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Home My WebLink About960626.tiff RESOLUTION RE: APPROVE CONTRACT FOR EMERGENCY MANAGEMENT FUNDING WITH COLORADO DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF LOCAL GOVERNMENT (OEM)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 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 April 1, 1996, 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 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 15th day of April, A.D., 1996, nunc pro tunc April 1, 1996. BOARD OF COUNTY COMMISSIONERS wm'� �G%� WELD COUNTY, COLORADO v� ! 4 .. / FXC'IISFr) IlATF CIF SIC;NINC; (AYF) rr �� j Barber- J. Kirkmeyerr Chair 1861 'ff(ff "'flit ten, . ty Clerk to the Board I z • no .w.,,, .‘1 // k_ 1 bJCt eorge Eder, Pro ' -aeputy Cler io the Board '-- Dale K. Hall APP AS TO FOR : FxriiSFm fATF OF SIC-WIWI (AYF) Constance L. Harbert d 9 u y Attorney _ ,, i `/j ) t/ > k?l W. I Webster ) re 960626 (� ' EA' 5Wi EM0006 DEPARTMENT OR AGENCY , f G�E NC�JY(�NUMBER NAA CONTROL NUMBER© I ✓"I I CONTRACT This contract, made this 1st day of April, 1996, by and between the State of Colorado for the use and benefit of the Department of Local Affairs, Division of Local Government (OEM), 1313 Sherman Street, Room 521, Denver, CO 80203, hereinafter referred to as the State, and Weld County hereinafter referred to as the Contractor, WHEREAS, 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 100 , Contract Encumbrance Number as detailed in grant award letter(s) , and WHEREAS, required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State annually receives funding from the following federal agencies, the Federal Emergency Management Agency (FEMA) - under Public Laws, 93-288, as amended by Public Laws 100-707 and 103-337 (Robert T. Stafford Disaster Relief and Emergency Assistance Act.), and Public Law 99-145 as amended (Defense Authorization Act- pass through from Department of Army; Environmental Protection Agency [EPA]) - under Public Law 99-499 as amended (Superfund Amendment and Reauthorization Act of 1991, Title Ill), and U. S. Department of Transportation (DOT) - under Public Law 101-615 (Hazardous Materials Uniform Transportation Safety Act 1990) for the purpose of supporting emergency management activities to include administration, emergency planning, training, exercising, hazard mitigation, disaster response and recovery, and procurement of facilities and equipment, and WHEREAS, local units of government (counties, cities and towns), as well as certain public and private nonprofit organizations have been determined to be authorized eligible sub-grantees under the above identified Public Laws and CFR 40 Part 33, CFR 44 Parts 13 and 302, and CFR 49 Part 110, and WHEREAS, the Contractor has been determined to be an eligible entity as defined by the State in its administrative plan to contract with the State to undertake the services desired, and WHEREAS, the State annually distributes funds received to existing contractors, determined to be eligible by the State using federal eligibility criteria and which are in good standing, using State developed application process, and allocation procedure, and WHEREAS, 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 private vendor, and Page 1 of 9 Pages (fr- WHEREAS, this contract is in keeping with applicable State law CRS 24-50-50-4(2)(a)(c)(e), and CRS 24-32-2105(6)(b), and the rules and regulations of the State, and WHEREAS, the Contractor has been included as a potential funding recipient by the State for emergency management related funding, to enter into this agreement and to undertake the services desired by the State and federal government, and WHEREAS, the Contractor is capable and desires to perform the services. NOW THEREFORE it is agreed that: 1. Scope of Work-The Contractor agrees to carry out the scope of work described in each of its application packages for emergency management related activities, as approved by the State in its grant award letter, and to do so in conformance with this contract and applicable federal and state laws, rules, and regulations pertaining to each specific grant. Grant applications and award letters will become a part of this contract until such time as the grant is closed out. 2. Time of Performance -This contract shall commence on April 1. 1996 and shall continue for a period of five years as long as the State continues to designate the Contractor as an eligible recipient of funds and continues to make an allocation of funds to the Contractor. Grant award letters for each specific grant will identify the performance period for that grant. 3. Compensation and Method of Payment - The State agrees to pay the Contractor in consideration for the work and services to be performed an amount as specified in the grant award letter. Payment to be made to the Contractor on a quarterly basis unless otherwise indicated, based on an invoice summarizing those legitimately incurred expenses. The Original supporting documentation will be maintained by the Contractor. State warrant will be issued for reimbursement of eligible expenses. 4. Accounting - At all times, from the effective date of this contract until completion of this project, the Contractor shall maintain properly segregated books of State funds, matching funds, and other funds associated with this project. Contractor shall be responsible for accounting for and reporting on any required match funding as indicated in the grant award letter. Records shall be maintained in accordance with applicable local and State procedures, and appropriate OMB circulars. 5. Reporting-The Contractor 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 government or the State Division of Local Government (OEM). 6. Audit Requirements-The Contractor must follow the financial and compliance audit requirements of OMB Circular A-128 or A-133,whichever is applicable, adhering to the most current version of the circular. The audit must be performed by a Certified Public Accountant, or a licensed public accountant. Audit reports are due yearly. The Contractor's audit period will be January 1 through December 31. Three copies of each audit report shall be provided to the State by the Contractor no later than 180 days after the end of the audit period. No grant of funds under an approved project will be closed until a financial and compliance audit are received coveting the entire project period. The State may withhold up to 10 percent of the grant funds pending receipt of such audits. Page 2 of 9 Pages 7. Personnel - The Contractor shall perform its duties hereunder as a 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 withholding, shall provide and keep in force worker's compensation (and show proof of such insurance), and unemployment insurance in the amounts required by law, and shall be solely responsible for the acts of the Contractor, its employees, and agents to the extent applicable. The Contractor is responsible for providing workmen'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 contractors pursuant to this agreement, and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard. 8. Termination of Contractor for Cause A. The State may terminate the contract, in whole or in part for cause, by giving notice to the Contractor of such termination at least five (5) working days before the effective date of such termination and specifying the effective date thereof. Any or all of the following reasons shall constitute cause for the State to terminate the contract. (1) Failure for any reason of the Contractor to fulfill in a timely and proper manner its obligations under the contract and attachments; (2) Submission by the Contractor to the State of reports that are incorrect or incomplete in any material respect; (3) In- effective or improper use of funds provided under this agreement; and, (4) Suspension, reduction, or termination of the grant to the State under which this contract is made, or the portion thereof delegated by this agreement. B. The Contractor may terminate this contract for cause if the Contractor is unwilling or unable to comply with such additional conditions as may be lawfully imposed. The Contractor must give notice to the State of such termination at least five (5) working days before the effective date of such termination and specify the effective date thereof. C. In the event of any termination of the contract, the following will apply: (1) The State will require the Contractor to ensure that adequate arrangements have been made for the transfer of the agency's activities and inventory to another Contractor or to the State. Inventory shall include client records, supplies, materials, equipment, vehicles and other items purchased with state or federal funds per state and federal procedures, laws and regulations; (2) The Contractor shall be entitled to compensation for any unreimbursed expenses reasonably and necessarily incurred in the satisfactory performance of the contract. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for damages sustained by the State, by virtue of any breach of the agreement by the Contractor, and the State may withhold any reimbursement to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the State from the Contractor is agreed upon or otherwise determined. Page 3 of 9 Pages (1{) 9. Termination for Convenience of State -The State may terminate the contract at any time it determines that the purpose of the distribution of funds under the contract 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 Contractor 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 8 above 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 materials and documents. If this contract is terminated due to the fault of the Contractor, paragraph 8 hereof relative to termination shall apply. 10. Changes in Scope of Services -The State may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder as set forth in the grant award letter. Such changes in the scope of services of the Contractor shall be in writing via the issuance of an amended award letter, and shall be incorporated without written amendment to this contract. Any revisions to the scope of services initiated by the Contractor must be approved by the State. 11. Severability - To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of the 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. 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 under this contract without the prior written consent of the other party. 13. Limitation to Particular Funds - This contract is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed or otherwise compensated with the funds provided 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 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 the contract. 14. Contract Suspension - If the Contractor fails to comply with any contractual provision, the State may, after notice to the Contractor suspend the contract 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 Paragraph 8, Termination for Cause. The State may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension. 15. Recapture Provisions - In the event that the Contractor fails to expend funds under this contract in accordance with state laws and/or the provisions of this 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 three years following contract termination. Page 4 of 9 Pages 7 Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand. In the event that the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs thereof, including reasonable attorney's fees. 16. Evaluation and Monitoring-The Contractor shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the Department that are pertinent to the intent of this contract. 17. Nondiscrimination - (a) The Contractor 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 the expertise 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 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 the 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. 18. Records Retention -The Contractor shall retain for at least four(4) 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 four 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. 19. Compensation - Grant award letters issued by the State under this Contract will authorize the Contractor to expend funds and initiate requests for reimbursement based on the amount of the grant award in accordance with program policies. 20. Reimbursement of Funds - Based upon receipt of requests from the Contractor for reimbursement of funds expended under a grant award authorized under this contract, and provision by the Contractor of the reports, and summary of documentation required under the grant, the State will reimburse the Contractor for those eligible program costs incurred. Original documentation will be kept on file with the Contractor. 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. 21. Compliance with Federal Agreement/Contract Terms and Conditions. Federal and State Law and Program Rules and Regulations - The Contractor shall 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 contract. 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 seg and implementing regulations. • OMB Circulars A21, A87, A110, A124, A128, and A133 as applicable Page 5 of 9 Pages • 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 • Others as may be included in the grant award letter 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 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. 22. The following items are considered to be attachments to and part of this contract. • Specific grant application packages from the jurisdiction • State Grant Award Letters for each specific grant funded • General terms and conditions for each specific grant. 23. Special Conditions - Beyond those conditions contained in this contract special conditions may be incorporated into a grant award letter. These conditions upon acceptance by the Contractor of the grant become a part of this contract, and legally binding under it. Contractor failure to object in writing to special conditions or other terms within ten (10) days of transmittal of the grant aware letter shall constitute acceptance of same for the purposes of this paragraph. 24. 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 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 contract, except to the extent that he may receive compensation for his performance pursuant to this contract. c. A personal financial or economic interest includes, but is not limited to: I) any business entity in which the person has a direct or indirect monetary interest; ii) any real property in which the person has a direct or indirect monetary interest; iii) 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 contract; iv) any business entity in which the person is a director, officer, general or limited partner, trustee, employee, or holds any position of management. Page 6 of 9 Pages 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 24, cannot be avoided without frustrating the purposes of this 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 contract for cause, as provided in Paragraph 8 above. Failure to file a disclosure statement required by this Paragraph 24 shall constitute grounds for termination of this contract for cause by the State. 25. Integration - This contract as written with attachments and references, is intended as the complete integration of all understanding 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 written contract amendment incorporating such changes, executed and approved pursuant to applicable law. C:\WP60\WPDOCS\SLA96\CONTRACT96 Page 7 of 9 Pages SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. 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. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection, repair,maintenance,or improvement of any building,road,bridge,viaduct,tunnel,excavation or other public works for this State,the contractor shall,before entering the performance of any such work included in this contract,duly execute and deliver to the State official who well sign the contract,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,conditioned for the due and faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum. Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashiers check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents,against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees 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. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practice(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract,the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status, religion,ancestry,mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed,and that employees are treated during employment,without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading,demotion,or transfer,recruitment or recruitment advertising;lay-offs or terminations;rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap,or age. O The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractors commitment under the Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and relevant Orders of the Governor. (d) The contractor and labor unions will fumish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books, records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race, creed,color,sex,national origin,or ancestry. (f) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt either directly or indirectly,to commit any act defined in this contract to be discriminatory. Form 6-AC-02B Revised 1/93 395-53-01-1022 ( r/ ' Page 8 of 9 Pages (g) in the event of the contractors non-compliance with the non-discrimination clauses of this contract or with any such rules, regulations,or orders,this contract may he canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,or by rules,regulations or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,or by rules, regulations or orders promulgated in accordance therewith,or as otherwise provided by law. (h) The Contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided, however,that in the event the contractor becomes involved in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works-within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102). GENERAL 7. 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. 8. 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. 9. The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public Office),and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written. Contractor: (Full Legal Name) Weld County, Colorado STATE OF COLORADO WW ld County Board f Commissioners ROY OMER,GO OR aciL,L/i �7 ,(/S /.r' �/� BY /// Chair 04/15/96 Executiv DIRE o , Larry Kallenberger V� i=�n`N_4-6000813 �N DEPARTMENT , INumbera Federal ID NumberOF Local Affairs 1861 `'► ) �� ( ,,i�tiv,-.n: eft / G ush %I V de By - Tor_ i . Al, � ' y mow 1 aam ERICxInxstc«mn Clerk to Board APPROVALS II PRE-APPROVED FORM CONTRACT REVIEWER STATE CONTROLLER / / / Clifford W. Hall By ��A • (� I By o . . �. �i Rose Marie Auten Form 6-AC-02C 53 1/9 /� Revised395-53-01-1030 Page 9 which is the last of 9 Pages //� -o I a c I U Co m Cl ` e ❑ a ® w m • I C, l IId I U cc m I O \ e Ua. N h 1 m 0 e �, O 1 w ea • 0 i m a c 1 CO T 0 e Cl I 0 m e a c U m > O ❑ '• C A m ein m l i m =O e E IZ m O • . ' E a m e m c Nm II a. -E) I m m .0 • d w t e ❑ O I— L = m \ e V >. ' — 0 y L a \ e 2 I c 1i © a. 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'3 0 el O r3 h a -,i 1, U g U U' O Q Ur H C n ro 1, C) C c > ^ 'ti 0, 0 U O C .-- 11 _Cu 3) k 0 t; 0 u N C O r ti C . yCO 960626 WELD COUNTY Office of Emergency Management 0812398123 Federal Fiscal Year 96 COEM Form 20, Part II: Program Narrative: MITIGATION: 1. Review, and update if necessary, and submit to COEM a jurisdictional Hazard Analysis. 2. Develop Public Information program, pamphlet, and announcements on a local hazard and the steps citizens can take to protect themselves and their property. 3. Review and develop a hazard mitigation plan for Weld County. 4. Begin formulating a five year Emergency Management work plan for submission with FFY97 program papers. 5. Submit an application for COEM assistance in conducting and documenting a complete hazard analysis of Weld County. 6. Submit an application for COEM assistance in development of an all-hazard mitigation plan. PREPAREDNESS: 1. Submit quarterly financial claims and semi-annual progress reports in accordance with the timelines provided on the forms. 2. Review and update as necessary, Weld County LEOP. 3. Submit revisions to Weld County LEOP to all holders of the plan. 4. Conduct a full-scale or functional exercise in accordance with the four year exercise plan. 5. Submit all exercise reports to COEM. 6. Develop/continue educational programs for local emergency responders and local elected officials for increased understanding of the role of emergency management in Weld County. 7. Attend COEM training courses, workshops and other meetings including the annual conference. 960626 8. Provide training to local elected officials on the procedures to be used when requesting state assistance or declaring local emergencies or disasters. 9. Update emergency management resource lists. 10. Develop Northeast Colorado Emergency Managers programs. 11. Support Weld County Local Emergency Management Planning Committee and other hazmat related issues including SARA, Title III requirements. 12. Provide training and/or refresher training in Damage Assessment for Weld County. 13. Submit an application for COEM assistance in a"Brainstorm session" and exercise of local plans. POST EVENT: 1. Submit to COEM Operations Section a Situation Report for emergencies in Weld County that require, in our opinion, a "larger than usual" response activity and/or activation of an EOC, significant mutual aid or are of media interest. 2. Provide assistance to local elected officials when requesting state assistance or declaring local emergencies or disaster. 3. Review Local Emergency Operations Plan to include recovery responsibilities for agencies. 4. Provide training to agencies regarding their roles in recovery. 960626 OF'Coaa �� , ' STATE of Colorado h is•5 • * OFFICE OF EMERGENCY MANAGEMENT 7s7s MEMORANDUM Date: March 28, 1996 To: Emergency Managers of SLA Jurisdictions receiving emergency management funds from the state From: Tommy F. Grier, Director Umbrella Contract for Emergency enc ManagementFunding g y Enclosed you will find three copies of a contract between the State of Colorado (Department of Local Affairs) and your jurisdiction for emergency management funded activities. State fiscal rules require that in order for state government to provide funds to a local government, it must be done by contract. The Department of Local Affairs has had a special dispensation from the State Controller to use a grant award process pending approval of a contract format by an interdepartmental contract team. This special dispensation ends April 1, 1996. To continue to provide your jurisdiction with funds it must be done under contract. Fortunately, the state interdepartmental team has approved an umbrella contract which will cover all funding we provide to your jurisdiction. This contract will be signed once and remain in affect for a period of five years. Grant Award Letters, like those presently being used, would be issued under the contract for each separate grant award made, specifying the dollar amount, scope of work, performance period, and any special conditions related to that specific grant award. Except for the umbrella contract, all other processes remain the same. If this umbrella contract concept had not been approved, we would have had to issue a separate contract for each award. It is requested that you have the appropriate local authority sign and return two copies of the contract, keeping the third copy for the jurisdiction's files. Once the contracts are finalized and signed by all parties, a final signed copy will be returned to you to replace the previous copy. If you have any questions, please contact me or one of the following members of my staff - Len Boulas, Dave Holm, Mike Reddy or Polly White. I don't believe you or the county staff will find anything unusual in the contract boiler plate. It leaves little room for any misunderstandings that might arise over emergency management grant awards. Your assistance in this matter is appreciated. Bottom line, we can't provide new grant dollars after the 1st of April without a signed contract in place. Enclosures 15075 S. Golden Road Golden, Colorado 80401 1303) 273-1622 960626 STATE OF COLORADO OFFICE OF EMERGENCY MANAGEMENT DEPARTMENT OF LOCAL AFFAIRS Tommy F. Grier,Ir. -Director Division of Local Government orc• OEM Grant Award Letter *W.* Amendment Two a ra76 a INITIAL AWARD_ INCREASE x DECREASE_CHANGE_ Roy Romer .y .�. .. .. � . Governor Cony Kaltenberger 1. Contract Logging Inquiry Number(CLIN):01501 Executive Director Harold A.Knott 2. Encumbrance Number:60EM77945 Director 3. Accounting Line: SLA-96 CFDAB:83.534 COFRS: SBLO/779/F679/3779 4. Vendor Number: 846000813 N 5. Master Contract Number: 60EM45 6. Award Made to Sub-Grantee: Weld County Board of County Commissioners WCSO/OEM-910 Tenth Ave Greeley,CO 80631-3873 Ed Herring, Director,Weld County Office of Emergency Management 7. This Award Amount S 11,500 Total Awarded To Date: S 23,000 Amount Requested S 46,298 Note: Grant Award amount may be increased or decreased by year-end reallocation of funds.Percentage of total reimbursement shall not exceed 50%of total eligible expenses. 6. Performance Period: October 1, 1995 to September 30,1996 9. Purpose:-The Colorado Office of Emergency Management(OEM),through an agreement with the Federal Emergency Management Agency(FEMA),distributes State and Local Assistance federal funds to qualified local governments foremergency management. 10.Scope: -As approved by the Colorado Office of Emergency Management, funded activities include up to one-half of the expenses for salaries,benefits, travel,office supplies, administrative equipment, rent, maintenance of office space,utilities,and insurance. This work is based upon the Annual Program Paper(OEM Form 20)and the Staffing Pattern/Budget Retied(OEM Form 7), previously submitted under the annual EMA Grant Program. 11. Grant Considerations: : -Attached are copies of the fiscal terms and conditions entered by the State and the aforementioned government jurisdiction(Attachment A). All attachments hereto are incorporated by reference. 12. Reviewed By r v I r? (kJk,-�c Date: _6/14/96_ 13.Issued By: Division of Local Government 14. Approved: State Controller,Clifford W. Hall C?& =C fir. /40' nyL Date: 6,//-'1/rPi_= , OAL. / Harold A. Knott, Director G , - Date: b/1b k, NOTE This Award Letter es as notice to proceed with work approved under this grant. Acceptance of the grant implies agreement with the terms and conditions as stated in the master contract and the attachments to this award letter. Page 1 of 1 15075 South Golden Road, Golden,Colorado 80401-3979 (303)273-1622 FAX(303)273-1795 TDD(303)273-1794 Hello