HomeMy WebLinkAbout09858
ORDINANCE NO. 9858
AN ORDINANCE APPROVING AND ACCEPTING A COLORADO
DEPARTMENT OF LOCAL AFFAIRS DEFENSE COUNSEL
FIRST APPEARANCE GRANT, ESTABLISHING PROJECT
PS2017, AND BUDGETING AND APPROPRIATING FUNDS OF
$14,000
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;
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;
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;
WHEREAS, DOLA granted the Pueblo Municipal Court’s request and awarded the Pueblo
Municipal Court $14,000.00 in DCFA funds;
WHEREAS, DOLA may award supplemental funds as requested by Pueblo Municipal
Court until the expiration of the grant on June 30, 2021; 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 $14,000 is hereby
accepted and approved.
SECTION 2.
Project PS2017 is hereby established, and funds in the amount of $14,000 are budgeted
and appropriated therefor.
SECTION 3.
The Pueblo Municipal Court is empowered to apply for and accept additional supplemental
grant funds as needed from the Defense Counsel First Appearance Grant Program until the
expiration of the grant on June 30, 2021.
SECTION 4.
All current and future funds accepted under this Ordinance shall be budgeted and
appropriated into Project Number PS2017 by the Finance Department.
SECTION 5.
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 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on December 28, 2020.
Final adoption of Ordinance by City Council on January 11, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on January 13, 2021 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: December 28, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, 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 PS2017, AND BUDGETING
AND APPROPRIATING FUNDS OF $14,000
SUMMARY:
Municipal Court is requesting City Council approve the acceptance of $14,000 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 to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
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: Proposed Ordinance
Summary of Grant Terms and Conditions
Exhibit B Scope of Project
Exhibit G Opinion Letter, Signature and Cover Page
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State AgencyDLGNumberCMSNumber
Department of Local AffairsF21DCFA19043166424
GranteeGrant Award AmountRetainage Amount
City of Pueblo$14,000.00$0
Project Number and NamePerformance Start DateGrantExpiration Date
DCFA-19-043Pueblo 2020 Court Appointed CounselThe later of the Effective Date June 30, 2021
or December 9, 2020
Project DescriptionProgram Name
The Project consists of providing reimbursement to local Defense Counsel First AppearanceGrant Program(DCFA)
governments for costs associated withthe provision of legal
Funding Source
counsel to defendants at their first appearance in municipal
STATE FUNDS
courts.
Catalog of Federal Domestic Assistance (CFDA) Number
N/A
DOLA Program ManagerFunding Account Codes
Shawn Marandi, (303) 864-8479
Shawn.marandi@state.co.us
VCUST#Address
14170Code CN002EFT
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
STATE OF COLORADO
JaredS.Polis, Governor
DEPARTMENT OF LOCAL AFFAIRSDEPARTMENT OF LOCALAFFAIRS
Rick M. Garcia, Executive Director
PROGRAMREVIEWER
______________________________________________
_______________________________________________
By: Rick M. Garcia, Executive Director
By: Shawn Marandi,DCFAProgram Manager
Date: _________________________
Date: __________________________________
In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller
or an authorized delegate (the “Effective Date”).
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Yingtse Cha, Controller Delegate
Department of Local Affairs
Effective Date:_____________________
DCFA-19-043Pueblo 2020 Court Appointed Counsel
TERMS AND CONDITIONS
1.GRANT
As of the Performance StartDate,the State Agency shown on the Summary of Grant Award Terms
and Conditionspage of this GrantAward Letter(the “State”) hereby obligates and awards to
Granteeshown on the Summary of Grant Award Terms and Conditionspage of this Grant Award
Letter (the “Grantee”) anaward of Grant Funds in the amountshown on the Summary of Grant
Award Terms and Conditionspage of this GrantAward Letter.By accepting the Grant Funds
provided under this GrantAward Letter, Grantee agrees to comply with the termsand conditions
of this GrantAward Letterand requirements and provisions of all Exhibits to this Grant Award
Letter.
2.TERM
A.Initial Grant Termand Extension
The Parties’ respective performances under this GrantAward Lettershall commence on the
Performance StartDateand shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this GrantAward Letter.Upon
request of Grantee, the State may, in its sole discretion, extend the term of this GrantAward
Letterby providing Grantee with an updated Grant Award Letteror an executed Option Letter
showing the new Grant Expiration Date.
B.Early Terminationin the Public Interest
The State is entering intothis GrantAward Letterto serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this GrantAward
Letterceases to further the public interest ofthe Stateor if State, Federal or other fundsused
for this GrantAward Letterare not appropriated, or otherwise become unavailable to fund
this GrantAward Letter, the State, in its discretion, may terminate this GrantAward Letter
in whole or in partby providing written notice to Grantee.If the State terminates this Grant
Award Letterin the public interest, the State shall pay Grantee an amount equal to the
percentage of the total reimbursement payable under this Grant Award Letterthat
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
GrantAward Letterthat are incurred by Grantee andare directly attributable to the
uncompleted portion of Grantee’s obligations, provided that the sum of any and all
reimbursementsshall not exceed the maximum amount payable to Grantee hereunder.This
subsection shall not apply to a termination of this GrantAward Letterby the State for breach
by Grantee.
C.Reserved.
3.AUTHORITY
Authority to enter into this Grant Award Letterexists 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 29-3.5-101and funds have
been budgeted, appropriated and otherwise made available and a sufficient unencumbered
balance thereof remains available for payment. Required approvals, clearance and
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coordination have been accomplished from and with appropriate agencies.This GrantAward
Letteris funded, in whole or in part, with State funds.
4.DEFINITIONS
The following terms shall be construed and interpreted as follows:
A.Reserved.
B.Reserved.
C.“CORA”means the Colorado Open Records Act, §§24-72-200.1et. 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 Letterand 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, alldocuments incorporated by reference, all referenced
statutes, rules and cited authorities, and any future updatesthereto.
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.“GrantFunds”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 StartDate 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.
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R.Reserved.
S.Reserved.
T.Reserved.
U.“Project” means the overall projectdescribed in Exhibit B, which includes the Work.
V.“Project Budget” means the amountsdetailedin §6.2of 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 thefiscal 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 Letterthat is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
5.PURPOSE
The purpose of the Defense Counsel First AppearanceGrant Program is to reimburse local
governments, in part or in full, for costs associated with the provision of defense counsel to
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defendants at their first appearances in municipal court.The purpose of this Grant is described in
Exhibit B.
6.SCOPE OF PROJECT
Grantee shall completethe Work as described in this Grant Award Letterand in accordance with
the provisions of Exhibit B. The State shall have no liability to compensateor reimburseGrantee
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 GrantFunds. The
State shall not pay Grantee any amount under this Grantthat exceeds the Grant Award
Amountshown on the Summary of Grant Award Terms and Conditionspage 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 thenew
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 StartDate 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 GrantAward Letter, deduction from any payment due
under anyother 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 Fundsamountshown 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 Lettereach fiscal year prior to accepting any Grant Funds
for that fiscal year. Granteedoes not by accepting this GrantAward Letterirrevocably pledge
present cash reserves for payments in future fiscal years, and this GrantAward Letteris not
intended to create a multiple-fiscal year debt of Grantee.Granteeshall 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 inthis Grant Award Letterfor all allowable costs described in this Grant
Award Letter and shown in the Project Budgetin Exhibit B.
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i.Upon request of the Grantee, the State may, without changing the maximum total
amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between
each line of the Project Budget by providing Grantee with an executed Option Letter or
formal amendment.
E.Close-Outand De-obligation of Grant Funds
Grantee shall close out this Grantno later than90days 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 Letterand 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.
8.REPORTING –NOTIFICATION
A.Performanceand 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.Maintenanceand Inspection
Grantee shall make, keep,andmaintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a periodof three years following the completionof the close outof this
Grant.Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
all such recordsduring 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
Letterusing 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 Subcontractorsto 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,
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or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this Grant
Award Letter.Grantee shall provide for the security of all State Confidential Information in
accordance with all policies promulgated by the Colorado Office of Information Security
(http://oit.state.co.us/ois)and all applicable laws, rules, policies, publications, and guidelines.
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 GrantAward 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 becomesaware 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 interestsand 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 ofa 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 Grantsuch 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 Granteefails
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
Grantthatcannot be resolved by the designated Partyrepresentatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or officialdesignated by Grantee for resolution.
15.NOTICES AND REPRESENTATIVES
Each Party shall identify an individual tobe 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 Lettershall 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,
theirdepartments, 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. 171and 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 Lettershall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits,orprotections of any of
these provisions.
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18.GENERAL PROVISIONS
A.Assignment
Grantee’s rights and obligations under this Grantare 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 Letterare for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letterto sections (whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
C.Entire Understanding
This Grant Award Letterrepresents 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 modifythe terms and conditions of this Grant by issuance of an updated Grant
Award Letter, whichshall be effective if Grantee accepts Grant Funds following receipt of
the updated letter.The Parties may also agreeto modification of the terms and conditions of
the Grantin 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 Letterto 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 StartDate. 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 Letterand any Exhibits
or attachment,such conflict or inconsistency shall be resolved by reference to the documents
in the following order of priority:
i.Any executed Option Letter
ii.The provisions of thisGrant Award Letter
iii.The provisions of any exhibits to this Grant Award Letter
G.Severability
The invalidity or unenforceability of any provision of this Grant Award Lettershall 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 under theGrantin accordance with the intent of the Grant.
H.Survival of Certain Grant Award LetterTerms
Any provision of this Grant Award Letterthat imposes an obligation on a Party after
termination or expiration of the Grantshall 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 successorsand assigns described above,this Grant Award
Letterdoes 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
Grantare incidental to the Grant, and do not create any rights for such third parties.
J.Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award
Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any
single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
K.Reserved.
L.Digital Signatures
If any signatory signs this Grant using a digital signature in accordance with the Colorado
State Controller Contract, Grant, and Purchase Order Policies regarding the use of digital
signatures issued under the State Fiscal Rules, then any agreement or consent to use digital
signatures within the electronic system through which that signatory signed shall be
incorporated into this Grant by reference.
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EXHIBIT B –SCOPEOF 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.WorkDescription.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 DOLAas 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 ofthe GrantFunds for timelinessand compliance with the terms of this Grant.
DOLAreserves the right to recapture advanced GrantFunds when Grantee hasnot or is not complying
with the terms of this Grant.
2.5.EligibleExpenses.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.“SubstantialCompletion” means the Workis 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 Grantis 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 Workdescribed within this Grant shall be located in Pueblo,
Colorado.
4.3.Performance Measures.Grantee shall comply with the following performance measures:
Milestone/Performance Measure/Grantee will:By:
Submit Quarterly Pay Requests
See§4.5.2 below
Submit Quarterly Status Reports
See§4.5.2 below
Submit Project Final ReportSeptember 28, 2021
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 §6.2, 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 §6.2below. Grantee may increase the Total Project Cost with “Other Funds” and such
change does not require an amendmentor 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 submitPay 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 Grantbased on the
submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests
setting forth a detailed description and providedocumentation of the amounts and types of
reimbursable expenses.Pay Requests and Status Reports aredue within 30 days of the end of the
quarter but may be submittedmore 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 Requestand describe thestatus of the Workin the Status Report. The
report will contain an update of expenditure of funds by budget line as per §6.2of this Exhibit
BScopeof 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.
QuarterYearDue DatePay Request DueStatus Report Due
th
4(Oct-Dec)2020January 30, 2021YesYes
st
1(Jan-Mar)2021April 30, 2021YesYes
nd
2(Apr-Jun)2021July 30, 2021YesYes
4.6.DOLA Acknowledgment.The Grantee agrees to acknowledge the Colorado Department of Local
Affairs in any and all materials or events designed to promote or educate the public about the Work and
the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press
conferences, presentations and brochures/pamphlets.
5.PERSONNEL
5.1.Responsible Administrator. Grantee’s performance hereunder shall be under the direct supervision of
Kayleigh McKenzie, Grants Analyst, (kmckenzie@pueblo.us),who is an employee or agent of
Grantee, and is hereby designated as the responsible administrator of this Projectand a key person
under this§5.Such administrator shall be updated through theprocess 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 §5of this
Exhibit Bcease to serve.All notices sent under this subsection shall be sent in accordance with §15of
the Grant.
6.FUNDING
The State provided fundsshall be limited to the amount specified under the “GrantFunds” column of §6.2,
Budget, below.
6.1.Matching/OtherFunds.No Match is required.
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6.2.Budget
Budget Line(s)Total Project Grant Other Other
CostFundsFundsFunds
Line Cost Category
Source
#
1Personnel Services Costs$14,000$14,000$0Grantee
(Expires 6/30/2021)
Total$14,000$14,000$0
7.PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in §7of 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.
PaymentAmount
Payment(s)$14,000Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Total$14,000
7.2.Interest. Grantee or Subgrantee may keep interest earned from GrantFunds up to $100 per year for
administrative expenses.
8.ADMINISTRATIVE REQUIREMENTS
8.1.Reporting. Grantee shall submit the following reports to DOLAusing the State-provided forms.
DOLAmay withhold payment(s) if such reports are not submitted timely.
8.1.1.Quarterly Pay Request and Status Reports. QuarterlyPay Requestsshall be submitted to
DOLA in accordance with §4.5of this Exhibit B.
8.1.2.Final Reports. Within 90days after the completion ofthe Project, Grantee shall submit the final
Pay Request and Status Report to DOLA.
8.2.Monitoring. DOLAshall monitor this Work on an as-needed basis. DOLAmay choose to audit the
records for activities performed under this Grant. Grantee shall maintain a complete file of all records,
documents, communications, notes and other written materials or electronic media, files or
communications, which pertain in any manner to the operation of activities undertaken pursuant to an
executed Grant. Such books and records shall contain documentation of the Grantee’s pertinent activity
under this Grant in accordance with Generally Accepted Accounting Principles.
8.2.1.Subgrantee/Subcontractor. Grantee shall monitor its Subgranteesand/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-19-043Pueblo 2020 Court Appointed Counsel
OPTION LETTER #Insert # Here
SIGNATURE AND COVER PAGE
State AgencyDLGNumberOption LetterCMS
Department of Local AffairsInsert DLG encumbrance
Number
number for this ProjectInsert CMS number for this
Amendment
GranteePrevious CMS #(s)
Insert CMS number for orig Agreement, and any prior chg
Insert Grantee's Full Legal Name
docs
Project Number and NameGrant Amount
Insert DOLA's project number and nameInitial Award: $Insert orig award amt
Option Letter ## and date effective/spendable:$0.00
Option Letter ## and date effective/spendable:$0.00
Total Grant Amount: $Insert total award to date
DOLA Program ManagerPrior Grant Agreement Current Grant Agreement
Shawn Marandi, (303) 864-8479Expiration DateExpiration Date
Month Day, YearMonth Day, Year
Shawn.marandi@state.co.us
THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER
Each person signing this Option Letterrepresents and warrants that he or she is duly authorized to execute this
Option Letterand to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis GOVERNOR
Colorado Department of Local Affairs
By: ____________________________________
Rick M. Garcia, Executive Director
Date: ___________________
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State contracts. This Option Letter is not valid until signed and
dated below by the State Controller or delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ____________________________________
Yingtse Cha, Controller Delegate
Effective Date: ___________________
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1)OPTIONS: Choose allapplicable options listed in §1 and in §2
a. Option to extend(use this option for Extension of Time)
b.Change in the Grant AwardAmount within the current term(use this option for an Increase or
Decrease inGrant Funds,includingSupplemental funding awards)
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 originalGrant AwardLetter 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 dateand ending on Insert ending
date.Tables in Sections 4.3 and 4.5.2of Exhibit Bare deleted and replaced with the following:
Milestone/Performance MeasureBy:
Submit Quarterly Pay RequestsSee §4.5.2 below
Submit Quarterly Status Reports
See §4.5.2 below
Submit Project Final Report\[give date certain\]
QuarterYearDue DatePay RequestStatus Report
st
1(Jan-Mar)2022April 30, 2022YesYes
nd
2(Apr-Jun)2022July 30, 2022YesYes
rd
3(Jul-Sep)2022October 30, 2022YesYes
th
4(Oct-Dec)2022January 30, 2023YesYes
st
1(Jan-Mar)2023April 30, 2023YesYes
nd
2(Apr-Jun)2023July 30, 2023YesYes
rd
3(Jul-Sep)2023October 30, 2023YesYes
th
4(Oct-Dec)2023January 30, 2024YesYes
b.For use with Option 1(b):In accordance with Section 7(A)(i)of the original Grant Award Letterbetween 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/decreaseGrant Funds awarded for this Projectin an amount equal to
amt of increase or (decrease), from beginning dollar amtto ending dollar amt.The Grant Award Amount
shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letteris hereby changed
to ending dollar amt.The Budget table in Section 6.2and 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
CostFundsFundsFunds
Line Cost Category
Source
#
Personnel Services Costs$ 0.00Grantee
Operations/Program CostsGrantee
Total$ 0.00$ 0.00$ 0.00
PaymentAmount
Payment(s)$213,975Paid upon receipt of actual expense documentation
and written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Total$213,975
c.For use with Option 1(c):In accordance with Section 7(D)(i).2of the original Grant Award Letterbetween the
State of Colorado, acting by and through the Colorado Department of Local Affairs,and Grantee's Name,the
State hereby exercises its option to re-allocate awarded Grant Funds within the ProjectBudget. The Budget table
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DCFA-19-043Pueblo 2020 Court Appointed Counsel
in Section 6.2of Exhibit Bisdeleted and replaced with the following:
Budget Line(s)Total Project Grant Other Other
CostFundsFundsFunds
Line Cost Category
Source
#
Personnel Services Costs$ 0.00Grantee
Operations/Program CostsGrantee
Total$ 0.00$ 0.00$ 0.00
3)Effective Date.The effective date of this Option Letter is upon approval of the State Controller or , whichever
is later.
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