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HomeMy WebLinkAbout2011-02 IGA with the State Board of the Great Outdoors CO Trust Fund for Red Sandstone Elementary Playground Improvement Grant r 1 RESOLUTION NO.2 Series of 2011 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR THE RED SANDSTONE ELEMENTARY SCHOOL PLAYGROUND IMPROVEMENTS GRANT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter "); WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, the Town owns the property referred to as the Red Sandstone Elementary School playground, (the "Playground "); WHEREAS, the Town has received a grant from the Great Outdoors Colorado Trust Fund ( "GOCO ") for the renovation of the Playground; WHEREAS, the Town and GOCO wish to enter into an Intergovernmental Agreement (the "IGA ") outlining the terms and conditions which the Town will fulfill to obtain the grant; WHEREAS, the Council considers it in the interest of the public health, safety and welfare to enter into this IGA; and WHEREAS, the Council's approval of Resolution No. 2, Series 2011, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the IGA with GOCO for the Red Sandstone School playground renovation, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. The Council authorizes the expenditure of funds as necessary to meet the terms and obligations of the IGA. Section 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 1" day of February, 2011. Richard Clevelan Town Mayor N0� V ,ATNEST: Q '•�� orelei Donaldson E A Town Clerk 00000* 00000 La Resolution No. 2, Series 2011 i S GRANT AGREEMENT DA'L'E: PROJECT: . School/Nei Project Title, Red Sandstone bborhood Playground Renovation 8 a. Contract Number: 11069 b. Project Location: C omp l e ti on Date: December 8, 2012 PARTIES TO AGREEMENT: Board: The State Board of the Great Outdoors Colorado Trust Fund Address: 1600 Broadway, Suite 1650 Deaver, CO 80202 Telephone: (303) 226 -4500 Facsimile. (303) 863 - 7517 Grantee: Town of Vail Address: 75 South Frontage Road Vail, CO 81657 Contact Name: Gregg Barrie Contact Title: Landsape Architect Telephone: (970) 4792337 Facsimile: (970) 479 -2166 Email ; GBarrie@vailgov.com RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund (referred to herein as 6• ""Board") is a political subdivision of the State of Colorado, created by Article GOCO or the ) Po XX V11 of the Colorado Constitution, adopted at the November 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs invest those e, open space and recreational in the State's parks, wildlif the Board to P resources. In 1994 the Board created a statewide grant program, pursuant to which eligible .. B ' door recreation projects ntities could apply for grants for local government parks and out to P j which Grantee responded with a detailed application (the ••Project Application 1. C. Grantee submitted a Project Application to the Board which contemplates the exec project execution of the 'eet entitled and described above (the "Project'j. The parties acknowledge that they have on file a complete copy of the Project Application* D. The Board approved Grantee's Project Application on December 8.2010, subject to the execution of a detailed grant agreement, and subject to the terms and conditions set forth herein. The parties intend this agreement to be the detailed final grant agreement required by the Board (the "Agreement'j. AGREEMENT NOW, THEREFORE, in consideration of the parties' mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. IncgMoration of Recitals The Recitals set forth above are hereb y inc orated into the terms of this Agreement. � 2. Representations and Warranties of Grantee i a. Grantee is a Municipality, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of, this Agreement. b. Grantee's governing body has authorized entering into this Agreement as evidenced by the resolution attached hereto as Appendix A. f C. Grantee warrants that it has good and sufficient title to the property or properties on which the Project is to be located (the "Property"). GOCO may require Grantee to provide evidence of its ownership of the Property and encumbrances against the Property satisfactory to GOCO in GOCO's discretion prior to funding. f t 3. Grant And Project Subject to the terms and conditions set forth in this Agreement, the Board hereby awards to Grantee a sum not to exceed $ 161,203.00 (the "Grant "). The Grant shall be used by Grantee solely to complete the Project, in substantial conformity with the final plans, specifications, designs and uses approved by the Board. y 1 4. Project Seo e . Grantee shall not materially moth the Project or the Project bud n Y fy � � get (attached hereto as Appendix B, the "Budget ") without the prior written approval of the Executive Director of GOCO ( "Executive Director") or the Executive Director's designee, such ` approval to be in GOCO's sole discretion. Any material modification to the Project undertaken r without GOCO's prior written consent may be deemed a breach of this Agreement by GOCO, entitling GOCO to all remedies available under this Agreement. if Grantee determines with reasonable probability that the Project will not or cannot be completed as reflected in the Project Application, Grantee will promptly so advise the Board, and cooperate in good faith to seek a resolution before any further funds are advanced. S. Grantee Efforts Grantee shall complete the Project in a timely fashion, in a good and workmanlike manner, and consistent with this Agreement and GOCO's approvals related to the Project. Z t t i i t r _ . 1 1 shall Complete the . Completion Date Grantee Project and submit its Final Report no p J l ater than December 8, 2012 (the "Completion Date ") which is two calendar years aver the t . Grantee may r an extension of the Completion Date in Board's approval of the Protect y q � compliance with GOCO • s Y Overdue Grants Policy, a summary of which is attached as Appendix ) C ( Grants Policy " . if Grantee determines with reasonable probability that the Project wil not or cannot be completed by the Completion Date or any extended completion date, advise the Board, and Grantee will promptly so cooperate in good faith to seek a resolution before any further funds are advanced. t the matching cash and in -kind contributions for 7. Matehina Funds Grantee shall obtain h g the Project as reflected in the Budget and as required by GOCO policy, and shall provide such evidence of the same may e as GOCO require in its discretion from time -to -time. Y re q 8. Disbu emeat of Funds ee opts to receive a onion of the Grant funds prior to a. Advance Payment: If Grant p P ' Project an "Advance beginning work on the P Payment"), Grantee shalt provide GOCO with a � ( Y copy of the fully executed contract or contracts under which a substantial portion of the Project will be completed. Such contract or contracts shall show the work and the cost of the work to be in its discretion, request additional documentation to support an completed. GOCO may, q ym Advance Payment. An Advance Payment for Local Park and Outdoor Recreation Grants shall ° contracted for the ot exceed 70 /o of the funds contrac Project or 50% of the Grant, whichever is less. t y An Advance P for Mini Grants shall not exceed 75% of the funds contracted for the , Protect or 50% of the Grant whichever is less. An Advance Payment shall be considered a loan c until the Protect is com lete and Final Payment (as defined below) has been made. If Grantee p Progress Payment (as defined below). 1 opts s to receive an Advance Payment, it may not receive a g y • Grantee has opted to forego an Advance Payment and has opted to Progress Payment: If p 8 b' Y o com letin work on the Project (a receive a portion of the Grant funds after starting but prior t p g J •• Progress Payment ), Grantee shall provide GOCO with a progress report detailing expenditures progress made to date ( "Progress Report The Progress Report must be submitted using and www . g oco.or g or contacting GOCO). GOCO GOCO 's Progress Report form (available at goc g Y 8 F discretion request additional documentation to support making a Progress Payment. may, �n its � q ' A Progress Payment for Local Park and Outdoor Recreat ion Grants shall not exceed 70% of the for the Protect or 50% of the Grant, whichever is less. A Progress ` funds expended to date t ' Payment for Mini Grants shall not exceed 75% of the funds expended to date for the Project or 50% of the Grant, whichever is less. A Progress Payment shall be considered a loan until the • • Payment as defined below has been made. If Grantee received an Protect is complete and Final Payme ( ) � Advance Payment, it may not receive a Progress Payment. a f f C. Final Payment: Once the Project is complete, Grantee shall submit a final report to LOCO detailing the accomplishments of and expenditures related to the Project (the "Final Re rt' .The Pro'ect is "complete" when all facilities, trails or other improvements included in E Po ') J the Project have been bui it and are ready for their intended use. The Final Report must be t • ' ( available at www. xoco.or orb contactin submitted using LOCO s Final Report form ti g Y ! t r 3 r f GOCO). LOCO may, in its discretion, request additional documentation before its approval of the contents of the Final Report. Upon GOCO's review and approval of the Final Report, GOCO shall pay the outstanding balance on the Grant (the "Final Payment "), subject to any reductions contemplated by any provision of this Agreement. 9. Conditions for DisburnMent of Funds. Except as provided in Paragraph 10 below, the Grant is subject to the following requirements and conditions. a. The Grant and all matching funds shall be used only for the cost of fixed assets, including construction of new facilities, and enlargement or renovation of existing facilities. The Grant and all matching funds may not be used to pay for maintenance costs, administrative costs (such as salaries associated with administering the Grant, office supplies, telephone, or travel expenses), non -fixed assets (such as athletic or maintenance equipment), or any other costs s deemed to be ineligible by the Board, at the Board's sole discretion. Notwithstanding the foregoing, matching funds may include up to 50% of the total design, engineering and/or # architectural costs, c b. Disbursement of Grant funds shall be made on the basis of costs actually incurred by Grantee and supported by written documentation (receipts, bills, etc.). GOCO may, in its + discretion, depending on the nature of the Project, require documentation of mechanics lien waivers or waivers of claims to public project performance bonds as a precondition to any disbursement under this Agreement. f C. Except as otherwise agreed to in advance by GOCO in accordance with the terms of this Agreement, no material modifications may be made to the Project. Material modifications to the t Project to which GOCO has not agreed may result in a reduction in the Grant. "Material r modifications" may include, but are not necessarily limited to, a reduction in the total cost of the f P o f I ' Project, a reduction �n the size or number of recreational development components to be constructed, changes to the nature of the recreational development components to be constructed, r or any other variance from the Project as presented in the Project Application. It is the sole responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to make any such modifications, however seemingly minor, to the Project. 10. Waiver. The Executive Director or the Executive Directors designee may in such person's discretion, waive or agree to modify one or more of the obligations in sections 8, 9, and 16 of the Agreement, or may permit performance of one or more of such obligations subsequent to disbursement. t 1 l . Payment of Grant Subject to Sufficient Net Lottery Proceeds Payment of the Grant + is subject to GOCO's determination in its sole discretion that it has received and has available sufficient net lotto proceeds to fund the Grant. In determining the sufficient of net lottery . i proceeds, GOCO may consider all facts and circumstances as t deems necessary or desirable �n its discretion, including, but not limited to, adequate reserves, funding requirements and/or ' commitments for other past, current and future grants, and past, current and future GOCO operating expenses and budgetary needs. s 4 t f 12. Project 02aaflow and Mmintenans a. Grantee shall operate, manage, and maintain the Project in a reasonable state of repair for the rpo u ses specified ified in the Project Application for a period of 25 years from the date of p completion of the ject Pro or the useful life of the Project, in accordance with product warranties and/or the generally accepted ted standards in the parks/recreation community, and provide and p maintain access to the Project and to the Property, regardless of the Property's ownership. with the provisions of . Failure to comply Paragraph 12.a. may be deemed a breach by p S Grantee under Paragraph 21, below. C. GOCO shall not be liable for an cost of maintenance, management or operation of the Project. days q d. Within 6o da o f a reasonable request by the Board, Grantee will provide the Board with operating adequate records reflecting the o eratin and maintenance costs of the Project and provide the Board with such other information concerning the use of the Project by the public and the impact of the Project. 13. Public AcS Grantee agrees, for itself and its successors in interest, to allow reasonable public access to the Project for the term specified in Section 12. Grantee may temporarily raril close such public access for construction, maintenance, emergency situations, or other reasonable purposes. 14. CoLlIpliagee with R alato R ulrements and Federal and State Masdat Grantee hereby assumes responsibility for compliance with all regulatory requirements in all applicable areas, including but not limited to nondiscrimination, worker safety, local labor prefe renc es, p programs, referred vendor ro ams, equal employment opportunity, use of competitive biddin g. permits, rmits approvals, and other similar requirements. To the extent permitted by law, PP Grantee will indemnify and hold the Board harmless from any liability for any failure to comply with any such applicable requirements. 15 sc m na a . Nondi ri i o During he performance of this Agreement, Grantee and its g contractors subcontractors and agents shall not unlawfully discriminate against any employee or applicant employment icant for because of race, religion, color, national origin, ancestry, physical P Y handicap, medical condition, marital status, age or sex, or any other basis prohibited by local, state or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Further, during the performance of this Agreement, Grantee and anyone acting on behalf of Grantee shall not engage Y in an unlawful discrimination in permitting access and use of the Project. 16. Publicity and Protect Information. a. Grantee shall erect and maintain a sign at a prominent location on the Project site acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. GOCO s t r N will provide such signs at no cost to Grantee. Alternatively, GOCO will rovide reproducible ` P P � samples of its logo to Grantee for custom signs. j i. GOCO shall approve in advance the design of any permanent sig materially Y varying from the signs provided by LOCO. To obtain such approval, Grantee shall submit to GOCO tans describing t p he number, design, placement, and wording of signs and placards shall be submitted to the Board for review and approval prior to completion of the Project. J � ii. The Board may withhold Final Payment pending evidence of placement of permanent signage. b. Grantee shall acknowledge Board funding in all publicity issued by it concerning the r Project. C. Grantee shall cooperate with the Board or the Board's designee in advance in preparing public information pieces related to the Project. d. Grantee shall give the Board the right and opportunity to use information g ained from the ` Project. e. Grantee shall give the Board a minimum 30 days' notice of Project grand openings, dedications, or other events. f. Grantee shall give timely notice of the Project, its inauguration, significance, and ` completion to the local members of the Colorado General Assembly, members of the board of county commissioners of the county or counties in which the Project is located, as well as to other appropriate public officials. g. Grantee shall provide quality digital photographs (or printed photographs, if unable to provide digital photographs) of the completed Project with the Final Report. h. At no time shall Grantee represent in any manner to the public or to any party that it is affiliated with GOCO or acting on behalf of GOCO. ; 17. Lia bili t y . a. Grantee shall be responsible for, and to the extent permitted by law (including any constitutional or statutory limitations on the ability of a governmental entity to provide indemnification), indemnify, defend and hold harmless the Board, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs (including reasonable t legal fees) resulting from, growing out of, or in any way connected with or incident to Grantee's performance of this Agreement. Grantee hereby waives any and all rights to any type of express or implied indemnity or right of contribution from the State of Colorado, the Board, its members, officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. Grantee acknowledges that Grantee is the owner of the Project and the Property upon which it is located, or has control of the Project and the 6 r 's possesses nor controls the Project, the Property, nor the Property, and that GC)CO neither po ., op of the Project• ' pe ` t • cont notwithstand b. Anything else in this Agreement to the cons ry , no term or condition of 8 this Agreement shall be construed o r inter as a waiver, either express or implied, of any of rp immunities, fits or protection provided to the Board under the Colorado t the rights, benefits P P future Governmental Immunity Act (CGIA" ) as amended or as may be amended in the r Govcrnm Y • l an amendments to such statute, or under any similar statute (including, without Ism Y i q ualifies for This provision may apply to Grantee if q which is subsequently enacted). p e Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq. The protection under th ' Board and Grantee understand and agree that liability for claims for injuries to persons or property arising out negligence ' ' of the of the Board, its members, officials, agents and employees or limited b the provision of the CGIA. The parties agree that no may be controlled and/ Y P provision Agreement the extent to which vi ion of this A eement shall be construed in such a manner as to reduce • liability the Board its members, officers, agents and employees. the CGIA limits the I�ab�l�ty of . shall maintain standard financial accounts, documents, 18. Audits and Account�a� Grantee and records relating in to the use, management, and operation of the Project. The accounts, related to the Project shall be retained by Grantee for not less than five documents, and records Board or its ` following the date of disbursement of funds under this Agreement. The , (S) years 8 notice to Grantee, to audit the books and � designated agent, shall have the right, upon reasonable • . g� Grantee which pertain to the Project and to the use and disposition of the Grant. s records of ra Pe Accounting Principles), ' While Grantee is not required to use GAAP (Generally Accepted A g P 'ate accounting s ystems in maintaining the required Grantee shalt use reasonable and appropr� 8 Y r records hereunder. ou hout the term of this Agreement, GOCO shall have the right to 19. Ins ion. Thr g c inspect the Project to ascertain compliance with this Agreement. ; � Witbd waI of Boa Fund • Tern�i ation of A ree=nent. Anything else in this E 20 ' in the Board may withdraw, in whole or in A reanent or otherwise to the contrary notwithstand g, Y g n part, the Grant and/or terminate this Agreement, and/or seek a refund of payments already made if the Board determines in its discretion that: • fundamentally alter the a. facts have arisen or situations have occurred that fund Y expectations of the parties or make the purposes for the Grant as contemplated infeasible or impractical; t • of the Project have occurred from that b• any material modifications �n the scope or nature i which was p resented in the Project Application and such material modifications have not � received the prior written approval of GOCO; statement or representation made by Grantee in the Project Application, this C. any P Ag reement, the Advance Payment documentation, the Progress Report, the Final Report, or i in an material respect; otherwise is untrue, inaccurate or Y 4 7 v ` f d. the results of GOCO's review of the Advance Payment documentation, the Progress Report, or the Final Report are not acceptable to GOCO; C. the Project will not or cannot be completed by the Completion Date or any extensions granted thereto or delays in the implementation of the Project have occurred which, in the t Board's judgment, make the Project impracticable; ' Pro' will of or cannot completed w' g f. the sect I1 n be c pletcd ith�n the Budget or any approved V modifications, or the total Project cost and/or Grantee's matching funding are reduced; i g. title to or encumbrances against the Property are or become such that Grantee is unable to complete the Project, or the Pro ject and/or the Property are or become unavailable for public use; h. sufficient net lottery proceeds are not available to fund the Grant. r 21. Breacb. a. In the event that Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement, the Board may elect to enforce any and all remedies available at law or in equity, including without limitation, any of the following: i. Prior to payment of Grant: s A. Withdraw the Grant and terminate this Agreement; and, B. Deny Grantee eligibility for participation in future Board grants, loans or projects. ii. After payment (partial or full) of Grant: A. Deny Grantee eligibility for participation in future Board grants, loans or f projects; B. Seek specific performance of Grantee's obligations under this Agreement; C. Receive reimbursement in full of disbursement made under the Grant. t b. The foregoing remedies are cumulative and may be exercised independently or in combination and are not exclusive to one another or to any other remedies available at law or in equity. In the event GOCO must pursue any remedy hereunder and is the substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of collection. E 22. Good Faith. There is an obligation of good faith on the part of both parties, including the obligation to make timely communication of information which may reasonably be believed to be material to the other party. s II 23. Assign ment. Grantee may g not assign its rights under this Agreement without the consent , of the Board which consent shall be in the discretion of the Board. Any assignment shall require, at a minimum, that the assignee is eligible to receive grants from the Board and assumes Grantees ongoing obligations under this Agreement. licable Law This Agreement shall be governed by the laws of the State of Colorado F 24. ADD g and venue for an dispute hereunder shall lie exclusively in the State Courts of the City and Y p , County of Denver. T v 25. No Jo int Venture. Nothing n this Agreement shall be construed to create a joint g 8 venture, partnership, employer/employee or other relationship between the parties hereto other e ,p p ' independent contracting parties. Except as permitted under the remedies provisions than epe g Pa ions ' hereunder, neither party shall have the express or implied right to act for, on behalf of, or in the f name of the other party. t 2 a 6. Sever bill . if an provision of this Agreement, or the application thereof, is found to any invalid, the remainder of the provisions of this Agreement, or the application of such M• provision, other than those as to which it is found to be invalid, shall remain in full force and effect. F E 27. Time is of the Essence. Time is of the essence in this Agreement. 28. Surviva The terms and provisions of this Agreement and the parties' covenants hereunder shall survive the funding of the Grant and the completion of the Project. i I 29. Fax and Counterparts. This Agreement may be executed in one or more counterparts, ! each of which shall be an original, but all of which when taken together shall constitute one t Agreement. In addition, the parties agree to recognize signatures of this Agreement transmitted Y by telecopy or e-mail as if they were original signatures. 30. 'Third Party Benenei The Board and Grantee hereby acknowledge and agree that • 'v t and obligations between the Board this Agreement is intended only to cover the relative rights g d Grantee and that no third art beneficiaries are intended. t an party s 31. Con struction. Each party hereto has reviewed and revised (or requested revisions of) • requiring ambiguities t this Agreement, and therefore, any usual rules of construction requiring that ambigu saretobe tie resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. 32. Waiver. The failure of either party to enforce a term hereof shall not be deemed a waiver 0 of such term or right of enforcement as to that breach or any subsequent breach of the same, similar or different nature. No waiver shall be enforceable hereunder unless signed by the party against whom the waiver is sought to be enforced. F I 9 f r_ 33. EndrC Agr eement. Exce t as ex expressly provided herein this Agreement constitute p P Y P g s t he entire agreement of the parties. No oral understanding or agreement not incorporated in this g � Agreement shall be binding upon the parties. No changes to this Agreement shall be valid unless made as an amendment to this contract, approved by the Board, and signed by the parties. IN WITNESS WHEREOF the arties b i t p y s ig nature below of their authorized representatives execute this Agreement effective as of the _ day of 2011. STATE BOARD OF THE GREAT GRANTEE: OUTDOORS COLORADO TRUST FUND Town of Vail By: g Lise Aangeenbrug Name: Executive Director Title: 4 4 t 1 / 4 1 R 1 i Q f r t 1 Y S f i , Z f t 10 i i f r w s' F i 1 1 r x t t S c APPENDIX A RESOLUTION t 4 r r r t Y- I 1 1 1 i 1 r 1 t 1 c cis u � el� u W � A 04 •o r Z CL few W 4. a u � C ti cc E { l s f t f 1 i r I i i I i 1 1 z' k' I S I i i r 1 s i APPENDIX C SUMMARY OF OVERDUE GRANTS POLICY (For information only - GOCO's full Overdue Grants Policy can be found at www•goco•org) E s r. f i t • R i • 1 , 't t r E + t i t GREAT OUTDOORS COLA O Summary of Great Outdoors Colorado Overdue Grants Policy See www.Loco.ortt or call 303- 226 -4500 for a complete copy of the Overdue Grants Policy Grant is current and the original due date is applicable. GOCO Staff ("Staff") will send a letter to the Grantee within 60 days of the project's anticipated due date to remind Grantee that the final report will soon be due. This letter will also remind the Grantee of GOCO's policy for project modifications and project ' extensions. # i Failure to complete the project b the original due date, or an extended due dates p p J Y Y Y , authorized by GOCO as discussed below, may result in the de- authorization of the grant by } the GOCO Board ( "Board "). Also, failure to complete the project by the applicable due t' date may result in the applicant being suspended from applying in pending or future grant cycles. Grant is current and the original due date is applicable, but the grantee needs to t request an extension. If the Grantee needs to extend the original due date of the current project, the Grantee must notify GOCO immediately by submitting a written request to the Executive Director of GOCO (' Director'l that outlines the specific need for the extension, known as a # Request for a Staff Extension. Staff extensions do not exceed 90 days. LOCO Staff have the discretion to grant one 90-day extension if the request is deemed reasonable and warranted. Staff will notify the Grantee in writing of the decision to grant or deny the request for a staff extension. Failure to submit the Request for a Staf'Extension to the Executive Director 30 days prior to the original due date may result in the de- authorization of the grant by the Board. If the Grantee needs an extension of more than 90 days, the Grantee shall forgo the staff extension and apply for a Board extension as discussed below. Grant is current and the Grantee has already received a staff extension and desires r further extension by the Board, OR the Grantee elects to forgo the staff extension in t favor of seeking a Board extension. t If the Grantee needs an extension in addition to the staff extension, or has elected to forgo the staff extension, the Grantee must notify GOCO immediately by submitting a written request to the Executive Director that outlines the specific need for the extension, known as a Request for a Board Extension. The Grantee's Request for a Board Extension will be considered by the Board at its next scheduled meeting. The Board has the sole discretion to grant or deny the requested extension. The grant will not be considered overdue while the request for extension is pending. r r L 1 R • Failure to submit the Re f or a Board Extension to the Executive Director 30 days R e q uest f prior to the original due date or staff extended due date may result in the de- authorization ig of the grant by the Board. Great is overdue; the Taal due date or extended due date has passed* e original If the Grantee has not fulfilled the requirements of the GOCO grant award, and has not project completed the 'ect by the original due date set forth in the Grant Agreement or by any p p exten ded date as a pp s roved by GOCO, staff will send a De- authorization Warning letter to the Grantee no later than 60 days after the applicable due date has passed. The De -autho r Warning letter will state that the grant shall be presented to the De-autho S Board for de- authorization or other appropriate action at the next scheduled Board meeting. The Grantee must respond to the De- authorization Warning letter at least 14 days prior to that Board meeting. The Board has the sole discretion to de- authorize the grant, extend the due date or take an other action it deems appropriate, including but not limited to modifying the terms and conditions of the grant award. Staff will notify the Grantee in writing o 's decision. If an extension is not granted, a written Notice of De- �t�ng of the B and authorization will be sent to the Grantee. Failure to respond to the De- authorization Warning letter will result in an automatic de- author g i 'on of the rant and will result in the applicant being suspended from applying in pending or future grant cycles. t t t y f t 1 t i r � t f 0 i APPENDIX D INTERGOVERNMENTAL (or other) AGREEMENT � (if applicable.) r t S i 3 t { i r r t ._ , � T 4 • T- G"