Yes
4th (Oct-Dec) 2020 January 30, 2021 Yes Yes
1st (Jan-Mar) 2021 April 30, 2021 Yes Yes
2nd (Apr-Jun) 2021 July 30, 2021 Yes Yes
3rd (Jul-Sep) 2021 October 30, 2021 Yes Yes
4th (Oct-Dec) 2021 January 30, 2022 Yes Yes
4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local
Affairs in any and all materials or events designed to promote or educate the public about the Work and
the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press
conferences, presentations and brochures/pamphlets.
5. PERSONNEL
5.1. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this
Exhibit B cease to serve. If Grantee replaces its named personnel, it shall notify the State in writing of
the change, who the replacement is, and the effective date of the change.
5.2. Responsible Administrator. Grantee’s performance hereunder shall be under the direct supervision of
Eric Heil, Town Manager, (eheil@avon.org), an employee or agent of Grantee, who is hereby
designated as the responsible administrator of this Project under this §5. If this person is an agent of the
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Grantee, such person must have signature authority to bind the Grantee and must provide evidence of
such authority.
5.3. Other Key Personnel. None.
5.4. DLG Regional Manager: Greg Winkler, (970) 668-6160, (greg.winkler@state.co.us)
5.5. DLG Regional Assistant: Leah Smith, (970) 248-7313, (leah.smith@state.co.us)
6. FUNDING
The State provided funds shall be limited to the amount specified under the “Grant Funds” column of §6.2,
Budget, below.
6.1. Matching/Other Funds. Grantee shall provide at least $40,000 of the Total Project Cost as
documented by Grantee and verified by DOLA at Project Closeout. Initial estimates of Grantee’s
contribution are noted in the “Other Funds” column of §6.2 below. Increases to Grantee’s contribution
to Total Project Cost do not require modification of this Grant Agreement and/or Exhibit B.
6.2. Budget
Budget Line Item(s) Total Cost Grant
Funds
Other
Funds
Other Funds
Source
Personnel Services Costs
(24 months)
$84,000 $44,000 $40,000 Grantee
Operating/Program Costs $2,000 $2,000 $0 Grantee
Total $86,000 $46,000 $40,000
7. PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant.
7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or
Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to
such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to
DOLA.
Payment Amount
Interim Payment(s) $43,700 Paid upon receipt of actual expense documentation
and written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $2,300 Paid upon Substantial Completion of the Project (as
determined by the State in its sole discretion),
provided that the Grantee has submitted, and DOLA
has accepted, all required reports.
Total $46,000
7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for
administrative expenses.
8. ADMINISTRATIVE REQUIREMENTS
8.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided forms.
DOLA may withhold payment(s) if such reports are not submitted timely.
8.1.1. Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to
DOLA in accordance with §4.6 of this Exhibit B.
8.1.2. Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final
Pay Request and Status Report to DOLA.
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8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to audit the
records for activities performed under this Grant. Grantee shall maintain a complete file of all records,
documents, communications, notes and other written materials or electronic media, files or
communications, which pertain in any manner to the operation of activities undertaken pursuant to an
executed Grant. Such books and records shall contain documentation of the Grantee’s pertinent activity
under this Grant in accordance with Generally Accepted Accounting Principles.
8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if any,
during the term of this Grant. Results of such monitoring shall be documented by Grantee and
maintained on file.
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EXHIBIT G – Sample OPTION LETTER
OPTION LETTER
Date: Original Grant Agreement CMS #: CMS Routing #
1) OPTIONS: Choose all applicable options listed in §1 and in §2
a. Option to extend (use this option for Extension of Time)
b. Change in the maximum Grant Funds dollar amount within current term (use this option for an
Increase or Decrease in Grant Funds, including Supplemental funding awards)
c. Budget Line Item Adjustment(s) – reallocation of awarded Grant Funds to Budget Line Item(s)
(use this Option to redistribute existing Grant Funds between budget lines)
2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below:
a. For use with Option 1(a): In accordance with Section 5(A) of the original Grant Agreement between the State
of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's Name, the State
hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date.
Tables in Sections 4.3 and 4.5.2 of Exhibit B are deleted and replaced with the following:
Milestone/Performance Measure By:
Provide DOLA with job description for the administrative intern position. Within 60 days of the Effective
Date of this Grant Agreement.
Hire the B&B intern. Within 60 days of the Effective
Date of this Grant Agreement.
Submit Monthly Pay Requests See §4.5.2 below
Submit Monthly Status Reports See §4.5.2 below
Submit Project Final Report [give date certain]
Quarter Year Due Date Pay Request Status Report
1st (Jan-Mar) 2018 April 30, 2018 Yes Yes
2nd (Apr-Jun) 2018 July 30, 2018 Yes Yes
3rd (Jul-Sep) 2018 October 30, 2018 Yes Yes
4th (Oct-Dec) 2018 January 30, 2019 Yes Yes
1st (Jan-Mar) 2019 April 30, 2019 Yes Yes
2nd (Apr-Jun) 2019 July 30, 2019 Yes Yes
3rd (Jul-Sep) 2019 October 30, 2019 Yes Yes
4th (Oct-Dec) 2019 January 30, 2020 Yes Yes
1st (Jan-Mar) 2020 April 30, 2020 Yes Yes
b. For use with Option 1(b): In accordance with Section 7(A) of the original Grant Agreement between the State
of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's Name, the State
hereby exercises its option to increase/decrease Grant Funds awarded for this Project in an amount equal to amt of
increase or (decrease), from beginning dollar amt to ending dollar amt. The maximum amount in Section 7.A.
of the main body of the Grant is hereby changed to ending dollar amt. The Budget table in Section 6.2 and the
Payment Schedule in Section 7.1, both of Exhibit B, are deleted and replaced with the following:
Budget Line Item(s) Total Cost Grant Funds Other Funds Other Funds Source
Personnel Services Costs (24
months)
$77,000 $42,000 $35,000 Grantee
Operating/Program Costs $0 $0 $0 Grantee
Total $77,000 $42,000 $35,000
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Payment Amount
Interim Payment(s) Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for reimbursement of
eligible approved expenses.
Final Payment Paid upon Substantial Completion of the Project (as
determined by the State in its sole discretion), provided that
the Grantee has submitted, and DOLA has accepted, all
required reports.
Total
c. For use with Option 1(c): In accordance with Section 6.2 of Exhibit B of the original Grant Agreement
between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's
Name, the State hereby exercises its option to re-allocate awarded Grant Funds within the Project Budget. The
Budget table in Section 6.2 of Exhibit B is deleted and replaced with the following:
Budget Line Item(s) Total Cost Grant Funds Other Funds Other Funds Source
Personnel Services Costs (24
months)
$77,000 $42,000 $35,000 Grantee
Operating/Program Costs $0 $0 $0 Grantee
Total $77,000 $42,000 $35,000
3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or , whichever
is later.
STATE OF COLORADO
Jared S. Polis GOVERNOR
Colorado Department of Local Affairs
By: ____________________________________
Rick M. Garcia, Executive Director
Date: ___________________
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State contracts. This Option Letter is not valid until signed
and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time.
If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such
performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ____________________________________
Yingtse Cha, Controller Delegate
Effective Date: ___________________
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