Loading...
HomeMy WebLinkAbout10306 ORDINANCE NO. 10306 AN ORDINANCE APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $461,538 FROM THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT FOR THE JUST TRANSITIONS STRATEGIC PLANNING PROJECT, AUTHORIZING THE MAYOR TO EXECUTE THE AWARD LETTER, CREATING PROJECT NO. CI2209, AND BUDGETING AND APPROPRIATING $461,538 TO PROJECT NO. CI2209 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Grant Award Letter dated October 5, 2022 (“Agreement”) between the City of Pueblo, a Municipal Corporation, and the Colorado Department of Labor and Employment’s (“CDLE”) Office of Just Transition (“OJT”), 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 said Agreement on behalf of the City of Pueblo, a Colorado Municipal Corporation, and the City Clerk is authorized to affix the seal of the City thereto and attest the same. SECTION 3. Project No. CI2209 – Just Transitions Grant is hereby created. SECTION 4. Funds in the amount of $461,538.00 shall be accepted pursuant to the Agreement and budgeted and appropriated to Project No. CI2209. 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 implement the transactions described therein. SECTION 5. 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 October 11, 2022 . Final adoption of Ordinance by City Council on October 24, 2022 . President of City Council Action by the Mayor: ☒ Approved on October 27, 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 Deputy City Clerk City Clerk's Office Item # R3 Background Paper for Proposed Ordinance October 11, 2022 COUNCIL MEETING DATE: TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Nicholas Gradisar, Mayor SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A GRANT IN THE AMOUNT OF $461,538 FROM THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT FOR THE JUST TRANSITIONS STRATEGIC PLANNING PROJECT, AUTHORIZING THE MAYOR TO EXECUTE THE AWARD LETTER, CREATING PROJECT NO. CI2209, AND BUDGETING AND APPROPRIATING $461,538 TO PROJECT NO. CI2209 SUMMARY: Attached is an Ordinance approving and accepting a grant in the amount of $461,538.00 from the Colorado Department of Labor and Employment to provide funds for the Just Transitions strategic planning project. This Ordinance also creates Project No. CI2209 – Just Transitions Grant, budgets and appropriates the grant funds to said Project, and authorizes the Mayor to execute the Award Letter. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: The Colorado Department of Labor and Employment’s (“CDLE”) Office of Just Transition (“OJT”), in the 2021 legislative session, received $8 million in state stimulus funds to assist coal transition communities’ transition away from coal-based economies (§§ 8-83-501 to 506, C.R.S.). Broadly, the OJT funds support strategies and projects that intend to, over the long-term, broaden the tax base, diversify the local economy, and develop family-sustaining jobs. Only communities and entities defined in HB 21-1290 are eligible for funding. Tier One transition communities, including the City of Pueblo, were not required to participate in a competitive process to receive this grant, but rather received the grant through filling out a funding request form with OJT. The purpose of this Grant to the City of Pueblo is to provide funding for the City’s Transition Strategic Planning Project. The City of Pueblo’s Transition Strategic Planning Project provides funding to hire a full- time employee, the Transition Project Manager, to develop a transition plan, attract new investment, and serve as a transition coordinator leading up to and during the coal- burning Comanche Plant closure. FINANCIAL IMPLICATIONS: There are no matching funds required for this grant. Upon passage of the Ordinance, the City of Pueblo will receive the entire $461,538.00. The total grant budget for Project No. CI2209 will become $461,538.00. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If the proposed Ordinance is not approved, the Transition Strategic Planning Project will not occur. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. DOLA Award Letter and Grant Terms DocuSign Envelope ID 3CBE38B8-4DAA-49A6-8594-28FCCED5645B COLORADO Department of C D L E TM Labor and Employment September 19. 2022 CTGG1 2023*2416(7577) City of Pueblo City Administration 1 City Hall Pl. Pueblo. CO S 1003 To Whom it May Concern: We are pleased to inform you that Colorado Department of Labor and Employment's Office of Just Transitions has approved your application for funding pursuant to the appropriated funding from HB2 1-1 290 ("Program") in the amount of S461.538.00. This letter authorizes you to proceed with the Transition Strategic Planning Project ("Project") in accordance with the terms of this Grant Award Letter. Attached to this letter are the terms and conditions of your Grant. Please review these terms and conditions as they are requirements of this Grant to which you Grantee agree by accepting the Grant Funds. If you have questions regarding this Grant. please contact: Kirstie McPherson. kirstie.mcpherson i state.co.us DocuSign Envelope ID: 3CBE38B8-4DAA-49A6-8594-28FCCED5645B GRANT AWARD LETTER SUMMARY OF GRANT AWARD TERMS AND CO\DITIO`S State Agency Grant Amount Colorado Department of Labor and Employment on behalf of Office of Just Transitions State Fiscal Year 2023: 5461.538.00 Grantee State Fiscal Year 2024: S0.00 City of Pueblo State Fiscal Year 2025: S0.00 State Fiscal Year 2026: 50.00 Grantee III Grant Issuance Date The later of September 19.2022 or the date the State Total for all State Fiscal Years: S461.538.00 Controller or an authorized delegate signs this Grant Letter Grant Expiration Date December 31. 2025 Grant Authority Authority to enter into this Agreement exists in C.R.S. 8- 83-504 et seq. Funds have been made available pursuant to House Bill 21-1290. Grant Purpose The Office of Just Transition(-OJT"). in the 2021 legislative session.received SS million in state stimulus funds to assist coal transition communities' transition away from coal-based economies( 8-83-501 to 506. C.R.S.). Only conununties and entities defined in HB 21-1290 are eligible for funding. Tier One transition conununities. including the City of Pueblo.were not required to participate in a competitive process to receive this grant. but rather received the grant through filling out a funding request form with OJT. The purpose of tins Grant to the City of Pueblo is to provide funding for their Transition Strategic Planning Project.Exhibits and Order of Precedence The following Exhibits and attachments are included with this Grant: 1. Exhibit A. Statement of Work. 2. Exhibit B. PII Certification 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. PII Certification Page 1 of 11 Version 0-_2C!„ DocuSign Envelope ID 3CBE38B8-4DAA-49A6-8594-28FCCED5645B SIGNATURE PAGE THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT In accordance with ;24-30-202 C.R.S.. this Grant is not valid STATE OF COLORADO until signed and dated below by the State Controller or an Jared S. Polis. Governor authorized delegate. Colorado Department of Labor and Employment Joe NI. Barela. Executive Director STATE CONTROLLER Robert Jams,CPA.MBA.JD c—DocuSigned by: r—DocuSIgned by: L,12,-,j17 (44, bOalotA, f gAur A244 CiWiLAiii4Uktife.402 By: Darcy R. Kennedy.Deputy Executive Director By: Leila Boulton. State Controller Delegate 10/5/2022 10/5/2022 Date: Date: Page 2 of 11 Vrion04.:C22 DocuSign Envelope ID 3CBE38B8-4DAA-49A6-8594-28FCCED564513 I. 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. the State may. in its sole discretion. extend the term of this Grant Award Letter by providing Grantee with an updated Grant Award Letter showing the new Grant Expiration Date. B. Early Termination in the Public Interest The State is entering into this Grant Award Letter to serve the public interest of the State of Colorado as determined by its Governor. General Assembly. or Courts. If this Grant Award Letter ceases to further the public interest of the State or if State. Federal or other funds used for this Grant Award Letter are not appropriated. or otherwise become unavailable to fund this Grant Award Letter. the State. in its discretion. may terminate this Grant Award Letter in whole or in part by providing written notice to Grantee 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. "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. B. "CJI" means criminal justice information collected by criminal justice agencies needed for the performance of their authorized functions, including. without limitation. all information defined as criminal justice information by the U.S. Department of Justice. Federal Bureau of Investigation. Criminal Justice Information Services Security Policy. as amended and all Criminal Justice Records as defined under 24-72-302 C.R.S. C. -CORA" means the Colorado Open Records Act. §§24-72-200.1 et seq.. C.R.S. Page 3 of 11 Version C4-1:12_ DocuSign Envelope ID 3CBE38B8-4DAA-49A6-8594-28FCCED5645B 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. "PII" means personally identifiable information including. without limitation. any information maintained by the State about an individual that can be used to distinguish or trace an individual's identity. such as name. social security number. date and place of birth. mother's maiden name. or biometric records: and any other information that is linked or linkable to an individual. such as medical. educational. financial, and employment information. PII includes, but is not limited to. all information defined as personally identifiable information in §:§24-72-501 and 24-73-101 C.R.S. "PII" shall also mean "personal identifying information as set forth at § 24-74-102. et. seq.. C.R.S. P. "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. Q. "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. C'JI, 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 Page 4 of 11 Ver .on 04.2C;" DocuSign Envelope ID 3CBE38B8-4DAA-49A6-8594-28FCCED5645B 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. R. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller pursuant to 24-30-202( 131(a) C.R.S. S. "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 terns. then it means the State Fiscal Year ending in that calendar year. T. "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. U. "Subcontractor" means third-parties. if any. engaged by Grantee to aid in performance of the Work. "Subcontractor" also includes sub-grantees. V. "Work" means the delivery of the Goods and performance of the Services described in this Grant Award Letter. W. -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 he submitted for reimbursement as permitted by the terms of the Federal Award. B. Reimbursement of Grantee Costs Upon prior written approval. 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 Page 5 of I 1 . ?I'S1oI;O4.2C:22 DocuSign Envelope ID 3CBE38B8-4DAA-49A6-8594-28FCCED5645B 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 (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). C. 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 ill this Grant Award Letter and Grantee's final reimbursement request or invoice. The State will withhold 5°o 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 as indicated in Exhibit A: Statement of Work. and final reports no later than the end of the close out described in §5.C. 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 State Award. 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 all 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. C. 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. Page 6 of 11 O4'6'- DocuSign Envelope ID: 3CBE38B8-4DAA-49A6-8594-28FCCED5645B 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 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. Page 7 of 11 Ve on C-�'i'- DocuSign Envelope ID: 3CBE38B8-4DAA-49A6-8594-28FCCED5645B D. Incident Notice and Remediation If Grantee becomes aware of any Incident. it shall notify the State immediately and cooperate with the State regarding recovery. remediation. and the necessity to involve law enforcement. as determined by the State. After an Incident. Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State. which may include. but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. 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 be a "Third-Party Service Provider" as defined in §24-73-103(1)(i). C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 er seq.. C.R.S. In addition, as set forth in § 24-74-102. et. seq.. C.R.S.. Contractor. including. but not limited to. Contractor's employees, agents and Subcontractors. agrees not to share any PII with any third parties for the purpose of investigating for. participating in. cooperating with. or assisting with Federal immigration enforcement. If Contractor is given direct access to any State databases containing PII. Contractor shall execute. on behalf of itself and its employees. the certification attached hereto as Exhibit_on an annual basis Contractor's duty and obligation to certify as set forth in Exhibit shall continue as long as Contractor has direct access to any State databases containing PII. If Contractor uses any Subcontractors to perform services requiring direct access to State databases containing PII, the Contractor shall require such Subcontractors to execute and deliver the certification to the State on an annual basis. so long as the Subcontractor has access to State databases containing PII. 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. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105. C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of§24-18-105, C.R.S. with regard to this Grant. 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 Page S of 11 ._er�wn04.20,2 DocuSign Envelope ID: 3CBE38B8-4DAA-49A6-8594-28FCCED5645B 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 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. 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. 2-1-10- 101. et seq.. C'.R.S.: the Federal Tort Claims Act. 28 U.S.C. Pt. VI, C h. 1'71 and 2S 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. Page 9 of 11 Version c4'c:: DocuSign Envelope ID- 3CBE38B8-4DAA-49A6-8594-28FCCED5645B 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 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. Page 10 of 11 Verson 04_2C2_ DocuSign Envelope ID 3CBE38B8-4DAA-49A6-8594-28FCCED5645B K. Accessibility Contractor shall comply with and the Work Product provided under this Contract shall be in compliance with all applicable provisions of§§24-85-101. et seq.. C.R.S.. and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to Section §24-S5-103 (2.51. C.R.S. Contractor shall also 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 (\V'CAG). incorporated in the State of Colorado technology standards. ii. Contractor shall indemnify, save. and hold harmless the Indemnified Parties, against any and all costs. expenses. claims, damages. liabilities, court awards and other amounts (including attorneys' fees and related costs) incurred by any of the Indemnified Parties in relation to Contractor's failure to comply with §24-85-101. et seq.. C.R.S.. or the_-1cce.s.sibilin• Standards for Individuals with a Di.sabilitt as established by OIT pursuant to Section §24-85-103 (2.5). C.R.S. iii. The State may require C'ontractor's compliance to the State's Accessibility Standards to be determined by a third party selected by the State to attest to Contractor's Work Product and software is in compliance with §§24-85-101. et seq., C.R.S.. and the Accessibility .Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5). C.R.S. Page 11 of 11 Version 04.2C DocuSign Envelope ID 3CBE38138-4DAA-49A6-8594-28FCCED5645B C COLORADO Colorado Office of Just Transition di, 633 17th Street Suite 1200 '' Department of Denver CO 80202-36601 (303 1 318-8000 CD IE Labor and Employment colorado qov cdlethe-office-of-just-transtion EXHIBIT A: STATEMENT OF WORK Just Transition Community Funding I City of Pueblo I Transition Project Manager Introduction The Office of Just Transition ("OJT"), in the 2021 legislative session, received $8 million in state stimulus funds to assist coal transition communities' transition away from coal-based economies (§§ 8-83-501 to 506, C.R.S.). Broadly, the OJT funds support strategies and projects that intend to, over the long-term, broaden the tax base, diversify the local economy, and develop family-sustaining jobs. These community assistance funds are designed, in part,to support "communities in several ways including regional capacity for coordination of economic development programs" [§ 8-83-504(4)(a)(II), C.R.S.]. Background In establishing the Office of Just Transition during the 2019 legislative session,The Colorado Legislature made a moral commitment to assist communities transitioning away from a coal-based economy.The legislature defined Tier One and Tier Two impacted communities and directed OJT, and an advisory committee, to develop an action plan for assisting these communities. The Just Transition Action Plan (the "Action Plan")was finalized in December 2020 and outlined six strategies to assist in creating more family sustaining jobs, broadening the property tax base, and diversifying economies. Included in the six strategies are commitments to:target early successes in business start-ups, expansion, retention, and attraction; empower communities with resources to drive their own economic transitions; and coordinate infrastructure investments to support local and regional transition strategies. In 2021, the legislature provided $15 million in funding to OJT to implement the Action Plan and to provide financial assistance to coal transition communities as well as the transitioning workforce. Of the $15 million, $8 million was specifically allocated for Action Plan implementation and community assistance. The OJT, with guidance from the advisory committee, divided those funds into three primary buckets: 1) community assistance, 2) central projects and investment, and 3) administration.The community assistance bucket was then apportioned to the legislatively-defined transition communities with specific earmarks based on transition impact. Those communities were invited to apply for funding under the guidelines established in the Guidance for Colorado Just Transition Community Funding Opportunities (the "Guidelines"). The Guidelines provided information about the earmarks, enhanced regional collaboration, and defined the non-competitive application process. Purpose The City of Pueblo's Transition Strategic Planning Project ("Project") provides funding to hire a full-time employee, the Transition Project Manager, to develop a transition plan, attract new investment, and serve as a transition coordinator leading up to and during the coal-burning Comanche Plant closure. DocuSign Envelope ID 3CBE38B8-4DAA-49A6-8594-28ECCED5645B Scope of Work Services and Expected Result This three year, capacity-building project revolves around hiring a Transition Project Manager who will develop and write a long-term transition plan to address the loss of 77 direct, high-paying jobs (and 4 indirect jobs for each direct job) and in excess of 526 million annually in property tax due to the early closure of the coal burning Comanche 3 power plant(Comanche 1 and 2 are also retiring this decade). The Transition Project Manager will work closely with the established Transition Steering Committee to create the plan, including targeting early successes in business start-ups, expansions, retention, and attraction of new industries. The conclusion of the three year project will result in a long-term transition strategy and investment plan for Pueblo to address the significant impact of the early closure of the Comanche 3 Power Plant.The plan intends to chart a path to achieving more good-paying jobs than will be lost, and through the growth of existing businesses and the introduction of new businesses, a diversified economy and a broader property tax base. Project Schedule and Location The Project will be conducted in Pueblo Colorado from Effective Date to December 31, 2025. Project Deliverables Within the project's timeframe, the City of Pueblo shall complete the following deliverables: 1) Create and hire for the position of Just Transition Project Manager, 2) Provide Annual Transition Plan status reports to OJT, and 3) Produce a Final Transition Plan to OJT upon completion of the project. Deliverable Description of Deliverable Due Date Create and hire for the This position drives the transition Hire by: 10/1/22 Just Transition Project strategy development through research, Period of work: 10/1/22 - Manager Position, outreach, fund development, and 12/31/25 including operating costs financial forecasting, in collaboration with the previously established transition team. Operating costs include technology, advertising, and administrative costs. The City of Pueblo will invoice OJT for incurred expenses by the 15th of each month. Annual Transition Plan The Transition Project Manager will 6/30/23 -6/30/25 Status Reports provide OJT with a written annual update on the strategic plan by June 30 of each project year. Final Transition Plan The Transition Project Manager will 12/31/25 provide OJT with a written copy of the final transition strategy plan by December 31, 2025. DocuSign Envelope ID 3CBE38B8-4DAA-49A6-8594-28FCCED5645B Organization and Personnel Qualifications Nick Gradisar, Mayor of Pueblo, is the OJT liaison for this Project. If Mayor Gradisar is no longer with the City of Pueblo at any time during this Agreement, the new or interim Mayor shall become the liaison for this Project. Project Reporting Requirements 1) Two annual Project Update Reports from Project start to completion. These reports will include: • Project Update Report Due Dates: Yearly on June 30, until the Project is completed. Yearly on December 31, until the Project is completed. • Project timeline. Current progress toward final goal. Compare progress with Project timeline. Explain any departures from anticipated schedule, identify how these departures will be remedied, and Project the case of work for the next reporting period. • Document accomplishments, benefits, and impacts the activities and the Project are having on the community. Specifically noting where activities have led to job creation/retention, private investment, increased regional collaboration, engagement with historically excluded groups or regions, enhanced regional capacity, and other positive economic benefits. • Outstanding or new needs. Specifically noting what, if anything, OJT can reasonably assist with. • Any requested changes to the original agreement (OJT office must be notified of any requests prior to the submission of reporting requirements). 2) Final Report. The final report will include: • Final Report Due date: No later than 45 days after Project completion. • Project impact: Jobs created. New property tax amounts. Total amount of private investment, if any, leveraged as a result of the Project. Total amount of other funding and stages involved in the Project. Increased regional collaboration and/or capacity. Engagement with historically excluded groups or regions. Other positive economic benefits. • Financial reporting including budget line item, related deliverable, amount spent (broken out by stages), and date of purchase, and any outstanding proof of expenditures. If using funds as match, include funds leveraged from OJT award. • Remaining needs, if any, noting what, if anything, OJT can reasonably assist with. Monthly Financial Reporting Reauirements and Invoice Process By the 15th of each month: • invoice OJT for project expenditures accrued during the previous month. • The invoice must be accompanied by an expenditure report, typically generated from financial tracking software, detailing the amount spent, related deliverable, and date of the expenditure. Receipts for any purchased items should also be included with the invoice. DocuSign Envelope ID 3CBE3868-4DAA-49A6-8594-28FCCED5645B • If there have been no expenditures for the previous month, no invoice needs to be submitted. • Invoices, expenditure reports, and receipts can be sent to Terri Livermore at terri.livermorePstate.co.us Questions? Call Terri at 720-670-1626. Funding Amount $461,538 Period of Work Effective Date- December 31, 2025 DocuSign Envelope ID 3CBE38B8-4DAA-49A6-8594-28FCCED5645B Total Line State Funds Deliverable Item Cost (OJT only) Other Funds Other Fund Source Transition Project Manager $450,182 $450,182 $0 N/A Project Operating Costs $15,250 $11,356 $3,894 City of Pueblo Transition Plan Status Updates $0 $0 $0 N/A Final Transition Plan $0 $0 $0 N/A Totals $465,432 $461,538 $3,894 DocuSign Envelope ID 3CBE38B8-4DAA-49A6-8594-28FCCED5645B EXHIBIT B-PII CERTIFICATION STATE OF COLORADO THIRD PARTY ENTITY/ ORGANIZATION CERTIFICATION FOR ACCESS TO PII THROUGH A DATABASE OR AUTOMATED NETWORK Nicholas Gradisar Cit of Pueblo Pursuant to 3 24-74-105. C.R.S.. I. , on behalf of y I legal name of entity organization) (tile -Organization.), hereby certify under the penalty of perjury that the Organization has not and will not use or disclose any Personal Identifying Information. as defined by 24-7.1-102(1). C.R.S.. for the purpose of investigating for.participating in. cooperating with. or assisting Federal Immigration Enforcement. including the enforcement of civil immigration laws, and the Illegal Immigration and Immigrant Responsibility Act. which is codified at 8 U.S.C. §§ 1325 and 1326. unless required to do so to comply with Federal or State law. or to comply with a court-issued subpoena. warrant or order. I hereby represent and certify that I have full legal authority to execute this certification on behalf of the Organization. DocuSigned by: ar Signature: WOW S a�.i Sa r a'SeC385;f DCO24'2_. Printed Name: Nicholas Gradisar Title: 1ayor 10/5/2022 Date: Exhibit B Page 1 of 1