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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
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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
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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.
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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.
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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.
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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
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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
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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,
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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 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
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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
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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.
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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)
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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
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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.
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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
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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.
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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:
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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:
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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.
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Effective Data:1/6/09•Rev 9126118