HomeMy WebLinkAbout20122414.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR EMERGENCY MANAGEMENT PERFORMANCE
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 Emergency
Management Performance 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 June 30, 2013, 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 Emergency Management Performance
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 10th day of September, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQ)LORADO
ATTEST: =�'�
rj can onw , Chair
Weld County Clerk to the B abr j� -2
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u ' q ;Wi iam F. Garcia, Pro-T m
BY: , r%
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Deputy Clep< tote Board `L-±71,I R/Jfi I. );A_171 j-./ii--
Sar ra Kirkmeyer
APPR SZFM: \,� Q-u-
David E. Long
Cyi torney E,G"(c-> , ( \vQ U
Douglas Riademache
Date of signature: 2._1/27 &X.,?
jarq iJoc�
Jg_ i0 - /<;? ed,' e)e--4-1 2012-2414
//-/S &C"R EM0015
EMPG/LEMS: 12EM-13-63
Routing/CMS# 2{I.134 7
Grant/Encumbrance#12EM-13-63
CFDA#97.042
Federal Award#EMW-2012-EP-00067
STATE OF COLORADO
Department of Public Safety,
Division of Homeland Security and Emergency Management (DHSEM),
Emergency Management Performance Grant (EMPG)
Local Emergency Management Support (LEMS)
Grant Agreement
with
WELD COUNTY
TABLE OF CONTENTS
I. PARTIES
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY I
3. RECITALS 2
4. DEFINITIONS 2
5. TERM and EARLY TERMINATION 3
6. STATEMENT OF WORK 3
7. PAYMENTS TO GRANTEE 3
8. REPORTING-NOTIFICATION 4
9.GRANTEE RECORDS 5
10. CONFIDENTIAL INFORMATION-STATE RECORDS 5
11. CONFLICTS OF INTEREST 6
12. REPRESENTATIONS AND WARRANTIES 6
13. INSURANCE 6
14. BREACH 8
15. REMEDIES 8
16.NOTICES and REPRESENTATIVES 10
17.RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE 10
18.GOVERNMENTAL IMMUNITY 10
19. STATEWIDE GRANT MANAGEMENT SYSTEM 10
20.GENERAL PROVISIONS 11
21. COLORADO SPECIAL PROVISIONS 13
22. SIGNATURE PAGE 15
23. EXHIBIT A-APPLICABLE FEDERAL LAWS AND STATE GRANT GUIDANCE
24. EXHIBIT B - STATEMENT OF WORK-BUDGET-REPORTING AND ADMINISTRATIVE REQUIREMENTS 1
25. EXHIBIT C-FFATA PROVISIONS 1
26. EXHIBIT D -APPROVED GRANT APPLICATION/ANNUAL WORKPLAN
1. PARTIES
This Grant 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; provided, however, that all project costs, if
specifically authorized by the funding authority, incurred on or after October 1, 2011, may be submitted for
reimbursement as if incurred after the Effective Date.
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3. RECITALS
A.Authority, Appropriation,And Approval
Authority to enter into this Grant exists in House Bill 12-1283 creating the Division of Homeland Security
and Emergency Management; signed June 4, 2012; fiords have been budgeted, appropriated and otherwise
made available pursuant to said Executive Order; and a sufficient unencumbered balance thereof 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
The purpose of the EMPG program is to encourage the development of comprehensive, risk-based, all-
hazard emergency management programs at local, state and tribal government levels and to improve
emergency planning, preparedness, mitigation, response, and recovery capabilities. Details of this Grant
are provided 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.
B. Evaluation
"Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in
§6 and Exhibit B.
C.Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein: Exhibit A (Applicable Federal
Laws and State Grant Guidance), Exhibit B (Statement of Work — Budget and Reporting and
Administrative Requirements), Exhibit C (FFATA Provisions); Exhibit D (Approved Grant
Application/W orkplan).
D.Goods
"Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
E. Grant
"Grant" means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference
under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references
incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies.
F. Grant Funds
"Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant.
G.Party or Parties
"Party"means the State or Grantee and"Parties" means both the State and Grantee.
H.Program
"Program" means the Emergency Management Performance Grant (EMPG) Program that provides the
funding for this Grant.
I. 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.
J. Services
"Services"means the required services to be performed by Grantee pursuant to this Grant.
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K.Subgrantee
"Subgrantee"means third-parties, if any, engaged by Grantee to aid in performance of its obligations.
L. 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.
M. 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-Work Commencement
Unless otherwise permitted in §2 above, the Parties respective performances under this Grant shall
commence on the Effective Date. This Grant shall terminate on June 30,2013, 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 on or
before the termination date. The State shall not be liable to compensate Grantee for any Work performed
prior to the Effective Date or the date stated in §2 if different than the effective date or after the termination
of 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 provisons of this §7, pay Grantee in the following amounts and using
the methods set forth below:
A.Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is $70,500, as determined by the
State from available funds. Grantee agrees to provide any additional funds required for the successful
completion of the Work. 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 and the procedures in the Grant
Management Guide ("Guide") issued by the Division of Homeland Security and Emergency
Management. Grantee shall initiate any payment requests by submitting invoices to the State in the
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form and manner set forth and approved by the State. If permitted by federal grant, the State may pay
certain eligible, pre-award expenses incurred within the applicable federal grant period.
ii. Interest
The State shall fully pay each invoice within 45 days of receipt thereof if accurate and presented in the
manner set forth in the Guide, and if the amount invoiced represents performance by Grantee
previously accepted by the State. Federal Funding for this grant disallows the payment of interest.
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 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 or federal funds are not appropriated, or
otherwise become unavailable to fund this Grant, the State may immediately 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, 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.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Grantee may
request budget modifications by submitting a Grant Change Request Form to the State. The Division of
Homeland Security and Emergency Management reserves the right to make and authorize modifications,
adjustments, and/or revisions to the Grant Award for the purpose of making changes in budget categories,
extensions of grant award dates, changes in goals and objectives, and other modifications which do not
change the total amount of the Grant Award. The State's total consideration shall not exceed the maximum
amount shown herein.
D.Matching Funds
If applicable, Grantee shall provide matching funds as provided in Exhibit B. Grantee shall have raised the
full amount of matching funds prior to the Effective Date or the date stated in §2 if different than the
effective date and shall report to the State regarding the status of such funds upon request.
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 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.
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
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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 or 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 on 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,
and shall provide each with a written explanation of such requirements before they are permitted to access
such records and information.
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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 indemnifS/,
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 Grantees 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.
13. INSURANCE
Grantee and its Sub-grantees 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.
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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. Subgrantees
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 Grantees, products and completed
operations, blanket Grantual liability, personal injury, and advertising liability with minimum limits as
follows: (a)S1,000,000 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 S1,000,000 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 1 1/85, 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 the State by certified mail.
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.
C.Certificates
Grantee and all Sub-grantees shall provide certificates showing insurance coverage required hereunder to
the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the
expiration date of any such coverage, Grantee and each Sub-grantee 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 sub-grant, Grantee and each Sub-grantee shall, within 10 days of
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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 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. 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 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
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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, 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.
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,
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(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:
Mr. Kevin R. Klein, Director
Department of Public Safety, Division of Homeland Security and
Emergency Management
690 Kipling Street, Suite 2100
Denver, CO 80215
Kevin.Klein('i cdpsstate.co.us
B. Grantee:
Mr. Roy Rudisill, Director
Weld County Emergency Management
1950 "O" Street
Greeley, CO 80631
rrudisill(a.co.weld.co.us
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 provided 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, and to authorize other to do so.
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, its 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.
19. STATEWIDE GRANT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is S100,000 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 Grant 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 Grant 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 Grant Management
System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30
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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 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, subgranting without
such consent shall be void. All assignments, subgrants, or Subgrantees 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.
F. Indemnification-General
Grantee shall 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.Modification
i. By the Parties
Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless
agreed to in writing by both parties in a grant change request form or an amendment to this Grant,
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
MODIFICATIONS OF GRANTS - TOOLS AND FORMS.
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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.
I. 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 limtied to, those
provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in
the following order of priority:
i. Colorado Special Provisions,
ii. The provisions of the main body of this Grant,
iii. Exhibit A,
iv. Exhibit B
v. Exhibit D
J. 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.
K.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.
L. Taxes
The State is exempt from all federal excise taxes under 1RC 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.
M. 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.
N.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.
O.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.
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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 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.
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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.
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.
SPs Effective 1/1/09
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
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EMPG!LEIvtS: 12EM-13-63
22. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
*Persons signing for Grantee hereby swear and affirm that they arc authorized to act on Grantee's behalf and acknowledge that
the State is relying on their representations to that effect.
GRANTEE STATE OF COLORADO
WELD COUNTY John Hickenlooper,GOVERNOR
Department of Public Safety,
By: Sean P. Conway Division of Homeland Security and Emergency
Management
Title: Cha:.r, Board of Weld County Commissioners Kevin R.Klein,Director
,,----3„....4 --- ,7c.-. /�,Yc
By: Kevin R. Klein,Director
*Signat� (...—..7 `
Date: SEP 1 02012
24-- srP f),7
2nd Grantee Signature if Needed PRE-APPROVED FORM CONTRACT REVIEWER
By:
By: igedu_. �`4 �4
Title: U r William F.Archambault,Jr.,
Budget and Finance Director
Date: q/ , 14
*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
Da ' J.McDermott A
By: ei!,
--•- _ Co troller Delegate
Date: /0WiVO?
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23. EXHIBIT A-APPLICABLE FEDERAL LAWS AND STATE GRANT GUIDANCE
The following are incorporated into this contract without limitation.
1. All Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or
national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended(29 U.S.C. §794),which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which
prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L.
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (0 the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527
of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968
(42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and, 0) the requirements of any other nondiscrimination statute(s)
which may apply to the application.
2. Any applicable provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the
political activities of employees whose principal employment activities are funded in whole or in part
with Federal funds.
3. Any applicable provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act(40
U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act(40 U.S.C.
§§327-333),regarding labor standards for federally-assisted construction subagreements.
4. Any environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-
190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in
accordance with EO 11988; (e) assurance of project consistency with the approved State management
program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f)
conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the
Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)protection of underground sources of
drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h)
protection of endangered species Act of 1973, as amended(P.L. 93-205).
5. The Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or
potential components of the national wild and scenic rivers system. Will assist the awarding agency in
assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974(16 U.S.C. §§469a-1 et seq.).
6. The Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local
Governments, and Non-Profit Organizations."
7. Any applicable requirements of all other Federal laws, executive orders, regulations, and policies
governing this program.
8. Federal EMPG Grant Guidance.
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EMPG/LEMS: 12EM-13-63
24. EXHIBIT B-STATEMENT OF WORK-BUDGET-REPORTING AND
ADMINISTRATIVE REQUIREMENTS
1. GENERAL DESCRIPTION OF THE PROJECT(S).
1.1 Project Description. Grantee will carry-out the annual work plans in the Annual EMPG/LEMS
Program Paper and Staffing Plan (Exhibit D) for each of the Emergency Management Functions
(EMF).
1.2 Project expenses. Project expenses include the costs for salaries and benefits for Grantee's
emergency manager and emergency management staff, travel, emergency management office
operational costs, and the costs associated with, emergency management exercises, training and
planning. No more than 5%of this Grant may be used for Management and Administration(M&A)
costs. Note: salaries of local emergency managers are not typically categorized as M&A,unless the
local Emergency Management Agency (EMA) chooses to assign personnel to specific M&A
activities. Additional specific eligible and ineligible cost information is listed in the 2012 EMPG
program guidance now known as "Funding Opportunity Announcement" at
http://www.fema.gov/fy-2012-emergency-management performance-grants-program - click on the
.pdf or text version at the bottom of the page, first under"Additional Information".
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 List additional grant deliverables: Grantee will complete the annual work-plan described by the
Grantee in Exhibit D. Grantee must participate in NIMSCAST by entering or updating the
Grantee's data as part of meeting the NIMS compliance requirements.
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 termination date stated in §5 of the Grant Agreement. 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. One copy with original or electronic signature shall be submitted in accordance with
the schedule below:
Report Period Due Date
October-December January 30
January-March April 30
April-June July 24
July-September j October 30
3.2. Final Reports: Grantee shall submit final financial status and progress reports that provide final
financial reconciliation and final cumulative grant/project accomplishments within 45 days of the end
of the project/grant period. The final report may not include unliquidated obligations and must
indicate the exact balance of unobligated funds. The final reports may substitute for the quarterly
reports for the final quarter of the grant period. If all projects are completed before the end of the
grant period, the final report may be submitted at any time before its final due date. Further reports
are not due after the Division of Homeland Security and Emergency Management has received, and
sent notice of acceptance of the final grant report.
3.3. Non-Federal Match: This non-federal match section[check one]® applies to or does not apply ❑
to this Grant. If it applies, this Grant requires a non-federal match contribution of part of the total
Grant budget as shown in the budget table. Documentation of expenditures for the non-federal match
contribution is required with each drawdown request. The match[check one] ®may or may not❑
include in-kind match.
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4. TESTING AND ACCEPTANCE CRITERIA:
The Division of Homeland Security and Emergency Management shall evaluate this 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: Grantee shall submit requests for reimbursement using the Division of
Homeland Security and Emergency Management's provided form at least quarterly. One original or
electronically signed copy of the reimbursement requests is due on the same dates as the required
financial reports. All requests shall be for eligible actual expenses incurred by Grantee, as described
in detail in the budget table(s) of this Exhibit. Requests shall be accompanied by supporting
documentation totaling at least the amount requested for reimbursement and any required non-federal
match contribution. 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. Up to one quarter of the total grant
will be reimbursed with each quarterly payment. No more than 50% of the reported expenses will be
reimbursed at any time. If one quarter's reported expenses do not warrant reimbursement of a full
quarter's payment, any remaining funds from that quarter will be available for subsequent quarters so
that additional expenses incurred in the later quarters may be reimbursed. Likewise, if excess
expenses for one quarter are reported, those unreimbursed expenses will be added to the following
quarters' expenses as necessary to maximize each quarter's reimbursement. If the total reimbursable
expenses reported for the year's grant exceed the amount of the award, the excess expenses may be
eligible for consideration for any reallocation additions made at the end of the federal grant period. If
any grant end reallocation funding is available, eligibility for these funds will require timely report
submittal, and strong performance demonstrated through the quarterly progress reports and through
ongoing contact/monitoring.
5.2. Payment Amount: When non-federal match is required, such match must be documented with every
payment request. Periodic payments will be made as requested at the same percentage of the
documentation submitted as the Grant funded share of the budget up to any applicable quarterly or
other pre-closeout maximums. Payment will not exceed the amount of cash expenditures
documented. Excess match documented and submitted with one reimbursement request will be
applied to subsequent requests as necessary to maximize the allowable reimbursement.
5.3. Remittance Address. If mailed, payments shall be sent to the representative identified in §16 of the
Grant:
Mr. Roy Rudisill, Director
Weld County Emergency Management
1950 "O" Street
Greeley, CO 80631
rrudisill(a co.weld.co.us
6. ADMINISTRATIVE REQUIREMENTS:
Required Documentation: Grantees shall retain all procurement and payment documentation on site
for inspection. This shall include, but not be limited to, purchase orders, receiving documents, invoices,
vouchers, equipment/services identification, and time and effort reports.
6.1. Sufficient detail shall be provided with reimbursement requests to demonstrate that expenses are
allowable and appropriate as detailed below:
6.1.1. Equipment or tangible goods. When requesting reimbursement for equipment items with a
purchase price of or exceeding $5,000, and a useful life of more than one year, the Grantee
shall provide a unique identifying number for the equipment, with a copy of the Grantee's
invoice and proof of payment. The unique identifying number can be the manufacturer's
serial number or, if the Grantee has its own existing inventory numbering system, that number
Page 2 of 4-Exhibit B
EMPG/LEMS: 12EM-13-63
may be used. The location of the equipment shall also be provided. In addition to ongoing
tracking requirements, Grantee shall ensure that equipment items with per unit cost of$5,000
or more are prominently marked in a manner similar to the following: Purchased with funds
provided by the FEMA.
6.1.2. Services. Grantees shall include contract/purchase order number(s) or employee names, the
date(s)the services were provided and the nature of the services.
6.2. Procurement: Grantee shall ensure its procurement policies meet or exceed local, state, and federal
requirements. Grantees should refer to local, state, and federal guidance prior to making decisions
regarding competitive bids, sole source or other procurement issues. In addition:
6.2.1. Any sole source transaction in excess of $100,000 shall be approved in advance by the
Division of Homeland Security and Emergency Management.
6.2.2. 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; and (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.
6.2.3. Grantee shall verify that the Contractor is not debarred from participation in state and federal
programs. Sub-grantees should review contractor debarment information on
http://www.epls.gov.
6.2.4. When issuing requests for proposals, bid solicitations, and other published documents
describing projects or programs funded in whole or in part with these grant funds, Grantee
and Subgrantees shall use the phrase -"This project was supported by grant #12EM-13-63,
issued by the Division of Homeland Security and Emergency Management."
6.2.5. Grantee shall verify that all purchases are listed in §1 or §7 of this Exhibit. Equipment
purchases, if any, shall be for items listed in the Approved Equipment List (A.E.L) for the
grant period on the Responder Knowledge Base (RKB), at http://www.rkb.mipt.ore.
Additionally, funds used to support emergency communications activities should comply
with the FY 2012 SAFECOM Guidance for Emergency Communication Grants, at
http://wvvw.safecomprogram.gov
6.2.6. Grantee shall ensure that no rights or duties exercised under this grant, or equipment
purchased with Grant Funds having a purchase value of$5,000 or more, are assigned without
the prior written consent of the Division of Homeland Security and Emergency Management.
6.2.7. Grantee shall ensure that all funds are supplemental to Grantee's Budget and do not supplant
the Grantee's own funds.
6.3. Additional Administrative Requirements: NONE
-See Budget on Next Page-
Page 3 of 4-Exhibit B
EMPG/LEMS: 12EM-13-63
7. STATEMENT OF WORK—BUDGET
Category Requested Total Project
Personnel $171,627
Travel 17,000
Office Support/Other 36,200
Total Estimated Budget
(Total Rounded to Nearest$100) $224,800
Total Requested Federal Share -
50% of Total Budget $112,400
Actual 2012 Award Amount
2012 Federal Share (up to 50% of Total
Estimated Budget) $70,500
Required Non-Federal Match (at least 50% of
Total Estimated Budget) $70,500
Total Project $141,000
Remaining 2011 Award Funds*
2011 Federal Share Remaining (or that remained)
Available for Reimbursement During the FFY 12
Grant Period - as of expenses reported through
September 30, 2011. * $ 0
Total Federal Funds Available During FFY 2012
Grant Period $70,500
*For information purposes only. Not part of this 2012 award. Any remaining balance is from the 2011
award and remains part of that grant and is reimbursable during the 2012 award period because of the
overlapping performance terms. If all four quarters' reimbursements for the 2011 award have been
submitted and paid, the 2012 Federal Share Remaining shown above is available for reimbursement during
the first three quarters of the 2012 Federal Fiscal Year (FFY). Remaining 2011 funds will be, or already
have been, paid for the 2012 first, second and third quarter reimbursement requests as necessary to utilize
the full 2011 award. Payments from remaining prior year funds are identified as fifth, sixth and seventh
quarter 2011 payments as appropriate on the reimbursements, and the required 50% non-federal match will
be counted toward the 2011 grant to properly match the reimbursed amounts. If any 2011 first-fourth
quarter reimbursements have not yet been submitted or paid, the 2012 amount remaining available will be
reduced by any payments made when submitted and approved. If the 2011 Federal Share Remaining
Available amount shown is $0, the full 2011 award amount has been reimbursed, and has no effect on the
funds available during FFY 2012.
Page 4 of 4-Exhibit B
EMPG/LEMS: l2EM-13-63
25. 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
As of 10-15-10
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. "Central Contractor Registration (CCR)" means the Federal repository into which an Entity must enter
the information required under the Transparency Act,which may be found at http://www.bpn.gov/ccr.
1.3. "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.
1.4. "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.
1.5. "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.
1.6. "Entity"means all of the following as defined at 2 CFR part 25, subpart C;
1.6.1. A governmental organization,which is a State, local government, or Indian Tribe;
1.6.2. A foreign public entity;
Page 1 of 4-Exhibit C
EMPG/LEMS:S: 12 EM-13-63
1.6.3. A domestic or foreign non-profit organization;
1.6.4. A domestic or foreign for-profit organization; and
1.6.5. A Federal agency,but only a Subrecipient under an Award or Subaward to a non-
Federal entity.
1.7. "Executive"means an officer,managing partner or any other employee in a management position.
1.8. "Federal Award Identification Number(FAIN)" means an Award number assigned by a Federal agency
to a Prime Recipient.
1.9. "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."
1.10. "Prime Recipient" means a Colorado State agency or institution of higher education that
receives an Award.
1.11. "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.
1.12. "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.
1.13. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9-digit Data
Universal Numbering System (DUNS) number that appears in the subrecipient's Central Contractor
Registration (CCR)profile, if applicable.
1.14. "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.
1.15. "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 510,000.
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
Page 2 of 4-Exhibit C
EMPG/LEMS: 12EM-13-63
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. Central Contractor Registration (CCR) and Data Universal Numbering System (DUNS)Requirements.
3.1. CCR. Contractor shall maintain the currency of its information in the CCR until the Contractor submits
the final financial report required under the Award or receives final payment, whichever is later. Contractor
shall review and update the CCR information at least annually after the initial registration, and more
requently 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 CCR 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. S25,000,000 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 CCR 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/dfp/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
subsequent Award modifications result in a total Award of S25,000 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 CCR. A Subrecipient shall register in CCR and report the following data elements in CCR 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:
Page 3 of 4-Exhibit C
EMPG/LEMS: 12EM-13-63
7.2.1 Subrecipient's DUNS Number as registered in CCR.
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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 4 of 4-Exhibit C
EMPG/LEMS: I2EM-13-63
26. EXHIBIT D -APPROVED GRANT APPLICATION/ANNUAL WORKPLAN
Attach Approved Grant Application/Workplan Pages behind this cover page
Page I of I -Exhibit D
,,•\-trl,nia
• z,� r Colorado Division of Emergency Management (CDEM)
r- � Emergency Management Program Grant (EMPG)
� g Y 9 9 ( )
> '` Local Emergency Manager Support (LEMS)
�, Program Funding Application
la
Staffing Pattern for FFY2012
Note: This for MUST be resubmitted whenever the jurisdiction has personnel changes.
JURISDICTION: Weld County (Updateded)
1a) 2) 3) 4)
Date of Appoint- Employee Status-Type
Classification Specification/Full ment or of Appointment
Employee Name Position Title Date Hired SEE INSTRUCTIONS
Roy Rudisill Director 10/1/1989 Perminate
—
Mark Stafford Coordinator 1/23/2012 Perminate
1b) 6) 6) 7) 8) 9) 10) 11)
Jurisdiction Gross Annual Percent
Gross Annual Employer- Total LEM LEM LEMS LEMS
salary(All job Provided Hours! Hours/ Hours! Eligible Eligible
Salary Benefits
PAID Employee Name titles) Benefits Week Week Week
Roy Rudisill $79,221 $32,029 40 40 t 100% i$79 221 2;D2 r
Mark Stafford $42,994 $17,382 40 40 100 $4 4 $174$8,2:.
r
$0 .itf4 r J , $p,I .
$0 °hi s
0% $i7
0°(0 $Q r
#J%o $0 $O
0°JA '$0 so
Totals $ i 22,215.00 $ 49,411.52 ,.,$122,21$ 1$4$,41
1
g-htsr i 'litter'ii .
Sldt A 4. SIot
On'€URdis dtrFut�d[ng
!Request l equest'
]f
,a° Colorado Division of Emergency Management
I go; Annual Program Paper
PART 1 — Planned Activities
EMPG/LEMS Work plan
Annual Program Paper & Quarterly Progress Reports
0 Please check the appropriate box to indicate if the submission is the Annual Program Paper or a
Quarterly Progress Report.
0 For the Annual Program Paper— Planned Activities identify to the extent possible the
measurable outcome for each Planned Activity and the quarter the activity will be completed. It
is recognized that schedules and priorities change and that activities may actually be
accomplished in a different quarter than the one projected.
0 Quarterly Reports (see FY2012 Reporting Schedule) can be submitted in any format that you
choose (letter, narrative, spreadsheet, customized form), so long as the information in the report
identifies the status of each activity planned for that quarter: completed/accomplished, in-
process, postponed/canceled, or not completed or accomplished. Please indicate a reason
when activities are postponed, canceled or not completed.
0 The fourth quarter submission should reflect the status of all Planned Activities. If a Planned
Activity has not been completed, please provide the reason that the activity was not
accomplished.
0 Contact your CDEM Regional Field Manager for assistance in completing these forms.
X 2012 PROGRAM PAPER — PLANNED ACTIVITIES
❑ 1st quarter ❑ 2nd quarter ❑ 3rd quarter ❑ 4th quarter
JURISDICTION NAME: Weld County
SUBMITTED BY: Roy Rudisill
TITLE: Director
SIGNATURES
Must be signed(In ink) or(Adobe Acrobat digital signature) by the emergency manager and forwarded to the
assigned GOEM Regional Field Manager for approval. ,l ,J�J
Emergency Manager of Jurisdiction: Roy Rudisill 0�/AW
Date: _October 4, 2011
CDEM Regional Field Manager:
Date:
2011-3072
Page 1 of 13 Weld County 2012 EMPG Annual Program Paper
.. :His...�.e.. .....:..•..,a':.. — .. �..., nn .. ....�..: ... ... ..k .�... -
mergency Management Functions s)
1.Administration and Finance 9.Mutual Aid
2.Laws and Authorities 10.Communications and Warning
3.Hazard Identification and Risk Amassment 11.Operations and Procedures
4.Hazard Mitigation 12.Facilities
5.Prevention 13.Training
6.Operational Planning 14.Exercises,Evaluations and Corrective Actions
7.Incident Management 15.Crisis Communication,Public Education&Information
8.Resource Management and Logistics
Local Jurisdiction Reporting Schedule
Quarter Reporting Period Report Due Date Claim Due Date
1 10/01/11 — 12/31/11 01/15/12 01/31/12
2 01/01/12—03/31/12 04/15/12 4/30/12
3 04/01/12—06/30/12 07/15/12 7/31/12
4 07/01/12 —09/30/12 10/15/12 10/31/12
CDEM Field Manager Reporting Schedule
Quarter Reporting Period Report Duc Date
1 10/01/11 — 12/31/11 01/22/12
2 01/01/12—03/31/12 04/22/12
3 04/01/12—06/30/12 07/22/12
4 07/01/12 -09/30/12 10/22/12
Page 2 of 13 Weld County 2012 EMPG Annual Program Paper
Est.
Planned Activity Annual Program Completion EMEE(s)
Date
FEMA Mandatory Activity: Sub grantees will report progress toward making their EOPs
compliant with CPG 101, Version 2.0—this is done by using the Plan Analysis Tool—May
2011, available at http://wwW.fema.gov/prepared/plan.shtm.
Required Reporting: Annually/
1. • Sub grantees are required to submit the above referenced evaluation annually and 6
Quarterly
include quarterly updates on percentage completion of CPG 101 v.2 compliance within
the EMPG Program Work Plan.
• Sub grantees are required to submit their existing EOPs to their respective Regional
Field Managers in order to be eligible for FY 2012 EMPG Program funds.
FEMA Mandatory Activity: All EMPG Program grantees (State of Colorado)will develop
and maintain a progressive exercise program consistent with the National Exercise
Program base plan, to include no less than four quarterly exercises (i.e., one exercise per
quarter) of any type (e.g. Drills, Tabletop Exercises, Functional), and participate in one full-
scale exercise within a 12-month period (see https://hseep.dhs.gov). In addition, all EMPG
Program funded personnel shall participate in no less than three exercises in a 12-month
period.
• In oraer for the State of Colorado to meet this requirement. sub-grantees will need
to organize or participate in three exercises. These exercises may include drills,
tabletops, functional or full-scale. Actual incidents or events may qualify for either
a functional or full-scale exercise. The incident must meet the following criteria and
be approved by the CDEM Field Manager: Annually/ 13,14
2' • Continue for more than one operational period Quarterly
• Notification must be made to the CDEM Field Manager during the incident
• The incident must be entered at the county. regional or state level in
WebEOC
• An AAR/IP (After Action Report/ Improvement Pan) must be completed
within the required federal fiscal quarter reporting time frame
Required Reporting:
• Sub grantees must report quarterly in the EMPG Program work plan the percent
completion of the progressive exercise series to include percent completion of
personnel participation
• Sub grantees must submit AAR/IPs for each exercise to include corrective actions in the
EMPG Programguarterly reporting
FEMA Mandatory Activity: To ensure the development of a professional emergency
management workforce all EMPG Program funded personnel shall complete the following
training requirements and record proof of completion. National Incident Management
I System (NIMS)Training: IS 100; IS 200; IS 700; and IS 800; FEMA Professional
Development Series: IS 139; IS 230.a; IS 235.a; IS 240.a; IS 241.a; IS 242.a; and IS 244.a
Weld County EM Staff will participate in NWS Storm Spotter Training, IS 775 EOC
Management and Operations, 1S 120 Intro to Exercises and IS 130 Exercise
Evaluation and improvement Planning.
Ail grantees and sub grantees are required to develop a multi-year Training and Exercise
3. Plan (TEP) and update it annually. States and Urban Areas are required to conduct an Annually/ t3
annual Training and Exercise Planning Workshop (TEPW). Information related to TEPs and Quarterly
TEPWs can be found on the HSEEP website at https://hseep.dhs.gov.
Required Reporting:
• Submission of a list of EMPG Program funded personnel along with the training
completed to be included in the EMPG Program quarterly reporting and should be
updated into NIMSCAST by August 30th.
• Provide copy of TEP to your Regional Field Manager
• Quarterly reporting of implementation of TEP, including percent addressed in the FY
2012 EMPG Program Work Plan. _
FEMA Mandatory Activity: Administer EMPG grant and submit quarterly reports to
CDEM Regional Field Manager by established deadlines Quarterly
4. Required Reporting: Submit on time and detailed quarterly reports of status of
_I deliverables and work Plan activities. l
Page 3 of 13 Weld County 2012 EMPG Annual Program Paper
FEMA Mandatory Activity: Submit EMPG quarterly claims forms to CDEM Regional Field
Manager by established deadlines.
5' Q Required Reporting: Submit on time and detailed quarterly claims of status of Quarterly
deliverables and work plan activities.
FEMA Mandatory Activity: Update job descriptions of positions and personnel identified
6 on the EMPG staffing pattern sheet. ls'.Qtr Only 1,2
Required Reporting: Provide updated job description of Emergency Management/
EMPG funded staff that meets the submitted staffing pattern and EMPG work plan.
CDEM Suggested Activity: Conduct or Attend Monthly/Quarterly ESF-5 Emergency
Management, ESF-6 Mass Care and ESF-8 Health and Medical meetings(Regional and
7. /or Local) Quarterly 2,6,7,11
Suggested Reporting: Provide overview of meeting to include: purpose, projected
outcomes and date.
CDEM Suggested Activity: Utilize CDEM- Request for Assistance Form when requesting 1,7,8,9,1
8. resources outside mutual or auto aid agencies. Quarterly
Suggested Reporting: Provide overview of incident and request for assistance.
CDEM Suggested Activity: Utilize WebEOC daily to gain local, regional and state
situational awareness for response operations and information sharing. Provide Web EOC 6,7,8,9,1
9. Training/Overview to EOC Staff/COG team. Quarterly 0, H 15
Suggested Reporting: Provide overview to include: incident name,#of operational
periods, incident complexity.
CDEM Suggested Activity: Develop/Update Rapid Needs Assessment(RNA)
procedures to evaluate event impacts in all relevant jurisdictions(ie. County-wide for county
programs that include cities and towns). Initiate damage assessment procedures to
1 evaluate event impacts in all relevant jurisdictions(ie0. . County-wide for county programs Third 611
that include cities and towns).The Regional Field Manager can provide technical Quarter '
assistance and some documents for development of program.
Suggested Reporting: Provide copy of RNA procedures&Damage Assessment
Procedures to your CDEM Regional Field Manger.
CDEM Optional Activity: Establish/ Develop/Coordinate the distribution of jurisdictional
preparedness information focusing on community and responder safety through various
11. methods. Quarterly 6,15
Suggested Reporting: Provide overview to include: Type of preparedness campaign &
delivery method
12 Attend Town and County Meetings to provide updated information on planning and Quarters 2,5,6'8,
_preparedness for towns. Provide new Colorado Disaster Handbook as needed. y 10
Continue to support web page development for Weld County and the NE Region to include; 3,4,5,10,
13. Ready NE,Ready Weld County and OEM Web Page. Reporting on outreach and Quarterly 15
preparedness information during each quarter
14.
15.
16.
17
Page 4 of 13 Weld County 2012 EMPG Annual Program Paper
Reporting Requirements: 1'`Quarter
1.
3.
4. — --
5
6
7.
810
11
12
13.
14.
15.
16.
17J
1' Quarter Training Report
Name of Training #of Personnel Trained #of EMPG Program #of EMPG Program Training Aligned to
Funded Personnel supported Personnel Multi-Year Training
Trained and Exercise Plan
Yes/No)
Page 5 of 13 Weld County 2012 EMPG Annual Program Paper
1't.Quarter Exercise Report
Type of Exercises #of #Counting #of EMPG #of EMPG Name or Exercise
Exercises Towards Program Program Description Align to
Multi-Year Funded Funded Emergency
TEP Personnel Personnel Operations
Participating in Plan?
Exercise (Yes/No)
Discussion-Based
Seminar
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Workshops
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Tabletop Exercises(TTX)
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions:Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Game _.
• AAR Complete _ !,
• Corrective Actions identified
Progress made towards addressing Corrective Actions:Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Operations-Based
Drill
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Functional Exercise
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Full-Scale Exercise
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions:Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Progress made towards I
completing Multi-Year TEP
Page 6 of 13 Weld County 2012 EMPG Annual Program Paper
Reporting Requirements: 2nd Quarter
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
2nd Quarter Training Report
Name of Training #of Personnel Trained #of EMPG Program #of EMPG Program Training Aligned to
Funded Personnel supported Personnel Multi-Year Training
Trained and Exercise Plan
(Yes/No)
Page 7 of 13 Weld County 2012 EMPG Annual Program Paper
2°a.. Quarter Exercise Report
Type of Exercises #of #Counting #of EMPG #of EMPG Name or Exercise
Exercises Towards Program Program Description Align to
Multi-Year Funded Funded Emergency
TEP Personnel Personnel Operations
Participating in Plan?
Exercise (Yes/No) _
Discussion-Based
Seminar
• AAR Complete
• Corrective Actions identified __
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Workshops
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Tabletop Exercises(TTX)
• AAR Complete
• Corrective Actions identified _
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Game
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Operations-Based
Drill
• AAR Complete -
• Corrective Actions identified
Progress made towards addressing Corrective Actions:Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Functional Exercise
• AAR Complete
• Corrective Actions identified _
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Full-Scale Exercise
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Progress made towards
completing Multi-Year TEP
Page 8 of 13 Weld County 2012 EMPG Annual Program Paper
Reporting Requirements: 3'd. Quarter
1.
-------------- - - ---
2.
3.
4.
5.H. I
10.
11.
-12._+
13.
14.
15.
16.
17.
3rd Quarter Training Report
Name of Training #of Personnel Trained #of EMPG Program #of EMPG Program Training Aligned to
Funded Personnel supported Personnel Multi-Year Training
Trained and Exercise Plan
(Yes/No)
Page 9 of 13 Weld County 2012 EMPG Annual Program Paper
3r°.Quarter Exercise Report
Type of Exercises #of #Counting #of EMPG #of EMPG Name or Exercise
Exercises Towards Program Program Description Align to
Multi-Year Funded Funded Emergency
TEP Personnel Personnel Operations
Participating in Plan?
Exercise (Yes/No)
Discussion-Based
Seminar
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Workshops
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Tabletop Exercises(TTX)
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Game
• AAR Complete
• Corrective Actions identified _
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Operations-Based
Drill
• AAR Complete _ ---
• Corrective Actions identified
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Functional Exercise
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Full-Scale Exercise
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions:Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Progress made towards
completing Multi-Year TEP
Page 10 of 13 Weld County 2012 EMPG Annual Program Paper
Reporting Requirements: 4th.Quarter
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
4t°.Quarter Training Report
Name of Training #of Personnel Trained #of EMPG Program #of EMPG Program Training Aligned to
Funded Personnel supported Personnel Multi-Year Training
Trained and Exercise Plan
(Yes/No)
Page 11 of 13 Weld County 2012 EMPG Annual Program Paper
41h. Quarter Exercise Report
Type of Exercises #of #Counting #of EMPG #of EMPG Name or Exercise
Exercises Towards Program Program Description Align to
Multi-Year Funded Funded Emergency
TEP Personnel Personnel Operations
Participating in Plan?
Exercise (Yes/No)
Discussion-Based
Seminar
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions:Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Workshops _
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Tabletop Exercises(TTX)
• AAR Complete ___,
• Corrective Actions identified
Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Game
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions:Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Operations-Based
Drill
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions:Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Functional Exercise
• AAR Complete
• Corrective Actions identified
Progress made towards addressing Corrective Actions:Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Full-Scale Exercise
• AAR Complete -
• Corrective Actions identified
Progress made towards addressing Corrective Actions:Please indicate at least the percentage progress made towards the addressing the
findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made:
Progress made towards
completing Multi-Year TEP
Page 12 of 13 Weld County 2012 EMPG Annual Program Paper
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