HomeMy WebLinkAbout972408.tiffSTATE OF COLORADO
DIVISION OF LOCAL GOVERNMENT Department of Local Affairs
Harold A. Knott, Director
September 29, 1997
The Honorable George Baxter, Chair
Weld County Board of Commissioners
915 10th Street
Greeley, CO 80632
Dear Commissioner Baxter:
Roy Romer
Governor
Larry Kallenberger
Executive
Director
The enclosure describes the public facility assistance that will be provided with FEMA and state
funds associated with recent flooding in your community. I am pleased to be providing 12.5% of
the identified costs of the project(s) outlined in the award. These funds are being provided from
the State Disaster Emergency Fund at the direction of Governor Romer.
FEMA has authorized federal reimbursement for 75% of the identified project costs, plus an
administration allowance. Combined state and federal project aid will total 87.5% leaving
unreimbursed expenses of 12.5% for local communities to bear. While we fully understand this
may require some reconfiguration of local budgets, we are hopeful this can be accomplished.
The award designates a Local Affairs' staff person who will assist you in meeting the reporting
and expense documentation requirements associated with both the state and federal assistance
programs. We will do our best to minimize administrative burdens placed upon local
communities. The identified staff person will initiate contact with your office upon receipt of
this award letter.
We look forward to helping mitigate the effects of this summer's unfortunate events.
Sincerely,
1 y/
Larry Ilenberger
cc: Don Sandoval
lb/.7/ 1313 Sherman Street, Room 521, Denver, Colorado 80203 (303) 866-2156 FAX (303) 866-4819 TDD
97
C ` F1. r W. C Ai
£7 0007
972408
STArl'E OF COLORADO
OFFICE OF EMERGENCY MANAGEMENT DEPARTMENT OF LOCAL AFFAIRS
Tommy F. Grier. Jr. - Director
Division of Local Government
OEM Grant Award Letter
INITIAL AWARD -A- INCREASE__ DECREASE_ CHANGE_
1. Contract Logging Inquiry Number (CLIN): 01267
2. Award and Encumbrance Number: 8OEMWLD
3. Accounting Line: SD00/39S/FD95/3D95 = $39,727.00 SD00/797/FD97/3797 = $246,218.00
4. Vendor Number: 846000813 U
5. Master Contract Number 6OEM45
6. Award Made to Sub -Grantee:
WELD COUNTY, including award for the
Town of Raymer
PO Box 758
Greeley, Colorado 80632
7. This Award Amount $285.945 ($238,359 Federal + $7,859 Federal Admin + $ 39,727 State)
Total Awarded To Date; $285,945
Roy Romer
Governor
Larry Kallenberger
Executive Director
Harold A. Knott
Director
Weld County
Small Projects
$86,197
$64,648 $6,350
$5,387
$5,388
$10,774
DSR 07502
Site 140
C
$19,712
$14,784
$1,232
$1,232
$2,464
Site 147
C
$22,257
$16,693
$1,391
$1,391
$2,782
Site 162
C
$4,576
$3,432
$286
$286
$572
Site 164
C
$14,100
$10,575
$881
$882
$1,762
DSR 01614
C
$2,985
$2,239
$187
$186
$373
DSR 01619
C
$1,817
$1,363
$114
$113
$227
DSR 07508
C
$6,692
$5,019
$418
$419
$836
DSR 07522
C
$1,583
$1,187
$99
$99
$198
DSR 07523
C
$6,740
$5,055
$421
$421
$843
DSR 07524
C
$5,735
$4,301
$358
$359
$717
Page 1 of 3 Pages
15075 South Golden Road, Golden, Colorado 80401-3979 (303) 273-1622 FAX (303) 273-1795 TDD (303) 273-1794
Weld County
Large Projects
$181,319
$135,989
Town of Raymer
Small Project
$3,414
$2,561
$1,509
$214
$213
$426
DSR 07507
C
$3,414
$2,561
$214
$213
$426
Totals
(Small Projects)
$89.611
$67.209
$1,159
$_1M
$5,601
11 200
(") In table above = Initial Warrant Components
ubgrantee
Adrnin
sate
imbulsement
$22,665
Advanced
with Small
Projects
$22,665
DSR 07502
Site 161
C
$97,974
$73,480
$12,247
$12,247
DSR 01613
C
$83,345
$62,509
$10,418
$10,418
Town of Raymer
Large Project
$46,881
$35,161
Advanced
with Small
Projects
$5,860
$5,860
DSR 07509
E
$46,881
$35,161
$5,860
$5,860
Totals
(Large Projects)
$228.200
$171.150
$28,525
$28,525
8. Performance Period: Category A and B Projects - July 28, 1997- January 30,1998
Category C,D,E,F and G Projects - July 28, 1997 - January 30, 1999
9. Purpose: - The Colorado Office of Emergency Management (OEM), through an agreement with the Federal
Emergency Management Agency (FEMA) under Presidentially -declared Disaster DR -1186, distributes Public
Assistance federal funds to qualified local governments for disaster recovery projects.
Page 2 of 3 Pages
19. Scope: - As approved by the Federal Emergency Management Agency and the Colorado Office of Emergency
Management, this grant award provides federal project funds, plus federal administrative funds, to complete the
approved projects in Attachment B. The remaining twenty five percent (25%) of approved project DSR amounts will
be funded equally between the state and the local entity. This project work and special federal requirements are
based on FEMA-approved Damage Survey Reports (DSRs) incorporated herein as Attachment B. Subgrantee
appeals of the scope of work or funding amount provided in a DSR must be filed in writing to the Office of Emergency
Management within forty five (45) days of the approval date of this grant award. NOTE: Requests for
reimbursement for the Large Project DSR 07509 (Town of Raymer) and DSRs 01613 and 07502 - Site 161
(Weld County), including proper documentation, shall be submitted to the department Field Manager, Don
Sandoval. DSR project completion and financial reports/certifications also must be submitted to the
department Field Manager, Don Sandoval at the DoLA office in Loveland within thirty (30) days of project
completion.
11. Grant Considerations: - Attached is a copy of the fiscal terms and conditions entered into by the State and the
aforementioned government jurisdiction (Attachment A). All attachments hereto are incorporated by reference.
Federal project funds, Federal Subgrantee administrative funds, and one half (50%) of the awarded State funds are
being advanced for the small project DSRs listed in the table above and as approved in the DSRs in Attachment B.
Federal project funds and the awarded State funds for the Large Project DSRs, listed in the table above and as
approved in the DSRs in Attachment B, will be reimbursed upon submission of request for reimbursement including
proper documentation of the eligible expenses. On the small project DSRs, the second one-half of the awarded state
funds shall be paid upon completion of the project work following submission by the Subgrantee and approval by the
State of DSR project completion certification(s) and expenditure summaries. Weld County agrees to pass through
the funding hereby provided to the Town of Raymer. The Town of Raymer is responsible for providing the
local funding participation in their DSR projects; Weld County assumes no responsibility for local funding
participation in these DSR projects. Any balance (underspending) of funds on the small project DSRs will be used
by the Subgrantee on other projects or on hazard mitigation projects contingent upon written approval by the state
designated project monitor/field manager. No amendment letter need be executed to effect the use of these funds.
Any deficit of funds (overspending) is strictly the responsibility of the Subgrantee. Quarterly financial status reports on
Large Project DSRs shall be submitted by the Subgrantee no later than 20 days after the end of the calendar quarter,
detailing project progress and properly documenting all expenditures to date of federal, state and local funds. The
final 10% of the federal and state reimbursement for large projects shall be paid upon submission by the Subgrantee
and approval by the State and FEMA of DSR project completion certifications and expenditure summaries.
12. Reviewed By:
Date: 10/15 /97 13. Issued By: Division of Local Government
14. Approved: State Controller, Clifford W. Hall
By: _
Roen, Controller, DoLA
Date: i`I1kr4�
Harold A. Knott, Director
Date: /o�s/97
NOTE: Acceptance of the grant implies agreement with the terms and conditions as stated in the master contract and the
attachments to this award letter. The state grant funds are provided from state General Funds. You are advised to seek
counsel on the receipt and expenditure of these state funds under TABOR, and appropriating the funds in your current
budget as necessary.
Page 3 of 3 Pages
ATTACHMENT A
1. Compensation and Method of Payment - The State agrees to pay the Sub -Grantee in
consideration for the work and services to be performed, an amount not to exceed the amount
awarded to date. Payment to be made to the Sub -Grantee upon receipt of legitimate invoices or
claims from the Sub -Grantee for vendor services or other eligible grant expenses. Such invoices
will be summarized with the original supporting documents to be kept on file by the Sub -Grantee.
In specific cases where a Sub -Grantee may have a cash -flow problem, verified by the State, the
State may reimburse the Sub -Grantee based upon unpaid vendor invoices. In these cases, which
are an exception to normal practice, the Sub -Grantee shall be responsible for payment to the
vendor once receiving finds from the State, and for providing proof of such payment to the State
for its records. "Year-end deobligation-reallocation of finds." A potential exists that the total
amount of the grant award may be increased or decreased as a result of a year-end deobligation-
reallocation of funds made by the state. Such action may occur after the end of the performance
period for the grant. The purpose of the action would be to either deobligate finds not expended
by this or another Sub -Grantee and/or to reallocate funds to reimburse eligible program expenses
incurred by this or another Sub -Grantee during the performance period for which reimbursement
has not been previously made. Such reallocation of finds shall not exceed the percentage of
reimbursement as identified in the Grant Award Letter of total eligible expenses incurred by the
grantee. These actions will be made by Grant Award Letter Amendment, indicating the amount
of the year-end deobligation-reallocation of funds made for the fiscal year for each eligible
jurisdiction. This Amendment will be signed by both the Director of the Division of Local
Government, and the Department of Local Affairs designee authorized to sign for the State
Controller. The Grant Award Letter Amendment will be a valid contract amendment, effective
retroactive to the contract performance period.
2. Current Award Period - This award shall be effective from the first date shown in the performance
period on the Grant Award Letter until ninety (90) days after the final date shown in such
performance period. 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. The federal
appropriation 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 grant
award letters being issued by the state for a performance period which may have started several
months previously. The Sub -Grantee may have incurred eligible program expenses during this
period and is, therefore, entitled to reimbursement for same under the terms and conditions of the
grant program.
3. Amendments - All additional award letters issued under the Initial Award will be considered
amendments only to the amounts shown on the first page of the Award unless specific amend-
ments are attached thereto amending the language in this original award. All additional amounts
awarded subsequently under this Award will be subject to all of the terms and conditions attached
to this Award unless specifically amended therein.
Page 1 of 4
4. Accounting - At all times from the effective date of this grant until completion of this project, the
Sub -Grantee shall maintain properly segregated books of state funds, matching funds, and other
funds associated with this project. Sub -Grantee shall be responsible for accounting for and
reporting on the required non-federal match for this grant, if one is required, either in hard or in -
kind match as provided for in applicable regulations. Records shall be maintained in accordance
with applicable local and state procedures and in accordance with applicable OMB Circular s (A-
87-110).
5. 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 Division of Local Government (OEM). All changes of
policies or forms for the State Division of Local Government shall be transmitted to Sub -Grantee
in writing.
6. Audits - The Federal Granting Agency, Comptroller General of the U. S, the State, or its
authorized representative shall have the right to inspect, examine, and audit Sub -Grantee's books
and accounts, including the right to hire an independent Certified Public Accountant of the State's
choosing and at the State's expense to do so. Audits, performed under the provisions of the
Federal Single Audit Act, are to address the funds provided under this grant as a part of the
normally scheduled audit review of the Sub -Grantee. Discretionary audits may be called for at
any time and for any reason from the effective date of this contract until five (5) years after the
date of final payment is received by the Sub -Grantee provided that the audit is performed at a
time convenient to the Sub -Grantee and during regular business hours.
7. Personnel - The Sub -Grantee shall perform its duties hereunder as a sub -grantee and not as an
employee. Neither the Sub -Grantee nor any agent or employee of the Sub -Grantee shall be or
shall be deemed to be an agent or employee of the State. Sub -Grantee shall pay, when due, all
required employment taxes and income tax withholding, shall provide and keep in force worker's
compensation (and show proof of such insurance), and unemployment compensation insurance
in the amounts required by law, and shall be solely responsible for the acts of the Sub -Grantee,
its employees, and agents to the extent applicable.
The Sub -Grantee is responsible for providing workman's compensation coverage and
unemployment compensation coverage for all of its employees to the extent required by law. In
no case is the State responsible for providing workmen's compensation coverage for any
employees or subcontractors of the Sub -Grantee pursuant to this agreement, and Sub -Grantee
agrees to indemnify the State for any costs for which the State may be found liable in this regard.
8. Termination of Grant for Cause - If through any cause, the Sub -Grantee shall fail to fulfill in a
timely and proper manner his obligations, or if the Sub -Grantee shall violate any of the covenants,
agreements, or stipulations set forth herein, the State shall thereupon have the right to terminate
this activity for cause by giving written notice to the Sub -Grantee of such termination and
specifying the effective date thereof, at least fourteen (14) days before the effective date of such
Page 2 of 4
termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, reports, or other materials prepared by the Sub -Grantee shall at the
option of the State become its property, and the Sub -Grantee shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other
materials.
9. Termination for Convenience of State - The State may terminate the grant at any time it
determines that the purpose of the distribution of funds under the grant would no longer be served
by completion of the project. The State shall effect such termination by giving written notice of
the termination to the Sub -Grantee and specifying the effective date thereof at least twenty (20)
days before the effective date of such termination. In that event all materials and documents as
described in paragraph 7 above shall, at the option of the State, become its property and the Sub -
Grantee shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such materials and documents. If termination of the grant is due to the fault of the
Sub -Grantee, paragraph 7 hereof relative to termination for cause shall apply.
10. Changes - The State may, from time to time, require changes in the scope of services to be
performed hereunder. However, these terms and conditions are intended as the integration of
all understandings between the parties at this time and no prior or contemporaneous additions,
deletions, or other amendment hereto shall have any force or effect, whatsoever, unless embodied
in a written amendment incorporating such changes, including any increase or decrease in the
amount of monies to be paid to the Sub -Grantee, executed and approved pursuant to State rules.
11. Severability - To the extent that this activity may be executed and performance of the obligations
of the parties may be accomplished within the intent of the terms and conditions, the terms of the
agreement 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. The waiver of any breach of a term hereof shall not be construed as a waiver
of any other term.
12. Assignment - Neither party, nor any subcontractor hereto, may assign its rights or duties
pertaining to this grant without the prior written consent of the other party.
13. Limitation to Particular Funds - The parties hereto expressly recognize that the Sub -Grantee is
to be paid, reimbursed, or otherwise compensated with the funds provided to the State for the
purpose of the services provided for herein and therefore, the Sub -Grantee expressly understands
and agrees that all its rights, demands, and claims to compensation arising under this grant 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 this grant.
14. Non-discrimination - The Sub -Grantee shall comply with all applicable state and federal laws,
rules, regulations, and executive orders of the Governor of Colorado involving non-discrimination
on the basis of race, color, religion, national origin, age, handicap, or sex. Contractor may utilize
Page 3 of 4
the expertise of the State Minority Business Office within the Office of the Governor, for
assistance in complying with the non-discrimination and affirmative action requirements of this
grant and applicable statutes.
15. Compliance with Federal Agreement Terms and Conditions - Federal Law - Rules and
Regulations - The Sub -Grantee shall comply with all terms and conditions the State has entered
into with the federal government as a part of the grant application process and as spelled out in
the grant agreement between the State of Colorado and the Federal Granting Agency, and all
applicable federal laws, rules, and regulations related to this program. These include, but are not
limited to, compliance with the following:
• Americans with Disabilities Act including Title II, Subtitle A/24, U. S.C. Sec. 12101 et seq and
implementing regulations.
• OMB Circular A110, A122, and A133 as applicable, for nonprofit and 501C-3 designated
entitles.
• 31 U. S.C. S1352 - Prohibition Against use of Federal Funds for Lobbying.
• Privacy Act of 1974, 5 U.S.C. S 5529 and Regulations adopted thereunder.
• Certification required by 49CFR Part 29, "Government Debarment and Suspension."
• Drug Free Workplace
• Title VI of the Civil Rights Act 42 U.S.C. Sec. 2000 d-1 et seq and its implementing regulation
44 C.F.R. part of et seq.
Page 4 of 4
Hello