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HomeMy WebLinkAbout20232472PREPAREDNESS PARTNERS, LLC PROJECT TITLE Northeast All -Hazards Region (NEAHR) / Weld F.A. 9/29/2025 OVERVIEW Preparedness Partners LLC is pleased to submit this proposal to the Northeast All - Hazards Region and Weld County, the acting Regional Fiscal Agent, to support the development and submission of Agency applications for existing HSGP funding. Eight (8) Agencies have been identified as "new applicants" for HSGP funding (1- Yuma County, 2- Washington County, 3- Frederick Firestone Fire District, 4- City of Greeley, 5- Sedgwick Volunteer Fire Department, 6- Morgan County, 7- Phillips County, 8- City of Fort Collins) and will be provided the following application support: ❑ DHSEM grant application spreadsheet — 1 per applicant agency ❑ EMGrants Pro Set -Up using agency provided information* ❑ EMGrants Pro application — 1 per applicant agency ❑ Project Investment Justifications — for priority area projects that require them PROPOSAL Preparedness Partners LLC will provide the following services: Application Spreadsheet and EMGrants Pro Application Support: Working with an agency contact we will gather agency details and complete a DHSEM grant spreadsheet and EMGrants Pro online application, after agency set-up in EMGrants Pro. Investment Justifications will be developed with the applicant agency, if required. This proposal does not include any long-term grant management or reporting support. Assumptions regarding NEAHR Applicant Agencies: Concerns or issues will be presented to the Consultant in writing as soon as identified. Full and prompt resolution of any concern is top priority. Proposed timelines are dependent on timely input from partners and stakeholders. All Applicant Agencies will be responsible for all grant management and reporting after application is submitted as part of this contracted support. *Agencies must provide agency details for the grant applications. Failure or delay providing this required information will result in delayed applications. Preparedness Partners, LLC PRICING & TIMELINE The following table provides an overview of the proposed deliverables and pricing for the Agency Application Support services. Description of Phase & Deliverables Estimated Timeline Cost Agency Applications (8) Complete by January 31, 2026 $40,000 ❑ DHSEM grant application spreadsheet — 1 per Applicant Agency (8 total) ❑ EMGrants Pro Set -Up using agency provided information* ❑ EMGrants Pro application — 1 per Applicant Agency (8 total) ❑ Project Investment Justifications — for priority area projects requiring them Costs for shipping, regional software and other project costs January 31, 2026 $1,500 Flat cost for shipping of contract documents, computer software renewal costs for regional computer equipment (Microsoft, Adobe, Zoom), travel to agencies for meetings necessary for application completion, and other potential project costs. Total January 31, 2026 $41,500 Disclaimer: The prices listed are an estimate for the services discussed. Estimates are subject to change if project specifications, deliverable or other costs for outsourced services change before the contract is executed. Invoices will be provided upon submission of all Applicant Agency grant applications. Preparedness Partners, LLC 2 Contract Form Entity Information Entity Name* Entity ID* PREPAREDNESS PARTNERS LLC @00047481 Contract Name* Contract ID PREPAREDNESS PARTNERS LLC CONTRACT 10035 AMENDMENT Contract Status CTB REVIEW Contract Lead * RWILLIAMS Q New Entity? Parent Contract ID 20232472 Requires Board Approval YES Contract Lead Email Department Project # rwilliams@weld.gov;cpatt elli@weld.gov Contract Description* IN AUGUST 2023, THE COUNTY ENTERED INTO A PROFESSIONAL SERVICE AGREEMENT WITH PREPAREDNESS PARTNERS LLC TO ACT AS THE NORTHEAST ALL HAZARDS REGION (NEAHR) HOMELAND SECURITY GRANT COORDINATOR. THIS AGREEMENT WAS RENEWABLE ANNUALLY THROUGH AUGUST 2028. Contract Description 2 THIS AMENDMENT ADDS ADDITIONAL SCOPE, ALLOWING PREPAREDNESS PARTNERS TO SUPPORT THE DEVELOPMENT AND SUBMISSION OF 8 NEW AGENCY GRANT APPLICATIONS ON BEHALF OF NE REGION PARTNER AGENCIES. Contract Type" AMENDMENT Amount* $132,545.00 Renewable* NO Automatic Renewal Grant IGA Department ACCOUNTING Department Email CM- Accounting@weld.gov Department Head Email CM-Accounting- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Requested BOCC Agenda Due Date Date* 11/06/2025 11/10/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 11/10/2025 Committed Delivery Date Renewal Date Expiration Date* 06/30/2026 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 11/12/2025 Approval Process Department Head Finance Approver Legal Counsel RUSTY WILLIAMS CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 11/12/2025 11/12/2025 11/12/2025 Final Approval BOCC Approved Tyler Ref # AG 111725 BOCC Signed Date Originator RWILLIAMS BOCC Agenda Date 11/17/2025 0,on ac+t'D q"1Z0 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Preparedness Partners LLC Contract Amendment (NEAHR Homeland Security Grant Coordinator Professional Services Agreement) DEPARTMENT: Accounting DATE: 6/26/2025 PERSON REQUESTING: Rusty Williams Brief description of the problem/issue: In August 2023, the County entered into a professional service agreement with Preparedness Partners LLC to act as the Northeast All Hazards Region (NEAHR) Homeland Security Grant Coordinator. This agreement was renewable annually through August 2028. During a work session on 6/9/25, however, the BOCC elected to relinquish Fiscal Agent responsibilities for the NEAHR homeland security grant due to uncertainties around the grant funding and the County's ability to get reimbursed for expenditures. As a result of this decision, we are reducing the annual compensation paid to Preparedness Partners due to the change in scope and terminating the agreement with them in June 2026. What options exist for the Board? Consequences: Impacts: Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Recommendation: Staff recommends placing the contract amendment on the agenda at an upcoming BOCC meeting for approval. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette•Peppler Kevin D. Ross 0,01 linffirga- -�� arcs cc; ovk (Fib otti em 00z0 Ft001� AGREEMENT AMENDMENT BETWEEN WELD COUNTY AND PREPAREDNESS PARTNERS LLC ,inThis Agreement Amendment made and entered into tuiay of 3 2025 by and between the Board of Weld County Commissioners, hereinafter re rred to as the "County", and Preparedness Partners LLC, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement for professional services for northeast all -hazards region homeland security grant coordinator, (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2023-2472, approved on August 21, 2023. WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of the Original Agreement and any previously adopted amendment, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement was set to end on August 31, 2024. • The Original Agreement was amended on: • June 24, 2024, to (extend the term date through August 31, 2025). • The Amendments are identified by the Weld County Clerk to the Board of County Commissioners as document number 2024-8402. • These Amendments, together with the Original Agreement, constitutes the entire understanding between the parties. The following additional changes are hereby made to the current Agreement. 1. The parties intend to terminate the agreement as of June 30, 2026. 2. Annual compensation will decrease from $115,000 to $91,045 to reflect a change in scope. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: V) :, BOARD OF COUNTY COMMISSIONERS BY: Clerk to the Board Deputy Clerk to the B WELD COUNTY, COLORADO -6), uck, Chair JUL 1 6 2025 TRACTOR: reparedness Partners LLC 11016 County Road 23 Fort Lupton CO 80621 By: ,tI c042 [axt ,&, Owner [Signature Authority], [Title] Date: 6/26/2025 zoZ3-Z4'lL Northeast All -Hazard Region Contracted Regional Homeland Security Coordinator Scope of Work POSITION TITLE Regional Homeland Security Coordinator PRIMARY RESPONSIBILITIES ➢ Homeland Security Grant management and support to Weld County, grant fiscal agent. ➢ Support and facilitation of the annual grant process. ➢ Support of the Northeast All -Hazards Region (NEAHR) Steering Committee. POSITION SUMMARY The Northeast All Hazards Region (NEAHR) contracted Regional Homeland Security Grant Coordinator serves as liaison within the All -Hazards Region between the NEAHR Steering Committee and partners, the region's Fiscal Agent (FA), the Division of Homeland Security and Emergency Management (DHSEM) Office of Grants Management. The Regional Homeland Security Coordinator reports to the Regional Steering Committee for grant decisions, guidance and grant requirements, and supports the region's Fiscal Agent Weld County with completion of grant projects, procurement and reimbursement processing, and meeting grant deadlines on behalf of the NEAHR. The coordinator's primary responsibility is supporting the administration of the region's annual State Homeland Security Grant (SHSG) program and closing out Weld County in the role of the Fiscal Agent. The Homeland Security grant coordinator will: • Support the transition of regional Fiscal Agents, from Weld County to a new fiscal agent within the Northeast Region, or to DHSEM, before June 30, 2026. • Support completion of the region's open State Homeland Security grant projects, using federal and state guidelines to ensure compliance of grant activities and reimbursements. • Manage and coordinate annual grant application process for partners in the Northeast region and complete the State Homeland Security Grant (SHSG) application to DHSEM. That includes the following actions: Regional HS Grant Coordinator Scope of Work - Update June 2025 1 Draft 2025 guidance and regional application if NOFO is released Receive annual grant applications and supporting documents for regional applicants and compile grant packet for annual grant review workshop o Facilitate annual grant prioritization meetings with NEAHR steering committee o Complete annual grant application and submit to DHSEM before the deadline o Compiles approved project lists and notifies applicants of regional grant process o Manages and processes grant Scope Changes, modifications, extension requests o Submits grant closeout documentation and processes requests in EMGrants Pro Assist local agencies in preparing and submitting Environmental and Historic Preservation (EHP) reviews to FEMA through DHSEM (as required) • Supports implementation of NEAHR grant funding with the Fiscal Agent ® Develop and submit quarterly progress reports as required to DHSEM © Support development and submission of quarterly reimbursement requests (RFR) • Maintain email contact and distribution lists for the steering committee, voting members, general members and stakeholders Maintain NEAHR policies and procedures Coordinate quarterly NEAHR Steering Committee meetings • Attend Homeland Security coordinator meetings with the DHSEM ® Support response to grant auditors, including DHSEM and FEMA © Update the region's inventory data with new items, per policy REPORTING RELATIONSHIP The Homeland Security coordinator position is contracted by the region's fiscal agent Weld County, in support of the NE All -Hazards Region While this position serves the All -Hazards Region in accordance with direction provided by the Chairperson, their designee, and the NEAHR Steering Committee, close working relationships are fostered with DHSEM and the regional fiscal agent, Weld County The Chairperson and Steering Committee members guide the work of the coordinator, in accordance with fiscal agent policies, procedures and requirements STATUS This position has previously been contracted through Weld County This contract modification dated July 1, 2025, through June 30, 2026, or earlier if grant years are closed out ahead of schedule, will support the completion and close-out of open Homeland Security Grants within Weld County, and close-out Weld as FA, minimizing regional programmatic support This contract will be paid based on the fee schedule set forth below, which was established based on the estimated time required to complete various grant support activities throughout the next year ▪ The NEAHR approve monthly contract amount was established last year at $9,583 33 monthly (100%) or $2,396 weekly (25%) This amount was used to estimate totals • Billed totals may be less than estimated (table 1), but will not be billed at more than estimated, unless approved by Weld County ® Monthly billed totals may vary, but the total amount available $91,045 32 will not be exceeded, unless approved by Weld County, if necessary for grant management Regional HS Grant Coordinator Scope of Work - Update June 2025 2 Monthly Estimated Support Totals (up to $83,857.32) July 2025 $9,583.33 (100%) August 2025 $9,583.33 (100%) September 2025 $7,188 (75%) October 2025 $7,188 (75%) November 2025 $7,188 (75%) December 2025 $4,792 (50%) January 2026 $4,792 (50%) February 2026 $9,583.33 (100%) March 2026 $4,792 (50%) April 2026 $4,792 (50%) May 2026 $9,583.33 (100%) June 2026 $4,792 (50%) Table 1 There is an expectation of travel by the coordinator to attend meetings and events within the region and state, with travel costs being reimbursable. These include mileage reimbursement (at the Weld County rate), hotels for travel over 50 miles, and per diem for travel days at the Weld County approved rate. All travel costs must fall within the annual grant budgets. Costs incurred as part of this grant funding including regional small equipment, necessary office supplies, pre -approved food and meeting costs will be paid by the contractor and reimbursed monthly, per available annual grant budgets and project lines. Regional HS Grant Coordinator Scope of Work - Update June 2025 3 Contract Form Entity Information Entity Name* Entity ID* PREPAREDNESS PARTNERS LLC @00047481 Contract Name* Contract ID PREPAREDNESS PARTNERS LLC CONTRACT 9720 AMENDMENT Contract Status CTB REVIEW Contract Lead * RWILLIAMS ❑ New Entity? Parent Contract ID 20232472 Requires Board Approval YES Contract Lead Email Department Project # rwilliams@weld.gov;cpatt elli@weld.gov Contract Description* IN AUGUST 2023, THE COUNTY ENTERED INTO A PROFESSIONAL SERVICE AGREEMENT WITH PREPAREDNESS PARTNERS LLC TO ACT AS THE NORTHEAST ALL HAZARDS REGION (NEAHR) HOMELAND SECURITY GRANT COORDINATOR. THIS AGREEMENT WAS RENEWABLE ANNUALLY THROUGH AUGUST 2028. Contract Description 2 DURING A WORK SESSION ON 6/9/25, HOWEVER, THE BOCC ELECTED TO RELINQUISH FISCAL AGENT RESPONSIBILITIES FOR THE NEAHR HOMELAND SECURITY GRANT DUE TO UNCERTAINTIES AROUND THE GRANT FUNDING AND THE COUNTY'S ABILITY TO GET REIMBURSED FOR EXPENDITURES. Contract Type* AMENDMENT Amount* $91,045.00 Renewable* NO Automatic Renewal Grant IGA Department ACCOUNTING Department Email CM- Accounting@weld.gov Department Head Email CM-Accounting- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Requested BOCC Agenda Date * 07/14/2025 Due Date 07/10/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 07/10/2025 Committed Delivery Date Renewal Date Expiration Date* 06/30/2026 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel RUSTY WILLIAMS CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 07/10/2025 07/11/2025 07/11/2025 Final Approval BOCC Approved Tyler Ref # AG 071625 BOCC Signed Date Originator RWILLIAMS BOCC Agenda Date 07/16/2025 C pn-�va cfi (DPI -S4 02 AGREEMENT AMENDMENT BETWEEN WELD COUNTY GOVERNMENT AND PREPAREDNESS PARTNERS LLC This Agreement Amendment, made and entered into 24th day of _June, 2024, by and between the Board of Weld County Commissioners, , hereinafter referred to as the "County", and Preparedness Partners LLC, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement for a homeland security _grant coordinator identified by the Weld County Clerk to the Board of County Commissioners as document No. 2023-2472, approved on August 12.9 WHEREAS the parties hereby agreh to amend the term of the Original Agreement in accordance with the terms of the Original Agreement and any previously adopted amendment, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on April 30, 2024. These Amendments, together with the Original Agreement, constitutes the entire understanding between the parties. The following additional changes are hereby made to the current Agreement: 1. Annual Compensation will increase from $100,000 ($8,333.33 per month) to $115,000 ($9,583.33 per month) All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, year first above written. and WserAtA) Co. O;11 COUNTY: ATTEST•BOARD OF COUNTY COMMISSIONERS lerk to the Board WELD COUN BY: Deputy Cle ConSkArF uiz4/2'0 Kevin D. Ross, Chair CONTRACTOR Preparedness Partners LLC 11016 County Road 23 Fort Eamon. CO 811621 By: [S`lgnature Authority], [Title] Date:1411W 2 JUN 2 4 2024 (ict-c)67), r/(6°) ta(o) (//o2 Li/9Q- ‘, ion- 241Z CM 0020 x"100-1`6 Contract Entity Information Entity Name" Entity ID" PREPAREDNESS PARTNERS LLC @00047481 O New Entity? Contract Name* Contract ID PREPAREDNESS PARTNERS LLC CONTRACT 8402 AMENDMENT Contract Status CTB REVIEW Contract Lead * CDOVIDIO Contract Lead Email cdovidio@weldgov.com;c pattell i@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* IN AUGUST 2023 THE COUNTY ENTERED INTO AN AGREEMENT WITH PREPAREDNESS PARTNERS LLC TO ACT AS THE NORTHEAST ALL HAZARDS REGION HOMELAND SECURITY GRANT COORDINATOR. THE TERMS OF THE ORIGINAL AGREEMENT INCLUDED AND ANNUAL SALARY OF $100,000. Contract Description 2 THE NORTHEAST REGION VOTED TO INCREASE THE COORDINATORS ANNUAL SALARY TO $115,000 EFFECTIVE MAY 1, 2024. THE INCREASE TO THE GRANT COORDINATOR SALARY WILL BE FUNDED BY ADDITIONAL DIVISION OF DIVISION OF HOMELAND SECURITY GRANT FUNDS Contract Type * AMENDMENT Amount* $11 5,000.00 Renewable* YES Automatic Renewal Grant IGA Department ACCOUNTING Department Email CM- Accounting@weldgov.com Department Head Email CM-Accounting- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Due Date Date* 06/20/2024 06/24/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date 08/13/2024 Renewal Date" 08/13/2024 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel CHRIS D'OVIDIO CHRIS D'OVIDIO BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 06/18/2024 06/18/2024 06/19/2024 Final Approval BOCC Approved Tyler Ref # AG 062424 BOCC Signed Date Originator CDOVIDIO BOCC Agenda Date 06/24/2024 RESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR NORTHEAST ALL -HAZARDS REGION HOMELAND SECURITY GRANT COORDINATOR AND AUTHORIZE CHAIR TO SIGN - PREPAREDNESS PARTNERS, LLC 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 Professional Services Agreement for the Northeast All -Hazards Region Homeland Security Grant Coordinator between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance Administration and the Office of Emergency Management, and Preparedness Partners, LLC, commencing September 1, 2023, and ending August 31, 2024, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Professional Services Agreement for the Northeast All -Hazards Region Homeland Security Grant Coordinator between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance Administration and the Office of Emergency Management, and Preparedness Partners, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of August, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST. Weld County Clerk to the Board BY' Utdrck Deputy Clerk to the Board APP' •' ED ORM: Coun y ttorney Date of signature: /41z.3 cc:dEM(R I(cP/TA $IGT(cD) 09 AA /23 Meman, Chai Perry L. Bu,' , Pro-Tem c tt K. James D. Ross aine 2023-2472 EM0020 FI0078 Confracf I1)#"731-1 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: DEPARTMENT: PERSON REQUESTING: NEAHR Homeland Security Grant Coordinator Professional Services Agreement- (Preparedness Partners, LLC) Finance Cheryl Pattelli and Chris D'0vidio DATE: 8/10/23 Brief description of the problem/issue: Weld County is the Fiscal Agent (FA) for the Homeland Security Grant Program- Northeast All -Hazards Region This grant provides approx $500K in funding for the region annually and has a contracted Grant Coordinator The coordinator's primary responsibilities are to foster the development of prevention & preparedness programs and facilitate the administration of the program in coordination with the FA (Exhibit B contains Coordinator's Scope of Work) The NEAHR Board voted in support of continuing the contract with Preparedness Partners, which was bid out in 2019 by the previous FA. What options exist for the Board? 1) Approve the contract 2) Do not approve the contract and go out to bid for another Coordinator 3) Do not approve the contract and hire an internal Coordinator (addition to Weld County staff) Consequences: The Coordinator role is a vital role for administration of this grant. There currently is no one in-house who has the expertise or bandwidth to take on this role. Impacts: Without this position meeting grant requirements may be at risk, potentially losing the grant funding for the region Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years: The annual contract is not to exceed $100,000 plus expenses All costs associated with the Coordinator are paid for with grant funds. Recommendation: Staff recommends moving the contract to an upcoming BOCC meeting for approval by the full Board. Attached is the professional service agreement with exhibits. Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Support Recommendation Schedule Place on BOCC A•enda Work Session Other/Comments: • erfrte—atinittfel fit,,. esa l , 2023-2472 N4OZX) rIU0�8 Cheryl Hoffman From: Sent: To: Cc: Subject: Approve Sent from my iPhone Mike Freeman Friday, August 11, 2023 10:14 AM Kevin Ross Cheryl Hoffman; Scott James; Lori Saine; Perry Buck; Karla Ford Re: Pass Around - Please review On Aug 11, 2023, at 9:47 AM, Kevin Ross <kross@weld.gov>wrote: Approve Kevin Ross From: Cheryl Hoffman <choffman@weld.gov> Sent: Friday, August 11, 2023 9:46:27 AM To: Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Kevin Ross <kross@weld.gov>; Lori Saine <Isaine@weld.gov> Cc: Perry Buck <pbuck@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Karla Ford <kford@weld.gov> Subject: Pass Around - Please review Good morning, commissioners, Please review the attached pass around and let me know if you approve of its placement on your agenda. Thank you so much! PS Perry has already reviewed. Thank you, Perry. Cheryl L. Hoffman Deputy Clerk to the Board 1150 0 Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weld.gov Cheryl Hoffman From: Sent: To: Cc: Subject: Approve - thanks! Scott James Friday, August 11, 2023 10:16 AM Mike Freeman Kevin Ross; Cheryl Hoffman; Scott James; Lori Saine; Perry Buck; Karla Ford Re: Pass Around - Please review Scott K. James Weld County Commissioner, District 2 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 970.336.7204 (Office) 970.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. On Aug 11, 2023, at 10:14 AM, Mike Freeman <mfreeman@weld.gov>wrote: Approve Sent from my iPhone On Aug 11, 2023, at 9.47 AM, Kevin Ross <kross@weld.gov> wrote: Approve Kevin Ross From: Cheryl Hoffman <choffman@weld.gov> Sent: Friday, August 11, 2023 9:46:27 AM To: Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Kevin Ross <kross@weld.gov>; Lori Saine <Isaine@weld.gov> Cc: Perry Buck <pbuck@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Karla Ford <kford@weld.gov> Subject: Pass Around - Please review Good morning, commissioners, 1 Cheryl Hoffman From: Sent: To: Cc: Subject: Approve Kevin Ross Kevin Ross Friday, August 11, 2023 9:47 AM Cheryl Hoffman; Mike Freeman; Scott James; Lori Saine Perry Buck; Cheryl Hoffman; Karla Ford Re: Pass Around - Please review From: Cheryl Hoffman <choffman@weld.gov> Sent: Friday, August 11, 2023 9:46:27 AM To: Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Kevin Ross <kross@weld.gov>; Lori Same <Isaine@weld.gov> Cc: Perry Buck <pbuck@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Karla Ford <kford@weld.gov> Subject: Pass Around - Please review Good morning, commissioners, Please review the attached pass around and let me know if you approve of its placement on your agenda. Thank you so much! PS Perry has already reviewed. Thank you, Perry. Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weld.gov 1 Cheryl Hoffman From: Sent: To: Subject: yes Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400 4205 Fax: 970-336-7233 Email: Isaine@weldgov.com Website: www.co.weld.co.us In God We Trust Lori Saine Friday, August 11, 2023 10:17 AM Cheryl Hoffman RE: Pass Around - Please review Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weld.gov> Sent: Friday, August 11, 2023 9:46 AM To: Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Kevin Ross <kross@weld.gov>; Lori Saine <Isaine@weld.gov> Cc: Perry Buck <pbuck@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Karla Ford <kford@weld.gov> Subject: Pass Around - Please review Good morning, commissioners, Please review the attached pass around and let me know if you approve of its placement on your agenda. Thank you so much! 1 PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND PREPAREDNESS PARTNERS, LLC THIS AGREEMENT is made and entered into this 20 -day of August, 2023, by and between the Board of Weld County Commissioners, on behalf of Department of Finance, hereinafter referred to as "County," and Preparedness Partners, LLC hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of a Letter of Support from the Northeast All -Hazards Steering Committee, recommending the current contractor continue in support of the NEAHR. Exhibit B consists of a Scope of Work for the homeland security coordinator role. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. boa 3 - a 412- 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $100,000 annually, paid $8,333.33 monthly as set forth in the Exhibits. Reimbursement of 2 approved costs, incurred by the Contractor for required travel (mileage at Weld County approved rate, hotels for travel over 50 miles, per diem for overnight travel) or small equipment purchased on behalf of the grant including: office supplies, small equipment, food or meeting costs, and other approved costs, shall be reimbursable, per available annual grant funding. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, 3 all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of 4 the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance. Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 5 d. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 6 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Nicole Cantrell Position: Owner Address: 11176 County Road 23 Address: Fort Lupton, CO 80621 E-mail: Nicole@preparednesspartners.com Phone: 303-720-1162 TO COUNTY: Name: Cheryl Pattelli Position: Chief Financial Officer Address: 1150 O Street Address: Greeley, CO 80631 E-mail: Cheryl.Pattelli@weld.gov Phone: 970-400-4000 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 7 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any 8 provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the subcontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 9 32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: PREPAREDNESS PARTNERS, LLC By: ,t%z J2 �22 I Name: Nicole Cantrell Title: Owner, Preparedness Partners, LLC 8/9/2023 Date of Signature WELD COVVY, ATTEST: �j .W •�C�LD' Weld •u ty Clerk to th• Board BY: Deputy Clerk to BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair AUG 2 3 2023 EXHIBIT A Northeast All -Hazard Region To: Cheryl Pattelli, Weld County Chief Financial Officer The Northeast All Hazards Region (NEAHR) has always contracted a Regional Homeland Security Coordinator to serve as liaison within the All -Hazards Region between the NEAHR Steering Committee, the region's Fiscal Agent Weld County and their grants' staff, the Division of Homeland Security and Emergency Management (DHSEM) Office of Grants Management (OGM), and among local agencies and partners. Nicole Cantrell of Preparedness Partners, LLC was hired in February 2020 to serve in the role of Homeland Security Coordinator. A competitive hiring process was completed by the City of Greeley, the most recent regional Fiscal Agent, with multiple applicants for the position. After interviewing, the NEAHR hiring panel unanimously decided to offer the contracted position to Preparedness Partners, LLC. The City of Greely has a contract and funding to pay the contractor Preparedness Partners through August 31, 2023. Nicole Cantrell has been able to successfully support the region in the transition of fiscal agents, and with the management and coordination of annual Homeland Security Grant Program funding. The NEAHR Steering Committee recommends that Weld County contract with Preparedness Partners, LLC on behalf of the region beginning September 1, 2023, in continuance of the ongoing grant support for the All -Hazards Region. This position has been an ongoing contract, but funding is normally allocated for 12 -month periods, renewable annually. The NEAHR has determined the annual contract amount to be set at $100,000, paid monthly at a set fee of $8,333.33 monthly. Travel, mileage, and reimbursable grant costs for equipment, food and other grant purchases are approved for reimbursement outside of the $100,000 annual contract amount, per available annual grant budgets. Please let us know if you have any concerns or questions about this recommendation to retain Preparedness Partners, LLC as the Northeast Region Homeland Security grant coordinator, contracted by the region's fiscal agent Weld County. Thank you, Rob Crowder, NEAHR Chairperson Merrie Garner, NEAHR Co -Chairperson EXHIBIT B Northeast All -Hazard Region Contracted Regional Homeland Security Coordinator Scope of Work SCOPE OF WORK The Northeast All Hazards Region (NEAHR) contracted Regional Homeland Security Coordinator serves as liaison within the All -Hazards Region between the NEAHR Steering Committee, the region's Fiscal Agent Weld County and their grants' staff, the Division of Homeland Security and Emergency Management (DHSEM) Office of Grants Management (OGM), and among local agencies and partners. The Regional Homeland Security Coordinator reports directly to the Regional Steering Committee for grant decisions, guidance and grant requirements, following all fiscal agent (Weld County) policies and procedures. The coordinator's primary responsibilities are to foster the development of All -Hazard prevention and preparedness programs within the region and to facilitate the administration of the region's annual State Homeland Security Grant (SHSG) program, in support of the regional fiscal agent Weld County, the NEAHR and DHSEM. The contracted regional Homeland Security coordinator will: In coordination with the region's fiscal agent Weld County and their contracted fiscal analyst, provides planning support for annual State Homeland Security grant funding. Provides State Homeland Security Grant (SHSG) guidance and support for each regional Homeland Security grant to NEAHR and Weld County, ensuring completion of any specified grant deliverables and focus on priority areas. Coordinates annual grant application process for partners in the Northeast All -Hazards Region, including completion of the annual State Homeland Security Grant (SHSG) application to DHSEM on behalf of the fiscal agent Weld County. o Draft of annual grant guidance for NEAHR approval and supports issuance of guidance and application period to NE regional partners. Receives and coordinates annual grant applications and supporting documents for regional applicants, compiling for annual grant review workshop. o Facilitates annual grant prioritization meetings with NEAHR steering committee. o Compiles approved project lists. o Coordinates with fiscal agent on approval of annual grant application. o Coordinates with fiscal agent on approval of final annual SHSG grant contract. Supports regional grant projects to meet regional goals and objectives, working directly with fiscal agent on procurement and processing. Provides quarterly reports and updates to regional stakeholders and steering committee members of the Northeast All -Hazard Region. Maintains email contact and distribution lists for steering committee, general members and stakeholders. Facilitates the development of region -wide NEAHR policies and procedures, as directed by the NEAHR and DHSEM. • Provides support and facilitation of requested regional trainings and exercises. • Attends scheduled Homeland Security coordinator meetings with the DHSEM. • Attends state and federal trainings, workshops and conferences to gather resources and information pertinent to the grant program. • Facilitates quarterly Regional All -Hazard Stakeholders and Steering Committee meetings. • Verification of submission of quarterly grant narratives and reports by the fiscal analyst. • In cooperation with fiscal analyst, supports response to grant auditors, including DHSEM and FEMA. In cooperation with fiscal analyst, supports the management of the region's inventory tracking system. Perform other tasks required in support of the HSGP grant, as determined by the NEAHR Steering Committee. REPORTING RELATIONSHIP The regional Homeland Security coordinator is a position contracted by the region's fiscal agent Weld County, on behalf of and in support of the All -Hazards Region. While this position serves the All -Hazards Region in accordance with direction provided by the Chairperson, their designee, and the NEAHR Steering Committee; close working relationships must be fostered with DHSEM and the regional fiscal agent Weld County. The Chairperson and Steering Committee members guide the work of the coordinator, in accordance with fiscal agent policies, procedures and requirements, and bound by the contractual obligations contained in the fiscal agent contract. STATUS This position is contracted for 12 months, renewable annually. The NEAHR has determined the annual contract amount to be $100,000, paid monthly to the coordinator in a set fee of $8,333.33. • This amount is evaluated each year by the NEAHR in February during the grant review workshop, and recommended or required changes are determined at that time. There is an expectation of travel by the coordinator to meetings and events within the region and across the state, with any travel costs being reimbursable. These include mileage reimbursement (at the Weld County rate), hotels for travel over 50 miles, and per diem for travel days at the Weld County approved rate. All travel costs must fall within annual grant budgets. Costs incurred as part of this grant funding including small equipment, office supplies, pre - approved food and meeting costs may be paid by the contractor and are reimbursable, per available annual grant budgets. 2 Contract Form New Conn Entit leques Satan Entity Name. PREPAREDNESS PARTNERS LLC Entity ID* @0O047481 Contract Name NEAHR HOMELAND SECURITY GRANT COORDINATOR PROFESSIONAL SERVICES AGREEMENT Contract Status CTB REVIEW ❑ New Entity? Contract ID 7317 Contract Lead. CPATTELLI Contract Lead Email cpatt e l l kco.we l d. c o. u s Parent Contract ID Req YES Department Project # Contract Description* NEAHR HOMELAND SECURITY GRANT COORDINATOR PROFESSIONAL SERVICES AGREEMENT WITH PREPAREDNESS PARTNERS, LLC Contract Description 2 Contract Type* AGREEMENT Amount* $100,000.00 Renewable* YES Automatic Renewal Grant If this is a ren Department FINANCE Department Email CM-FinanceiWweldgov.com Department Head Email CM -Finance - Dept Head ?wvel dgov, com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELDG EY@W ELDG OV,COM Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date * 08:15/2023 Due Date 08/'12/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Can Da Effective Date Review Date. 08:14/'2023 Renewal Date 0$' 14x``2024 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel CHERYL PATTELLI CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 08 14, 2023 08; 14 2023 08 14 2023 Final Approval BOCC Approved Tyler Ref # AG 082123 BOCC Signed Date BOCC Agenda Date 08/21,2023 Originator CPATTELLI Hello