HomeMy WebLinkAbout20031867.tiff RESOLUTION
RE: APPROVE MASTER CONTRACT FOR EMERGENCY MANAGEMENT FUNDING AND
AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF LOCAL AFFAIRS,
DIVISION OF LOCAL GOVERNMENT (OEM)
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 Master Contract for Emergency
Management Funding 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 Local Government(OEM),
commencing upon full execution of said contract,and shall continue for a period of five years,with
further terms and conditions being as stated in said contract, and
WHEREAS,after review,the Board deems it advisable to approve said contract,a copy of
which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Master Contract for Emergency Management Funding 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 Local Government (OEM), be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of July, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE OUNTY, C(OLO DO
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ATTEST: � DO��'v"���� oa_Q l
edit
David . Long, Chair
Weld County Clerk to the Board
EXCUSED
Robert D. sden, Pro-Tem
to the Board — pig.)
d!m�r
William H. Jerke
ount Attor ey EXCUSED
Glenn Vaad
Date of signature: -/S—C3
2003-1867
EM0012
00 ', 0E
Department or Agency Number: RAA
CLIN:
FEIN: g %- 60008/3
CFDA#: To be indicated in each
SOGA as applicable
MASTER CONTRACT
This Master contract, made this 1st day of July, 2003, by and between the State of
Colorado for the use and benefit of the Department of Public Safety, Office of
Preparedness, Security, and Fire Safety (OPSFS), 15055 S. Golden Rd., Golden, CO
80401-3971, hereinafter referred to as the State or Department, and Weld County
hereinafter referred to as the Contractor,
RECITALS
1. Authority exists in the law and funds have been budgeted, appropriated, and
otherwise made available, and a sufficient unencumbered balance thereof remains
available for payment in Fund Number , Contract Encumbrance Number: As
detailed in Statement of Grant Award(s).
2. Required approval, clearance, and coordination has been accomplished from and
with appropriate agencies.
3. The State annually and/or periodically receives funding from the following
federal agencies: the Federal Emergency Management Agency (FEMA) - under the
Department of Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2000, Public Law 106-74; Robert T. Stafford Disaster
Relief and Emergency Assistance Act, as amended, Public Law 93-288, as amended; 42
U.S.C. 5121 et seq.; 42 U.S.C. 5195 et seq.; Omnibus Consolidated Appropriations Act
of 1997, Public Law 104-208; and Department of Defense Authorization Act of 1986,
Public Law 99-145 as amended; U. S. Department of Transportation (DOT) - under the
Hazardous Materials Uniform Transportation Safety Act 1990, Public Law 101-615, 49
U.S.C. 5101 et seq., and the U.S. Department of Justice (DOJ) - U.S. Department of
Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act of
1999, Public Law 105-119, and similar funding which will be distributed through the
Homeland Security Act of 2002, Public Law No. 107-296, for the purpose of supporting
emergency management and preparedness activities to include administration, homeland
security, anti-terrorism, emergency planning, training, exercising, hazard mitigation, and
procurement of facilities and equipment.
4. Local units of government (counties, cities and towns), Councils of Government
(COG), and Local Emergency Planning Committees (LEPC) have been determined to be
authorized eligible Sub-Grantees under the above identified Public Laws and statutes, as
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Dv3 —/8‘;
well as under any present legislation that identifies all or some of the entity types
specified above as eligible Sub-Grantees, and CFR 40 Part 33, CFR 44 Parts 13 and 302,
CFR 49 Part 110, and CFR 28 Part 66.
5. The State annually or periodically distributes federal funds received to existing
contractors, determined to be eligible by the State using State and/or federal eligibility
criteria and which are in good standing, using State developed application process, and
allocation procedure. The Contractor has been included as a potential funding recipient
by the State for emergency management and preparedness funding, to enter into this
agreement and to undertake the services desired by the State and federal government. As
part of the application evaluation process, the State may or may not have modified the
Contractor's application and/or funding request to conform to program requirements
and/or fund's availability.
6. State fiscal rules require a State agency to enter into a contractual agreement in
order to pass funds to either a local governmental entity or a quasi-governmental entity
such as a COG or LEPC.
7. This Master contract is in keeping with applicable State law CRS 24-50-
504(2)(a)(c)(e), personal services contracts not implicating State personnel system, and
CRS 24-33.5-1604(1), duties and powers of the Office of Preparedness, Security, and
Fire Safety(OPSFS)and the rules and regulations of the State.
8. The Contractor is capable and desires to perform the services.
NOW THEREFORE, subject to the terms, conditions, provisions and limitations
contained in this Master contract, the State and the Contractor agree as follows:
1. Scone of Work - The Contractor agrees to carry out the scope of work
described in each of its application packages [as possibly modified by the State]
for emergency management and preparedness activities, as approved by the State
in its Statement of Grant Award (SOGA) (Exhibit A), and to do so in
conformance with this Master contract and applicable federal and State laws,
rules, and regulations pertaining to each specific grant. At its sole discretion, the
State reserves the right to modify Grant Applications and reduce requested award
amounts at the time of the initial award. The State does not guarantee the
Contractor will receive an award or any minimum award amount. Upon issuance
of an award from an individual application [as possibly modified by the State],the
SOGA and grant application will become a part of this Master contract.
Contractor agrees to accept any awards resulting from modified applications or
modified funding requests. Multiple awards may be issued under this Master
contract.
2. Performance Period - This Master contract shall become effective upon
the date of its proper execution by the State Controller or designee and shall
continue for a period up to five (5) years, as long as the State continues to
designate the Contractor as an eligible recipient of funds. All SOGAs (Exhibit A)
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and modified SOGAs (Exhibit B) that may be issued hereunder will identify the
performance period associated with the particular grant(s) involved.
3. Legal Authority - The Contractor assures and warrants that it possesses
the legal authority to enter into this Master contract. The person signing and
executing this Master contract on behalf of the Contractor does hereby warrant
and guarantee that he/she has full authorization to execute this Master contract.
4. Compensation/Maximum Payable — All SOGAs (Exhibit A), issued by
the State under this Master contract will authorize the Contractor to expend funds
and initiate requests for reimbursement up to the amount of the grant award and in
accordance with program policies. After the original issuance of a SOGA, the
parties may amend the funding available on an award by utilizing a modified
Statement of Grant Award (Modified SOGA) (Exhibit B). No SOGA(Exhibit A),
or Modified SOGA (Exhibit B) shall be deemed valid until it shall have been
approved by the State Controller or his designee.
5. Billing/Payment Procedure - Upon receipt of the supporting receipts,
reports and summary documentation, the State will reimburse the Contractor for
eligible costs incurred under the grant. Payment and interest is subject to State
Fiscal Rule 2-5 and section 24-30-202(24) C.R.S. (1999). A State warrant or
Electronic Funds Transfer (EFT) will be issued for reimbursement of eligible
expenses. In those cases where a Contractor may have a cash flow problem
verified by the State, the State may reimburse the Contractor based upon unpaid
vendor invoices. In these cases, which are an exception to normal practice, the
Contractor shall be responsible for payment to the vendor and providing paid
vendor invoices to the State for its records.
6. Advance of Funds - Some federal grants such as those for Homeland
Security, Emergency Preparedness, Operational Planning, Anti-Terrorism, and
Weapons of Mass Destruction (WMD) equipment purchases programs provide
for an advance of funds. In such cases where the federal grant program allows
for advances, it will be the State's (OPSFS) decision as to whether a specific
Sub-Grantee's situation warrants the use of an advance. In cases where an
advance of funds is authorized by the State, the Sub-Grantee will be responsible
for maintaining expenditure records, and reconciling such expenditures with the
advance of funds, based on a reporting schedule determined by the State. If the
State authorizes advance payments of grant funds, such advances will be made in
accordance with the then current State program policies and in compliance with
standard grant cash management practices as defined in 44 CFR Ch.l, Part 13.20,
which require that expenses be incurred as close to the draw-down date of the
funds as is practicable.
7. Current Award Period - An award shall be effective from the first date
shown in the performance period on the SOGA (Exhibit A). For grants of an
annual recurring nature the performance period routinely runs from October 1 of
one year through September 30 of the next year. In cases of disaster declarations,
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the disaster declaration process is such that the actual funds for these programs
normally do not become available to the State until after the starting date of the
performance period. This results in SOGAs (Exhibit A),being issued by the State
for a performance period which may have started several months previously. In
this situation, the Sub-Grantee may have incurred expenses during this period that
are eligible for reimbursement under the terms and conditions of the grant
program.
8. Reversion of Excess Funds to the State
a. Any funds paid to the Contractor and not expended in connection with an
SOGA shall be remitted to the State upon completion of the award or a
determination by the State that the scope of the grant award will not be
completed. All State or federal funds encumbered under a SOGA or Modified
SOGA, but not required for completion of the award will be deobligated by the
State.
b. It is expressly understood that if the Contractor receives State funds from
this contract in excess of its fiscal year spending limit, all such excess funds from
this contract shall revert to the State. Under no circumstances shall excess funds
from this contract be refunded to other parties.
9. Financial Management - At all times, from the effective date of this
Master contract until closeout of each award issued hereunder and through the
records retention period (paragraph 22.), the Contractor shall maintain properly
segregated books of State funds, matching funds, and other funds associated with
each award. Contractor shall be responsible for accounting for and reporting on
any required match funding as indicated in the SOGA (Exhibit A) or modified
SOGA (Exhibit B). Records shall be maintained in accordance with applicable
local and State procedures, and appropriate OMB circulars.
10. Reporting - The Sub-Grantee shall meet all reporting requirements in
accordance with the then current program policies and any subsequent forms and
related program policies as required by the Federal Funding Agency or the State
Office of Preparedness, Security, and Fire Safety (OPSFS). All changes of
policies or forms for the OPSFS shall be transmitted to Sub-Grantee in writing.
11. Amendments- If the State or the Contractor desires to change the level of
funding and/or scope of services contained in a SOGA or Modified SOGA, it can
do so via the issuance of a Modified SOGA (Exhibit B). Any such modified
SOGAs (Exhibit B) shall not be deemed valid until the State Controller or his
designee shall have approved them. All other changes require a formal written
amendment to this Master Contract.
After the initial grant award, the State may unilaterally decrease (using a modified
SOGA- Exhibit B) the amount of the grant award provided that the amount is
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uncommitted, unspent, unperformed and undisputed. Prior to the issuance of any
modified SOGAs (Exhibit B), the State and the Contractor will have mutual
discussion to determine exactly what is uncommitted, unspent, unperformed and
undisputed.
12. Audit-
a. Discretionary Audit - The State and the federal government, or any of
their duly authorized representatives shall have the right to inspect, examine and
audit the Contractor's and any subcontractor's records, books, accounts and other
relevant documents. For the purposes of a discretionary audit, the State
specifically reserves the right to hire an independent Certified Public Accountant
of the State's choosing. A discretionary audit may be requested at any time and
for any reason from the effective date of this Master contract or any SOGA issued
thereunder until five (5) years after the date of each grant's official closeout,
provided that the audit is performed during normal business hours.
b. Mandatory Audit - Whether or not the State or the federal government
calls for a discretionary audit as provided above, the Contractor shall include the
Project in its annual audit report as required by 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. Such audit reports shall be submitted to the
Department. Thereafter, the Contractor shall supply the Department with copies
of all correspondence from the State Auditor or applicable federal agency related
to the relevant audit report. If the audit reveals evidence of non-compliance with
applicable requirements, the Department reserves the right to institute compliance
or other appropriate proceedings notwithstanding any other judicial or
administrative actions filed pursuant to 29-1-607 or 29-1-608, C.R.S.
13. Conflict of Interest-
a. No employee of the Contractor shall perform or provide part-time services
for compensation, monetary or otherwise, to a consultant or consultant firm that
has been retained by the Contractor under the authority of this Master contract.
b. The Contractor agrees that no person at any time exercising any function
of responsibility in connection with this project on behalf of the Contractor shall
have or acquire any personal financial or economic interest, direct or indirect,
which will be materially affected by this Master contract, except to the extent that
he may receive compensation for his performance pursuant to this Master
contract.
c. A personal financial or economic interest includes,but is not limited to:
1) any business entity in which the person has a direct or indirect
monetary interest;
2) any real property in which the person has a direct or indirect
monetary interest;
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3) any source of income, loans,or gifts received by or promised to the
person within twelve (12) months prior to the execution date of
this Master contract;
4) any business entity in which the person is a director, officer,
general or limited partner, trustee, employee, or holds any position
of management.
For purposes of this subsection, indirect investment or interest means any
investment or interest owned by the spouse, parent, brother, sister, son, daughter,
father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, or
daughter-in-law of the person by an agent or his/her behalf, by a general, limited
or silent partner of the person, by any business entity controlled by said person, or
by a trust in which he/she has substantial interest. A business entity is controlled
by a person if that person, his/her agent, or a relative as defined above possesses
more than fifty percent (50%) of the ownership interest. Said person has a
substantial economic interest in a trust when the person or an above-defined
relative has a present or future interest worth more than one thousand dollars
($1,000.00).
d. In the event a conflict of interest, as described in this Paragraph, cannot be
avoided without frustrating the purposes of this Master contract, the person
involved in such a conflict of interest shall submit to the Contractor and the State
a full disclosure Statement setting forth the details of such conflict of interest. In
cases of extreme and unacceptable conflicts of interest, as determined by the
State, the State reserves the right to terminate the Master contract for cause.
Failure to file a disclosure Statement required by this Paragraph shall constitute
grounds for termination of this Master contract for cause by the State.
14. Contract Suspension - If the Contractor fails to comply with any
contractual provision, the State may, after notice to the Contractor suspend the
Master contract or any and all SOGAs or Modified SOGAs and withhold further
payment or prohibit the Contractor from incurring additional obligation of
contractual funds, pending corrective action by the Contractor or a decision by the
State to terminate in accordance with Contract Termination (paragraph 15). The
State may determine to allow such necessary and proper costs, which the
Contractor could not reasonably avoid during the period of suspension.
15. Contract Termination. This Master contract (and/or any resulting
SOGAs or modified SOGAs) may be terminated as follows:
a. Termination Due to Loss of Funding - The parties hereto expressly
recognize that the Contractor is to be paid, reimbursed, or otherwise compensated
with funds provided by the federal government to the State for the purpose of
contracting for the services provided for herein, and therefore, the Contractor
expressly understands and agrees that all its rights, demands and claims to
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compensation arising under this Contract are contingent upon receipt of such
funds by the State. In the event that such funds or any part thereof are not
received by the State, the State may immediately terminate or amend this Master
contract.
b. Termination for Cause/Default- If, through any cause,the Contractor shall
fail to fulfill in a timely and proper manner its obligations under this Master
contract, or if the Contractor shall violate any of the covenants, agreements, or
stipulations of this Master contract, the State shall thereupon have the right to
terminate this Master contract for cause by giving written notice to the Contractor
of such termination and specifying the effective date thereof, at least ten(10) days
before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, and reports or other material prepared by the Contractor under this
Master contract shall, at the option of the State, become its property, and the
Contractor shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to the
State for any damages sustained by the State by virtue of any breach of the Master
contract by the Contractor, and the State may withhold any payments to the
Contractor for the purpose of offset until such time as the exact amount of
damages due the State from the Contractor is determined.
c. Termination for Convenience- The State may terminate this Master
contract or any and all SOGAs or Modified SOGAs at any lime the State
determines that the purposes of the distribution of State moneys under the Master
contract or any and all SOGAs or Modified SOGAs would no longer be served by
completion of the project. The State shall effect such termination by giving
written notice of termination to the Contractor and specifying the effective date
thereof, at least twenty(20) days before the effective date of such termination. In
that event, all finished or unfinished documents, data, studies, surveys, drawings,
maps, models,photographs, and reports or other material prepared by the
Contractor under this Master contract shall, at the option of the State,become its
property, and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory services and supplies delivered.
If the Master contract or any SOGA or Modified SOGA is terminated by the State
as provided in this subparagraph c, the Contractor will be paid an amount which
bears the same ratio to the total compensation as the services satisfactorily
performed bear to the total services of the Contractor covered by this Master
contract or the SOGA or Modified SOGA, less payments of compensation
previously made, provided, however, that if less than sixty percent (60%) of the
services covered by this Master contract or the SOGA or Modified SOGA have
been performed upon the effective date of such termination, the Contractor shall
be reimbursed (in addition to the above payment) for that portion of the actual
out-of-pocket expenses (not otherwise reimbursed under this Master contract or
the SOGA or Modified SOGA) incurred by the Contractor during the Master
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contract or the SOGA or Modified SOGA period which are directly attributable to
the uncompleted portion of the services covered by this Master contract or the
SOGA or Modified SOGA. In no event shall reimbursement under this clause
exceed the Master contract or the SOGA or Modified SOGA amount.
16. Integration - This Master contract as written with attachments and
references, is intended as the complete integration of all understandings between
the parties at this time and no prior or contemporaneous additions, deletion, or
amendment hereto shall have any force or effect whatsoever, unless embodied in
a SOGA, modified SOGA or a Master contract amendment incorporating such
changes, executed and approved pursuant to applicable law.
17. Severability - To the extent that this Master contract may be executed and
performance of the obligations of the parties may be accomplished within the
intent of the Master contract, the terms of the Master contract are severable, and
should any term or provision hereof be declared invalid or become inoperative for
any reason, such invalidity or failure shall not affect the validity of any other term
or provision hereof.
18. Recapture Provisions - In the event that the Contractor fails to expend
funds under this Master contract in accordance with State laws and/or the
provisions of this Master contract, the Department reserves the right to recapture
State funds in an amount equivalent to the extent of the noncompliance. Such
rights of recapture shall exist for a period not to exceed five (5) years following
contract termination.
Repayment by the Contractor of funds under this recapture provision shall occur
within 30 days of demand, if the Contractor's failure is undisputed, or within 30
days of final judicial determination, as appropriate.
19. Assignment - Neither party, nor any subcontractor hereto, may assign its
rights or duties under this Master contract without the prior written consent of the
other party.
20. Survival of Certain Contract Terms - Notwithstanding anything herein
to the contrary, the parties understand and agree that all terms and conditions of
this Master contract and the exhibits and attachments hereto which may require
continued performance or compliance beyond the termination date of the Master
contract shall survive such termination date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the
Contractor or its subcontractors.
21. Nondiscrimination -
a. The Contractor shall comply with all applicable State and federal laws,
rules, and regulations and Executive Orders. Contractor may utilize the expertise
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of the State Minority Business Office within the Office of the Governor, for
assistance in complying with the nondiscrimination and affirmative action
requirements of this Master contract and applicable statutes.
b. The Americans with Disabilities Act of 1990, Public Law 101-336, also
referred to as the "ADA 28 CFR Part 35. The Contractor must comply with
ADA, which provides comprehensive civil rights protection to individuals with
disabilities in the areas of employment, public accommodations, State and local
government services, and telecommunications.
22. Records Retention - The Contractor shall retain for at least five (5) years
after the State's closeout of each grant all records required for the grant including
documentation and records of all expenditures incurred under the grant being
closed. Retention for longer than the five years may be deemed necessary to
resolve any matter which may be pending. This retention is for the purpose of
review and audit by the State, federal government or their authorized
representative.
23. Compliance with Federal Agreement/Contract Terms and Conditions,
Federal and State Law and Program Rules and Regulations - At all times
during the performance of this Master contract,the Contractor shall strictly adhere
to all applicable Federal and State laws that have been or may hereafter be
established. The Contractor shall also comply with all terms and conditions that
the State has entered into with the federal government as a part of the grant
application process and as spelled out in grant contracts/agreements, and all
applicable federal and State laws, rules, and regulations related to grant awards
under this Master contract. These include,but are not limited to, compliance with
the following:
a. Americans with Disabilities Act including Title II, Subtitle A/24, U.S.C.
Sec. 12101 et seq. and implementing regulations.
b. OMB Circulars A21, A87, A110, A124, and A133 as applicable
c. 31 U.S.C. Section 1352 - Prohibition Against use of Federal Funds for
Lobbying.
d. Privacy Act of 1974, 5 U.S.C. Section 552a and Regulations adopted there
under.
e. Certification required by 49 CFR Part 29, "Government Debarment and
Suspension".
f. Drug Free Workplace.
g. Title VII of the Civil Rights Act 42 U.S.C. Section 2000 d-1 et seq., and
its implementing regulation in 44 CFR.
h. Others as may be included in the SOGA(Exhibit A), for a specific
grant.
Unless otherwise agreed by the parties, the Contractor assumes and will discharge
the obligations of the State as grantee and recipient under the Federal Terms and
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Conditions, including the specific and general assurances as may be covered in
Appendices thereto, concerning compliance of specific federal statutes such as
those addressing the Civil Rights Act of 1964.
24. Special Conditions and SOGAs - Beyond those conditions contained in
this Master contract, special conditions may be incorporated into a SOGA
(Exhibit A) or modified SOGA (Exhibit B), in the Scope and/or Grant
Considerations paragraph(s) of the individual award or in an attachment to the
SOGA/modified SOGA. These conditions, upon Contractor's receipt of the grant
or any modifications thereto, become a part of this Master contract, and legally
binding under it.
25. Third Party Beneficiary - This Agreement is intended solely to fund the
Project(s) proposed by Contractor and to define the rights and responsibilities
between the parties with respect to such funding. This Agreement is not intended
to create any third party rights, nor are third parties entitled to rely upon any
provisions herein stated.
26. Waiver- The waiver of any breach of a term,provision, or requirement of
this Master contract shall not be construed or deemed as waiver of any subsequent
breach of such term, provision, or requirement, or of any other term, provision, or
requirement.
27. Software Piracy Prohibition - No State or other public funds payable
under this sub-grant shall be used for the acquisition, operation or maintenance of
computer software in violation of United States copyright laws or applicable
licensing restrictions. The Sub-Grantee hereby certifies that, for the term of this
sub-grant and any extensions, the Sub-Grantee has in place appropriate systems
and controls to prevent such improper use of public funds. If the State determines
that the Sub-Grantee is in violation of this paragraph, the State may exercise any
remedy available at law or equity or under this sub-grant, including, without
limitation, immediate termination of the Sub-grant and any remedy consistent
with United States copyright laws or applicable licensing restrictions.
28. Governmental Immunity - Notwithstanding any other provision of this
Master contract to the contrary, no term or condition of this Master contract shall
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, Section 24-10-101, et.seq., CRS, as now or
hereafter amended. The parties understand and agree that liability for claims for
injuries to persons or property arising out of negligence of the State of Colorado,
its departments, institutions, agencies, boards, officials and employees is
controlled and limited by the provisions of Section 24-10-101, et. seq., CRS, as
now or hereafter amended and the risk management statutes, Section 24-30-1501,
et. seq., CRS, as now or hereafter amended.
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29. Attachments - The following items are considered to be attachments to
and part of this Master contract:
a. Specific grant application packages [as possibly modified by the State]
from the jurisdiction(Attachment 1 to Exhibit A).
b. State SOGA (Exhibit A), or modified SOGA (Exhibit B) with all
attachments (including specific grant terms and conditions), for each
specific grant funded.
30. Order of Precedence - In the event of conflicts or inconsistencies
between this Master contract and its exhibits or attachments, such conflicts or
inconsistencies shall be resolved by reference to the document in the following
order of priority:
a. Colorado Special Provisions,pages 12 and 13
b. Master contract,pages 1 to_11 .
c. Modified Statement of Grant Award(SOGA), Exhibit B.
d. Statement of Grant Award(SOGA), Exhibit A.
e. Contractor's Application(Attachment 1 to Exhibit A)
31. Federal Funding- This Master contract is subject to and contingent upon
the continuing availability of Federal funds for the purposes hereof.
32. Purpose of Contract and Release of Liability — The State is acting as a
conduit to facilitate the "passing through" of Federal Funds from the Federal
Government to the Contractor. The State is not liable for any use or misuse of
any the products or services acquired by the Contractor (or any Sub-Grantees)
under the terms of this Master contract and any resulting grant award(s). The
Contractor will defend and hold the State harmless in any ensuing legal actions
involving products or services acquired under this Master contract.
33. Venue—The exclusive venue for all actions arising under this contract
shall be District Court, City and County of Denver, Colorado.
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• • SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
I. CONTROLLER'S APPROVAL. CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such
assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose
being appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION.
To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State against any and all claims,
damages,liability and court awards including costs, expenses,and attorney fees incurred as a result of any act or omission
by the Contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions for the parties, 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.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE.
NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN
AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX
AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT
THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR
OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS,LIABILITY,OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT
COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE
CONTRACTOR,ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,
execution,and enforcement of this contract. Any provision of this contract,whether or not incorporated herein by reference,
which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules,
and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall 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 will not invalidate the remainder of this contract to the extent that the contract is capable of
execution.
At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state
laws,rules,and regulations that have been or may hereafter be established.
7. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00
No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of
computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby
certifies that, for the term of this Contract and any extensions,the Contractor has in place appropriate systems and controls
to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph,the
State may exercise any remedy available at law or equity or under this Contract, including,without limitation, immediate
termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 &CRS 24-50-507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest
whatsoever in the service or property described herein.
Page / A of / 7 Rev7/3/03,CDPS LAN Version
SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
Bill Owens
GOVERNOR
Weld County Board of Commissioners By (I--
Legal Name of Contracting Entity FOR C. Suzanne Mencer,Executive Director
84-6000-813 Department of Public Safety
Social Security Number or FEIN
a E, LEGAL REVIEW:
Signature of Authorized ffictt Ken Salazar
ATTORNEY GENERAL
David E. Long, Chair (07/21 /70(n) By LA)o W e - 4 1
LO
Print Name&Title of Authorized Officer
CORPORATIONS: i}
ey
(A corporate attestation is s
; J
Attest(Seal)By &i I2 h
( y, 0 off„ �•�/�1\�i ' `� (Place corporate seal here,if available)
Deputy
, .; ` Pty Clerk to the Board L N14.
ALL
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below,the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Arthur L.Barnhart
B � iuLd
Y
Date !0( 710---1-.
Rev.7/3/03,CDPS LAN Version
Page / 3 of / 3
aco3 -/%7
EXHIBIT A
COLORADO DEPARTMENT OF PUBLIC SAFETY
STATEMENT OF GRANT AWARD (SOGA)
0f•co • FEDERAL PROGRAM INFORMATION
'" g' CFDA Number.
�.,e.''•
Federal Agency:
y,We'* Federal Award Name&Number.
r WWI. PO#
Region#
Sub-grant Award Number.
Sub-grant Lead Agency Name:
Sub-grant Lead Agency Director.
Sub-grant Financial Agency Address:
Grant Period:
Date Issued:
The Office of Preparedness. Security,and Fire Safety hereby awards a grant to the above-named sub-grant
lead agency pursuant to the terms of the Master Contract entered into by the parties on
identified under routing number . The attached grant application [as possibly modified by
the State]is incorporated herein as part of this document
APPROVED BUDGET
Total Federal Funds
Project Awarded
S
S
TOTAL BUDGET '
Office of Preparedness,Security,&Fire Safety REVIEWER
Printed Name Printed Name
Signature Signature
APPROVED
Signature
Page 1 of 2
Statement of Grant Award(SOGA)
JNSTRUCTIONS
1. Grant activities must be based on the approved budget shown on page one of this Statement of
Grant Award, and the detailed budget(s)within the attached application as modified and approved
by the State. The sub-grantee must secure prior written approval from OPSFS if there is to be a
change in any budget category.
2. The sub-grantee will give the Financial Officer of the project a copy of this document in order to
adequately prepare the necessary financial reports.
3. The sub-grantee agrees that the attached grant application, and master contract, is hereby
incorporated by reference as part of this grant award.
4. Review carefully the enclosed letter for this grant program. It Includes procedures regarding this
document, draw-down of grant funds,reporting requirements and requesting grant modifications.
5. This grant award shall be effective upon the intended start date (as set out in the grant period
shown on page 1 of this SOGA); however final approval by the State Controller or designee, is
required.
6. This grant award may be cancelled in whole without further cause by the Office of Preparedness,
Security,and Fire Safety within 20 days of the date of issuance.
ADDITIONAL OPSFS REQUIREMENTS
(1) All sub-grants are conditioned on the ability to report to the Office of Preparedness, Security, and
Fire Safety all the information contained on the OPSFS quarterly financial reporting and semi-
annual progress report forms, which are provided with this SOGA. Technical assistance is
available upon request.
(2) These funds cannot be guaranteed beyond the end date of the grant period on page 1 of this
SOGA. Unexpended funds remaining at the end of the grant period must be returned to the Office
of Preparedness,Security,and Fire Safety.
•
Page 2 of 2
EXHIBIT B
COLORADO DEPARTMENT OF PUBLIC SAFETY
MODIFIED STATEMENT OF GRANT AWARD (MODIFIED SOGA)
rco FEDERAL PROGRAM INFORMATION
,��
y4 ' CFDA Number:
, .
y , . Federal Agency:
* • Federal Award Name&Number:
`is • ` P0#
Region#
Sub-grant Award Number. (original number) —X (for number of modification)
Sub-grant Lead Agency Name:
Sub-grant Lead Agency Director.
Sub-grant Financial Agency Address:
Grant Period:
Date Issued:
vi t l ' sYi11,ti_ .e Vii '
The Office of Preparedness,Security,and Fire Safety hereby awards a grant to the above-named sub-grant
lead agency pursuant to the terms of the Master Contract entered into by the parties on
identified under routing number .. The attached modified grant application is here by
incorporated as part of this document.Modification of the original grant award is due to
APPROVED BUDGET
Original Modified
Total Federal Funds Total Federal Funds
Project Awarded Awarded
S $
� S
TOTAL BUDGET
Office of Preparedness.Security.&Fire Safety REVIEWER
Printed Name Printed Name
Signature Signature
APPROVED
Signature
Page 1 of 2
• •
Modified Statement of Grant Award(SOGA)
)NSTRUCTIONS
1. Grant activities must be based on the approved budget shown on page one of this Statement of
Grant Award, and the detailed budget(s)within the attached application as modified and approved
by the State. The sub-grantee must secure prior written approval from OPSFS if there is to be a
change in any budget category.
2. The sub-grantee will give the Financial Officer of the project a copy of this document in order to
adequately prepare the necessary financial reports.
3. The sub-grantee agrees that the attached grant application, and master contract, is hereby
Incorporated by reference as part of this grant award.
4. Review carefully the enclosed letter for this grant program. It Includes procedures regarding this
document,draw-down of grant funds,reporting requirements and requesting grant modifications.effective upon 5. This grant shown on pageawad at be iof this
SOGA);h the the
however approval y the State Controller or designee,is
required.
6. This grant award may be cancelled in whole without further cause by the Office of Preparedness,
Security,and Fire Safety within 20 days of the date of issuance.
ADDITIONAL OPSFS REQUIREMENTS
(1) All sub-grants are conditioned on the ability to report to the Office of Preparedness, Security, and
Fire Safety all the information contained on the OPSFS quarterly financial reporting and semi-
annual progress report forms, which are provided with this SOGA. Technical assistance is
available upon request.
(2) These funds cannot be guaranteed beyond the end date of the grant period on page 1 of this
SOGA. Unexpended funds remaining at the end of the grant period must be returned to the Office
of Preparedness,Security,and Fire Safety.
•
Page 2 of 2
cd s Office of Preparedness,Security,and Fire Safety
o 15055 South Golden Road,
Golden,CO 80401-3971
(303)273-1770
FAX(303)273-1688
COLORADO
DEPARTMENT ( �'
OF PUBLIC SAFETY
!MC-)
July 3, 2003
Mr. Ed Herring
Weld County
1950 O Street
Greeley, CO 80631
Dear Mr. Herring:
The attached master contract will allow the Colorado Office of Preparedness,
Security, and Fire Safety (OPSFS), on behalf of the Department of Public
Safety, to process grant award letters to Weld County for homeland security,
anti-terrorism, and emergency Preparedness, grants. This master contract will
be for five (5) years from the date of its approval by the State Controller.
Three (3) originals of the umbrella contract between the OPSFS and Weld
County are enclosed. Please have the appropriate person review and sign
each of the contracts, have their signature attested to, and return all three (3)
to:
OPSFS
Attn: Taunya Stillman
15055 S Golden Rd.
Golden, CO 80401-3971
We will return one (1) fully executed original for your records.
This umbrella contract is similar to the contract that may already exist with the
Colorado Office of Emergency Management for disaster or emergency
management (mitigation, response, and recovery) grants.
Bill Owens
GOVERNOR Please do not hesitate to contact me at 303-273-1770 if you have any
C.Suzanne Mencer questions.
EXECUTIVE DIRECTOR
Colorado State
Patrol
Colorado Bureau Sincerely,
of Investigation
Division of
Comma'Justice \
.
Office of Preparedness,
Security,iafety Allan M. T er, Program Manager
Fire Safety 9 9
Office of Preparedness, Security, and Fire Safety
2003-1867
Hello