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Home My WebLink About20110742.tiff RESOLUTION RE: APPROVE GRANT AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY PLANNING (HMEP) AND FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)/FEDERAL SUB-AWARD REPORTING SYSTEM (FSRS) DATA REPORT 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 a Grant Agreement for the Hazardous Materials Emergency Planning (HMEP), and a Federal Funding Accountability and Transparency Act (FFATA)/Federal Sub-Award Reporting System (FSRS) Data Report between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Office of Emergency Management, and the Colorado Department of Local Affairs, Division of Emergency Management, commencing January 1, 2011, and ending September 30, 2011, with further terms and conditions being as stated in said grant application and data report, and WHEREAS, after review, the Board deems it advisable to approve said grant application and data report copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Grant Agreement for the Hazardous Materials Emergency Planning (HMEP), and a Federal Funding Accountability and Transparency Act (FFATA)/Federal Sub-Award Reporting System (FSRS) Data Report between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Office of Emergency Management, and the Colorado Department of Local Affairs, Division 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 grant agreement and data report. 3 O°5 3-ai - ll Cl C EV^- 2011-0742 yt,� 11 EM0015 GRANT AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY PLANNING (HMEP), AND FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)/FEDERAL SUB-AWARD REPORTING SYSTEM (FSRS) DATA REPORT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of March, A.D., 2011, nunc pro tunc January 1, 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ',. �. . fL IA,A. �dCG ;,• rbara Kirkmeye , Chaim Weld County Clerk to th=':�. �`0. �/' Ba �) Ct� ' I Sean P. a , Pro-Tem BY: .� ...i / 1�� .�.•4 Deputy Clerk to the Boa __, i F. Garc AP E FORM: J_, r„ (J David E. Loner ty Attorney �,, � Cr S cdL,ti- //t // Muglas�Rademach r u Date of signature: "7 / 2011-0742 EM0015 FFATA/FSRS Data Report Due to the implementation of the FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA), the CDEM must enter the information for each subaward into the SUB-AWARD REPORTING SYSTEM (FSRS). This information is required by the Office of Management and Budget (OMB) and must be submitted by the CDEM within 30 days of making the subaward, so is being collected at the time of each grant application. Unless otherwise indicated, all fields must be completed in order to be an eligible subgrant recipient. Information Field Field Description Response Agency or Jurisdiction DUNS number assigned to your 014538859 (Weld County Sheriff s DUNS # jurisdiction or specifically to Office) your agency Parent Organization DUNS If the Jurisdiction has a DUNS 075757955 (Weld County) number, if applicable number and the Agency has one as well, insert the Jurisdiction's DUNS here. Name of Entity Receiving Jurisdiction or Agency Name to Weld County Sheriffs Office Award which the DUNS number is assigned Location of Entity Receiving Full Street Address of the 1950 O Street Award Recipient Agency Greeley Co 80631 Primary Location of Include City, State and Greeley,Weld County, Colorado Performance of the Award Congressional District 4 The Information Below MAY be Required—See Determining "and" statements Names and Total If all of the Conditions Below Compensation of the Five (5) are true then the names and most highly compensated compensation information is officers required—otherwise mark Box 1 as "Not Required" Information if Required The entity in the preceding fiscal year received 80% or more of 1. Not Required its annual gross revenues in federal awards, and; The entity received $25,000,000 or more in annual gross 2. revenues from Federal awards, and; The public does not have access to this information through 3. periodic reports filed with the IRS or SEC 4. 5. Signatur : JuJ 7cc'��Ubier- Date: MAR 2 1 2011 A ency's Authorizedt3epresentally the Grant Administrator named in the application and the grant contract) By signing above, I certify that the information contained in this FFATA data report is complete and accurate to the best of my knowledge. ail/ 7*'c;i HMEP: 11EM71H63 AGREEMENT Between the STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS And WELD COUNTY Summary Form of Financial ® Grant ❑ Loan Award Amount: $3,360.00 Assistance: Agreement Identification: Contract Encumbrance#: 11EM71H63 (DOLA's primary identification #for this agreement) Contract Management 3 D3 57 (State of Colorado's primary identification #for this agreement) System #: Project Information: Project/Award Number: l l EM71 H63 Project Name: Weld County LEPC County EPCRA filing outreach and education project Performance Period: Start Date: The Effective Date End Date: 9/30/2011 Brief Description of Project/ The Weld County LEPC will gather information about EPCRA Tier 11 reporting Assistance: facilities in the county, perform educational workshops and site-visits to increase awareness of hazardous materials reporting requirements, and increase the availability of the hazmat data to local responders. Program & Funding Information: Program Name Hazardous Materials Emergency Preparedness(HMEP) Catalog of Federal Domestic Assistance (CFDA)Number(if federal funds): 20.703 Funding Account Codes: 100/71 H/F l PH/371 H/5120 $3,360.00 Page 1 of 17 Form Revised:04/2010 HMEP: 11EM71H63 TABLE OF CONTENTS 1. PARTIES 2 2.EFFECTIVE DATE AND NOTICE OF NONLIABILITY 2 3. RECITALS 3 4.DEFINITIONS 3 5.TERM and EARLY TERMINATION. 4 6. STATEMENT OF PROJECT 4 7.PAYMENTS TO GRANTEE 4 8. REPORTING-NOTIFICATION 5 9.GRANTEE RECORDS 6 10.CONFIDENTIAL INFORMATION-STATE RECORDS 6 II.CONFLICTS OF INTEREST 7 12.REPRESENTATIONS AND WARRANTIES 7 13.INSURANCE 7 14.BREACH 9 15.REMEDIES 9 16.NOTICES and REPRESENTATIVES 11 17. RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE 11 18.GOVERNMENTAL IMMUNITY 11 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM 12 20. RESTRICTION ON PUBLIC BENEFITS 12 21.GENERAL PROVISIONS 12 22. COLORADO SPECIAL PROVISIONS 15 SIGNATURE PAGE 17 EXHIBIT A—APPLICABLE LAWS A-1 EXHIBIT B—STATEMENT OF PROJECT(SOP) B-1 EXHIBIT C—GRANT APPLICATION PACKAGE C-1 EXHIBIT D-Federal Funding Accountability and Transparency Act of 2006(FFATA)Provisions D-I FORM 1 —GRANT FUNDING CHANGE LETTER FI-1 1. PARTIES This Agreement(hereinafter called"Grant") is entered into by and between WELD COUNTY(hereinafter called "Grantee"), and the STATE OF COLORADO acting by and through the Department of Local Affairs for the benefit of the Division of Emergency Management(hereinafter called the "State" or"DOLA"). 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 (see checked option(s) below): A. ® The Effective Date. B. ❑ The later to occur of the Effective Date or the date of a separate letter issued by the Department ("Release of Funds Letter") notifying Grantee of the completion of a satisfactory environmental review and authorizing Grantee to obligate or use Grant Funds. C. ❑ The Effective Date; provided, however, that all Project costs, if specifically authorized by the funding authority, incurred on or after , may be submitted for reimbursement as if incurred after the Effective Date. D. ❑ insert date for authorized pre-agreement costs, as defined in §4 below and/or in Exhibit B, Statement of Project. Such costs may be submitted for reimbursement as if incurred after the Effective Date. E. ❑ The Effective Date; provided, however, that the costs identified in the checked subsections below may be submitted for reimbursement as if incurred after the Effective Date (see checked suboption(s) below): i. ❑ All Project costs, if specifically authorized by the funding authority, incurred on or after insert federal grant's effective date; and Page 2 of 17 HMEP: 11EM71H63 ii. ❑ Pre-award costs for insert purpose, if any, incurred on or after insert starting date allowed under the federal award for pre-award costs. F. ❑ All or some of the costs or expenses incurred by Grantee prior to the Effective Date which have been or win be paid with non-federal funds may be included as a part of Grantee's non-federal match requirement, set forth herein and in Exhibit B, Statement of Project, if such costs or expenses are properly documented as eligible expenses in accordance with insert reference to proper documentation. 3. RECITALS A. Authority,Appropriation, and Approval Authority to enter into this Grant exists in CRS §24-32-2105 and funds have been budgeted, appropriated and otherwise made available pursuant to Please cite Statutory or other legal reference 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 this grant agreement is described in 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. Evaluation "Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in §6 and Exhibit B. B. Exhibits and Other Attachments The following are attached hereto and incorporated by reference herein: i. Exhibit A (Applicable Laws) ii. Exhibit B (Statement of Project) iii. Exhibit C(Grant Application Package) iv. Exhibit D(FFATA Provisions) v. Form 1 (Grant Funding Change Letter) C. Goods "Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. D. Grant "Grant" means this agreement, its terms and conditions, attached exhibits, documents incorporated by reference, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. E. Grant Funds "Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant. F. Party or Parties "Party"means the State or Grantee and"Parties" means both the State and Grantee. G. Pre-contract costs "Pre-agreement costs", when applicable, means the costs incurred on or after the date as specified in §2 above, and the Effective Date of this Grant. Such costs shall have been detailed in Grantee's grant application and specifically authorized by the State and incorporated hereinto Exhibit B. H. Project Budget "Project Budget" means the budget for the Work described in Exhibit B. Page 3 of 17 HMEP: 11EM71H63 I. Program "Program"means the grant program, as specified on the first page,that provides the funding for this Grant. J. 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 K. Services "Services" means the required services to be performed by Grantee pursuant to this Grant. L. Sub-grantee "Sub-grantee" means third-parties, if any, engaged by Grantee to aid in performance of its obligations. M. 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. N. Work Product "Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM and EARLY TERMINATION. A. Initial Term Unless otherwise permitted in §2 above,the Parties respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on September 30,2011, 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 PROJECT A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit B. The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed by Grantee or Sub-grantees shall be considered Grantee's or Sub-grantees' employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $3,360.00, 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. Page 4 of 17 HMEP: 11EM71H63 B. Payment i. Advance,Interim and Final Payments Any advance payment allowed under this Grant or in Exhibit B shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii. Interest The State shall not pay interest on Grantee invoices. 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 fully appropriated, or otherwise become unavailable for this Grant, the State may terminate it in whole or to the extent of funding reduction, without further liability, after providing notice to Grantee in accordance with §16. 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 Exhibit B. D. Matching Funds Grantee shall provide matching funds as provided in Exhibit B. 8. REPORTING- NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and insuch form as prescribed by the State and in accordance with §19, if applicable. A. Performance,Progress,Personnel,and Funds Grantee shall submit a report to the State upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, 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 Local Affairs. 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 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. Page 5 of 17 HMEP: 11EM71H63 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 this Grant is completed, terminated or final payment is made hereunder, whichever is later, or (ii) for such further period as may be necessary to resolve any pending matters, or (iii) 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 for a period of three years following termination of this Grant or final payment hereunder, whichever is later, 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 Grantee shall provide a copy of its audit report to DOLA as specified in Exhibit B. 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 to 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. 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 Page 6 of 17 HMEP: 11EM71H63 shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure-Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee,the State or their respective agents. Grantee shall,to the extent permitted by law, indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Sub-grantees, or assignees pursuant to this §10. 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry,trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority—Grantee and Grantee's Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter into this Grant within 15 days of receiving such request. C. Licenses,Permits,Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 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. Page 7 of 17 HMEP: 11EM71H63 A. Grantee i.Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the"GIA"), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each grant with sub-grantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Sub- grantee's liabilities under the GIA. ii. Non-Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B)with respect to sub-grantees that are not "public entities". B. Grantees and Sub-Grantees Grantee shall require each Grant with Sub-grantees, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: i. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Grantee and Sub-grantee employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket Grantual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Sub-grantee shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with this provision. iii.Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of$1,000,000 each accident combined single limit. iv. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of Grantee and Sub-grantees shall be primary over any insurance or self-insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Grantee and 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 Page 8 of 17 HMEP: 11EM71H63 time during the term of this Grant or any sub-grant, Grantee and each Sub-grantee shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES If Grantee is in breach under any provision of this Grant, provided that a breach is not necessary under §15(B), 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. If the form of financial assistance is a loan, as specified in the table on page 1 of this Grant, and in the event of a termination of this Grant, such termination shall not extinguish Grantee's obligations under the Promissory Note and the Deed of Trust. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and sub-grants/contracts with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or sub- grants/contracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State's property. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and Page 9 of 17 HMEP: 11EM71H63 the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in§15(A)(i). iii.Payments If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, at its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and completed. iii.Deny Payment Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. Page 10 of 17 HMEP: 11EM71H63 iv. Removal Demand removal of any of Grantee's employees, agents, or Sub-grantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest. v. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services,or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Hans Kallam, Director Colorado Department of Local Affairs Division of Emergency Management 9195 E. Mineral Ave., Ste. 200 Centennial, CO 80112 Email: hans.kallamr)state.co.us B. Grantee: Roy Rudisill, Emergency Management Director Weld County Sheriffs Office of Emergency Management 1950 O Street Greeley, CO 80631 Email: rridoso;;@co.weld.co.us 17. RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE This section❑ shall I ® shall not apply to this Grant. Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State's exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Grantee's obligations hereunder without the prior written consent of the State. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, 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. Page 11 of 17 HMEP: 11EM71 H63 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Contract Management System. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Local Affairs, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause. 20. RESTRICTION ON PUBLIC BENEFITS This section ❑ shall ® shall not apply to this Grant. Grantee must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS §24-76.5-101 et seq. when such individual applies for public benefits provided under this Grant by requiring the following: A. Identification: The applicant shall produce one of the following personal identifications: i. A valid Colorado driver's license or a Colorado identification card, issued pursuant to article 2 of title 42, C.R.S.; or ii. A United States military card or a military dependent's identification card; or iii. A United States Coast Guard Merchant Mariner card; or iv. A Native American tribal document. B. Affidavit The applicant shall execute an affidavit herein attached as Form 2, Affidavit of Legal Residency,stating: i. That they are United States citizen or legal permanent resident; or ii. That they are otherwise lawfully present in the United States pursuant to federal law. 21. GENERAL PROVISIONS A. Assignment and Subgrants Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or sub-grantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. Page 12 of 17 HMEP: 11EM7lH63 B. Binding Effect Except as otherwise provided in §21(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 effect whatsoever, unless embodied herein. F. Indemnification-General Grantee shall, to the extent permitted by law, indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Sub-grantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. List of Selected Applicable Laws Grantee at all times during the performance of this Grant shall comply with all applicable Federal and State laws and their implementing regulations, currently in existence and as hereafter amended, including without limitation those set forth on Exhibit A, Applicable Laws, attached hereto, which laws and regulations are incorporated herein and made part hereof Grantee also shall require compliance with such laws and regulations by subgrantees under subgrants permitted by this Grant. I. Loan Forms If the form of financial assistance provided by the State is a loan, as specified in the table on page I above, Grantee shall execute a promissory note substantially equivalent to Form _ and record a deed of trust substantially equivalent to Form 4 with the county the property resides. J. Modification i. By the Parties Except as specifically provided in this Grant, modifications hereof shall not be effective unless agreed to in writing by the Parties in an amendment hereto, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATION OF CONTRACTS - TOOLS AND FORMS. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. iii. Grant Funding Change Letter The State may increase or decrease funds available under this Grant and modify selected other provisions of this agreement using a Grant Funding Change Letter substantially equivalent to Form 1. The provisions of the Grant Funding Change Letter shall become part of and be incorporated into the Page 13 of 17 HMEP: 11EM71H63 original agreement. The Grant Funding Change Letter is not valid until it has been approved by the State Controller or designee. K. Order of Precedence i. This Grant The provisions of this Grant shall govern the relationship of the State and Grantee. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: a) Colorado Special Provisions b) The provisions of the main body of this Grant c) Exhibit A d) Exhibit B ii. Loan Document This section shall apply if the form of financial assistance, as specified in the table on page 1 above, is a loan. In the event of conflicts or inconsistencies between this Grant and the Deed of Trust or the Promissory Note, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: a) Form 3, the Promissory Note b) This Grant L. 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. M. 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. N. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. O. 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. P. 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 14 of 17 HMEP: 11EM71H63 COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Grants except where noted in italics. A. 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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 contract or incorporated herein by reference shall be null and void. H. 8. 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. Page 15 of 17 11MEP: 11EM711163 I. 9. 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. 10. 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. 11. 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. 12. 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 Page 16 of 17 HMEP: 11EM71H63 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE WELD COUNTY STATE OF COLORADO John W.Hickenlooper,GOVERNOR DEPARTMENT OF LOCAL AFFAIRS By: Barbara Kirkmeyer Printed Name of Authorized Individual Title: Chair, Board of County Commissioners By. Official Title of A thorized Individual RReeves Brown,Ex cutive Director l UlittylVLs Date: fie o�D�( *Signature (' Date: MAR 2 12011 PRE-APPROVED FORM CONTRACT REVIEWER By:1 A 1 A W iam F.Archambault,Jr., Finance and Administration Ch. f Date: —7/3/7 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 D id J. McDermott,CPA 11( By: Barbara M.Casey, Controller Delegate Date: r/( ( Page 17 of 17 HMEP: I1EM71H63 EXHIBIT A-APPLICABLE LAWS Laws,regulations,and authoritative guidance incorporated into this Grant include,without limitation: I. Age Discrimination Act of 1975,42 U.S.C. Sections 6101,et seq. 2. Age Discrimination in Employment Act of 1967,29 U.S.C.621-634 3. Americans with Disabilities Act of 1990(ADA),42 U.S.C. 12101,et seq. 4. Equal Pay Act of 1963,29 U.S.C. 206(d) 5. Immigration Reform and Control Act of 1986,8 U.S.C. 1324b 6. Section 504 of the Rehabilitation Act of 1973,29 U.S.C.794 7. Title VI of the Civil Rights Act of 1964,42 U.S.C.2000d 8. Title VII of the Civil Rights Act of 1964,42 U.S.C.2000e 9. Title IX of the Education Amendment of 1972,20 U.S.C. 1681,et seq. 10. Section 24-34-301,et seq.,Colorado Revised Statutes 1997,as amended 11. The applicable of the following: 11.1.Cost Principals for State,Local and Indian Tribal Governments,2 C.F.R.225,(OMB Circular A-87); 11.2.Cost Principals for Education Institutions,2 C.F.R.220,(OMB Circular A-21); 11.3.Cost Principals for Non-Profit Organizations,2 C.F.R.230,(OMB Circular A-I22),and 11.4.Audits of States, Local Governments, and Non-Profit Organizations (OMB Circular A-133); and/or the Colorado Local Government Audit Law,29-1-601,et seq,C.R.S.,and State implementing rules and regulations. 11.5.Immigration Status-Cooperation with Federal Officials,CRS 29-29-101,et seq. 11.6.Davis-Bacon Act,40 U.S.C. SS 276a to 276a-7. 11.7.Copeland Act,40 U.S.C. S 276c and 18 U.S.C. SS 874. 11.8.Contract Work Hours and Safety Standards Act, 40 U.S.C. SS 327-333, regarding labor standards for federally assisted construction sub-awards. 11.9.Wild and Scenic Rivers Act of 1968, 16 U.S.C. SS 1271 et. seq., related to protecting components or potential components of the national wild and scenic rivers system. 11.10. National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470, Executive Order No. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974, 16 U.S.C.469a-1 et.seq. 11.11. Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act), 42 U.S.C. 5121 et seq., as amended. 11.12. National Flood Insurance Act of 1968,42 U.S.C.4001 et.seq. 11.13. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 104. 11.14. Department of Defense Authorization Act of 1986, Title 14, Part B, Section 1412, Public Law 99-145, 50 U.S.C. 1521. 11.15. USA PATRIOT Act of 2001,(Pub.L. 107-56). 11.16. Digital Television Transition and Public Safety Act of 2005,(Pub L. 109-171) 12. Federal Emergency Management Agency, Department of Homeland Security Regulations: All Applicable Portions of 44 CFR Chapter 1,with the following Parts specially noted and applicable to all grants of FEMA/DHS funds: 12.1.Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, 44 C.F.R. 13. 12.2.Governmentwide Debarment and Suspension (Nonprocurement) and Requirements for Drug-Free Workplace, 44 C.F.R. 17. 12.3.New Restrictions on Lobbying,44 C.F.R. 18. 13. Privacy Act of 1974, 5 U.S.C. S 5529 and Regulations adopted thereunder(44 C.F.R.6). 14. Prohibition against use of Federal Funds for Lobbying,31 U.S.C. 1352 IS. None of the funds made available through this agreement shall be used in contravention of the Federal buildings performance and reporting requirements of Executive Order No. 13123, part 3 of title V of the National Energy Conservation Policy Act, 42 U.S.C. 8251 et. Seq., or subtitle A of title I of the Energy Policy Act of 2005 (including the amendments made thereby). 16. None of the funds made available shall be used in contravention of section 303 of the Energy Policy Act of 1992, 42 U.S.C. 13212. 17. Buy American Act,41 U.S.C. 10a et seq. 18. Federal Grant Guidance Page A-I of I—Exhibit A—Applicable Laws HMEP: I IEM71H63 EXHIBIT B-STATEMENT OF PROJECT(SOP) 1. GENERAL DESCRIPTION OF THE PROJECT(S). 1.1. Project Description. As detailed in Exhibit C, the Weld County LEPC will gather information about EPCRA Tier II reporting facilities in the county, perform educational workshops and site-visits to increase awareness of hazardous materials reporting requirements and increase the availability of the hazmat data to local responders. 1.2. Project expenses. All expenses described in the approved grant application, Exhibit C, and categorized in the Budget Table §4.2 of this Exhibit B are eligible for reimbursement. The required 20%non-federal match need not be provided by the Grantee on a line-item by line-item basis, but must be 20%of the total overall expenditures, including any in-kind match. 1.3. Identification of Subgrantee. Weld County Local Emergency Planning Committee 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 §5 of this Exhibit B. 2.2. List additional grant deliverables. None. 3. PERSONNEL: 3.1. Replacement. Grantee shall immediately notify the Department if any key personnel specified in §3 of this Exhibit B cease to serve. Provided there is a good-faith reason for the change, if Grantee wishes to replace its key personnel, it shall notify the Department and seek its approval, which shall be at the Department's sole discretion, as the Department issued this Grant in part reliance on Grantee's representations regarding Key Personnel. Such notice shall specify why the change is necessary, who the proposed replacement is, what his/her qualifications are, and when the change will take effect. Anytime key personnel cease to serve, the Department, in its sole discretion, may direct Grantee to suspend work on the Project until such time as replacements are approved. All notices sent under this subsection shall be sent in accordance with§16 of the Grant. 3.2. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of Mr. Roy Rudisill, Emergency Management Director, an employee or agent of Grantee, who is hereby designated as the responsible administrator of this project. 3.3. Other Key Personnel. None 4. FUNDING The State or Federal provided funds shall be limited to the amount(s) specified in §7 of the Grant and in the Federal and/or State funds and percentage(s) section of§4.2 of this Exhibit B, Project Budget. 4.1. Matching Funds. 4.1.1.Requirement. The following checked option shall apply 4.1.1.1. 0 Matching Funds are not required under this Grant. 4.1.1.2. ® Grantee's required non-federal or state match contribution is detailed in §4.2 below. The match may: 4.1.1.2.1. ® include in-kind match; 4.1.1.2.2. ❑ not include in-kind match;or 4.1.1.2.3. 0 include no more than %in-kind match. 4.1.2.General. Grantee's required matching contribution, if any, need not be provided on a line-item by line-item basis, but must be at least the percentage of the total project expenditures specified in the Project Budget table. 4.1.3.Documentation. Documentation of expenditures for the non-federal match contribution is required in the same manner as the documentation for the grant funded expenditures. Page B-I of 4—Exhibit B—Statement of Project HMEP: 11EM71H63 4.2. Project Budget Project Activity/Line Item Federal Share up to 80%: $3,360.00 Matching Non-Federal Share 20 %: $840.00 Total for Category/Line Item Grant Funds and Grantee Matching Contribution Travel 800.00 Supplies 1,200.00 Contractual 2,200.00 Total Budget $4,200.00 4.3. Project Budget Line Item Adjustments. Grantee may (see checked option below): 4.3.1. n not adjust individual budget line amounts without approval of the State. Such approval shall be in the form of: 4.3.1.1. a notice issued by the State in accordance with §16 of the Grant; or 4.3.1.2. an amendment in accordance with the Modification subsection of the General Provisions of the Grant. 4.3.2. ® adjust individual budget line amounts without the State's approval if: 4.3.2.1. there are no transfers to or between administration budget lines; and 4.3.2.2. cumulative budgetary line item changes do not exceed the lesser of ten percent of the total budgeted amount or$20,000 4.4. Non-Supplanting of Grantee Funds. Grantee will ensure that the funds provided by this Grant are used to supplement and not supplant their funds budgeted for the purposes herein. 5. PAYMENT: Payments shall be made in accordance with this section, the provisions of this Exhibit, and the provisions set forth in §7 of the Grant. 5.1. Payment Schedule. Grantee shall submit requests for reimbursement at least quarterly using the Department provided form or by letter with documentation attached if no form is required. One original signed reimbursement request 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 §1 above. Requests will be accompanied by supporting documentation totaling at least the amount requested for reimbursement and any required non-federal match contribution. Documentation requirements are described in §6.6 below. If any financial or progress reports are delinquent at the time of a payment request, the Department may withhold such reimbursement until the required reports have been submitted. 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 remitted to the following address unless changed in accordance with §16 of the Grant: Page B-2 of 4—Exhibit B—Statement of Project HMEP: 11EM71H63 Weld County 1950 O Street Greeley, CO 80631 6. ADMINISTRATIVE REQUIREMENTS: 6.1. Accounting. Grantee shall maintain properly segregated accounts of Grant funds, matching funds, and other funds associated with the Project and make those records available to the State upon request. 6.2. Audit Report. If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this Grant or any other grants/contracts with DOLA, Grantee shall submit an electronic copy of the final audit report, including a report in accordance with the Single Audit Act,to dola.audit(nistate.co.us ,or send the report to: Department of Local Affairs Accounting& Financial Services 1313 Sherman Street, Room 323 Denver, CO 80203 6.3. Monitoring.The State shall monitor this Grant in accordance with§§9(B) and 9(C)of the Grant. 6.4. Records. Grantee shall maintain records in accordance with§9 of the Grant. 6.5. Reporting. 6.5.1. 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(A) of the Grant Agreement. Grantee shall submit quarterly financial status and programmatic progress reports for each project identified in this agreement using the Standard Federal Financial Status Report (SF 425) and the Standard Federal Progress and Performance Narrative Report (SF-PPR), or other forms provided by the Department. One of each with original signatures shall be submitted in accordance with the schedule below: Report Period Due Date January—March April 20 April—June July 20 July—September October 20 October—December January 20 6.5.2. Final Reports. Grantee shall submit a final financial status and progress report that provides final financial reconciliation and a final cumulative grant/project accomplishments report within 45 days of the end of the project/grant period. No obligations of funds can remain on the final report. 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. No further reports will be due after the Department has received, and sent notice of acceptance of the final grant report. 6.6. Required Documentation. Sufficient detail shall be provided with reimbursement requests to demonstrate that expenses are allowable and appropriate as detailed in the subsections below herein. Grantees must 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. 6.6.1. Equipment or tangible goods. Requests for reimbursement for tangible personal property with a purchase price of less than $5,000 per item should include the invoice number, description of item purchased (e.g. NOAA weather radios), and the location and number of items, or copies of the paid invoices may be submitted. For equipment items with a purchase price of or exceeding $5,000, and a useful life of more than one year, the Grantee must provide a copy of the paid invoice and include a unique identifying number. This number can be the manufacturer's serial number or, if the Grantee has its own existing inventory numbering system, that number may be Page 13-3 of 4—Exhibit B—Statement of Project HMEP: 11EM71H63 used. The location of the equipment must also be provided. In addition to ongoing tracking requirements, Grantee shall ensure that tangible goods with per item cost of$500 or more and equipment with per unit cost of$5,000 or more are prominently marked as follows: "Purchased with funds provided by the FEMA" 6.6.2. Services. Grantees shall include contract/purchase order number(s) or employee names, the date(s) the services were provided, the nature of the services, and the hourly contract or salary rates, or monthly salary and any fringe benefits rates. 6.7. Procurement. Grantee shall ensure its procurement policies meet or exceed local, state, and federal requirements. Grantee should refer to local, state, and federal guidance prior to making decisions regarding competitive bids, sole source or other procurement issues. In addition: 6.7.1. Sole Source. Any sole source transaction in excess of$100,000 must be approved in advance by the Department. 6.7.2. Conduct. 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 must 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 must 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 must be submitted in writing to, and be approved by the authorized Grantee official. 6.7.3. Debarment. 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. 6.7.4. Funding Disclosure. 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: (a) state the percentage of the total cost of the program or project which will be financed with grant money; (b) state the grant program name and dollar amount of state or federal funds for the project or program; and (c) use the phrase "This project was supported by the Colorado Department of Local Affairs, Division of Emergency Management." 6.7.5. Approved Purchases. Grantee shall verify that all purchases are listed in §1.1 above. 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 https://www.rkb.us 6.7.6. Assignment of Rights/Duties/Equipment. 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 Department. 6.8. Additional Administrative Requirements. None. Page B-4 of 4—Exhibit B—Statement of Project EXHIBIT C - GRANT APPLICATION PACKAGE Insert Approved Grant Application behind this page and in front of any Form attachments. C-I-Application Cover Page /YYy✓,,5 HMEP GRANT APPLICATION COLORADO EMERGENCY PLANNING COMMISSION 2010 GRANT CYCLE Weld County LEPC /Weld County Sheriffs Office/ OEM LEPC/AGENCY (Title) CONTACT: Roy Rudisill ADDRESS: 1950 O Street TELEPHONE: 970-304-6540 DATE OF SUBMISSION: _1/5/10 MAIL TO: COLORADO DIVISION OF EMERGENCY MANAGEMENT 9195 EAST MINERAL AVENUE, SUITE 200 CENTENNIAL, COLORADO 80112-3549 ATTENTION: Jack D. Cobb HMEP - PLANNING GRANT REVIEW BOARD ATTACHMENT #1 -1- NOTE: NON-SUBMISSION OF AN ITEM MAY DELAY APPLICATION 1. Name, address, day phone, agency and position of project manager responsible for the management of the grant project and related records. Roy Rudisill 1950 O Street Greeley Co, 80631 970-304-6540 Weld County Sheriff's Office /OEM Director Office of Emergency Management 2. Description of applicant's project. (Details please). Current Issues: • Weld County currently has_ facilities filing Risk Management Plans (RMPs) under the Clean Air Act of 1990 (CAA). Numbers of reporting facilities differ depending upon the source of information. It is probable that more facilities should be reporting. Need verification that all RMP facilities reporting to EPA are also known entities to the LEPC and fire districts. • The RMPs that are submitted need to be evaluated to determine if they are useful and accurate. Is there additional information needed for the response community to adequately plan/prepare/train/exercise for a potential response? • Are the fire districts aware of all of the EPCRA Tier II and CAA RMP facilities in their district? Are the facilities and response community communicating? What does that communication look like? • Finally, Weld County is interested in applying complete and accurate Tier II and RMP data to the current GIS framework in the county. Vision of Success: • All EPCRA facilities and RMP facilities that should be reporting, are reporting, and the information is getting to the local LEPC and associated response districts. The reported information is received in the appropriate response districts and utilized for planning, training and exercising response capabilities for identified hazards. • Response districts are fully educated to the information available to them in the Tier II and RMP reports (and the information available to them upon request) and utilize that information to plan and prepare specifically for the present hazards and the associated transportation hazards. • Entities that have significant quantities of chemicals, and are compliant with EPCRA and CAA reporting requirements, understand the benefit of sharing -2- chemical inventory, transportation data and risk information with the response community. • Reporting facilities (Tier II and RMP) information are available to planning and response personnel in the county's GIS system. The information is utilized for planning, training, exercising and response needs. Activities Proposed to Address Issues RMP Verification Activity: Obtain complete list of RMP facilities for Weld County. Cross reference with EPCRA Tier II information and known chemical facilities in response districts in the county. Identify gaps and pursue compliance with RMP reporting. Outcome: Increased number of facilities reporting under CAA RMP requirements. Increased reliability of data. Tier II and RMP Education — Response Community Activity: Education (workshops, Q & A sessions) of response community to utilize Tier II and RMP information in planning activities. Outcome: Increased number of response districts that receive and utilize Tier II and RMP data in planning, training and transportation analysis activities. RMP Education — Regulated Community Activity: Education (educational materials, site visits, Q &A sessions) to encourage EPCRA Tier II and RMP facilities to communicate and work with the local response community in planning and preparedness activities. Outcome: Increased number of EPCRA Tier II and RMP facilities that share information and actively work with the response community. Planning/Response Access to Information via GIS Activity: Current Weld County GIS System is supplemented with accurate Tier II and RMP facility data. Education of response entities to utilize new system. Outcome: Increased knowledge of response community about how to access Tier ll and RMP information in Weld County. Summary of activities proposed: EPCRA/RMP Facility outreach and verification of information, EPCRA/RMP compliance enhancement, enhanced incorporation of Tier II and RMP facility information in emergency plan preparation, enhanced access of Tier II and RMP information via the county GIS system. 3. The specific hazardous materials activities to be addressed by the project. (Details please). Include details of how this grant will support the Regional TCL for WMD and Hazardous Materials Response and Decontamination. -3- Improve reporting and planning compliance with Tier II and RMP; increase understanding of risk from EPCRA and RMP facilities in response sector of the community; increase awareness of local emergency planning role and access to EPCRA and RMP information; increase communication between EPCRA and/or RMP-regulated community and the response sector. 4. Outline of work plan with personnel, time schedule, and deliverables (attach extra pages as needed for this item). Weld County has a potential for a student intern from Colorado State University (CSU) who could work with the county and fire districts on these projects. Project duration would be from January 2011 through September 30, 2011. Deliverables would include: • Complete list of RMP facility information from the RMP Reporting Center—verified for accuracy and updated as necessary with local information; • Complete list of EPCRA Tier II reporting facilities from State - verified for accuracy and updated as necessary with local information; • Workshop materials for facility outreach on EPCRA and RMP reporting and importance of working with local response entities; • Workshop materials for response districts on access and utilization of Tier II and RMP data; • Incorporated Tier II and RMP layers in the county GIS system; 5. Funding Requested: Federal $3,360.00 * LEPC/other $ 840.00 Total Project: $4,200 * Note: Indicate in-kind or hard match or both by circling appropriate item/items below: 6. Budget information by object class: 1.1 Personnel Federal $ LEPC $ _ 1.2 Fringe Benefits Federal $ LEPC $_ 1.3 Travel Federal $ LEPC 800.00 1.4 Equipment Federal $ LEPC $ (Not to exceed 10%). -4- 1.5 Supplies Federal $ 1200.00 LEPC $ 1.6 Contractual Federal $ 2200.00 LEPC $ 1.7 Other(Specify) Federal $ LEPC $ 1.8 TOTALS Federal $ 3400.00 LEPC $ 800.00 7. Description of process for documenting 20% soft/in-kind match, if in-kind match is to be used. If both in-kind and hard match are to be used, what is the amount of the hard cash match? In kind match will be tracked by use of expense claim forms from Weld County. 8. Statement that LEPC is complying with Sections 301 and 303 of SARA Title III(EPCRA). Weld County LEPC is Compliant with Section 301 and 303 of SARA Title III. The Weld County LEPC meets quarterly and reviews information that is provided to the LEPC via Tier II reports. The LEPC is also the organization that coordinated exercises and recommends changes or updates to the Weld County Emergency Operations Plan. 9. Name, address, phone number and signature of LEPC Chairperson authorizing grant application, or appropriate agency director. Name: Roy Rudisill Address: 1950 O Street Greeley, Co Telephone No. 970-304-6540 Fax: 970-304-6543 E-Mail rrudisill@co.weld.co.us 10. Copy of LEPC Membership List or approval of LEPC for non-LEPC Agency 11. Attach: List of LEPC activities for calendar year 2005. -5- 12. Has your LEPC/agency received an HMEP grant in the past? If so, what amount Yes,_2005,2005,2007,2010and for what All funding has been to support exercises in the County. 2010 was for a Hazmat Awareness Training, Supported by Union Colony Fire/Greeley OEM 13. Estimate of local dollars spent by the county/local jurisdiction or agency last year on hazardous materials related activities$ EIN: 846000-813 15. Agency designated by Chief Executive Officer to receive and manage grant funds and EN (Employee Identification Number): Agency: Weld County Sheriffs Office/ OEM 16. Additional comments/justification: (as needed) Authorized Signature/Title Note:Grant funds are expected to be used and not turned back at end of performance period G:/IWord//HMTUSAAPIngGrtAPP045 -6- Exhibit D 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.qov/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. Page I of4 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; 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$10,000. 1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 Page 2 of 4 (Public Law 109-282), as amended by§6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA. 1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions,without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. 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 frequently if required by changes in its information. 3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor's information. 4. Total Compensation. Contractor shall include Total Compensation in 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. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or§6104 of the Internal Revenue Code of 1986. 5. Reporting. Contractor shall report data elements to 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.qov/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$25,000 or more, the Award is Page 3 of 4 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: 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. Page 4 of 4 Form 1 GRANT FUNDING CHANGE LETTER, Number To the AGREEMENT Between the STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS And Insert Grantee's Full Legal Name (Capitalized) Summary This Amendment Amount Form of Financial Assistance: ❑ Grant ❑ Loan Total Award Amount: Agreement Identification: Contract Encumbrance #: (DOLA's primary identification #for this agreement) Contract Management System#: (State of Colorado's primary identification #for this Grant Original Agreement's CMS #: Funding Change Letter and#for the original agreement) Project Information: Project/Award Number: Project Name: Performance Period: Start Date: End Date: Brief Description of Change(s)in this Grant Funding Change Letter: Program & Funding Information: Program Name Catalog of Federal Domestic Assistance(CFDA)Number(if federal funds): Funding Account Codes: Page FI-I of 3—Grant Funding Change Letter Date: In accordance with §21(J)(iii) of the Original Agreement(hereinafter called"Grant"), as identified on page 1 of this Grant Funding Change Letter, between the State of Colorado, Department of Local Affairs, and_, the undersigned commits the following change(s) to the Grant: 1. Maximum Funding. The amount of funds available and specified in§7(A)of the Grant is ❑ increased ❑ decreased by to a new total funds available of_for the following reason: . 2. Project Budget. The Project Budget table specified in Exhibit B, §4.2 of the Grant is changed to: 3. Payment Schedule. The Payment Schedule table specified in Exhibit B, §5.1 of the Grant is changed to: 4. Code of Federal Domestic Assistance ("CFDA"). The CFDA number(s) for the Grant is changed to: If more than one CFDA #, list each and the funded amount. Otherwise specify the new CFDA #only. 5. Representative. The representative for the State specified in §16 of the Grant is changed to: insert Name and title of Persons for Department, address, city, state,zip code,and email. 6. Responsible Administrator. The Responsible Administrator specified in Exhibit B, §3.2 of the Grant is changed to insert name of new Responsible Administrator. 7. Other Key Personnel. The Other Key Personnel specified in Exhibit B, §3.3 of the Grant is changed to insert name of new Other Key Personnel. 8. Initial Term Extension. The Termination Date specified in §5(A) of the Grant is extended to 9. Two Month Extension. The Termination Date specified in §5(A)of the Grant is extended to new end date which can be up to two months from current termination date in accordance with §5(B) of the Grant. The extension shall immediately terminate when and if a replacement Grant is approved and signed by the Colorado State Controller. 10. Termination for Cause and/or Breach. The Grant is terminated for cause and/or default, effective insert termination date. in accordance with §15(A) of the Grant. Describe cause and/or default resulting in the termination,and if partial termination, describe the aspects being terminated. 11. Early Termination in the Public Interest. The Grant is terminated in the public interest, effective insert termination date, in accordance with§15(B)of the Grant. Specify reason(s) if any for the termination. The above Section(s)are hereby modified accordingly. The effective date of hereof is upon approval of the State Controller. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page F1-2 of 3—Grant Funding Change Letter SIGNATURE STATE OF COLORADO John W.Hickenlooper,GOVERNOR DEPARTMENT OF LOCAL AFFAIRS PRE-APPROVED FORM CONTRACT REVIEWER By: Sample Only By: Sample Only Reeves Brown William F.Archambault,Jr. Executive Director Finance and Administration Chief Date: 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 David J.McDermott,CPA By: Sample Only Barbara M.Casey, Controller Delegate Date: Page F I-3 of 3—Grant Funding Change Letter From: Bill Arch [mailto:Bill.Arch@state.co.us] Sent: Friday, February 18, 2011 5:45 PM To: Roy Rudisill; Jack Cobb; Kim Garcia Subject: HMEP 2011 award Roy: Your 2011 HMEP award is attached for execution. Please review the attached documents and if they seem accurate, please print 3 Originals and have your jurisdiction's chief elected official or their delegated authorized party sign all three (the signature page is Page 17 of the document - there is a sample form at the end of the package that is not the signature page for the contract). If your chief elected official has delegated signature authority to someone else in your jurisdiction, and the alternate authorized individual signs, please include a copy of the delegation with the contract. Please send all three signed originals to: Bill Archambault Department of Local Affairs Division of Emergency Management 9195 E. Mineral Ave., Ste 200 Centennial, CO 80112 Also, new this federal fiscal year, we have to collect data from all Subrantees to meet the FFATA requirements. Please complete the attached FFATA data form and return it with the contracts, or it (unlike the contract) can be submitted via scan/email or fax. Along with the FFATA requirements, there is a new Exhibit D that spells out the FFATA provisions that are now part of all state grants for federal funds. We will return one original contract to you as soon as we get them executed at our end, which we'll do promptly upon their return from you. If you have any questions about the contract, please contact me at the number(s) in my signature block below or by email. Thank you, Bill Bill Archambault Finance and Administration Chief Colorado Department of Local Affairs Division of Emergency Management 9195 E. Mineral Ave., Ste. 200 Centennial, CO 80112 Phone: 720.852.6601 Cell: 303.947.9294 Fax: 720.852.6752 E-mail: bill.arch@state.co.us htto://dola.colorado.gov or htto://www.coemergency.com 3 Hello