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Home My WebLink About20133442.tiffRESOLUTION RE: APPROVE AGREEMENT FOR FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE PROGRAM GRANT AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Federal Emergency Management Agency (FEMA) Public Assistance Program Grant between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Office of Emergency Management, commencing upon full execution, and ending September 10, 2018, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the Federal Emergency Management Agency (FEMA) Public Assistance Program Grant between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Office of Emergency Management, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of December, A.D., 2013. Weld County Clerk to the Board BY:r`ilL1 Deputy Cl to the Board BOARD OF COUNTY COMMISSIONERS WELD COUN -OLODO William F. Garcia, Chair ougla r, ro-Tem can P. Conway AP•'s''D •,i Fs l �. un y Attorney DEC 312013 Date of signature: ara Kirkmeyer 12-11111 Ocvn t ST Ft, ACf: t (SS, PW iCA 2013-3442 4 l U 1 l 14 s 0045 cd John W. Hickenlooper GOVERNOR James H. Davis EXECUTIVE DIRECTOR Colorado State Patrol Colorado Bureau of Investigation Division of Criminal Jessica Division of Fire Prevention and Control Division of Homeland Security and Emergency Management OS November 27, 2013 Roy Rudisill Director - OEM Weld County 1150 O Street Greeley, CO 80632 Re: DR-4145-FEMA Public Assistance Program Dear Mr. Rudisill: Division of Homeland Security and Emergency Management Kevin R. Klein, Director 9195 E. Mineral Avenue, Suite 200 Centennial, CO 80112 720.852.6600 FAX 720.852.6750 Office of Emergency Management Dave Hard, Director Enclosed please find a Colorado Division of Homeland Security and Emergency Management grant agreement for the FEMA Public Assistance Program, including an attachment with Exhibits. Please ensure familiarity with these documents before signing, as they provide important information regarding the proper implementation of your FEMA Public Assistance grant. As project worksheets are developed, reviewed, approved, and obligated, you will receive a Form 1 Grant Change Letter with the associated documents. All of your FEMA Public Assistance Program large projects will subsequently fall under this grant agreement. Upon return of the signed grant agreement (please send two copies with original signatures), further instructions will be sent regarding reporting procedures, reimbursements, and closeout requirements. Please direct all inquiries to Deputy State Public Assistance Officer Deanna Butterbaugh at Deanna.butterbaugh@state.co.us or 720.852.6697. Sincerely, ,Arkk (AA fr Aft Marilyn Gaily State Public Assistance Officer Division of Homeland Security and Emergency Management Enclosures: Grant Agreement Exhibits FFATA Form htto://cdpsweb.alate.co.us http://coemerpency.com 2O era oo\ "\,�� ` DIVISION „eT ° r82 OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT FFATA/FSRS Data Resort The FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) requires the Division of Homeland Security and Emergency Management (DHSEM) to collect the following information for each 2013 sub -award of $25,000.00 or more. This information is required by the Office of Management and Budget (OMB) and must be submitted by DHSEM into the SUB -AWARD REPORTING SYSTEM (FSRS). Unless otherwise indicated, all fields must be completed in order to be an eligible sub -grant recipient. Information Field Field Description Response Agency or Jurisdiction DUNS # DUNS number assigned to your jurisdiction or specifically to your agency (2,-7,c- ?S 7 9S -5 -- Parent Organization DUNS number, if applicable If the Jurisdiction has a DUNS number and the Agency has one as well, insert the Jurisdiction's DUNS here. Name of Entity Receiving Award Jurisdiction or Agency Name to which the DUNS number is assigned (Ai 4 I cf a u.,ti ) 11 c Location of Entity Receiving Award Full Street Address of the Recipient Agency 1 I SO 0 S4r.pe4.. '© 60 Sb' e_e4' Cb Primary Location of Performance of the Award Include City, State, Zip Code 12 digits) and Congressional District C-'5ei'a , i.-e € t .Q Co c,G s)-9.5-4 Q,s.k.r; c -f The Information below is required if all the following three conditions are met, otherwise enter "Not. Required" in row 1: 1. In the preceding fiscal year, 80% or more of the entity annual gross revenues are from the Federal government; and 2. Those revenues are greater than $25M annually; and 3. Compensation information is not already available through reporting to the IRS or SEC Names and Total Compensation of the Five (5) most highly compensated officers 1. 2. 3. 4. 5. ; /1 0--e_..... Siiature:• 1��C Date: DEC 1 6 2013 Agency' uthonze epresentative (usually the Grant Administrator or Program Manager or Coordinator) By signing above, I certify that the information contained in this FFATA data report is complete and accurate to the best of my knowledge. _ 2013-3442 Public Assistance FEMA-DR-4145-CO:14-D4145-011 Routing/CMS Number 63343 GRANT AGREEMENT Between the STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT And WELD COUNTY TABLE OF CONTENTS 1. PARTIES 2 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 2 3. RECITALS - 2 4. DEFINITIONS 2 5. TERM and EARLY TERMINATION 4 6. STATEMENT OF WORK 4 7. PAYMENTS TO GRANTEE 4 8. REPORTING - NOTIFICATION 5 9. GRANTEE RECORDS 6 10. CONFIDENTIAL INFORMATION -STATE RECORDS 6 11. CONFLICTS OF INTEREST 7 12. REPRESENTATIONS AND WARRANTIES 7 13. INSURANCE 8 14. BREACH 9 15. REMEDIES 9 16. NOTICES and REPRESENTATIVES 11 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE I I 18. GOVERNMENTAL IMMUNITY 11 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM 12 20. GENERAL PROVISIONS 12 21. COLORADO SPECIAL PROVISIONS 14 SIGNATURE PAGE 17 EXHIBIT A - APPLICABLE FEDERAL LAWS AND STATE GRANT GUIDANCE l EXHIBIT B- STATEMENT OF WORK -REPORTING & ADMINISTRATIVE REQUIREMENTS- BUDGET 1 EXHIBIT C - FFATA PROVISIONS 1 EXHIBIT D - FEMA PROJECT WORKSHEETS 1 FORM 1 — GRANT CHANGE LETTER I Page 1 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 1. PARTIES This Agreement (hereinafter called "Grant") is entered into by and between WELD COUNTY (hereinafter called "Grantee"), and the STATE OF COLORADO acting by and through the Department of Public safety, Division of Homeland Security and Emergency Management (hereinafter called the "State"). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. (Check options below if appropriate): A. ® Provided, however, that authorized Pre -award Costs for emergency protective measures taken specifically to protect lives or mitigate potential flood damage from the forecasted flooding, if approved by FEMA as part of a Project Worksheet (PW) incurred prior to the Effective Date may be submitted for reimbursement as provided in §7(B)(v) below. B. ® Provided, however, that all Project costs specifically authorized in the Presidential Disaster Declaration, FEMA-DR-4145-CO, Public Assistance (PA) Program Project Worksheets (PW) specific to Grantee, and the State of Colorado Executive Orders D-2013-026 and its subsequent amendments that have been incurred on or after September 11, 2013, but prior to the Effective Date may be submitted for reimbursement from Federal and/or State Funds as provided in §7(B)(v) below. C. ® Provided, however, that all or some of the costs or expenses incurred by Grantee on or after September 11, 2013 but prior to the Effective Date that have been or will be paid from non-federal/state funds may be included as the required Grantee matching fund contribution to the project(s) if such costs or expenses are properly documented as eligible expenses for Presidential Disaster Declaration, FEMA- DR-4145-CO, Public Assistance (PA) Program Project Worksheets (PW) specific to Grantee and the State of Colorado Executive Orders D-2013-026 and its subsequent amendments as provided in §7(B)(v) below. 3. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in CRS §24-1-128.6, funds have been budgeted, appropriated and otherwise made available pursuant to said statute and the State of Colorado Executive Orders D-2013-026 and its subsequent amendments; and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121-5206; and a sufficient unencumbered balance remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose Grant funds are hereby made available for the purpose of enhancing Homeland Security and Emergency Management related Prevention, Protection, Mitigation, Response and Recovery capabilities throughout the State, as more specifically described in the Statement of Work, attached as Exhibit B. D. References All references in this Grant 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. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget "Budget" means the budget for the Work described in Exhibit B. Page 2 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 B. Evaluation "Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in §8 and Exhibit B. C. Exhibits and Other Attachments The following are attached hereto and incorporated by reference herein: i. Exhibit A (Applicable Federal Laws). ii. Exhibit B (Statement of Work - Reporting and Administrative Requirements - Budget). iii. Exhibit C (Federal Funding Accountability and Transparency Act of 2006 — FFATA). iv.Exhibit D (FEMA Project Worksheet [PW]). v. Form I (Grant Change Letter). D. Federal Funds "Federal Funds" means the funds provided by FEMA to fund performance of the Work, which may be used to reimburse Pre -award Costs, if authorized in this Grant. E. Goods "Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services that Grantee renders hereunder. F. Grant "Grant" means this agreement, its terms and conditions, attached exhibits, documents incorporated by reference, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. G. Grant Funds "Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant. H. Matching Funds "Matching Funds" means funds provided by the Grantee for performance of the Work, which may be either cash or in -kind funds, as permitted and specified in Exhibit B. Matching Funds cannot include any Federal Funds, unless authorized in federal statute, and State Matching Funds may not be used to reimburse Pre - award Costs, unless authorized in this Grant. I. Party or Parties "Party" means the State or Grantee and "Parties" means both the State and Grantee. J. Pre -award Costs "Pre -award Costs," when applicable, means the costs incurred or performance of Work by Grantee or Subgrantees prior to the Effective Date of this Grant. Such costs shall have been detailed in approved Project Worksheet(s) and specifically authorized by the State and identified in the Statement of Work, attached hereto as Exhibit B. K. Program "Program" means the grant program, as specified on the first page, which provides funding for this Grant. L. Project "Project" means the total project, as specified on the first page, which is the purpose of the Work described in Exhibit B. M. Review "Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6 and Exhibit B. N. Services "Services" means the required services to be performed by Grantee pursuant to this Grant. O. Sub -grantee "Sub -grantee" means third -parties, if any, engaged by Grantee to aid in performance of its obligations. P. Work "Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit B, including the performance of the Services and delivery of the Goods. Page 3 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 Q. Work Product "Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM and EARLY TERMINATION A. Initial Term Unless otherwise permitted in §2 above, the Parties respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on September 10, 2018 unless sooner terminated or further extended as specified elsewhere herein. B. Two Month Extension The State, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement Grant (and not merely seeking a term extension) at or near the end of any initial term or any extension thereof. The provisions of this Grant in effect when such notice is given, including, but not limited to prices, rates, and delivery requirements, shall remain in effect during the two month extension. The two - month extension shall immediately terminate when and if a replacement Grant is approved and signed by the Colorado State Controller. 6. STATEMENT OF WORK A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit B. The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant, except as expressly permitted in this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed by Grantee or Sub -grantees shall be considered Grantee's or Sub -grantees' employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts, using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $1,101,959.82 as determined by the State from available funds. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit B. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Grant or in Exhibit B shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices or reimbursement requests (referred to as "invoices" herein) to the State in the form and manner set forth and approved by the State. If permitted by the federal Program, the State may pay certain eligible, Pre -award Costs incurred within the applicable federal grant period from Federal Funds or Matching Funds. ii. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount represents performance by Grantee previously accepted by the State. The State shall not pay interest on Grantee invoices. Page 4 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 iii. Available Funds -Contingency -Termination The State is prohibited by law from making fiscal commitments beyond the term of the State's current fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If Federal Funds or Matching Funds are used with this Grant in whole or in part, the State's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State, Federal Funds or Matching Funds are not fully appropriated, or otherwise become unavailable for this Grant, the State may terminate this Grant in whole or in part without further liability in accordance with the provisions herein. iv. Erroneous Payments At the State's sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any party other than the State. v. Retroactive Payments The State shall pay Pre -award Costs only if (1) the FEMA Notice of Award allows reimbursement for Pre -award Costs by a Grantee or Subgrantee from Federal Funds or Matching Funds, or (2) the Pre - award Costs have been specifically detailed in Grantee's grant application, authorized by the State and incorporated in the Budget for the Work described in Exhibit B. Any such retroactive payments shall comply with State Fiscal Rules and Grantee and any Subgrantees shall have complied with all federal laws, rules and regulations applicable to the Work before the State shall make such payments. Grantee shall initiate any retroactive payment request by submitting invoices to the State that set out Grantee's compliance with the provisions of this Grant. C. Use of Funds Grant Funds shall be used only for eligible costs so identified in the Budget. Grantee may request budget modifications by submitting a written Grant Change Request to the State. In response to such requests, the State may, in its sole discretion, agree to modify, adjust, and revise the Budget, delivery dates, and the goals and objectives for the Work, and make such other modifications that do not change the total amount of the Budget. D. Matching Funds If applicable, Grantee shall provide Matching Funds as provided in Exhibit B. 8. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. A. Performance, Progress, Personnel, and Funds Grantee shall submit a report to the State upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. Grantee shall comply with all reporting requirements set forth in Exhibit B. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State's principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of the Department of Public Safety. C. Noncompliance Grantee's failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. Page 5 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 D. Subgrants Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record Retention Period) until the last to occur of the following: (i) a period of three years after the date the underlying Grant to the State is completed, terminated or (ii) final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the "Record Retention Period"). B. Inspection Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period as set forth in §9(A), to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re -performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or inequity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on -site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee's performance hereunder. D. Final Audit Report If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 10. CONFIDENTIAL INFORMATION -STATE RECORDS Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records, and information concerning individuals. A. Confidentiality Grantee shall keep all State records and information confidential at all times and comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State's principal representative. B. Notification Grantee shall notify its agent, employees, Sub -grantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, Page 6 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure -Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. Grantee shall, to the extent permitted by law, indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Sub -grantees, or assignees pursuant to this §10. 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. 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 to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority — Grantee and Grantee's Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits, Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non -renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. Page 7 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 13. INSURANCE Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the "GIA"), then 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 GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each grant with sub -grantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Sub - grantee's liabilities under the GIA. ii. Non -Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to sub -grantees that are not "public entities". B. Grantees and Sub -Grantees Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: i. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Grantee and Sub -grantee employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket Grantual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Sub -grantee shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with this provision. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of Grantee and Sub -grantees shall be primary over any insurance or self-insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non -renewal without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in accordance with §16 (Notices and Representatives) within seven days of Grantee's receipt of such notice. vii.Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Sub -grantees as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. Page8 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 C. Certificates Non -Public Entity Grantee and Subgrantees shall provide certificates showing insurance coverage required hereunder to the State or Grantee within seven business days of the Effective Date of this Grant or Subgrant. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Grant or any Subgrant, Grantee and each Subgrantee shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §14(B). The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and sub-grants/contracts with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or sub- grants/contracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State's property. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action Page 9 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, at its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. Page 10 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 iv. Removal Demand removal of any of Grantee's employees, agents, or Sub -grantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest. v. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non -infringing products or modify them so that they become non -infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard -copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: David K. Hard, Director Department of Public Safety, Division of Homeland Security and Emergency Management Office of Emergency Management 9195 E. Mineral Ave., Ste. 200 Centennial, CO 80112 Email: dave.hard(a�state.co.us B. Grantee: Roy Rudisill, Director -OEM Weld County 1150 O Street Greeley, CO 80632 Email: rrudisill@weld.gov.com 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered to the State by Grantee upon request. The State's rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Grantee's obligations hereunder without the prior written consent of the State. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado and the Grantee, their respective departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24-30-1501, et seq., as amended. Page 11 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Contract Management System. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Division of Homeland Security and Emergency Management, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause. 20. GENERAL PROVISIONS A. Assignment and Subgrants Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or sub -grantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B. Binding Effect Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or affect whatsoever, unless embodied herein. Page 12 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 F. Indemnification -General Grantee shall, to the extent permitted by law, indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Sub -grantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. List of Selected Applicable Laws Grantee at all times during the performance of this Grant shall comply with all applicable Federal and State laws and their implementing regulations, currently in existence and as hereafter amended, including without limitation those set forth on Exhibit A, Applicable Laws, attached hereto, which laws and regulations are incorporated herein and made part hereof. Grantee also shall require compliance with such laws and regulations by subgrantees under subgrants permitted by this Grant. I. Modification i. By the Parties Except as specifically provided in this Grant, modifications hereof shall not be effective unless agreed to in writing by the Parties in an amendment hereto, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATION OF CONTRACTS - TOOLS AND FORMS. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. iii. Grant Change Letter The State may increase or decrease Grant Funds available under this Grant using a Grant Change Letter substantially equivalent to attached Form 1. The provisions of the Grant Change Letter shall become part of and be incorporated into this Grant agreement. The Grant Change Letter is not valid until it has been approved by the State Controller or designee. J. Order of Precedence The provisions of this Grant shall govern the relationship of the State and Grantee. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Exhibit C (Federal Funding Accountability and Transparency Act) ii. Colorado Special Provisions iii. The provisions of the main body of this Grant iv. Exhibit A (Applicable Federal Laws) v. Exhibit B (Statement of Work) vi. Exhibit D (FEMA Project Worksheets [PW]) K. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof L. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. Page 13 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 M. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. N. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. 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. O. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. P. CORA Disclosure To the extent not prohibited by federal law, this Grant and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq. 21. COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Grants except where noted in italics. A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq.; or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. D. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any Grant, liability or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. 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. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference Page 14 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental Agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or Grant with an illegal alien who shall perform work under this Grant and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E -Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or Grant with an illegal alien to perform work under this Grant or enter into a Grant with a Sub -grantee that fails to certify to Grantee that the Sub -grantee shall not knowingly employ or Grant with an illegal alien to perform work under this Grant. Grantee (a) shall not use E -Verify Program or State program procedures to undertake pre -employment screening of job applicants while this Grant is being performed, (b) shall notify the Sub -grantee and the Granting State agency within three days if Grantee has actual knowledge that a Sub -grantee is employing or Granting with an illegal alien for work under this Grant, (c) shall terminate the Subgrant if a Sub -grantee does not stop employing or Granting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the Granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the Granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. Page 15 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101. Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this Grant. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 16 of 17 Public Assistance FEMA-DR-4145-CO:14-D4145-011 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE WELD COUNTY By: William F. Garcia STATE OF COLORADO John Hickenlooper, GOVERNOR Department of Public Safety, Division of Homeland Sec and mergency Management Kevin . Klein irector Title: Chair (4fr 6 �� *Signature Date: DEC 1 6 2013 By: Kevin R. Klein, Director Date: /2 /�/',3 2nd Grantee Signature if Needed By: LEGAL REVIEW John W. Suthers, Attorney General By: Nffl Title: Signature — Assistant Attorney General Date: *Signature Date: ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Ro)e4,Jaros, CPQ, May JD By: Colorado Department of PubliVSafety, Maggie Leiman, Contracts Administrator Date: Pagc 17 of 17 ao/3-Syy1 Public Assistance FEMA-DR-4145-CO:14-D4145-011 EXHIBIT A - APPLICABLE FEDERAL LAWS AND STATE GRANT GUIDANCE The following are incorporated into this contract without limitation: 1. Age Discrimination Act of 1975, 42 U.S.C. Sections 6101, et seq. 2. Age Discrimination in Employment Act of 1967, 29 U.S.C. 621-634 3. Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, et seq. 4. Equal Pay Act of 1963, 29 U.S.C. 206(d) 5. Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b 6. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 7. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d 8. Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e 9. Title IX of the Education Amendment of 1972, 20 U.S.C. 1681, et seq. 10. Section 24-34-301, et seq., Colorado Revised Statutes 1997, as amended 11. The applicable of the following: 11.1.Cost Principals for State, Local and Indian Tribal Governments, 2 C.E.R. 225, (OMB Circular A-87); 11.2.Cost Principals for Education Institutions, 2 C.F.R. 220, (OMB Circular A-21); 11.3.Cost Principals for Non -Profit Organizations, 2 C.F.R. 230, (OMB Circular A-122), and 11.4. Audits of States, Local Governments, and Non -Profit Organizations (OMB Circular A-133); and/or the Colorado Local Government Audit Law, 29-1-601, et seq, C.R.S., and State implementing rules and regulations. 11.5.Immigration Status -Cooperation with Federal Officials, CRS 29-29-101, et seq. 11.6.Davis-Bacon Act, 40 U.S.C. SS 276a to 276a-7. 11.7.Copeland Act, 40 U.S.C. S 276c and 18 U.S.C. SS 874. 11.8. Contract Work Hours and Safety Standards Act, 40 U.S.C. SS 327-333, regarding labor standards for federally assisted construction sub -awards. 11.9. Wild and Scenic Rivers Act of 1968, 16 U.S.C. SS 1271 et. seq., related to protecting components or potential components of the national wild and scenic rivers system. 11.10. National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470, Executive Order No. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974, 16 U.S.C. 469a-1 et. seq. 11.11. Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act), 42 U.S.C. 5121 et seq., as amended. 11.12. National Flood Insurance Act of 1968, 42 U.S.C. 4001 et. seq. 11.13. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 104. 11.14. Department of Defense Authorization Act of 1986, Title 14, Part B, Section 1412, Public Law 99-145, 50 U.S.C. 1521. 11.15. USA PATRIOT Act of 2001, (Pub. L. 107-56). 11.16. Digital Television Transition and Public Safety Act of 2005, (Pub L. 109-171) 12. Federal Emergency Management Agency, Department of Homeland Security Regulations: All Applicable Portions of 44 CFR Chapter 1, with the following Parts specially noted and applicable to all grants of FEMA/DHS funds: 12.1 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, 44 C.F.R. 13. 12.2 Govemmentwide Debarment and Suspension (Nonprocurement) and Requirements for Drug -Free Workplace, 44 C.F.R. 17. 12.3 New Restrictions on Lobbying, 44 C.F.R. 18. 13. Privacy Act of 1974, 5 U.S.C. S 5529 and Regulations adopted thereunder (44 C.F.R. 6). 14. Prohibition against use of Federal Funds for Lobbying, 31 U.S.C. 1352 15. None of the funds made available through this agreement shall be used in contravention of the Federal buildings performance and reporting requirements of Executive Order No. 13123, part 3 of title V of the National Energy Conservation Policy Act, 42 U.S.C. 8251 et. Seq., or subtitle A of title I of the Energy Policy Act of 2005 (including the amendments made thereby). 16. None of the funds made available shall be used in contravention of section 303 of the Energy Policy Act of 1992, 42 U.S.C. 13212. 17. Buy American Act, 41 U.S.C. 10a et seq. 18. Relevant Federal and State Grant Program Guidance Page 1 of 1 - Exhibit A Public Assistance FEMA-DR-4145-CO:14-D4145-011 EXHIBIT B- STATEMENT OF WORK -REPORTING & ADMINISTRATIVE REQUIREMENTS - BUDGET 1. GENERAL DESCRIPTION OF THE PROJECT(S). 1.1. Project Description. As detailed in the attached FEMA Project Worksheet(s), Exhibit D, for Presidential Disaster Declaration FEMA-DR-4145-CO (Colorado Flooding, Severe Storms and Landslides) this grant reimburses the Grantee for the 75% federal and 12.5% state shares of the eligible FEMA Public Assistance Program expenditures incurred in response to and recovery from the disaster. 1.1.1. Alternative Procedures — Debris Removal. If the alternative procedures option is selected for Debris Removal (Category A) projects, the federal share and state share, if any, for those projects are adjusted in the project budget table according to the completion schedule, both of which are in §7 of this Exhibit B. 1.1.2. Alternative Procedures — Large Projects. If the alternative procedures option is selected for any Large Projects (>$67,500), the original approved PW estimate for the project(s) for which the option was selected will be the final amount approved for the project(s), and no reconciling PW will be written at project closeout. Any remaining federal and state funds may be used for other projects pending approval of their use by the State and FEMA. Any cost over -runs for any alternate procedure large projects will be the responsibility of the Grantee. 1.2. Project Expenses. All eligible project expenses are summarized in the project budget table in §7 of this Exhibit B, and detailed in the PWs, Exhibit D. Additionally, the State has opted to provide a portion of the Management funds that the State receives to manage and administer the program to the Grantee for the same purposes. Up to 1.34% of the federal share of the projects is available with this Grant, and included in the total award amount. Management expenses must be documented and submitted, to receive reimbursement for the costs. Management funds are 100% federal funds and do not require any non- federal match contribution. 1.3. Non -Federal Match: This Grant requires non-federal matching funds of 25% of the total budget for all projects. Documentation of expenditures for the non-federal match contribution is required with each drawdown request. As further delineated in the payment schedule, §5.2 of this Exhibit B, the State contribution to the project, if any, may be the first non-federal matching funds applied if Grantee desires. The match may include in -kind (donated resources) match for Categories A+B (emergency work) projects only. 1.4. State Contribution. 1.4.1. If Grantee is a Local Government, the State is providing 12.5% of the total project budget, or one-half of the required 25% non-federal matching funds as authorized in Executive Order D- 2013-026 and its subsequent amendments. The state funds are provided as damage awards to assist Grantee with the extraordinary costs of response to and recovery from the disaster. NOTE: The state funds are provided from state General Funds. Grantee is advised to seek counsel on the receipt and expenditure of these state funds under TABOR, and appropriating the funds in Grantee's current budget as necessary. 1.4.2. If Grantee is a Private Nonprofit entity, the State is not participating in the required non- federal match; Grantee is responsible for the 25% non-federal match requirement. 1.5. Additional Projects. PWs and any adjusting or reconciling PWs written and approved after the issuance of this original Grant will be added to this grant by the execution of Form 1 — Grant Change Letter(s) which will become part of this Grant and will be subject to all of the terms and conditions herein. 1.6. Time Frame for Completing Eligible Work. hi accordance with 44 CFR 206 and FEMA Public Assistance policies and guidance, the following project completion deadlines apply to all projects included in Exhibit D. Page 1 of 5 - Exhibit 6 Public Assistance FEMA-DR-4145-CO:14-D4145-01 I Project Completion Deadlines: Debris Removal (Category A) 6 months after Date of Declaration March 14, 2014 Emergency Protective Measures (Category B) 6 months after Date of Declaration March 14, 2014 Permanent Work (Categories C G) 18 months after Date of Declaration March 14, 2015 For debris removal (unless the alternative procedure selection has been made, in which case FEMA must approve all extensions as outlined below) and emergency protective measures, the State has the authority to grant up to an additional six months for the completion of the approved scope of work. For permanent restoration work (on a project by project basis), the State may grant up to an additional 30 months. The grantee shall submit a written request for time extension no less than 30 days before the approved completion deadline. Requests for time extensions should include identification of the project by PW number, the dates and provisions of any previous extensions granted for the particular project, a detailed justification of the need for the extension, and a projected completion date. The justification should be based on extenuating circumstances or unusual project requirements beyond the control of the grantee. The state will approve project extensions by letter. The approval letter must be maintained in the grant file. For extensions beyond the authority of the State, including any alternate procedure debris removal projects, the request is submitted to the FEMA Regional Administrator through the State and shall be submitted at least 90 days in advance of the currently approved completion date. The information to be contained in the request is the same as in a request submitted for State approval. The State shall be notified of the Regional Administrator's determination in writing which will be forwarded to the Grantee. If the Regional Administrator approves the request, the letter shall reflect the approved completion date and any other requirements the Regional Administrator may determine necessary to ensure that the new completion date is met. If the Regional Administrator denies the time extension request, the grantee may, upon completion of the project, be reimbursed for eligible project costs incurred only up to the latest approved completion date. If the project is not completed, no Federal funding will be provided for that project. 2. DELIVERABLES: 2.1 Grantee shall submit narrative and financial reports describing project progress and accomplishments, any delays in meeting the objectives and expenditures to date as described in §3 of this Exhibit B. 2.2 A Certification of Completion for each PW must be completed, certified, and submitted (electronic signatures and submission are accepted and encouraged) to the State no later than 45 days after the project completion datelines specified in §1.6 of this exhibit B. 3. REPORTING REQUIREMENTS: 3.1 Quarterly Financial Status and Progress Reports. The project(s) approved in this Grant are to be completed on or before the end of the Time Frame for completing eligible work for each category as stated in §1.6 of this Exhibit B. Grantee shall submit quarterly financial status and programmatic progress reports for each project identified in this agreement using the forms provided by the Division of Homeland Security and Emergency Management throughout the life of the grant. One copy of each required report with original or electronic signatures shall be submitted in accordance with the schedule below: (The order of the reporting period quarters below are irrelevant to the grant. If the grant/project is open during the "report period" reports for that period are due on the dates listed. If the grant/project is for more than one year, reports are due for every quarter that the grant/project remains open.) Page 2 of 5 - Exhibit B Public Assistance FEMA-DR-4145-CO:14-D4145-011 Report Period Due Date October — December January 15 January —March April 15 April — June July 15 July — September October 15 3.2 Final Reports: Grantee shall submit a final financial status and progress report for each project that provides final financial reconciliation and final cumulative grant/project accomplishments within 45 days of the end of the Time Frame for completing eligible work for each category as stated in §1.6 of this Exhibit B. The final report may not include unliquidated obligations and must indicate the exact balance of unobligated funds. 4. TESTING AND ACCEPTANCE CRITERIA: The Division of Homeland Security and Emergency Management shall evaluate the Project(s) through the review of Grantee submitted financial and progress reports. The Division of Homeland Security and Emergency Management may also conduct on -site monitoring to determine whether the Grantee is meeting/has met the performance goals, administrative standards, financial management and other requirements of this grant. The Division of Homeland Security and Emergency Management will notify Grantee in advance of such on -site monitoring. 5. PAYMENT: 5.1 Payment Schedule: Payments for Large projects are made on a reimbursement of actual cost basis, or on an immediate cash need basis with the immediate cash needs documented by submission of unpaid vendor invoice(s), a schedule of payments due portion of a contract, or other evidence of the immediate cash need. Grantees are required to submit proof of payment to the state as soon as possible, proof of payment may be a copy of a check to the vendor, a copy of a ledger transaction, or a proof of payment from the vendor. Payments will be made as often as necessary to meet the Grantee's cash flow needs. At minimum, Grantee must submit requests for reimbursement or advance to provide funds for immediate cash needs using the Division of Homeland Security and Emergency Management's provided form, and including all documentation of actual costs at least quarterly. One original or electronically signed/submitted copy of the reimbursement/immediate cash needs request is due on the same dates as the required financial reports. All requests shall be for eligible actual expenses incurred, or to be immediately incurred by Grantee, as described in detail in the FEMA PW(s) in Exhibit D. Requests for payment shall be accompanied by supporting documentation totaling at least the amount requested for reimbursement. If any financial or progress reports are delinquent at the time of a payment request, the Division of Homeland Security and Emergency Management may withhold such reimbursement until the required reports have been submitted. 5.2 Payment Amount: The state will pay up to 90% of the federal and state portions of a project, prior to project completion and FEMA reconciliation/closeout of the project. The 90% of the federal and state shares may be the first funds applied to the project should the project require more than a single reimbursement, while the Grantee required portion may be applied at the end of the project. If Grantee desires to have the state apply the matching funds to an earlier reimbursement, Grantee should indicate that desire on the reimbursement form. The final 10% of each Large Project will be retained pending FEMA review/approval of the documentation package for each project (FEMA project closeout). Unless the Alternate Procedures for Large Projects Option was selected, FEMA will issue a reconciling PW if necessary for each Large Project closeout. The State will increase or decrease the award amount for the project as necessary by executing a unilateral Form 1 Grant Change Letter. If the Alternative Procedures for Large Projects was selected for a specific project, see §1.1.2 of this Exhibit B for final cost information. In -kind PWs: Should there be an in -kind (donated resources) PW included, the documentation for that PW will count as a portion of the match requirement for the associated emergency work PW(s). If there is excess Grantee provided match documented and submitted with one reimbursement request, the excess shall be applied to subsequent requests as necessary to maximize the allowable reimbursement. No cash reimbursement can be made for in-kind/non-cash or donated resource contributions. Page 3 of 5 - Exhibit B Public Assistance FEMA-DR-4145-CO:14-D4145-011 5.3 Remittance Address. If mailed, payments shall be sent to the representative identified in §16 of the Grant: WELD COUNTY 1150 O Street Greeley, CO 80632 6. ADMINISTRATIVE REQUIREMENTS: 6.1. PW Identification. Each PW is a separate project and must be tracked and documented separately as numbered in §7 of this Exhibit B, and Exhibit D. Each reimbursement/immediate cash needs request must include identification of the PW(s) for which payment is requested. 6.2. Required Documentation. Sufficient detail shall be provided with reimbursement/immediate cash needs advance requests to demonstrate that the expenses are allowable and appropriate for each project. The required documentation includes as applicable, but is not be limited to, purchase orders, receiving documents, invoices, vouchers, equipment/services identification, and time and effort reports. If any funds are advanced for immediate cash needs, proof of payment must be provided to the State within 30 days of receipt of the funds, and prior to any further advances on a project. Proof of payment may be made by provision of a copy of a General Ledger report including the expenditure(s) of the advanced funds, or by other means that verify that the advanced funds have been expended. 6.3. Procurement: 6.3.1. Grantee shall ensure its procurement policies meet or exceed local, state, and federal requirements. Grantee should refer to local, state, and federal guidance, including 44 CFR 13.36, prior to making decisions regarding competitive bids, sole source or other procurement issues. Grantee shall retain all procurement history documentation on site for inspection, or submit to the State if additional detail is required to ensure procedures complied with all requirements. In addition, Sole source transaction(s) in excess of $100,000 shall be approved in advance by the Division of Homeland Security and Emergency Management. 6.3.2. Grantees shall ensure that: (a) All procurement transactions, whether negotiated or competitively bid, and without regard to dollar value, are conducted in a manner that provides maximum open and free competition; (b) Grantee shall be alert to organizational conflicts of interest and/or non-competitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade; (c) Contractors who develop or draft specifications, requirements, statements of work, and/or Requests for Proposals (RFPs) for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement; (d) Any request for exemption of item a -c within this subsection shall be submitted in writing to, and be approved by the authorized Grantee official; and (e) Grantee shall verify that the Contractor is not debarred from participation in state and federal programs. Grantees should review contractor debarment information on http://www.sam.gov. 6.4. Additional Administrative Requirements: 6.4.1. Grantee must request approval in advance for any change to this Grant Agreement or any PW. Any change in a PW scope of work will require FEMA review/approval and issuance of a revised PW. Grantee must not perform any work outside of the approved scope prior to receipt of the revised PW and execution of the Form 1 - Grant Change Letter, or amendment to the Grant. 6.4.2. Insurance. If any of the damage awarded to be repaired under this Grant is insurable property such as, buildings, contents of buildings, equipment, vehicles, etc., and the damage was in excess of $5,000, a condition of the Public Assistance Grant is to obtain and maintain insurance for the type of hazard that caused the damage, and in the minimum amount of the damage repair costs. The insurance coverage must be maintained for the useful life of the repairs. The required insurance coverage must be obtained, or letter of commitment accepted by the State, prior to the release of any Federal funds. Grantee is responsible for obtaining the insurance coverage that best meets your needs. It is recommended you begin shopping for insurance Page 4 of 5 - Exhibit B Public Assistance FEMA-DR-4145-CO:14-D4145-011 coverage as soon as possible and have the required insurance coverage in place quickly after project approval. 6.4.3. Environmental and Historic Preservation Requirements. (a) Grantee shall comply with all applicable Federal, State and local Environmental and Historic Preservation (EHP) requirements. The grantee shall provide any information requested by FEMA or the State to ensure compliance with the applicable laws. The following are the principal federal laws and executive orders that apply to FEMA EHP: National Environmental Policy Act, National Historic Preservation Act, Executive Order 11988 Floodplain Management, Endangered Species Act, and Executive Order 12898 Environmental Justice. (b) Grantee shall comply with all EHP conditions listed in the PW(s), Exhibit D. Grantee shall report progress on EHP conditions in quarterly progress reports including submitting all required and obtained permits. Prior to project closeout, Grantee shall submit a final report including documentation of how all EHP conditions were met including submittal of all obtained permits. (c) Any change to the approved scope of work will require re-evaluation by FEMA for compliance with NEPA and other laws and Executive Orders. Acceptance of federal funding requires grantee to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize project funding. 7. BUDGET: Projects: Project Worksheet (PW#). Category Federal Share State Cost- Share if applicable Grantee Match Requirement Total Project 00112(0) C $933,811.50 $155,635.25 $155,635.25 $1,245,082.00 Total $933,811.50 $155,635.25 $155,635.25 $1,245,082.00 Management Costs: Federal Share from Project Table Available for Management Costs (1.34% of the Federal Total) $933,811.50 $12,513.07 Alternative Procedures Debris Removal Schedule: If the alternative procedures option was selected for Debris Removal (Category A) Projects the reimbursement rate schedule below will be used. Completion Time Frame Federal Share State Share Grantee Share Completed Within 30 Days of Incident Start Date 85% 7.5 /0 07.5% Completed 31 to 90 Days After Incident Start Date 80% 10% 10% Completed 91 to 180 Days After Incident Start Date 75% 12.5% 12.5% Completed More Than 180 Days After Incident Start Date (Unless FEMA authorizes an Extension as described in Exhibit B §1.6) 0% 0% 100% Page 5 of 5 - Exhibit B Public Assistance FEMA-DR-4M5-CO:14-D4145-011 EXHIBIT C - FFATA PROVISIONS State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended Revised as of 3-20-13 The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. "Award" means an award of Federal financial assistance that a non -Federal Entity receives or administers in the form of: 1.1.1. Grants; 1.1.2. Contracts; 1.1.3. Cooperative agreements, which do not include cooperative research and development agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 1.1.4. Loans; 1.1.5. Loan Guarantees; 1.1.6. Subsidies; 1.1.7. Insurance; 1.1.8. Food commodities; 1.1.9. Direct appropriations; 1.1.10. Assessed and voluntary contributions; and 1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non - Federal Entities. Award does not include: 1.1.12. Technical assistance, which provides services in lieu of money; 1.1.13. A transfer of title to Federally -owned property provided in lieu of money; even if the award is called a grant; 1.1.14. Any award classified for security purposes; or 1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5). 1.2. "Contract" means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above. 1.3. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.4. "Data Universal Numbering System (DUNS) Number" means the nine -digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website may be found at: http://fedgov.dnb.com/webform. Page 1 of 4 - Exhibit C Public Assistance FEMA-DR-4145-CO:14-D4145-011 1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart C; 1.5.1. A governmental organization, which is a State, local government, or Indian Tribe; 1.5.2. A foreign public entity; 1.5.3. A domestic or foreign non-profit organization; 1.5.4. A domestic or foreign for-profit organization; and 1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non -Federal entity. 1.6. "Executive" means an officer, managing partner or any other employee in a management position. 1.7. "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the "Transparency Act." 1.9. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award. 1.10. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's support in the performance of all or any portion of the substantive project or program for which the Award was granted. 1.11. "Subrecipient" means a non -Federal Entity (or a Federal agency under an Award or Subaward to a non -Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term "Subrecipient" includes and may be referred to as Subgrantee. 1.12. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9 -digit Data Universal Numbering System (DUNS) number that appears in the subrecipient's System for Award Management (SAM) profile, if applicable. 1.13. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.14. "System for Award Management (SAM)" means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. 1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following: 1.15.1. Salary and bonus; 1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.15.3. Earnings for services under non -equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4. Change in present value of defined benefit and actuarial pension plans; 1.15.5. Above -market earnings on deferred compensation which is not tax -qualified; 1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. Page 2 of 4 - Exhibit C Public Assistance FEMA-DR-4145-CO:14-D4145-011 1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA. 1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements. 3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor's information. 4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and 4.2. In the preceding fiscal year, Contractor received: 4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at http://www.colorado.gov/dpa/dfb/sco/FFATA.htm. 6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but Page 3 of 4 - Exhibit C Public Assistance FEMA-DR-4145-CO:14-D4145-011 subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de -obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below. 7.1 To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number; 7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account; 7.1.3 Subrecipient Parent DUNS Number; 7.1.4 Subrecipient's address, including: Street Address, City, State, Country, Zip + 4, and Congressional District; 7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and 7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract, the following data elements: 7.2.1 Subrecipient's DUNS Number as registered in SAM. 7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 8. Exemptions. 8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 8.3 Effective October 1, 2010, "Award" currently means a grant, cooperative agreement, or other arrangement as defined in Section 1.1 of these Special Provisions. On future dates "Award" may include other items to be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other types of Awards subject to the Transparency Act. 8.4 There are no Transparency Act reporting requirements for Vendors. 9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law or in equity. Page 4 of 4 - Exhibit C Public Assistance FEMA-DR-4145-CO:14-D4145-011 FORM 1- GRANT CHANGE LETTER GRANT CHANGE LETTER NUMBER "SAMPLE ONLY" To The AGREEMENT # Between the STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT And INSERT GRANTEE'S FULL LEGAL NAME (CAPITALIZED) Date: Original Contract #: Original Contract CMS # CMS Routing # In accordance with Section of the Original Grant Agreement between the State of Colorado, acting by and through the Depatttnent of Public Safety, Division of Homeland security and Emergency Management, and Grantee's Name beginning Insert start date and ending on Insert ending date, the provisions of the Grant and any amendments thereto affected by this Grant Change Letter are modified as follows: I) Project Description. Grantee shall perform the activities listed in the Project Worksheet(s) (PW), which is/are incorporated into the original Grant by reference herein in accordance with the provisions of the Original Grant. Additional PW(s) Budget: Project(s) Project Worksheet (PW#) Federal Share State Cost -Share Grantee Match Requirement Total Project Total Page 1 of 2 — Forml Public Assistance FEMA-DR-4145-CO:14-D4145-011 Management Costs: Federal Share from Project Table Available for Management Costs (1.34%) 2) Price/Cost. The revised maximum amount payable by the State for performance of this Grant is $ and the required amount of non-federal/state matching funds, if applicable, is $ . The total amount of Homeland Security and Emergency Management activities is $ 3) Performance Period. Project Completion Deadlines: Debris Removal (Category A) 6 months after Date of Declaration March 14, 2014 Emergency Protective Measures (Category B) 6 months after Date of Declaration March 14, 2014 Permanent Work (Categories C — G) 18 months after Date of Declaration March 14, 2015 4) Effective Date. The effective date hereof is upon approval of the State Controller or his delegate. However, see the Original Grant for any costs allowable prior to the effective date. 5) Additional Requirements. None STATE OF COLORADO John W. Hickenlooper, GOVERNOR DEPARTMENT OF PUBLIC SAFETY Division of Homeland Security and Emergency Management By: Kevin Klein, Director Date: ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: "SAMPLE ONLY" Department of Public Safety Date: Page 2 of 2 — Forml Public Assistance FEMA-DR-4145-CO: 14-D4145-011 EXHIBIT ID - FEMA PROJECT WORKSHEETS Federal Emergency Management Agency E -Grants Page 1 of 13 F.-I-JC.±O-4145-PW-00112(0) p Applicant Name: Application Title: WELD (COUNTY) WELD COUNTY CR 61 Period of Performance Start: Period of Performance End: 09-14-2013 03-14-2015 Subgrant Application - Entire Application Application Title: WELD COUNTY CR 61 Application Number: PA-08-Co-4145-Pw-00112(0) Application Type: Subgrant Application (PW) Prefix First Name Middle Initial Last Name Title Agency/Organization Name Address 1 Address 2 City State Zip Email Preparer Information EUGENE MAY PACL FEMA - DHS 9200 E. MINERAL AVE. CENTENNIAL CO 80112 deanna.butterbaugh@state.co.us Is the application preparer the Point of Contact? No Prefix First Name Middle Initial Last Name Title Agency/Organization Address 1 Address 2 City State ZIP Point of Contact Information Roy Rudisill Director - OEM Weld County 1150 O Street rrudisill@weldgov.com Greeley CO 80632 https://connect1.dhs.gov/emmie/,DanaInfo=isource. fema.net, SSL+dispatchDestination.do... 11/25/2013 Federal Emergency Management Agency E -Grants Page 2 of 13 Phone Fax Email Prefix First Name Middle Initial Last Name Title Agency/Organization Address 1 Address 2 City State ZIP Phone Fax Email Disaster Number: Pre -Application Number: Applicant ID: Applicant Name: Subdivision: Project Number: Standard Project Number/Title: Please Indicate the Project Type: Application Title: Category: Percentage Work Completed? As of Date: 970-304-6540 rrudisill@weld.gov.com Alternate Point of Contact Information Project Description 4145 PA-08-CO-4145-RPA-0088 123-99123-00 WELD (COUNTY) WELCOI I 399 - Road System Damage Neither Alternate nor Improved WELD COUNTY CR 61 C.ROADS & BRIDGES 90.0 % 11-09-2013 Comments As described in 44 CFR Section 13.42, applicant must maintain all work -related records for a period of three (3) years from applicant closure (final payment). All records relative to this project worksheet are subject to examination and audit by the State, FEMA, and the Comptroller General of the United States and must reflect work related to disaster specific costs. Attachments Facility Number Facility Name Damage Facilities (Part 1 of 2) Address Site County City State ZIP Previously Action Damaged? https://connectl .dhs.gov/emmie/,Danalnfo=isource.fema.net,S SL+dispatchDestination.do... 11/25/2013 Federal Emergency Management Agency E -Grants Page 3 of 13 1 WELD COUNTY CR 61 AT north of intersection of Weld WELD CO SOUTH PLATTE RIVER CR 380/ CR61 No Comments Attachments User Date Document Type Description Hard Copy File Reference File Name Action SHIRLEY SANDERS BROWN 11-09- 2013 Map MAP 1 - CO WELD COUNTY CR 61 FLOOD 4145 CO WELD COUNTY CR 61 FLOOD.pdf(2.71 Mb) View SHIRLEY SANDERS BROWN 11-09- Map 4145 CO WELD COUNTY CR 61 2O13 OVER PLATTE composite 4145 CO WELD COUNTY CR 61 OVER PLATTE composite .pdf(2.47 Mb) View SHIRLEY SANDERS BROWN 11-09- Map 4145 CO WELD COUNTY CR 61 2O13 AERIAL FLOOD PHOTO 4145 CO WELD COUNTY CR 61 AERIAL FLOOD PHOTO.pdf(4.47 Mb) View SHIRLEY SANDERS BROWN 11-09- 2013 Map 4145 CO WELD COUNTY CR 61 FHWA Roads 4145 CO WELD COUNTY CR 61 FHWA Roads.pdf (1.86 Mb) View Facility Name: WELD COUNTY CR 61 AT SOUTH PLATTE RIVER Address 1: north of intersection of CR 380/ CR61 Address 2: County: Weld City: WELD State: CO ZIP: Was this site previously damaged? No Percentage Work Completed? % Location: PA -08-C O-4145- P W-00112 (0): north of intersection of CR 380/ CR61 (40.37623, -104.48865) northward to south of intersection CR388/CR61 (40.30023, -104.48889) PA -08-C O -4145-P W-00112 (0): DAMAGE DESCRIPTION AND DIMENSIONS In DR 4145 Colorado experienced Severe Storms, Flooding, Landslides, and mudslides during the incident period from September 11 through September 30, 2013. The roads of Weld County, which is crossed by the South Platte River, were impacted by floodwaters throughout the county, including loss of pavement, shoulders, culverts, and guard rails. https ://connectl .dhs.gov/emmie/,DanaInfo=isource.fema.net,SSL+dispatchDestination.do... 11/25/2013 Federal Emergency Management Agency E -Grants Page 4 of 13 Weld County Road 61, an asphalt road with gravel shoulders, was flooded over from a location north of intersection of CR 380/ CR61 (40.37623, - 104.48865) northward to south of intersection CR388/CR61 (40.30023, - 104.48889), see map attached: The flood affected area covered approximately 22LF wide asphalt road over approximately 5,100LF, plus 6LF gravel shoulders each side, to an average depth of 5.5LF, or (34LF x 5,100LF x 5.5LF) /27 CY/CF, or approximately 35,300 CY of total road volume. A site inspection was performed on 11/1/2013, by FEMA Public Assistance Coordinator Eugene May, and Weld County Chief Engineer David Bauer. Damage Description and Dimensions: Floodwaters overtopped the following sections, causing the complete loss of roadway (see map): Location 1, approx 525LF (START 40.38753, -104.48887; END 40.38588, - 104.48887) Location 2, approx 150LF (START 40.38420, -104.48885; END 40.38381, - 104.48883) Location 3, approx 620LF (START 40.38321, -104.48882; END 40.38151, - 104.48877) PA -08 -CO -4145-P W-00112(0): SCOPE OF WORK TEMPORARY: The Applicant used contract services in a publicly bid contract (notice of competitive bids and award attached) to restore the flood impacted road and shoulders in an expedited construction operation designed to address standing floodwaters at overtopped sections and lost pavement (Location 1, 2, 3), and the loss of gravel shoulders throughout the contract area to allow vehicular traffic before and during the winter season. The applicant anticipates that these conditions will likely lead to short term wear characteristics of the road structure, which will be revisited by the applicant after the winter season 2013/2014. This sub -grant is written for the temporary road recovery operations as indicated in the attached contract. The approximate measurements in the DAMAGE DESCRIPTION, 35,300CY, result in an average in place cost of accelerated operations at approximately $35CY, or a cost in an order of magnitude scale with temporary emergency road work in flood conditions. The contract, for $1,249,082 was awarded to the ROCHE CONSTRUCTORS INC of 361 71ST Avenue, Greeley, CO 80634, phone 970-356-3611. The contract has accelerated performance specifications that require the opening of the road to vehicular traffic without standard dry road base conditions or compaction, due to the standing flood waters. For these specifications see CHANGE ORDER No1 regarding accelerated schedule in the attached contract, from 40 days to completion to 22 days https://connectl.dhs.gov/emmie/,DanaInfo=isource.fema.net,S SL+dispatchDestination. do... 11/25/2013 Federal Emergency Management Agency E -Grants Page 5 of 13 to completion. All contract sections that refer to Federal Aid Road projects are used for procedures only. The Applicant has provided the Weld County map showing FHWA funded County Roads for 2013 showing the site of the work as being the responsibility and complete funding of Weld County (attached). Future attachments as indicated below in are in the Weld County Department of Public Works: 1. Signed Base Contract, Oct 2, 2013, and Change Order No.1, Accelerated Schedule, dated Oct 7, 2013. Scope of Work: 2. Weld Co Commissioners Memo regarding public bids received, Oct 1, 2013 3. Contract Award Letter Oct 2, 2013, Notice to Proceed, Oct 3, 2013 4. Weld County Map FHWA funded County Roads. Notify Grantee (CO-OEM)for repairs/ re -work in spring of 2014, to meet current needs and or requirements; 1. A sub -grant Version (or Amendment) will be written to describe the damage related to permanent road work indicated in this sub -grant for temporary road work, if it is needed by the Applicant. 2. All work to be considered on this site for a FEMA sub -grant for permanent work will be preceded by the necessary FEMA re -inspection of the site and the definition of the damage description for the permanent work. 3. The Applicant will notify FEMA and the State of their intent to perform permanent work related to this site before any work commences in the field. Failure to do so may jeopardize the sub -grant for permanent work related to the temporary work in this sub -grant. Hazard Mitigation Proposal * Is effective mitigation feasible on this site? If you answered Yes to the above question, the next question is required Will mitigation be performed on this site? If you answered Yes to the above question, the next question is required Do you wish to attach a Hazard Mitigation Proposal? If you answered Yes to the above question, the next two questions are required Please provide the Scope of Work for the estimate: (maximum 4000 characters) Would you like to add the Hazard Mitigation Proposal as a cost line item to the project cost? GIS Coordinates Project Location Latitude Longitude Location 1 40.38588 40.38753 -104.48887 -104.48887 https://connectl .dhs.gov/emmie/,Danalnfo=isource. fema.net, S SL+dispatchDestination.do... 11/25/2013 Federal Emergency Management Agency E -Grants Page 6 of 13 Location 2 40.3842 -104.48885 40.38381 -104.48883 Location 3 40.38321 -104.48882 40.38151 -104.48877 Special Considerations 1. Does the damaged facility or item of work have insurance coverage and/or is it an insurable No risk (e.g., buildings, equipment, vehicles, etc)? 2. Is the damaged facility located within a floodplain or coastal high hazard area and/or does it have an impact on a floodplain or wetland? No 3. Is the damaged facility or item of work located within or adjacent to a Coastal Barrier No Resource System Unit or an Otherwise Protected Area? 4. Will the proposed facility repairs/reconstruction change the pre -disaster conditions (e.g., No footprint, material, location, capacity, use of function)? 5. Does the applicant have a hazard mitigation proposal or would the applicant like technical No assistance for a hazard mitigation proposal? 6. Is the damaged facility on the National Register of Historic Places or the state historic listing? No Is it older than 50 years? Are there more, similar buildings near the site? 7. Are there any pristine or undisturbed areas on, or near, the project site? Are there large tracts No of forestland? 8. Are there any hazardous materials at or adjacent to the damaged facility and/or item of work? No 9. Are there any other environmental or controversial issues associated with the damaged facility Yes and/or item of work? If you would like to make any comments, please enter them below. (maximum 4000 characters) Per Regional Guidance, EHP Review is required. Attachments For Category C, D, E, F, and G Projects only Is effective mitigation feasible on this project? Yes If you answered Yes to the above question, the next question is required Will mitigation be performed on any sites in this No project? If you answered Yes to the above question, the next question is required Do you wish to attach a Hazard Mitigation No Proposal? If you answered Yes to the above question, the next two questions are required Please provide the Scope of Work for the estimate: Would you like to add the Hazard Mitigation No Proposal as a cost line item to the project cost? Comments The Scope of Work is Temporary Work. Attachments Cost Estimate https://connectl .dhs.gov/emmie/,Danalnfo=isource.fema.net,SSL+dispatchDestination.do... 11/25/2013 Federal Emergency Management Agency E -Grants Page 7 of 13 Is this Project Worksheet for (Preferred) Repair Sequence Code Material and/or Description Unit Quantity Unit of Measure Unit Price Subgrant Budget Class Type Cost Estimate Action 1 9999 ESTIMATE TEOMRPORARY REPAIRS 1 LS 1,245,082.00 $ CONTRACTUAL $ 1,245,082.00 Total Cost : $ 1,245,082.00 Insurance Adjustments (Deductibles, Proceeds and Settlements) - 5900/5901 Sequence Code Material and/or Description p Unit Quantity Unit of Measure Unit Price Subgrant Bud et Class Type Cost Estimate Action Total Cost : $ 0.00 Total Cost Estimate: (Preferred Estimate Type + Insurance Adjustments) $ 1,245,082.00 Comments Attachments User Date Document Type Description Hard Copy File Reference . File Name Action SHIRLEY SANDERS BROWN 11-09 2013 Contract Document Signed Base Contract 11-02-2013 & Change Order 1 4145 CO WELD COUNTY CR 61 CONTRACT.pdf (4.79 Mb) View Insurance Type Policy No. Existing Insurance Information Bldg/Property Amount Content Insurance Amount Amount Deductible Years Amount Required Comments Attachments Name of Section Project Description Comments and Attachments Comment As described in 44 CFR Section 13.42, applicant must maintain all work -related records for a period of three (3) years from applicant closure (final payment). All records relative to this project worksheet are subject to examination and audit by the State, FEMA, and the Comptroller General of the United States and must reflect work related to disaster specific costs. Attachment 4145 CO WELD COUNTY CR 61 https://connect l . dh s. gov/emmie/,DanaInfo=isource. fema.net, S SL+dispatchD estination. do ... 11/25/2013 Federal Emergency Management Agency E -Grants Page 8 of 13 Damage Facilities Mitigation The Scope of Work is Temporary Work. Cost Estimate Form 90-91 FLOOD.pdf 4145 CO WELD COUNTY CR 61 OVER PLATTE composite .pdf 4145 CO WELD COUNTY CR 61 AERIAL FLOOD PHOTO.pdf 4145 CO WELD COUNTY CR 61 FHWA Roads.pkIf 4145 CO WELD COUNTY CR 61 CONTRACT.pdf 4145 CO WELD COUNTY CR 61 OVER PLATTE DDD SOW draft.doc PA-08-CO-4145-PW- 00112(0) CR 61 Signature Sheet.Wdf Bundle Reference # (Amendment #) PA -08 -CO -4145 -State -0009(8) Date Awarded 11-19-2013 Subgrant Application - FEMA Form 90-91 Note: The Effective Cost Share for this application is 75% FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT WORKSHEET DISASTER PROJECT NO. PA ID NO. DATE CATEGORY WELCO11 123-99123- 00 11-08-2013 C FEMA 14145 - DR -CO APPLICANT: WELD (COUNTY) WORK COMPLETE AS OF: 11-09-2013 : 90 % Site 1 of 1 DAMAGED FACILITY: COUNTY: Weld WELD COUNTY CR 61 AT SOUTH PLATTE RIVER LOCATION: LATITUDE: LONGITUDE: 40.38381 -104.48883 40.3842 -104.48885 40.38588 -104.48887 PA-08-CO-4145-PW-00112(0): 40.38753 -104.48887 40.38151 -104.48877 north of intersection of CR 380/ CR61 (40.37623, -104.48865) northward to south of intersection 40.38321 -104.48882 CR388/CR61 (40.30023, -104.48889) DAMAGE DESCRIPTION AND DIMENSIONS: PA-08-CO-4145-PW-00112(0): DAMAGE DESCRIPTION AND DIMENSIONS In DR 4145 Colorado experienced Severe Storms, Flooding, Landslides, and mudslides during the incident period from September 11 through https://connect l .dhs.gov/emmie/,Danalnfo=isource.fema.net,SSL+dispatchDestination.do... 11/25/2013 Federal Emergency Management Agency E -Grants Page 9 of 13 September 30, 2013. The roads of Weld County, which is crossed by the South Platte River, were impacted by floodwaters throughout the county, including loss of pavement, shoulders, culverts, and guard rails. Weld County Road 61, an asphalt road with gravel shoulders, was flooded over from a location north of intersection of CR 380/ CR61 (40.37623, -104.48865) northward to south of intersection CR388/CR61 (40.30023, -104.48889), see map attached. The flood affected area covered approximately 22LF wide asphalt road over approximately 5,100LF, plus 6LF gravel shoulders each side, to an average depth of 5.5LF, or (34LF x 5,100LF x 5.5LF) /27 CY/CF, or approximately 35,300 CY of total road volume. A site inspection was performed on 11/1/2013, by FEMA Public Assistance Coordinator Eugene May, and Weld County Chief Engineer David Bauer. Floodwaters overtopped the following sections, causing the complete loss of roadway (see map): Location 1, approx 525LF (START 40.36753, -104.48887; END 40.38588, -104.48887) Location 2, approx 150LF (START 40.38420, -104.48885; END 40.38381, -104.48883) Location 3, approx 620LF (START 40.38321, -104.48882; END 40.38151, -104.48877) SCOPE OF WORK: PA -08 -CO -4145-P W-00112(0): SCOPE OF WORK TEMPORARY: The Applicant used contract services in a publicly bid contract (notice of competitive bids and award attached) to restore the flood impacted road and shoulders in an expedited construction operation designed to address standing floodwaters at overtopped sections and lost pavement (Location 1, 2, 3), and the loss of gravel shoulders throughout the contract area to allow vehicular traffic before and during the winter season. The applicant anticipates that these conditions will likely lead to short term wear characteristics of the road structure, which will be revisited by the applicant after the winter season 2013/2014. This sub -grant is written for the temporary road recovery operations as indicated in the attached contract. The approximate measurements in the DAMAGE DESCRIPTION, 35,300CY, result in an average in place cost of accelerated operations at approximately $35CY, or a cost in an order of magnitude scale with temporary emergency road work in flood conditions. The contract, for $1,249,082 was awarded to the ROCHE CONSTRUCTORS INC of 361 71ST Avenue, Greeley, CO 80634, phone 970-356- 3611. The contract has accelerated performance specifications that require the opening of the road to vehicular traffic without standard dry road base conditions or compaction, due to the standing flood waters. For these specifications see CHANGE ORDER No1 regarding accelerated schedule in the attached contract, from 40 days to completion to 22 days to completion. All contract sections that refer to Federal Aid Road projects are used for procedures only. The Applicant has provided the Weld County map showing FHWA funded County Roads for 2013 showing the site of the work as being the responsibility and complete funding of Weld County (attached). Future attachments as indicated below in are in the Weld County Department of Public Works: 1. Signed Base Contract, Oct 2, 2013, and Change Order No.1, Accelerated Schedule, dated Oct 7, 2013. 2. Weld Co Commissioners Memo regarding public bids received, Oct 1, 2013 3. Contract Award Letter Oct 2, 2013, Notice to Proceed, Oct 3, 2013 4. Weld County Map FHWA funded County Roads. Notify Grantee (CO-OEM)for repairs/ re -work in spring of 2014, to meet current needs and or requirements; 1. A sub -grant Version (or Amendment) will be written to describe the damage related to permanent road work indicated in this sub -grant for temporary road work, if it is needed by the Applicant. 2. All work to be considered on this site for a FEMA sub -grant for permanent work will be preceded by the necessary FEMA re -inspection of the site and the definition of the damage description for the permanent work. 3. The Applicant will notify FEMA and the State of their intent to perform permanent work related to this site before any work commences in the field. Failure to do so may jeopardize the sub -grant for permanent work related to the temporary work in this sub -grant. https://connectl .dhs.gov/emmie/,Danalnfo=isource.fema.net, SSL-EdispatchDestination.do... 11/25/2013 Federal Emergency Management Agency E -Grants Page 10 of 13 Does the Scope of Work change the pre -disaster conditions at the site? Yes No Special Considerations included? Yes No Hazard Mitigation proposal included? Yes No Is there insurance coverage on this facility? Yes No PROJECT COST ITEM CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST 1 9999 ESTIMATE FOR TEMPORARY REPAIRS 1/LS $ 1,245,082.00 $ 1,245,082.00 TOTAL COST $ 1,245,082.00 PREPARED BY EUGENE MAY TITLE PACL SIGNATURE APPLICANT REP. Roy Rudisill TITLE Director - OEM SIGNATURE WELD (COUNTY) : PA-08-CO-4145-PW-00112 Conditions Information Review Name Condition Type Condition Name Description Monitored Status Final Review Other (EHP) Standard Condition #2 This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. No Approved Final Review Other (EHP) Standard Condition #1 Any change to the approved scope of work will require re - evaluation for compliance with NEPA and other Laws and Executive Orders. No Approved Final Review Other (EHP) Executive Order 11988 - Floodplains Applicant is responsible for coordinating with the local floodplain manager. All required permits should be maintained as part of the permanent record. No Approved Final Review Other (EHP) Clean Water Act (CWA) The applicant is responsible for verifying and compliance with all permit requirements, including permit conditions, pre - construction notification requirements and regional conditions as provided by the US Army Corps of Engineers (USAGE). The applicant is responsible for implementing, monitoring, and maintaining all Best Management Practices (BMP's) and Pre -Construction Notification (PCN) conditions of applicable Nation Wide Permits (NWP). This is to include any No Approved https://connectl .dhs. gov/emmie/,DanaInfo=isource. fema.net, S SL+dispatchDestination.do... 11/25/2013 Federal Emergency Management Agency E -Grants Page 11 of 13 requirements per the Colorado Department of Public Health and Environment 401 Water Quality Certification for Clean Water Act permits. Final Review Other (EHP) Standard Condition #3 If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. No Approved EHP Review Other (EHP) Standard Condition #2 This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. No Recommended EHP Review Other (EHP) Standard Condition #1 Any change to the approved scope of work will require re- evaluation for compliance with NEPA and other Laws and Executive Orders. No Recommended EHP Review Other (EHP) Executive Order 11988 - Floodplains Applicant is responsible for coordinating with the local floodplain manager. All required permits should be maintained as part of the permanent record. No Recommended EHP Review Other (EHP) Clean Water Act (CWA) The applicant is responsible for verifying and compliance with all permit requirements, including permit conditions, pre - construction notification requirements and regional conditions as provided by the US Army Corps of Engineers (USACE). The applicant is responsible for implementing, monitoring, and maintaining all Best Management Practices (BMP's) and Pre -Construction Notification (PCN) conditions of applicable Nation Wide Permits (NWP). This is to include any requirements per the Colorado Department of Public Health and Environment 401 Water Quality Certification for Clean Water Act permits. No Recommended EHP Review Other (EHP) Standard Condition #3 If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are No Recommended https://connect l .dhs. gov/emmie/,Danalnfo=isource. fema.net,S SL+dispatchDestination.do... 11/25/2013 Federal Emergency Management Agency E -Grants Page 12 of 13 discovered, will immediately cease construction in that area and notify the State and FEMA. Internal Comments No. Queue User Date/Time Reviewer Comments 12 Award Review SYSTEM 11-19-2013 05:45 PM GMT ACCEPTED 11 Mitigation MALONE JACK 11-18-2013 05:18 PM GMT 11/18/13 As per PW, "the SOW will be revisited by the applicant after the winter season 2013/2014. This sub -grant is written for the temporary road recovery operations." Therefore, when this project is revisited in Spring 2014, mitigation opportunities will be explored with the applicant, State, and FEMA with regard to the final permanent work written up. J.Malone/406 Review 10 Final Review DOTSON LEIGH ANDREA 11-18-2013 05:05 PM GMT Mitigation queue not selected during review process. HMP staff requested queue be added. 9 Final DOTSON LEIGH ANDREA 11-18-2013 05:04 PM GMT Mitigation review not selected. Review 8 Final DOTSON LEIGH ANDREA 11-18-2013 05:04 PM GMT Mitigation review not selected. Review 7 Final Review FRICKEY WILLIAM 11-18-2013 04:18 PM 11/18/13. Additional comments have been inserted in SOW for this PW as requested. This Project Worksheet is recommended for funding. Bill Frickey, TFL 6 Final DOTSON LEIGH ANDREA 11-16-2013 07:20 PM GMT Project needs comments added. Review 5 Final DOTSON LEIGH ANDREA 11-16-2013 07:15 PM GMT Project needs comments added. Review 4 Grantee MITCHELL- JONES JESSICA 11-16-2013 01:57 AM GMT All costs incurred by the applicant are a direct result of the declared incident. NOTE: Cat. C PW addresses temporary repairs of a permanent nature. Also project indicates the applicant anticipates additional work in the spring as repairs were emergency in nature to expedite the opening to have road access during the winter months. All costs associated with the emergency temporary repair and permanent restoration of this facility should be documented and submitted during the final inspection/reconcilation. JMitchell Review Cat C, 90%, Weld County, CR 61 at South Platte River, 3 locations totaling approx 1 mile in length. Applicant used contract services for temporary road recovery. Contractor restored flood -damaged road and shoulders in an expedited construction operation designed to address standing floodwaters at overtopped sections, lost pavement, and gravel shoulders and allow vehicular traffic before and during winter season. Expedited repairs may wear poorly and need additional work after winter season. - dpostma - 11/14/2013 14:30:36 GMT Project activities have the potential to impact Waters of the United States or wetlands. Project involves dredge, fill, https://connect1.dhs.gov/emmie/,Danalnfo=isource.fema.net, S SL+dispatchDestination.do... 11/25/2013 Federal Emergency Management Agency E -Grants Page 13 of 13 3 EHP Review MYERS RICHARD 11-14-2013 07:42 PM GMT excavation and/or modification. - dpostma - 11/14/2013 14:42:50 GMT Project site work is in mapped wetlands. Per 44 CFR Part 9.5 (g) Step 1: Project repairs are determined to have no effect on floodplain or wetlands provided that the repairs remain in the existing footprint and do not impact previously undisturbed areas. No further wetlands or floodplains review is required. - dpostma - 11/14/2013 15:05:57 GMT Entire community benefits from project. - dpostma - 11/14/2013 15:06:24 GMT Threatened and Endangered Species occur in this county but the type of activity proposed on this Project Worksheet has been determined to have "no effect" on the species. - dpostma - 11/14/2013 14:41:08 GMT Portions of project are located in Zone A, FIRM panel 0802660675C. Per 44 CFR Part 9.5 (g) Step 1: Project repairs are determined to have no effect on floodplain or wetlands provided that the repairs remain in the existing footprint and do not impact previously undisturbed areas. No further floodplains review is required. - dpostma - 11/14/2013 15:00:28 GMT All work will take place within previously disturbed ROW. Action meets criteria of FEMA Sec. 106 PA (4/23/13), Appendix B, Section III A and USAGE Sec. 106 PA (9/24/13) Stipulations, Parts II and III. - dpostma - 11/14/2013 14:39:58 GMT 2 Insurance Review JOHNSON KENNETH 11-13-2013 11:32 PM GMT A review of the documentation provided has identified that Weld County is insured for property damages through; Colorado Counties Casualty and Property Pool, Policy Number 020412751. This policy does not provide coverage for dams, dikes, bridges, culverts, roadways, streets, walks, paved surfaces, tunnels, canals, land. The insurance policy will not provide coverage for costs identified in this PW There will not an insurance reduction for this PW. The FEMA eligible damages are not to building, contents, equipment, or vehicles; therefore, there will not be an insurance commitment required. 1 Initial Review GROOVEY KENNETH 11-13-2013 11:13 PM GMT Inital review complete. https://connectl .dhs.gov/emmie/,Danalnfo=isource.fema.net, S SL+dispatchDestination.do... 11/25/2013 Hello