HomeMy WebLinkAbout20092779.tiffRESOLUTION
RE: APPROVE GRANT AGREEMENT AMENDMENT #1 FOR 2007 SUPPLEMENTAL
EMERGENCY MANAGEMENT PERFORMANCE PROGRAM GRANT AND AUTHORIZE
CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Grant Agreement Amendment #1 for the
2007 Supplemental Emergency Management Performance Program Grant between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Office of Emergency Management, and the Colorado Department of Local Affairs,
Division of Emergency Management, commencing upon full execution, with further terms and
conditions being as stated in said amendment and
WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Grant Agreement Amendment #1 for the 2007 Supplemental Emergency
Management Performance Program Grant between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Office of Emergency
Management, 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 amendment.
2009-2779
EM0014
C, : oeC (xi c /a`. 04)9
GRANT AGREEMENT AMENDMENT #1 FOR 2007 SUPPLEMENTAL EMERGENCY
MANAGEMENT PERFORMANCE PROGRAM GRANT
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of October, A.D., 2009.
ATTEST:
Weld County Clerk to th
BY:
Deputy Cler
P.
Date of signature:
of e Boar
ounty Attorney
William F
Garcia. Chair
Douglas ademac er, Pro-Tem
S = Conway // //
As
Barbara Kirkmeyer
EXCUSED
David E. Long
2009-2779
EM0014
8EM7S63
GRANT AGREEMENT AMENDMENT
Amendment #1
Original Grant
CMS
or
Amendment CMS #
CLIN # FY0900078
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1) PARTIES
This Amendment to the above -referenced Original Grant Agreement (hereinafter called the "Grant") is
entered into by and between WELD COUNTY(hereinafter called "Grantee"), and the STATE OF
COLORADO (hereinafter called the "State")acting by and through the DEPARTMENT OF LOCAL AFFAIRS
"DOLA", DIVISION OF EMERGENCY MANAGEMENT, (hereinafter called "CDEM").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State
Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or
reimburse Grantee for any performance hereunder including, but not limited to, costs or expenses incurred,
or be bound by any provision hereof prior to the Effective Date.
3) FACTUAL RECITALS
a) The Parties entered into the Grant to support the Grantee's enhancements of the Weld County -Greeley
joint EOC.
b) This amendment deobligates the balance of $2,909.95 remaining on the award due to cost savings
realized on the purchases made.
c) If the federal grant to CDEM is extended, a new award to allow for the use of the saved funds on
additional EOC improvements as requested by the Grantee will be executed.
4) CONSIDERATION -COLORADO SPECIAL PROVISIONS
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Amendment. The Parties agree to
replacing the Colorado Special Provisions with the most recent version (if such have been updated since
the Grant and any modification thereto were effective) as part consideration for this Amendment.
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Grant, and the Grant and all prior amendments
thereto, if any, remain in full force and effect except as specifically modified herein.
6) MODIFICATIONS.
The Amendment and all prior amendments thereto, if any, are modified as follows:
In order to effect the deobligation, Paragraph 9, Section A of the original contract is replaced in its entirety to
read:
"9. PAYMENTS TO GRANTEE
Grantee shall be paid in the following amounts and manners, subject to the return of any unexpended Grant
Funds:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the Department shall be $9,206.05 as
determined by the Department from available funds. The Department shall reimburse Grantee for costs
approved in the Grant budget, set forth in the Statement of Work, for Services performed, reviewed, and
accepted or Goods delivered, inspected and accepted, pursuant to the provisions of this Grant, including
without limitation, performance, quality, milestones and completion requirements for payment set forth in the
Statement of Work, and the Department's inspection and acceptance rights in the Inspection and
Verification subsection of §14, below herein. Satisfactory performance under the terms of this Grant shall be
a condition precedent to the Department's obligation to reimburse Grantee. The maximum amount of Grant
Funds payable as reimbursement under this Grant, and any extension hereof, shall include all Grantee's
fees, costs and expenses."
Page 1 of 2 Pages
6?c79- Z2 7 7'
7) START DATE This Amendment shall take effect on its effective date.
8) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction
between the provisions of this Amendment and any of the provisions of the Grant, the provisions of this
Amendment shall in all respects supersede, govern, and control. The most recent version of the Special
Provisions incorporated into the Grant or any amendment shall always control other provisions in the Grant
or any amendments.
9) AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, or otherwise made available.
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
" 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.
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
Dav,id J. Mc0ermott,,t;iA
Page 2 of 2 Pages
acc9- a77
Elizabeth Strong
From: Roy Rudisill
Sent: Tuesday, October 13, 2009 4:40 PM
To: Elizabeth Strong
Cc: Margie Martinez
Subject: FW: EMPG Supplemental Deob
Attachments: Weld Cty Amend1deob.pdf
Elizabeth, here is the email that I talked to you about. This amendment is to deobligate the
remaining funds in the grant back to the State. The Grant was approved at the BOCC meeting on
June 30 2008 the tracking or resolution number is 2008-1826. The amendment states that the
remaining $2909.95 will be deobligated from the grant and if the States grant extension is
approved then the state will submit a contract to Weld for the remaining funds.
Please let me know if you need any additional information.
Roy
Director Roy Rudisill
Weld County Sheriff's Office
Office of Emergency Management
970-304-6540 W
970-381-0417 C
www.weldsheriff.com
Original Message
From: Bill Arch [mailto:Bill.Arch@state.co.us]
Sent: Tuesday, October 13, 2009 12:01 PM
To: Roy Rudisill; Chi Robertson; Kim Garcia
Cc: Bob Wold
Subject: EMPG Supplemental Deob
Roy: The attached amendment to the EMPG supplemental award deobligates the balance realized
due to the cost savings. We are still awaiting approval of our federal extension request, so
will have to issue a new award to allow for the savings to be spent on the other equipment as
you've requested. We can't revive an award that has expired, so will have to issue a new $3k
award if/when our fed grant extension is approved.
Please review the attached, and if ok, print 3 and have the signer of the original award sign
3 originals and return all 3 to me. We will return one fully executed original for your
files.
Thank you,
Bill
Bill Archambault
Finance and Administration Chief
Colorado Department of Local Affairs
Division of Emergency Management
9195 E. Mineral Ave., Ste. 200
1
2009-2779
Centennial, CO 80112
Phone: 720.852.6601
Cell: 303.947.9294
Fax: 720.852.6752
E-mail: bill.arch@state.co.us
www.DOLA.Colorado.Gov
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