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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 Page 2of 10 Version 0717 DCFA-19-043Pueblo 2020 Court Appointed Counsel 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. Page 3of 10 Version 0717 DCFA-19-043Pueblo 2020 Court Appointed Counsel 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 Page 4of 10 Version 0717 DCFA-19-043Pueblo 2020 Court Appointed Counsel 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. Page 5of 10 Version 0717 DCFA-19-043Pueblo 2020 Court Appointed Counsel 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, Page 6of 10 Version 0717 DCFA-19-043Pueblo 2020 Court Appointed Counsel 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, Page 7of 10 Version 0717 DCFA-19-043Pueblo 2020 Court Appointed Counsel 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. Page 8of 10 Version 0717 DCFA-19-043Pueblo 2020 Court Appointed Counsel 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 Page 9of 10 Version 0717 DCFA-19-043Pueblo 2020 Court Appointed Counsel 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. THE REST OF THIS PAGE INTENTIONALLY LEFTBLANK Page 10of 10 Version 0717 DCFA-19-043Pueblo 2020 Court Appointed Counsel 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 Page 1of 3 DCFA-19-043Pueblo 2020 Court Appointed Counsel 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 2of 3 DCFA-19-043Pueblo 2020 Court Appointed Counsel 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 3of 3 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: ___________________ Page 1 of 3 DCFA-19-043Pueblo 2020 Court Appointed Counsel 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$213,975 c.For use with Option 1(c):In accordance with Section 7(D)(i).2of the original Grant Award Letterbetween the State of Colorado, acting by and through the Colorado Department of Local Affairs,and Grantee's Name,the State hereby exercises its option to re-allocate awarded Grant Funds within the ProjectBudget. The Budget table Page 2 of 3 DCFA-19-043Pueblo 2020 Court Appointed Counsel in Section 6.2of Exhibit Bisdeleted and replaced with the following: Budget Line(s)Total Project Grant Other Other CostFundsFundsFunds Line Cost Category Source # Personnel Services Costs$ 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 3 of 3