HomeMy WebLinkAbout10116
ORDINANCE NO. 10116
AN ORDINANCE APPROVING AND ACCEPTING A GRANT
AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE
STATE OF COLORADO DEPARTMENT OF LAW, ON BEHALF
OF THE OFFICE OF COMMUNITY ENGAGEMENT, FOR A
GRANT AWARD IN THE AMOUNT OF $250,000 TO THE PUEBLO
FOOD PROJECT, CREATING PROJECT NO. CI2207, AND
BUDGETING AND APPROPRIATING $250,000 TO PROJECT
NO. CI2207
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Grant Award Letter and its Terms and Conditions (“Agreement”) between the City of
Pueblo, a Colorado Municipal Corporation, and the Colorado Department of Law, on behalf of the
Office of Community Engagement, supporting efforts of the Pueblo Food Project and granting a
total of $250,000.00, a copy of which is attached hereto, having been approved as to form by the
City Attorney, is hereby approved.
SECTION 2.
The Mayor is hereby authorized to execute the Agreement on behalf of the City of Pueblo,
where the Mayor may execute the Agreement by electronic signature and such electronic
signature shall be attributable to the Mayor and the City of Pueblo, and the City Clerk shall affix
the Seal of the City thereto and attest same, as appropriate.
SECTION 3.
Project No. CI2207 for support of the Pueblo Food Project is hereby created.
SECTION 4.
Funds in the amount of $250,000.00, and any other funds received pursuant to the
Agreement or an amendment to the Agreement, shall be accepted pursuant to the Agreement
and budgeted and appropriated to Project No. CI2207.
SECTION 5.
The officers and staff of the City are hereby authorized to perform any and all acts
consistent with this Ordinance and the attached Agreement to effectuate the transactions
described therein.
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 February 14, 2022 .
Final adoption of Ordinance by City Council on February 28, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on March 2, 2022 .
□ 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-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 14, 2022
TO: President Heather Graham and Members of City Council
VIA: Marisa Stoller, City Clerk
FROM: Nicholas A. Gradisar, Mayor
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A GRANT AGREEMENT
BETWEEN THE CITY OF PUEBLO AND THE STATE OF COLORADO
DEPARTMENT OF LAW, ON BEHALF OF THE OFFICE OF COMMUNITY
ENGAGEMENT, FOR A GRANT AWARD IN THE AMOUNT OF $250,000 TO THE
PUEBLO FOOD PROJECT, CREATING PROJECT NO. CI2207, AND
BUDGETING AND APPROPRIATING $250,000 TO PROJECT NO. CI2207
SUMMARY:
Attached is an Ordinance approving and authorizing the City to accept a grant agreement in the
amount of $250,000.00 from the State of Colorado Department of Law, on behalf of the Office of
Community Engagement, for the hiring of a program manager, development of a Healthy
Community Meal Prep Program, support for the ongoing efforts of the Pueblo Fooducates, and to
develop a community chicken coop. This Ordinance budgets and appropriates the grant funds
into Project No. CI2207.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The Pueblo Food Project had been awarded $250,000.00 for the hiring of a program manager,
development of a Healthy Community Meal Prep Program, support for the ongoing efforts of the
Pueblo Fooducates, and to develop a community chicken coop. This Ordinance budgets and
appropriates the grant funds into Project No. CI2207. This Ordinance approves the Grant
Agreement therefore.
FINANCIAL IMPLICATIONS:
There are no matching funds required for this grant. The City of Pueblo will receive $30,897.33
upon passage of the Ordinance for year 1 of the grant cycle. The total grant budget over 5 years
for Project No. CI2116CI2207 will be $250,000.00.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If the proposed Ordinance is not approved, the Pueblo Food Project will not receive the grant
funds.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Proposed Ordinance
Grant Award Letter and Terms and Conditions
GRANT AWARD LETTER
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency Agreement Number
The Colorado Department of Law,on behalf of the Office of
Community Engagement
Grantee Grant Amount
City of Pueblo State Fiscal Year 2021-2022: $30,897.33
State Fiscal Year 2022-2023: $86,438.34
Grant Issuance Date State Fiscal Year 2023-2024: $43,542.00
The later of February 1,2022 or the date the State Controller or Extension Term
an authorized delegate signs this Grant Letter State Fiscal Year 2023-2024: $43,541.99
Grant Expiration Date State Fiscal Year 2024-2025: $45,580.34
December 31,2023
Maximum Total for all
State Fiscal Years: $250,000.00
Grant Authority
§24-31-108(4)(a),C.R.S.
Grant Purpose
Pueblo Food Project("PFP"),a project of the City of Pueblo, is a community-led coalition which aims to develop a vibrant,
nutritious,and equitable local food system in the City and County of Pueblo.This grant will support PFP programming by
increasing capacity to implement existing and new programs for youth and families' wellbeing and engagement in the local
food economy.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
1. Exhibit A, Statement of Work.
2. Exhibit B,Budget.
3. Exhibit C,Sample Option Letter
In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
1. The provisions of the other sections of the main body of this Grant.
2. Exhibit A,Statement of Work.
3. Exhibit B,Budget.
4. Exhibit C,Sample Option Letter
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SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
This Grant is being executed under the elective officer
exemption,pursuant to 24-2-102,C.R.S.This Grant is not
GRANTEE valid until signed and dated below by the Attorney General or
Designee.
City of Pueblo
STATE OF COLORADO
,--DocuSigned by' Jared S. Polls,Governor
Department of Law
�dZ� Philip J.Weiser,Attorney General
\-99ez18or8472o4S2
By: Nicholas A.Gradisar, Mayor
/—DocuSigned by-
Date: 3/1/2022 fi'iL - _"_tom
\-- a94s5E7En,EBy4 Eric Meyer,Chief Operations Officer
Effective Date: 3/1/2022
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
Department of Law
Philip J. Weiser,Attorney General
DocuSigned by:
vett
B . §i'Mtilam, Department of Law, State Controller Delegate
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1. GRANT
As of the Grant Issuance Date,the State Agency shown on the first page of this Grant Award Letter
(the "State")hereby obligates and awards to Grantee shown on the first page of this Grant Award
Letter (the "Grantee") an award of Grant Funds in the amounts shown on the first 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
Grant Issuance 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 Agency, Grantor Agency may, in its sole discretion, extend the term of
this Grant or increase or decrease the Grant Amount under this Grant through an Option
Letter, Exhibit C,providing the new Expiration Date and/or Grant Amount. Items in Exhibit
A, Statement of Work and Exhibit B, Budget that exceed the initial two-year term shall be
considered part of the optional extension period.
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 that includes, to the extent
practicable, the public interest justification for the termination. 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.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget"means the budget for the Work described in Exhibit B.
B. "Business Day"means any day in which the State is open and conducting business,but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1), C.R.S.
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C. "CORA"means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
D. "Grant Award Letter"means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes,rules and
cited authorities, and any future updates thereto.
E. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
F. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
G. "Grant Issuance Date"means the Grant Issuance Date shown on the first page of this Grant
Award Letter.
H. "Exhibits" exhibits and attachments included with this Grant as shown on the first page of
this Grant
I. "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
J. "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.
K. "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.
L. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Expiration Date.
M. "Matching Funds" means the funds provided Grantee as a match required to receive the
Grant Funds.
N. "Party"means the State or Grantee, and"Parties"means both the State and Grantee.
O. "Services" means the services to be performed by Grantee as set forth in this Grant Award
Letter,and shall include any services to be rendered by Grantee in connection with the Goods.
P. "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,PII and State
personnel records not subject to disclosure under CORA. State Confidential Information shall
not include information or data concerning individuals that is not deemed confidential but
nevertheless belongs to the State, which has been communicated, furnished, or disclosed by
the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already
known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by
Contractor to the State; (iv)is disclosed to Contractor,without confidentiality obligations,by
a third party who has the right to disclose such information; or (v) was independently
developed without reliance on any State Confidential Information.
Q. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
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R. "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.
S. "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.
T. "Subcontractor" means third-parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor"also includes sub-grantees.
U. "Work"means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
V. "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 Grant Issuance 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.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit A. 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.
5. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds.
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. The
State shall not be liable to pay or reimburse Grantee for any Work performed or expense
incurred before the Grant Issuance Date or after the Grant Expiration Date; provided,
however, that Work performed and expenses incurred by Grantee before the Grant Issuance
Date that are chargeable to an active Federal Award may be submitted for reimbursement as
permitted by the terms of the Federal Award.
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 Budget, except that Grantee may adjust the amounts between
each line item of the Budget without formal modification to this Agreement as long as the
Grantee provides notice to the State of the change, the change does not modify the total
maximum amount of this Grant Award Letter or the maximum amount for any state fiscal
year, and the change does not modify any requirements of the Work. The State shall only
reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the
Work and for the Goods and Services provided;and(ii)equal to the actual net cost to Grantee
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(i.e. the price paid minus any items of value received by Grantee that reduce the cost actually
incurred).
E. Close-Out
Grantee shall close out this Grant within 45 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. The
State will withhold 5% of allowable costs until all final documentation has been submitted
and accepted by the State as substantially complete.
6. 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 described in §5.E, containing an evaluation and review of Grantee's
performance and the final status of Grantee's obligations hereunder.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of State
criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award.
The State Awarding Agency may impose any penalties for noncompliance allowed under 2
CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or
debarment.
7. 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 have the right, in its sole
discretion,to change its monitoring procedures and requirements at any time during the term
of this Agreement. The State shall monitor Grantee's performance in a manner that does not
unduly interfere with Grantee's performance of the Work. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee's records that relates to or affects this Grant or the Work, whether the
audit is conducted by Grantee or a third party.
8. 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
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exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not,without prior written approval of the State,use for Grantee's own benefit,publish, copy,
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this Grant
Award Letter. Grantee shall provide for the security of all State Confidential Information in
accordance with all policies promulgated by the Colorado Office of Information Security and
all applicable laws, rules, policies, publications, and guidelines. If Grantee or any of its
Subcontractors will or may receive the following types of data, Grantee or its Subcontractors
shall provide for the security of such data according to the following: (i) the most recently
promulgated IRS Publication 1075 for all Tax Information and in accordance with the
Safeguarding Requirements for Federal Tax Information attached to this Grant as an Exhibit,
if applicable,(ii)the most recently updated PCI Data Security Standard from the PCI Security
Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department
of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security
Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act
for all PHI and the HIPAA Business Associate Agreement attached to this Grant, if
applicable. 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,
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but is not limited to,developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement,Grantee
shall provide for the security of such PII, in a manner and form acceptable to the State,
including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Grantee shall
maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
9. 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,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's consideration.
10. 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.
11. 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.
12. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as,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.
13. 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 §13.
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14. 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.
15. 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 Colorado Governmental Immunity Act, §24-10-
101, et seq.,C.R.S.;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 Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights,benefits,protections, or other provisions, contained in these statutes.
16. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior,written consent of the State.Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee's rights and
obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work,and all prior representations and understandings related to the
Work, oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant
Award Letter, 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 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 Grant Issuance Date. Grantee shall strictly comply
with all applicable Federal and State laws, rules, and regulations in effect or hereafter
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established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. Digital Signatures
If any signatory signs this agreement 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 Contract by reference.
G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant.
H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the Grant
and shall be enforceable by the other Party.
I. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties. Any services or benefits which third parties receive as a result of this
Grant are incidental to the Grant, and do not create any rights for such third parties.
J. Waiver
A Party's failure or delay in exercising any right,power, or privilege under this Grant Award
Letter,whether explicit or by lack of enforcement, shall not operate as a waiver,nor shall any
single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
K. Accessibility
Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973,
as amended, and §§24-85-101, et seq., C.R.S. Grantee shall comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in
the State of Colorado technology standards and available at
https://www.w3.org/TR/WCAG21/.
Page 10 of 10 version 08.10.2021
DocuSign Envelope ID:F48E8B24-45C1-4559-A8B2-3765759ED948
EXHIBIT A, STATEMENT OF WORK
I. DEFINITIONS
In addition to the terms defined in the Agreement,the following terms shall be construed and
interpreted as follows:
A. "Full-time"means 1.0 FTE,or 40(forty)hours per week.
B. "Young Person/Youth"means individuals aged 22 and younger.
II. BACKGROUND
Pueblo Food Project("PFP"), a project of the City of Pueblo,is a community-led coalition which aims to
develop a vibrant,nutritious,and equitable local food system in the City and County of Pueblo. This grant will
support PFP programming by increasing capacity to implement existing and new programs for youth and
families'wellbeing and engagement in the local food economy.
III. STATEMENT OF WORK
A. Program Manager. The City of Pueblo shall hire a Full-time staff member to support day to day
activities and administration for PFP during the entire Agreement Term. The Program Manager shall be
responsible for all aspects of program management for PFP,which shall include but is not limited to:
supporting the PFP community coalition, stakeholder input,program planning and delivery, community
engagement,and improving organizational processes.
Deliverable: Hire and complete Program Manager onboarding.
Due: May 1,2022.
Deliverable: Submit hired Program Manager resume to the State.
Due: May 1,2022.
Deliverable: Communicate any changes to Program Manager staffing during the Agreement
Term to the State, in writing.
Due: Within thirty(30)days of change.
B. Healthy Community Meal Prep Program. PFP shall pilot a healthy community meal preparation("meal
prep")program for Pueblo families,during which families will gather as a group to learn the recipe,
taste the recipe,and then prepare portions they can take home and use during the work week or other
times preparing fresh food is not an option. The goal of the pilot program is to build community,
increase cooking skills, advance nutrition awareness,provide a support system for families aiming to
improve their diet,and increase the amount of fresh produce consumed.
1. Program performance measures:
Exhibit A Page 1 of 5
DocuSign Envelope ID:F48E8B24-45C1-4559-A8B2-3765759ED948 '
a. #of total families participating in monthly session
b. #of fresh produce prepared and consumed
c. #of families who participate in more than 1 class
d. #of families who participate in all classes
e. #of families who complete monthly challenge for healthy habit
f. #of social media posts with families enjoying their prepped meals
g. #of community leaders(chefs,farmers,makers)who collaborate on classes
Deliverable: Once per year,develop a nine (9)month community meal prep curriculum.
Due: March 31,2022;March 31,2023;and March 31,2024.
Deliverable: Host community meal prep sessions each in calendar years 2022,2023, and 2024,totaling
twenty-five(25)sessions throughout the Agreement Term. PFP shall aim to space these out to hold once
per month.
Due: One(1)session completed for FY22 by June 30,2022; Ten(10) sessions completed for FY23 by
June 30,2023;nine(9)sessions completed for FY24 by June 30,2024; and five(5) sessions completed
for FY25 by December 30, 2024.
Deliverable: Produce and distribute recipe book to community meal prep participants for the preceding
calendar year.
Due: December 31, 2022;December 31,2023; and December 31,2024.
Deliverable: Hold community feedback sessions twice each calendar year during implementation of the
meal prep program.
Due: December 31,2022;December 31,2023; and December 31,2024.
Deliverable: Compile and submit program report to the State incorporating community feedback
sessions and program performance measures.
Due: December 31, 2022; December 31,2023; and December 31,2024.
C. Pueblo Fooducates Program. PFP shall implement a youth engagement and leadership development
program called Pueblo Fooducates. This youth led programwill focus on creating collaborative solutions
for improving food systems,with youth participants hosting community sessions and activities,and
participating in regional,state,national, and international conversations about community food systems.
The Fooducates will host a youth leadership retreat for student leaders to discuss health and nutrition
and develop collaborative projects.
1. Program performance measures:
a. #of young leaders participating in Fooducates
b. #of families impacted by Fooducates events
c. Amount of local food delivered into the community(by value and volume)
d. #of communities represented at the Young Person Food System Leader Retreat
e. #of collaborative projects started as result of the Young Person Leader Retreat
f. Improvement of leadership skills resulting from participation in the Fooducates
Program as reported in surveys
g. #of events where Pueblo Fooducates are represented
Exhibit A Page 2 of 5
, DocuSign Envelope ID:F48E8B24-45C1-4559-A882-3765759ED948
Deliverable: Host four(4)community learning events each calendar year of 2022,2023,and 2024.
Due: December 31,2022; December 31,2023; and December 31,2024.
Deliverable: Host the Young Person Food System Leader Retreat in Pueblo October-December,once
per calendar year.
Due: December 31,2022;December 31,2023; and December 31, 2024.
Deliverable: Fooducates present work to Pueblo City Council in a Work session in April through May
each year during the Agreement Term.
Due: June 30,2022;June 30,2023;and June 30, 2024.
Deliverable: Submit Fooducates Year in Review annual report,to include reporting on program
performance measures.
Due: December 31,2022;December 31,2023;and December 31,2024.
D. Chicken Coop Project. PFP shall determine feasibility for a youth led chicken coop to engage the
community in an education and learning opportunity and small community business and,if determined
feasible as indicated by achievement of program milestones,implement the project during the
Agreement Term with a goal of sustaining the project beyond the Agreement Term.
1. Program milestones:
a. Written confirmation from community partners to support a youth led chicken coop
b. Written confirmation from the City Zoning Department approving such an operation
c. Approval of an implementation plan by the PFP Food and Farm Literacy and Education
Working Group
d. Egg production curriculum complete and signed off by CSU-P Extension
Deliverable: Submit a project feasibility report to the State, including confirmation that all program
milestones have been met,and if not,the impact on feasibility and continuing needs.
Due: September 30,2022.
Deliverable: Submit recommendations to PFP Food and Farm Literacy and Education Working Group.
Due: September 30, 2022.
Deliverable: Submit implementation plan to the State if chicken coop project is deemed feasible.
Due: March 31,2023.
Deliverable: Submit alternative plan to the State if chicken coop project is not deemed feasible. This
shall include meeting with the State to discuss possible alternatives prior to submission of the alternative
plan.
Due: March 31,2023.
Deliverable: Submit project operating and sales report for the preceding calendar year.
Due: December 31,2023 and December 31,2024.
Exhibit A Page 3 of 5
DocuSign Envelope ID:F48E8B24-45C1-4559-A8B2-3765759ED948 .
Deliverable: Submit project sustainability plan to the State for continuation of the project beyond the
Agreement Term.
Due: March 31,2024.
E. Program Evaluation. Grantee shall engage a Subcontractor as an evaluation specialist with expertise in
program evaluation to review the grant funded programs and determine a plan for continuation and
sustainability beyond the Agreement Term.
Deliverable: Submit program evaluation report and sustainability plan to the State.
Due: December 31,2024.
IV. REPORTING REQUIREMENTS
A. Progress Reports.
Grantee shall submit written Progress Reports to the State with respect to calendar quarters ending
September 30(Q1),December 31 (Q2),March 31 (Q3),and June 30(Q4)during the Agreement Term,
which shall include,but is not limited to:
1. Progress made on grant objectives and deliverables set forth under§III of this Statement of Work and
any resulting impact or outcome;
2. Any delays,changes,or relevant new information related to the Services;
3. Any required written reports or other deliverable products due within the reported period;and
4. Other information,as directed by the State.
Deliverable: Written Progress Reports.
Due: Within fifteen(15)days of the end of the reported quarter.
B. Availability.
Grantee shall be available for meetings with the State regarding this grant,upon request by the State.
VI. INVOICING,PAYMENT AND ACCOUNTING
A. Invoicing and Payment Procedures.
Grantee shall submit an invoice to the State for expenditures incurred and paid during the invoiced
period in an amount not to exceed the maximum amount payable set forth in each budget line in Exhibit
B—Budget.
Invoices shall be submitted within fifteen(15)calendar days of the end of the month covered by the
invoice. Invoices submitted for Services performed in June shall be submitted within five(5)calendar
days of the end of the month,with supporting documentation due within fifteen(15) calendar days of
the end of the month.
Allowable expenditures are set forth in Exhibit B—Budget and must follow State Fiscal Rules.
Grantee shall submit invoices to:
Exhibit A Page 4 of 5
, DocuSign Envelope ID:F48E8B24-45C1-4559-A8B2-3765759ED948
Grants Manager
Office of Community Engagement
OCE.GrantMgmt@coag.gov
The invoice shall contain all of the following for each completed deliverable:
1. Invoice Number;
2. Invoice Date;
3. The total amount payable to Grantee per budget line set forth in Exhibit B -Budget;
4. Supporting documentation equal to 100%of the total net amount owed to Grantee;
5. Other pertinent information necessary to support the invoice, its attachments, summaries, or details;
and
5. Other information,as directed by the State.
B. Accounting.
At all times from the Agreement Effective Date until completion of the Work,Grantee shall maintain
properly segregated books of State Funds and other funds associated with the Work. All invoices
associated with the performance of Services shall be documented in a detailed and specific manner and
shall accord with the Budget set forth in Exhibit B. Grantee shall make and maintain accounting and
financial books and records documenting its performance under the Statement of Work in a form
consistent with good accounting practices.
Exhibit A Page 5 of 5
DocuSign Envelope ID:F48E8B24-45C1-4559-A8B2-3765759ED948 '
EXHIBIT B, BUDGET
GRANT BUDGET SUMMARY
FY 2022 FY 2023 FY 2024 FY 2025 TOTAL
Personal Services $18,333.33 $44,000.00 $44,000.00 $22,000.00 $128,333.33
Materials/Supplies& $2,684.00 $26,276.00 $23,102.00 $14,388.00 $66,450.00
Operating Expenses
Travel $620.00 $3,462.34 $3,462.34 $2,842.34 $10,387.02
Contractual $9,260.00 $12,700.00 $16,519.65 $6,350.00 $44,829.65
FISCAL YEAR TOTAL $30,897.33 $86,438.34 $87,083.99 $45,580.34 $250,000.00
Exhibit B Page 1 of 5
DocuSign Envelope ID:F48E8B24-45C1-4559-A8B2-3765759ED948
FY22(Approximately 5 Months)
Personal Services-Salaried Employees
Gross or Percent
Position Title Description of Work Annual Fringe of gime Total
n
Salary Project
Manage the day to day
Program Manager activities of PFP. City of $18,333.33 $0.00 100% $18,333.33
g Pueblo will cover Fringe
Benefits.
Total Personal Services $18,333.33
Materials/Supplies&Operating Expenses
Item Description of Item Rate Quantity Total
Cooking Lesson Supplies for cooking lessons(containers,
Supplies equipment rental,food,printing)-per $1,174.00 1 $1,174.00
event
Fooducate Supplies for Fooducate Activities
Community (printing,meeting materials, food and $1,510.00 1 $1,510.00
Outreach Supplies beverages for activities, etc.)-per event
Total Supplies&Operating Expenses $2,684.00
Travel
Item Description of Item Rate Quantity Total
Gas Cards Gift cards for gas for activity participants $10.00 62 $620.00
Total Travel $620.00
Contractual
Item Description of Item Rate Quantity Total
(Hours)
Community Chef Leader of cooking lessons $35.00 12 $420.00
Instructor
Community Chef Assistant to chef $20.00 12 $240.00
Assistant
Chicken Coop Creates feasibility and implementation $50.00 100 $5,000.00
Consultant plan for chicken coop
Fooducates paid Youth coordinator for youth group $16.00 100 $1,600.00
intern
Community Meal Consultant to develop curriculum for
Prep Curriculum community meal prep $50.00 40 $2,000.00
Total
Contractual $9,260.00
SUB-TOTAL BEFORE INDIRECT $30,897.33
Total Indirect $0.00
TOTAL $30,897.33
Exhibit B Page 2 of 5
DocuSign Envelope ID:F48E8B24-45C1-4559-A8B2-3765759ED948 • •
FY23(12 Months)
Personal Services-Salaried Employees
Gross or Percent of
Position Title Description of Work Annual Fringe Time on Total
Salary Project
Manage the day to day
Program Manager activities of PFP. City of $44,000.00 $0.00 100% $44,000.00
Pueblo will cover Fringe
Benefits.
Total Personal Services $44,000.00
Materials/Supplies&Operating_Expenses
Item Description of Item Rate Quantity Total
Cooking Lesson Supplies for cooking lessons(containers, $1,174.00 10 $11,740.00
Supplies equipment rental, food,printing)
Fooducate Supplies for Fooducate Activities
Community (printing,meeting materials, food and $1,509.00 4 $6,036.00
Outreach Supplies beverages for activities, etc.) -per event
Chicken coop Supplies for chicken coop (building
supplies materials, fencing,feed,chicks) $4,000.00 1 $4,000.00
Fooducates Young Supplies for hosting Fooducates
Person Food Leadership Retreat(printing, meeting $4,500.00 1 $4,500.00
System Leader materials, food and beverages,take
Retreat Supplies homes, etc)
Total Supplies&Operating Expenses $26,276.00
Travel
Item Description of Item Rate Quantity Total
Gas Cards Gift cards for gas for activity participants $10.00 124 $1,240.00
Travel support for Travel Support to Young Person Food
youth leaders System Leader Retreat.May include $138.90 16 $2,222.34
lodging,transportation costs, and meals.
Total Travel $3,462.34
Contractual
Item Description of Item Rate Quantity Total
(Hours)
Community Chef Leader of cooking lessons $35.00 40 $1,400.00
Instructor
Community Chef 2 assistants to help chef $20.00 40 $800.00
Assistants
Chicken Coop Coordinator for youth led chicken coop $20.00 365 $7,300.00
Coordinator
Fooducates paid Youth coordinator for youth group $16.00 200 $3,200.00
intern
Total Contractual $12,700.00
SUB-TOTAL BEFORE INDIRECT $86,438.34
Total Indirect $0.00
TOTAL $86,438.34
Exhibit B Page 3 of 5
. DocuSign Envelope ID:F48E8B24-45C1-4559-A8B2-3765759ED948
FY24(12 Months: July-December 2023,January-June 2024 Extension Term)
Personal Services-Salaried Employees
Gross or Percent of
Position Title Description of Work Annual Fringe Time on Total
Salary Project
Manage the day to day activities
Program Manager of PFP. City of Pueblo will $44,000.00 $0.00 100% $44,000.00
cover Fringe Benefits.
Total Personal Services $44,000.00
Materials/Supplies&Operating Expenses
Item Description of Item Rate Quantity Total
Cooking Lesson Supplies for cooking lessons(containers, $1,174.00 9 $10,566.00
Supplies equipment rental,food,printing)
Fooducate Supplies for Fooducate Activities(printing,
Community meeting materials,food and beverages for $1,509.00 4 $6,036.00
Outreach Supplies activities,etc.)-per event
Chicken coop Supplies for chicken coop(building materials, $2,000.00 1 $2,000.00
supplies fencing,feed,chicks)
Fooducates Young Supplies for hosting Fooducates Leadership
Person Food System Retreat(printing, meeting materials,food and $4,500.00 1 $4,500.00
Leader Retreat
Supplies beverages,take homes,etc)
Total Supplies&Operating Expenses $23,102.00
Travel
Item Description of Item Rate Quantity Total
Gas Cards Gift cards for gas for activity participants $10.00 124 $1,240.00
Travel support for Travel Support to Young Person Food System
youth leaders Leader Retreat.May include lodging, $138.90 16 $2,222.34
transportation costs,and meals.
Total Travel $3,462.34
Contractual
Item Description of Item Rate Quantity Total
(Hours)
Community Chef Leader of cooking lessons $35.00 36 $1,260.00
Instructor
Community Chef 2 assistants to help chef $20.00 36 $720.00
Assistants
Chicken Coop Coordinator for youth led chicken coop $20.00 365 $7,300.00
Coordinator
Fooducates paid
Youth coordinator for youth group $16.00 200 $3,200.00
intern
Evaluation Consultant to help evaluate programs $42.30 95.5 $4,039.65
Specialist
Total Contractual $16,519.65
SUB-TOTAL BEFORE INDIRECT $87,083.99
Total Indirect $0.00
TOTAL $87,083.99
Exhibit B Page 4 of 5
DocuSign Envelope ID:F48E8B24-45C1-4559-A8B2-3765759ED948
FY25(6 Months Extension Term)
Personal Services-Salaried Employees
Gross or Percent of
Position Title Description of Work Annual Fringe Time on Total
Salary Project
Manage the day to day activities
Program Manager of PFP.City of Pueblo will $22,000.00 $0.00 100% $22,000.00
cover Fringe Benefits.
Total Personal Services(including fringe benefits) $22,000.00
Materials/Supplies&Operating Expenses
Item Description of Item Rate Quantity Total
Cooking Lesson Supplies for cooking lessons(containers, $1,174.00 5 $5,870.00
Supplies equipment rental,food,printing)
Fooducate Supplies for Fooducate Activities(printing,
Community Outreach meeting materials,food and beverages for $1,509.00 2 $3,018.00
Supplies activities,etc.)-per event
Chicken coop Supplies for chicken coop(building materials, $1,000.00 1 $1,000.00
supplies fencing,feed,chicks)
Fooducates Young Supplies for hosting Fooducates Leadership
Person Food System Retreat(printing, meeting materials,food and $4,500.00 1 $4,500.00
Leader Retreat beverages,take homes,etc)
Supplies
Total Supplies&Operating Expenses $14,388.00
Travel
Item Description of Item Rate Quantity Total
Gas Cards Gift cards for gas for activity participants $10.00 62 $620.00
Travel support for Travel Support to Young Person Food System
youth leaders Leader Retreat.May include lodging, $138.90 16 $2,222.34
transportation costs,and meals.
Total Travel $2,842.34
Contractual
Item Description of Item Rate Quantity Total
(Hours)
Community Chef Leader of cooking lessons $35.00 20 $700.00
Instructor
Community Chef 2 assistants to help chef $20.00 20 $400.00
Assistants
Chicken Coop Coordinator for youth led chicken coop $20.00 182.5 $3,650.00
Coordinator
Fooducates paid Youth coordinator for youth group $16.00 100 $1,600.00
interns
Total Contractual $6,350.00
SUB-TOTAL BEFORE INDIRECT $45,580.34
Total Indirect $0.00
TOTAL $45,580.34
Exhibit B Page 5 of 5
DocuSign Envelope ID:F48E8B24-45C1-4559-A8B2-3765759ED948
EXHIBIT C, SAMPLE OPTION LETTER
State Agency Option Letter Number
Insert Department's or IHE's Full Legal Name Insert the Option Number(e.g. "1"for the first option)
Contractor Original Contract Number
Insert Contractor's Full Legal Name Insert CMS number or Other Contract Number of the Original Contract
Current Contract Maximum Amount Option Contract Number
Initial Term Insert CMS number or Other Contract Number of this Option
State Fiscal Year 20xx $0.00
Extension Terms Contract Performance Beginning Date
State Fiscal Year 20xx $0.00 Month Day,Year
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00 Current Contract Expiration Date
State Fiscal Year 20xx $0.00 Month Day,Year
Total for All State Fiscal Years $0.00
OPTIONS:
1. Option to extend for an Extension Term
2. Option to change the quantity of Goods under the Contract
3. Option to change the quantity of Services under the Contract
4. Option to modify Contract rates
5. Option to initiate next phase of the Contract
REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s)Number of the Original Contract referenced above,
the State hereby exercises its option for an additional term,beginning Insert start date and ending on the current
contract expiration date shown above,at the rates stated in the Original Contract, as amended.
6. For use with Options 1(B and C): In accordance with Section(s)Number of the Original Contract referenced
above,the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at
the rates stated in the Original Contract,as amended.
7. For use with Option 1(D): In accordance with Section(s)Number of the Original Contract referenced above,
the State hereby exercises its option to modify the Contract rates specified in Exhibit/Section Number/Letter.
The Contract rates attached to this Option Letter replace the rates in the Original Contract as of the Option
Effective Date of this Option Letter.
8. For use with Option 1(E): In accordance with Section(s)Number of the Original Contract referenced above,
the State hereby exercises its option to initiate Phase indicate which Phase: 2,3,4,etc,which shall begin on
Insert start date and end on Insert ending date at the cost/price specified in Section Number.
9. For use with all Options that modify the Contract Maximum Amount:The Contract Maximum Amount
table on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Contract
Maximum Amount table shown above.
OPTION EFFECTIVE DATE:
B. The effective date of this Option Letter is upon approval of the State Controller or ,whichever is later.
In accordance with§24-30-202,C.R.S.,this Option is not
STATE OF COLORADO valid until signed and dated below by the State Controller or
Jared S.Polis,Governor an authorized delegate.
INSERT-Name of Agency or IHE STATE CONTROLLER
INSERT-Name&Title of Head of Agency or IHE Robert Jaros,CPA,MBA,JD
By:Name&Title of Person Signing for Agency or IHE By:
Name of Agency or IHE Delegate-Please delete if contract
will be routed to OSC for approval
Date:
Option Effective Date:
Exhibit C Page 1 of 1