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HomeMy WebLinkAbout09397 ORDINANCE NO. 9397 AN ORDINANCE APPROVING AND ACCEPTING A COLORADO DEPARTMENT OF LOCAL AFFAIRS DEFENSE COUNSEL FIRST APPEARANCE GRANT, ESTABLISHING PROJECT PS1814, AND BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $136,800 WHEREAS, effective July 1, 2018 the Colorado State Legislature amended C.R.S. § 13-10-114.5 to require that all defendants before the municipal court who are in custody and face a possible jail sentence be provided court appointed counsel at their first appearance advisement of rights session; and WHEREAS, The Department of Local Affairs (DOLA) created the Defense Counsel First Appearance Grant Program (DCFA) to reimburse in whole or in part, costs associated with the provisions of C.R.S. § 13-10-114.5; and WHEREAS, the City of Pueblo Municipal court requested funds from the DCFA to be used to defray the cost of compliance with C.R.S. § 13-10-114.5; and WHEREAS, DOLA granted the Pueblo Municipal Court’s requested and awarded the Pueblo Municipal Court $136,800 in DCFA funds. DOLA’s offer to award grant funds is valid until October 30, 2019; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Colorado Department of Local Affairs grant award in the amount of $136,800.00 is hereby accepted and approved. SECTION 2. Project PS1814 is hereby established, and funds in the amount of $136,800.00 are budgeted and appropriated therefore. SECTION 3. The Presiding Municipal Court Judge is directed and authorized to perform any and all acts consistent with C.R.S. § 13-10-114.5 and the DCFA. SECTION 4. This Ordinance shall become effective immediately upon final passage. INTRODUCED: December 26, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: January 14, 2019 City Clerk’s Office Item # R-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 26, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Carla Sikes, Municipal Court Judge SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A COLORADO DEPARTMENT OF LOCAL AFFAIRS DEFENSE COUNSEL FIRST APPEARANCE GRANT, ESTABLISHING PROJECT PS1814, AND BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $136,800 SUMMARY: This Ordinance approves the acceptance of $136,800.00 in DOLA grant funds to help defray the cost of court appointed counsel. PREVIOUS COUNCIL ACTION: There has been no previous City Council action with regards to this Ordinance. BACKGROUND: Effective July 1, 2018 the Colorado State Legislature amended C.R.S. § 13-10-114.5 to require that all defendants before the municipal court who are in custody and face a possible jail sentence be provided court appointed counsel at their first appearance advisement of rights session. The Department of Local Affairs (DOLA) created the Defense Counsel First Appearance Grant Program (DCFA) to reimburse in whole or in part, costs associated with the provisions of C.R.S. § 13-10-114.5. The City of Pueblo Municipal court requested funds from the DCFA to be used to defray the cost of compliance with C.R.S. § 13-10-114.5. FINANCIAL IMPLICATIONS: This grant will help defray the cost associated with court appointed counsel. There is no matching funds required from the City. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: Deny the grant award and appropriation of funds. Municipal Court will continue to pay for court appointed counsel out of its current budget. RECOMMENDATION: Recommend approval. Attachments: Grant Terms and Conditions STATE OF COLORADO Page 1 of 1 C O Department of Local Affairs COLORADO ON 11::1(' I IN1I'01a :\N I Number: CTGGI,NLAA,201900002628 The order number and line number must appear on all Date: invoices,packing slips,cartons,and correspondence. Description: Please review each line for its corresponding shipping/ billing address and delivery instructions. F 19DCFA 18002 Court Appointed Counsel 2018 State Award: Effective Date: - Ex iration Date: 09/01/23 Buyer: Email: NI)Ok CITY OF PUEBLO PO BOX 1427 PUEBLO,CO 81002-1427 Contact: Carla Sikes Phone: 111-1 11-1111 Il NI)i_1) 1)1:SCRIP] ION Version I CMS#121559 ■•f '`h'k-�,,� j k'w �y? ���ys�.r:' v' r� n +, ,t r �;r a.a,�-°/.��3�y�o-..���: n .. � G1000 0 0.00 $136,800.00 0 Description: DC 1902 Personnel Services Costs Service From: - Service To: 06/30/20 DIVISION OF LOCAL GOVERNMENT DIVISION OF LOCAL GOVERNMENT 1313 SHERMAN ST, RM 521 1313 SHERMAN ST, RM 521 DENVER,CO 80203 DENVER, CO 80203 II la IS .ANI) (ONI)I'IIONS Refer to the fully executed Contract or Agreement. DOCUMENT TOTAL=S136400.00 SUMMARY OF GRANT AWARD TERMS AND CONDITIONS State Agency Encumbrance Number CMS Number Department of Local Affairs FI9DCFA18002 121559 Grantee Grant Award Amount CITY OF PUEBLO $136,800.00 Project Number and Name Performance Start Date Grant Expiration Date DCFA-18-002 Pueblo Court Appointed Counsel 2018 The later of the Effective Date 09/01/2023 or 10/30/2018 Project Description Program Name The Project consists of reimbursing the City of Pueblo for _Defense Counsel First Appearance Grant Program(DCFA) costs associated with providing legal counsel to defendants Funding Source at their first appearance in municipal courts. STATE FUNDS Catalog of Federal Domestic Assistance(CFDA)Number N/A DOLA Program Manager Funding Account Codes Shawn Marandi.(303)864-8479 N/A Shawn.marandi(Fstate.co.us THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT STATE OF COLORADO In accordance with§24-30-202 C.R.S.,this Grant is not valid John W.Hickenlooper,Governor until signed and dated below by the State Controller or an DEPARTMENT OF LOCAL AFFAIRS authorized delegate(the"Effective Date"). Iry Halter,Executive Director , STATE CONTROLLER %� Robert Jaros,CPA,MBA,JD i rqk 2110011111••••MO,alter,Executive Direc r ' 1 / , i Iti s ha,C�troller Delegate I. I4/1-.1 6Department of Local AffairsDate: Date: I t t ZaO i t I t 1 F 1 1 1 1 l t t i • i 1 1 i i DCFA-18-002 Pueblo Court Appointed Counsel 2018 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 or an executed Option Letter showing the new Grant Expiration Date. 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. B. State Authority Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101. This Grant Award Letter is funded, in whole or in part, with State funds. Page 2 of 12 Version 0717 DCFA-18-002 Pueblo Court Appointed Counsel 2018 4. DEFINITIONS The following terms shall be construed and interpreted as follows: A. Rel erved. B. Reserved. C. "CORA"means the Colorado Open Records Act, §§24-72-200.] et. seq., C.R.S. D. "Exhibits"means the following exhibits attached to this Grant Award Letter: i. Exhibit B, Scope of Project ii. Exhibit G, Form of Option Letter E. "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, an amendment,or an Option Letter. F. Reserved. G. Reserved. H. "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. I. "Grant Award Letter" or "Grant" 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. J. "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. K. "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 Grant Award Letter. L. "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. M. "Initial Term" means the time period between the Performance Start Date and the initial Grant Expiration Date. N. Reserved. O. "Other Funds" means all funds necessary to complete the Project, excluding Grant Funds. Grantee is solely responsible for securing all Other Funds. P. "Party" means the State or Grantee, and"Parties" means both the State and Grantee. • 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. Reserved. • S. Reserved. Page 3 of 12 Version 0717 • DCFA-18-002 Pueblo Court Appointed Counsel 2018 T. Reserved. U. "Project"means the overall project described in Exhibit B, which includes the Work. V. "Project Budget"means the amounts detailed in §6.2 of Exhibit B. W. Reserved. X. Reserved. Y. "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. Z. "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 State personnel records not subject to disclosure under CORA. AA. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. BB. "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. CC. "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. DD. Reserved. EE. "Subcontractor" means third-parties, if any, engaged by Grantee to aid in performance of the Work. "Subcontractor"also includes sub-grantees. FF. Reserved. GG. Reserved. HH. Reserved. II. "Work" means the delivery of the Goods and performance of the Services described in this Grant Award Letter. JJ. "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 purpose of the Defense Counsel First Appearance Grant Program is to reimburse local governments, in part or in full, for costs associated with the provision of defense counsel to defendants at their first appearances in municipal court. The purpose of this Grant is described in Exhibit B. Page 4 of 12 version 0717 • DCFA-18-002 Pueblo Court Appointed Counsel 2018 6. SCOPE OF PROJECT 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. i. The State may increase or decrease the Grant Award Amount by providing Grantee with an updated Grant Award Letter or an executed Option Letter showing the new Grant Award Amount. ii. 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. iii. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. B. Erroneous Payments The State may recover, at the State's discretion, payments made to Grantee in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee. The State may recover such payments by deduction from subsequent payments under this Grant Award Letter, deduction from any payment due under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for collecting debts owed to the State. C. Matching Funds. Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B(the "Local Match Amount"). Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Grant Award Letter each fiscal year prior to accepting any Grant Funds for that fiscal year.Grantee does not by accepting this Grant Award Letter irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant Award Letter 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 The State shall reimburse Grantee's allowable costs, not exceeding the maximum total amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the Project Budget in Exhibit B. 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 Page 5 of 12 Version 0717 DCFA-18-002 Pueblo Court Appointed Counsel 2018 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 Grant Award Letter and Grantee's final reimbursement request or invoice. Any Grant Funds remaining after submission and payment of Grantee's final reimbursement request are subject to de-obligation by the State. S. 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 §7.E. B. Violations Reporting Grantee shall disclose,in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting this Award. 9. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials,electronic media files,and communications,pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the 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 Page 6 of 12 Version 0717 1 DCFA-18-002 Pueblo Court Appointed Counsel 2018 Award Letter. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security (http://oit.state.co.uslois)and all applicable laws,rules,policies,publications,and guidelines. 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 arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Page 7 of 12 Version 0717 • DCFA-18-002 Pueblo Court Appointed Counsel 2018 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. Page 8 of 12 Version 0717 DCFA-18-002 Pueblo Court Appointed Counsel 2018 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 othenvise noted. C. Entire Understanding This Gram 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, 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 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. Colorado Special Provisions ii. Any executed Option Letter iii. The provisions of the other sections of this Grant Award Letter. iv. The provisions of any exhibits to this Grant Award Letter. 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 Page 9 of 12 Version 0717 • DCFA-18-002 Pueblo Court Appointed Counsel 2018 remain in full force and effect, provided that the Parties can continue to perform their obligations tinder 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. 19. COLORADO SPECIAL PROVISIONS A. The Special Provisions apply to all Grants except where noted in italics. i. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. ii. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted,and otherwise made available. iii.GOVERNMENTAL IMMUNITY. No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act,28 U.S.C. §§1346(b)and 2671 et seq., as applicable now or hereafter amended. iv.INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any Grant, liability or understanding, except as expressly set forth herein. Grantee shall (a)provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b)provide proof thereof when Page 10 of 12 Version 0717 DCFA-I8-002 Pueblo Court Appointed Counsel 2018 requested by the State, and(c)be solely responsible for its acts and those of its employees and agents. v. COMPLIANCE WITH LAW. Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. vi.CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. vii. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Grant or incorporated herein by reference shall be null and void. viii.SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Grant shall not be used for the acquisition, operation,or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including,without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. ix.EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. x. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5),the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c)unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e)other unpaid debts owing to the State as a result of final agency determination or judicial action. Page 11 of 12 Version 0717 DCFA-18-002 Pueblo Court Appointed Counsel 2018 xi.PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or find management services, sponsored projects, intergovernmental Agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Grant and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the Subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d)shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. xii.PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101. Grantee, if a natural person eighteen(18)years of age or older, hereby swears and affirms under penalty of perjury that he or she(a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5- 101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the Effective Date of this Grant. (Special Provisions-effective 1/1/09) THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 12 of 12 Version 0717 DCFA-18-002 Pueblo Court Appointed Counsel 2018 EXHIBIT B—SCOPE OF PROJECT(SOP) 1. PURPOSE 1.1. Defense Counsel First Appearance. The purpose of the Defense Counsel First Appearance Grant Program is to reimburse local governments, in part or in full, for costs associated with the provision of defense counsel to defendants at their first appearances in municipal court. 2. DESCRIPTION OF THE PROJECT(S)AND WORK 2.1. Project Description. The Project consists of providing reimbursement to local governments for costs associated with the provision of legal counsel to defendants at their first appearance in municipal courts. 2.2. Work Description. The City of Pueblo(Grantee)shall provide defense counsel to certain defendants at their first appearance in municipal courts. The Grantee will document the number of hours this counsel was provided on a monthly basis,and will provide this data in quarterly reports to the Department of Local Affairs. 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: costs associated with the provision of legal counsel to defendants for their first appearance in municipal courts. 3. DEFINITIONS 3.1. Project Budget Lines. 3.1.1. "Personnel Services Costs"means program-specific allowable salary and benefits costs. 3.2. "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 to provide financial relief in the form of reimbursement to local governments to offset the cost of providing legal counsel to defendants at their first appearance in municipal courts. 4.2. Service Area.The performance of the Work described within this Grant shall be located in the City of Pueblo,Colorado. 4.3. Performance Measures.Grantee shall comply with the following performance measures: Milestone/Performance Measure/Grantee will: Submit Quarterly Pay Requests See§4.5.2 below Submit Quarterly Status Reports See§4.5.2 below Submit Project Final Report November 30,2023 4.4. Budget Line Adjustments. 4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and among budget lines, so long as the total amount of Grant Funds remains unchanged. To make such budget line changes,DOLA will use an Option Letter(Exhibit G). 4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any combination of budget lines as described in §6.1,or move Other Funds between and among Page 1 of 4 DCFA-18-002 Pueblo Court Appointed Counsel 2018 budget lines,so long as the total amount of such"Other Funds"is not less than the amount set forth in§6.1 below. Grantee may increase the Total Project Cost with"Other Funds"and such change does not require an amendment or option letter. 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) requested in the Pay Request and describe the status of the Work in the Status Report. The report will contain an update of expenditure of funds by budget line 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 Due Status Report Due 4th(Oct-Dec) 2018 January 30,2019 Yes Yes 1"(Jan-Mar) 2019 April 30,2019 Yes Yes 2"d(Apr-Jun) 2019 July 30,2019 Yes Yes 3"(Jul-Sep) 2019 October 30,2019 Yes Yes 4th(Oct-Dec) 2019 January 30,2020 Yes Yes 1"(Jan-Mar) 2020 April 30,2020 Yes Yes 2n°(Apr-Jun) 2020 July 30, 2020 Yes Yes 3rd(Jul-Sep) 2020 October 30,2020 Yes Yes 4'h(Oct-Dec) 2020 January 30,2021 Yes Yes 1"(Jan-Mar) 2021 April 30,2021 Yes Yes 2"(Apr-Jun) 2021 July 30, 2021 Yes Yes 3rd(Jul-Sep) 2021 October 30,2021 Yes Yes 4'h(Oct-Dec) 2021 January 30,2022 Yes Yes 1"(Jan-Mar) 2022 April 30,2022 Yes Yes 2"d(Apr-Jun) 2022 July 30, 2022 Yes Yes 3"(Jul-Sep) 2022 October 30,2022 Yes Yes 4th(Oct-Dec) 2022 January 30,2023 Yes Yes 1"(Jan-Mar) 2023 April 30,2023 Yes Yes 2"d(Apr-Jun) 2023 July 30,2023 Yes Yes 3"(Jul-Sep) 2023 October 30,2023 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. Page 2 of 4 DCFA-18-002 Pueblo Court Appointed Counsel 2018 5. PERSONNEL 5.1. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of Carla Sikes,Judge,csikes(nt)pueblo.us,who is an employee or agent of Grantee, and is hereby designated as the responsible administrator of this Project and a key person under this§5. Such administrator shall be updated through the process in §5.3. If this person is an agent of the Grantee, such person must have signature authority to bind the Grantee and must provide evidence of such authority. 5.2. Other Key Personnel. None. Such key personnel shall be updated through the process in §5.3. 5.3. Replacement.Grantee shall immediately notify the State if any key personnel specified in §5 of this Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §15 of the Grant. 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. No Match is required. 6.2. Budget Budget Line(s) Total Project Grant Other Other Line Cost Category Cost Funds Funds Funds Source 1 Personnel Services Costs $136,800 $136,800 $0 Grantee Total $136,800 $136,800 $0 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 Payment(s) $136,800 Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Total $136,800 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 arc not submitted timely. 8.1.1.Quarterly Pay Request and Status Reports.Quarterly Pay Requests shall be submitted to DOLA in accordance with§4.5 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. 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 Page 3 of 4 DCFA-18-002 Pueblo Court Appointed Counsel 2018 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 4 of 4 DCFA-I8-002 Pueblo Court Appointed Counsel 2018 EXHIBIT G—Form of OPTION LETTER OPTION LETTER Date: Original Grant Agreement CMS#: CMS Routing# 1) OPTIONS:Choose all applicable options listed in§I and in §2 0 a. Option to extend(use this option for Extension of Time) ❑ b. Change in the Grant Award Amount within the current term(use this option for an Increase or Decrease in Grant Funds, including Supplemental priding awards) 0 c. Budget Line Adjustment(s)._reallocation of awarded Grant Funds to Budget Line(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 2(A)of the original Grant Award Letter 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 da e. Tables in Sections 4.3 and 4.5.2 of Exhibit B arc deleted and replaced with the following: Milestone/Performance Measure Submit Quarterly Pay Requests See§4.5.2 below Submit Quarterly Status Reports See§4.5.2 below Submit Project Final Report [give date certain] Quarter Year Due Date Pay Request Status Report 2"(Apr-Jun) 2019 July 30,2019 Yes Yes • 3'i(Jul-Sep) 2019 October 30,2019 Yes Yes 4ie(Oct-Dec) 2019 January 30,2020 Yes Yes 1"(Jan,Mar) 2020 April 30,2020 Yes Yes b.For use with Option 1(b):In accordance with Section 7(A)(i)of the original Grant Award Letter 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 Grant Award Amount shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter 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(s) Total Project Grant Other Other Cost Funds Funds Funds Line Cost Category Source Personnel Services Costs S 0.00 Grantee Operations/Program Costs Grantee Total S 0.00 S 0.00 S 0.00 c. For use with Option 1(c): In accordance with Section 7(D)(i).2 of the original Grant Award Letter 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: Page 1 of 2 DCFA-18-002 Pueblo Court Appointed Counsel 2018 Budget Line(s) Total Project Grant Other Other Cost Funds Funds Funds Line Cost Category Source Personnel Services Costs $ 0.00 Grantee Operations/Program Costs Grantee Total $ 0.00 $ 0.00 S 0.00 3) Effective Date.The effective date of this Option Letter is upon approval of the State Controller or ,whichever is later. STATE OF COLORADO John W.Hickenlooper GOVERNOR. Colorado Department of Local Affairs By: Iry Halter,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. STATE CONTROLLER Robert Jams,CPA,MBA,JD By: Yingtse Cha,Controller Delegate Date: Page 2 of 2 STATE CONTROLLER POLICY RISK ANALYSIS FOR ALL NEW CONTRACTS AND AGREEMENTS Contractor City of Pueblo Contract Title DCFA-18-002 Pueblo Court Appointed Counsel 2018 ContraC[hIO.`. 121559 Date 10/30/2018 Assessment By NB Phone 720-539-0405 Note: This risk assessment is for use with all undetermined risk contracts and agreements. Automatic High Risk, Automatic Low Risk and No Risk contracts do not require a risk analysis. 1. How does the Contract or the Agency address all attendant risks with the work? Standard Provisions. 2. Does the Contract have unusual provisions or changes to standard terms and conditions? Choose Yes/No If Yes: No. a. Explain any Special Provisions modification and authority for the modification: b. Explain any changes to the General Provisions: c. Explain any other provisions that are unusual: 3. Financial Impact a. What is the dollar value of the contract? $136, 800 . 00 b. Is the contract of a significantly higher dollar value than the normal contracts for your agency? Choose Yes/No No. c. Explain any significant financial impact beyond dollar amount? None. 4. Statement of Work Is the Statement of Work clear enough so that the State can monitor performance, identify non-performance, and take appropriate action for non-performance and are payments clearly tied to performance? Choose Yes/No Yes. If No,Explain why: 5. Is the project/contract highly complex or is it a new project with which the Agency has little or no experience? Choose Yes/No Explain: No. 6. Does the vendor have a history of successful projects with the State? Choose Yes/No Explain: Yes, counsel will be available for first appearance in court. 7. Does the work directly impact citizens of the state? Choose Yes/No Explain: Yes . 8. Risk Analysis Conclusion: Choose High/Low Why: Low, Grant. Page 5 of 6 Effective Data:1/6/09•Rev 9126118