HomeMy WebLinkAbout20195048.tiffRESOLUTION
RE: APPROVE GRANT AGREEMENT FOR PRE -DISASTER MITIGATION PROGRAM
(HAZARD MITIGATION PLAN UPDATE) AND AUTHORIZE CHAIR TO SIGN LETTER
OF ACCEPTANCE
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 Grant Agreement for the Pre -Disaster
Mitigation Program (Hazard Mitigation Plan Update) between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Office of Emergency Management, the U.S. Department of Homeland Security, Federal
Emergency Management Division, and the Colorado Division of Homeland Security and
Emergency Management, commencing on October 2, 2019, and ending April 1, 2021, 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 Grant Agreement for the Pre -Disaster Mitigation Program (Hazard
Mitigation Plan Update) between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Office of Emergency Management,
the U.S. Department of Homeland Security, Federal Emergency Management Division, and the
Colorado Division of Homeland Security and Emergency Management, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Letter of Acceptance.
cG: oc.xy c c2,i;), acTc(3cic0)
o /23/20
2019-5048
EM0018
GRANT AGREEMENT FOR PRE -DISASTER MITIGATION PROGRAM (HAZARD MITIGATION
PLAN UPDATE)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of December, A.D., 2019, nunc pro tunc October 2, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLODO
ATTEST: d);L
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APP V 'D AS T
At . rney
Date of signature: i1/l1(//
Steve Moreno
EXCUSED
aarbara Kirkmeyer,
i
hair
Mike Freeman, Pro -Tern
Sean P Conway
. James
2019-5048
EM0018
Cor-Pfrac+ 1O 39g.
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 2019-2020 Hazard Mitigation Planning Grant
DEPARTMENT: OEM DATE: 11-21-19
PERSON REQUESTING: Roy Rudisill
Brief description of the problem/issue:
Commissioners, attached is the State Letter of Agreement and supporting documentation for the 2019-2020
Hazard Mitigation Planning Grant. The BOCC approved our application in Dec of 2018, this grant funding will
help pay for a contractor to complete an update to our Hazard Mitigation Plan. This is a Federal requirement
that we complete an update every five years.
The Federal Funding is 60,000.00 with a 20,000.00 required match for a total of 80,000.00 for the project. I
have worked with Don Warden during the budget process to budget the matching funds.
I request that you allow me to add this document to the BOCC agenda for approve and signing of the agreement
letter. This will allow use to move forward with the project.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Sign the agreement letter, this will allow use to move forward with the project and receive the grant funding.
Decline the grant funding, this will not change the need to complete the project, but will require the County to
pay for the full cost of the project.
Recommendation:
Sign the agreement letter.
Approve
Recommendation
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
/O2/1
Schedule
Work Session
Other/Comments:
2019-5048
&MOO ►8'
COLORADO
Division of Homeland Security
& Emergency Management
Department of Public Safety
.e FEDERAL FUNDING ACCOUNTABILITY'AND TRANSPARENCY ACT h(FFATA) requires
the' Division• of Homeland Security and Emergency Management (DHSEM) to, collect the following .,.
information' for: each EMPG "sub -award of $25,000.00 or more. This informationis required by the
. Offce of Management: and Budget (OMB) and must be submitted by DHSEM into the SUB -AWARD
. REPORTING.SYSTEM'(FSRS): •,
Unless otherwise indicated; all -fields must be -completed in order to be an eligible sub -grant recipient..
-:Information Field ` :
Field Description
Response
Agency or Jurisdiction
DUNS #
DUNS number assigned to your
jurisdiction or specifically to your
agency
075757955
Parent Organization DUNS
number, if applicable
If the Jurisdiction has a DUNS
number and the Agency has -one
as well, insert the Jurisdiction's
DUNS here.
Name of Entity Receiving
Award
Jurisdiction or Agency Name to
which the DUNS number is
assigned
Weld County Government
Location of Entity Receiving
Award
Full Street Address of the
Recipient Agency
1150 0 Street, PO Box 758
Greeley, Co 80632
Primary Location of
Performance of the Award
Include City, State, Zip Code
(must provide 9 digits) and
Greeley, Co 80634-9596
Congressional District
The Information below_ is required; if the following three conditions
Required,. in row 1: •.
-1. In.:the.preceding fiscal year, 80% or moreof the entity annual, gross
government; and,
2. Those revenues are greater than $25M annually;. and . "
3•. Compensation information is;not already available through reporting
are met, otherwise enter "Not
revenues are from the Federal
: :..
to the IRS Or SEC
Names and Total Compensation of the Five (5) most highly compensated officers
1. Not Required
2.
3.
4.
5.
DEC 11 2019
Date:
Signature: ;
gency's Authorized R presentativ (usually the Grant Administrator or Program Manager or Coordinator)
By signing above, I certify that the information contained in this FFATA data report is complete and
accurate to the best of my knowledge.
CZo19- �h�8
COLORADO
Division of Homeland Security
& Emergency Management
Department of Public Safety
Roy Rudisill, Director
WELD COUNTY
1150 O Street
Greeley, CO 80632
October 30, 2019
Re: Pre -Disaster Mitigation Program Grant Award Letter 18PDM20WEL
Dear Mr. Rudisill,
The Colorado Division of Homeland Security Er Emergency Management (DHSEM) is pleased to inform you
that your application for funding pursuant to the 2018 Pre -Disaster Mitigation program is approved in the
amount of $60,000.00 (funding source: Federal Funds). Project funding award is based on the project
description provided in the application and outlined in the following table:
Description
Federal Share
Required Non-
Federal Local Share
. Total Project
Hazard Mitigation Planning Activities
$60,000.00
$20,000.00
$80,000.00
Total Award Amount
$60,00O.00
DHSEM will issue your grant award as a Small Dollar Grant Agreement (SDGA). The issuance of a SDGA
functions like a 'purchase order' for requests for reimbursements (RFRs) in the State financial system,
and does not require original signatures on a formal agreement from your approving authorities, as done
in the past, in order to reduce unnecessary delays in processing formalized agreement documents and
your awarded projects.
To issue the SDGA, DHSEM must receive the following up-to-date forms (included with this letter)
submitted electronically to Mark Thompson, markw.thompson®state.co.us:
1. W-9
2. EFT form
3. Letter of Acceptance signed by Authorized Signatory (See attached)
After receiving the above mentioned required forms, DHSEM will issue the completed SDGA and terms
and conditions for your grant award to you.
The period of performance for the PDM 2018 SDGA is from October 2, 2019 to April 1, 2021. AR requests
for reimbursements must cover work completed, or expenditures claimed, within this period of
te,„,
COLORADO
Department of Public Safety
700 Kipling Street, Lakewood, CO 80215 I www.colorado.gov/publicsafety
Jared Polis, Governor I Stan Hilkey, Executive Director
performance. Quarterly RFR and Progress Report submissions will continue to utilize the EMGrants Pro
system.
For questions regarding your SDGA or the Pre -Disaster Mitigation program, please contact Mark
Thompson at (720) 630-0770 or markw.thompson@state.co.us, or Patricia Gavelda at (970) 749-8280
or patricia.gavelda@state.co.us.
Please feel free to contact me at (303) 239-4183 or Larisa.Cannon@state.co.us if you have further
questions. Thank you for your assistance in managing this grant award.
Sincerely,
aa,„
Larisa Cannon
Grants and Contracts Manager
Division of Homeland Security and Emergency Management
CC: File
it,
COLORADO
Department of Public Safety
700 Kipling Street, Lakewood, CO 80215 I www.colorado.gov/publicsafety
Jared Polls, Governor I Stan Hilkey, Executive Director
COLORADO
Division of Homeland Security
& Emergency Management
Department of Public Safety
Office of Grants Management
8000 S. Chester Street, Suite 575
Centennial, CO 80112
Letter of Acceptance
October 30, 2019
Encumbrance Number: 18PDM20WEL
Subrecipient Name: Weld County
Grant Name: 2018 Pre -Disaster Mitigation
This letter serves as notification and acceptance of the Small Dollar Grant Agreement (SDGA) for the
2018 Pre -Disaster Mitigation program in the amount of $60,000.00 issued by the Colorado Department
of Public Safety, Division of Homeland Security and Emergency Management (CDPS/DHSEM).
By signing below, the agency, in accordance with acceptance, acknowledges the receipt, review and
concurrence of the provided terms and conditions, scope of work, and any additional requirements
identified. Additionally, the following required documents are provided for issuance of the award
through the State financial system and accompany this letter of acceptance:
1. Current Request for Taxpayer Identification Number and Certification (W-9) form
2. Current Electronic Funds Transfer (EFT) form
By signing and returning this letter, the undersigned holds authority to enter into, and understands and accepts all
the terms and conditions outlined for the Small Dollar Grant Agreement referenced above.
By (Printed Name):
Barbara Kirkmeyer
Title: Chair, Board of Weld County Commissioners
COLORADO
Department of Public Safety
Date:
DEC 1 1 2019
700 Kipling Street, Lakewood, CO 80215 I www.colorado.gov/publicsafety
Jared Polis, Governor I Stan Hilkey, Executive Director
State Agency
Department of Public Safety
Grant Maximum Amount
$60,000.00
Sub -Recipient
Board of County Commissioners of Weld County
Grant Issuance Date
October 2, 2019
Small Dollar Grant Agreement Number:
Encumbrance #: 18PDM20WEL
Subrecipient DUNS#: 075757955
Federal Award Identification # (FAIN): EMD-2019-PC-003
Total Award of Federal Award: $60,000.00
Federal Award Date October 2, 2019
Name of Federal Awarding Agency FEMA
CFDA 97.047 Pre -Disaster Mitigation
Identification if the Award is for R&D: No
Grant Expiration Date
April 1, 2021
Fund Expenditure End Date
April, 2021
Grant Authority
Federal authority to enter into this Grant exists in the
Homeland Security Act of 2002 through CFDA 97.047 and
State Authority to enter into this Grant exists in CRS §24-1-
128.6.
STATEMENT OF WORK
1. GENERAL DESCRIPTION OF THE PROJECT(S).
1.1 Project Description. This project is for the development of a FEMA-approvable multi jurisdictional local
Hazard Mitigation Plan (HMP) Update with adherence to the most current FEMA guidance. Sub -recipient
will hire a contractor to complete an HMP Update for Weld County. The HMP Update will meet all of
FEMA's requirements. Sub -recipient will execute and complete the projects as specified and outlined in
their approved Application Scope of Work.
1.2 Project Expenses. Project expenses include the costs to hire a contractor and local personnel time to
complete the project as described in §1.1 of this Statement of Work (SOW). All eligible expenses are
listed in the budget agreement amount table of §8 of this SOW. Provided, however, that all Project costs
specifically authorized in the FEDERAL EMERGENCY MANAGEMENT AGENCY Notice of
Award that have been incurred after 10/2/2019 but prior to the Issuance Date may be submitted for
reimbursement from Federal Funds, as provided in §5.1 below.
1.3 Non -Federal Match: This non-federal match section applies to this grant. This Grant requires a non-
federal match contribution of 25 % of the total Grant budget. Documentation of expenditures for the
non-federal match contribution is required with each drawdown request. If applicable the match may
include in -kind match. Provided, however, that all or some of the costs or expenses incurred by Sub -
Recipient after 10/2/2019 but prior to the Effective Date which have been or will be paid from Local
Matching Funds, if such costs or expenses are properly documented as eligible expenses in the PRE -
DISASTER MITIGATION (PDM) program 42 U.S.C. 5133, may be submitted for reimbursement from
Federal Funds, as provided in §5.1 below.
2. DELIVERABLES:
2.1 Sub -Recipient shall submit narrative and financial reports describing project progress and
accomplishments, any delays in meeting the objectives and expenditures to date as described in §3 of this
Statement of Work.
3. REPORTING REQUIREMENTS:
3.1 Quarterly Financial Status and Progress Reports. The project(s) approved in this Grant are to be
completed on or before the termination date stated on the Award Letter. Sub -Recipient shall submit
quarterly financial status and programmatic progress reports for each project identified in this agreement
using the forms provided by the Colorado Division of Homeland Security and Emergency Management
18PDM20WEL
Page 1 of 4 Statement of Work
18PDM20WEL
throughout the life of the grant. One copy of each required report with original or electronic signatures
shall be submitted in accordance with the schedule below. The order of the reporting period quarters
below that are irrelevant to the grant. If the grant is open during the "report period" reports for that period
are due on the dates listed. If the grant is for more than one year, reports are due for every quarter that
the grant remains open.
Report Period
Due Date
January —March
April 15
April — June
July 15
July — September
October 15
October — December
January 15
3.2 Final Reports: Sub -Recipient shall submit final financial status and progress reports that provide final
financial reconciliation and final cumulative grant/project accomplishments within 45 days of the end of
the project/grant period. The final report may not include unliquidated obligations and must indicate the
exact balance of unobligated funds. The final reports may substitute for the quarterly reports for the final
quarter of the grant period. If all projects are completed before the end of the grant period, the final report
may be submitted at any time before its final due date. Further reports are not due after the Colorado
Division of Homeland Security and Emergency Management has received, and sent notice of acceptance
of the final grant report.
4. TESTING AND ACCEPTANCE CRITERIA:
The Colorado Division of Homeland Security and Emergency Management shall evaluate this Project(s)
through the review of Sub -Recipient submitted financial and progress reports. The Colorado Division of
Homeland Security and Emergency Management may also conduct on -site monitoring to determine whether
the Sub -Recipient is meeting/has met the performance goals, administrative standards, fmancial management
and other requirements of this grant. The Colorado Division of Homeland Security and Emergency
Management will notify Sub -Recipient in advance of such on -site monitoring.
5. PAYMENT:
5.1 Payment Schedule: Sub -Recipient shall submit requests for reimbursement using the Colorado Division
of Homeland Security and Emergency Management's provided form at least quarterly. One original or
electronically signed/submitted copy of the reimbursement request is due on the same dates as the required
financial reports. All requests shall be for eligible actual expenses incurred by Sub -Recipient, as described
in detail in the budget table(s) of this Exhibit. Requests shall be accompanied by supporting
documentation totaling at least the amount requested for reimbursement and any required non-federal
match contribution. If any financial or progress reports are delinquent at the time of a payment request,
the Colorado Division of Homeland Security and Emergency Management may withhold such
reimbursement until the required reports have been submitted.
5.2 Payment Amount: If non-federal match is required, such match shall be documented with every payment
request. Excess match documented and submitted with one reimbursement request shall be applied to
subsequent requests as necessary to maximize the allowable reimbursement.
5.3 Remittance Address. If mailed, payments shall be sent to the representative identified in §6 of this SOW
Grant Representative:
WELD COUNTY
PO Box 758
Greeley, CO 80632
18PDM20WEL
Page 2 of 4 Statement of Work
18PDM20WEL
6. PRINCIPAL REPRESENTATIVES:
For the State:
Larisa Cannon, Grants & Contracts Manager
Department of Public Safety,
Division of Homeland Security & Emergency
Management
8000 S. Chester Street, Suite 575
Centennial, CO 80112
Larisa.Cannon@state.co.us
For Sub -Recipient:
Roy Rudisill, Director
Weld County
1150 O Street
Greeley, CO 80632
rrudisill@weldgov.com
7. ADMINISTRATIVE REQUIREMENTS
Required Documentation: Sub -Recipients shall retain all procurement and payment documentation on site
for inspection. This shall include, but not be limited to, purchase orders, receiving documents, invoices,
vouchers, equipment/services identification, and time and effort reports.
7.1 Sufficient detail shall be provided with reimbursement requests to demonstrate that expenses are
allowable and appropriate as detailed below:
7.1.1 Equipment or tangible goods. When requesting reimbursement for equipment items with a
purchase price of or exceeding $10,000, and a useful life of more than one year, the Sub -
Recipient shall provide a unique identifying number for the equipment, with a copy of the Sub -
Recipient's invoice and proof of payment. The unique identifying number can be the
manufacturer's serial number or, if the Sub -Recipient has its own existing inventory numbering
system, that number may be used. The location of the equipment shall also be provided. In
addition to ongoing tracking requirements, Sub -Recipient shall ensure that equipment items with
per unit cost of $10,000 or more are prominently marked in a manner similar to the following:
Purchased with funds provided by the U.S. Department of Homeland Security.
7.1.2 Services. Sub -Recipients shall include contract/purchase order number(s) or employee names,
the date(s) the services were provided and the nature of the services.
7.2 Procurement: A Sub -Recipient shall ensure its procurement policies meet or exceed local, state, and
federal requirements. Sub -Recipients should refer to local, state, and federal guidance prior to making
decisions regarding competitive bids, sole source or other procurement issues. In addition:
7.2.1 Any sole source transaction in excess of $250,000 shall be approved in advance by the Colorado
Division of Homeland Security and Emergency Management.
7.2.2 Sub -Recipients shall ensure that: (a) All procurement transactions, whether negotiated or
competitively bid, and without regard to dollar value, are conducted in a manner that provides
maximum open and free competition; (b) Sub -Recipient shall be alert to organizational conflicts
of interest and/or non-competitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade; (c) Contractors who develop or draft specifications,
requirements, statements of work, and/or Requests for Proposals (RFPs) for a proposed
procurement shall be excluded from bidding or submitting a proposal to compete for the award
of such procurement; and (d) Any request for exemption of item a -c within this subsection shall
be submitted in writing to, and be approved by the authorized Sub -Recipient official.
7.2.3 Sub -Recipient shall verify that the Contractor is not debarred from participation in state and
federal programs. Sub -Recipients should review contractor debarment information on
http://www.sam.gov.
18PDM20WEL
Page 3 of 4 Statement of Work
18PDM20WEL
7.2.4 When issuing requests for proposals, bid solicitations, and other published documents describing
projects or programs funded in whole or in part with these grant funds, Sub -Recipient and Sub -
Recipients shall use the phrase -"This project was supported by grant #18PDM20WEL, issued
by the Colorado Division of Homeland Security and Emergency Management."
7.2.5 Sub -Recipient shall verify that all purchases are listed in §1 or §7 of this SOW. Equipment
purchases, if any, shall be for items listed in the Approved Equipment List (A.E.L) for the grant
period on the Responder Knowledge Base (RKB), at https://www.fema.gov/authorized-
equipment-list. Additionally, funds used to support emergency communications activities should
comply with the FY 2019 SAFECOM Guidance for Emergency Communication Grants, at
https://www.911.gov/pdf/OEC SAFECOM Guidance Emergency Communications Grants
FY 2019.pdf
7.2.6 Sub -Recipient shall ensure that no rights or duties exercised under this grant, or equipment
purchased with Grant Funds having a purchase value of $10,000 or more, are assigned without
the prior written consent of the Colorado Division of Homeland Security and Emergency
Management.
7.2.7 Sub -Recipient shall ensure that all funds are needed to supplement and not to supplant the Sub -
Recipient's own funds.
7.3 Additional Administrative Requirements:
7.3.1 The Sub -Recipient must request approval in advance for any change to this Grant Agreement,
using the forms and procedures established by the Colorado Division of Homeland Security and
Emergency Management.
7.3.2 All applicant agencies that will or have purchased resources with grant funds provided through
Colorado Division of Homeland Security and Emergency Management, must agree to participate
in the State Emergency Management Resource program through the Colorado Resource Rate
Form (CRRF) and update their availability status as requested.
7.3.3 All funding related to exercises must be managed and executed in accordance with the Homeland
Security Exercise and Evaluation Program (HSEEP) and must be National Incident Management
System (NIMS) compliant. Regardless of exercise type or scope, After Action
Reports/Improvement Plans are due to the State Training and Exercise Program Manager within
45 days of the exercise.
8. BUDGET AGREEMENT AMOUNT TABLE:
Project Activity/Line Item
Federal Share
Local Share*
TOTAL Project
Contractual
$60,000.00
$20,000.00
$80,000.00
TOTAL BUDGET
$60,000.00
$20,000.00
$80,000.00
TOTAL AWARD AMOUNT
$60,000.00
18PDM20WEL
Page 4 of 4 Statement of Work
EXHIBIT D, FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS.
1.1
The Grant Award Letter to which these Federal Provisions are attached has been funded, in whole
or in part, with an Award of Federal funds. In the event of a conflict between the provisions of
these Federal Provisions, the Special Provisions, the agreement or any attachments or exhibits
incorporated into and made a part of the agreement, the provisions of these Federal Provisions
shall control.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below.
2.1.1. "Agreement" means the Grant Award Letter to which these Federal Provisions are attached
and includes all Award types in §2.1.2.1 of this Exhibit.
2.1.2. "Award" means an award of Federal financial assistance, and the agreement setting forth the
terms and conditions of that financial assistance, that a non -Federal Entity receives or
administers.
2.1.2.1. Awards may be in the form of:
2.1.2.1.1. Grants;
2.1.2.1.2. Contracts;
2.1.2.1.3. Cooperative agreements, which do not include cooperative research and development
agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as
amended (15 U.S.C. 3710);
2.1.2.1.4. Loans;
2.1.2.1.5. Loan Guarantees;
2.1.2.1.6. Subsidies;
2.1.2.1.7. Insurance;
2.1.2.1.8. Food commodities;
2.1.2.1.9. Direct appropriations;
2.1.2.1.10. Assessed and voluntary contributions; and
2.1.2.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds
by non -Federal Entities.
2.1.2.1.12. Any other items specified by OMB in policy memoranda available at the OMB
website or other source posted by the OMB.
2.1.2.2. Award does not include:
2.1.2.2.1. Technical assistance, which provides services in lieu of money;
2.1.2.2.2. A transfer of title to Federally -owned property provided in lieu of money; even if the
award is called a grant;
2.1.2.2.3. Any award classified for security purposes; or
HSGP 2019 Encumbrance # 19SHS20NCR
Page 1 of 9 Exhibit D
2.1.2.2.4. Any award funded in whole or in part with Recovery funds, as defined in section 1512
of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-
5).
2.1.3. "Contractor" means the party or parties to an Agreement funded, in whole or in part, with
Federal financial assistance, other than the Prime Recipient, and includes grantees,
subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting,
Contractor does not include Vendors.
2.1.4. "Data Universal Numbering System (DUNS) Number" means the nine -digit number
established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity.
Dun and Bradstreet's website may be found at: http://fedgov.dnb.com/webform.
2.1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart C;
2.1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
2.1.5.2. A foreign public entity;
2.1.5.3. A domestic or foreign non-profit organization;
2.1.5.4. A domestic or foreign for-profit organization; and
2.1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non -Federal
entity.
2.1.6. "Executive" means an officer, managing partner or any other employee in a management
position.
2.1.7. "Federal Award Identification Number (FAIN)" means an Award number assigned by a
Federal agency to a Prime Recipient.
2.1.8. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR §200.37
2.1.9. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is
referred to as the "Transparency Act."
2.1.10. "OMB" means the Executive Office of the President, Office of Management and Budget.
2.1.11. "Prime Recipient" means a Colorado State agency or institution of higher education that
receives an Award.
2.1.12. "Subaward" means an award by a Recipient to a Subrecipient funded in whole or in part by
a Federal Award. The terms and conditions of the Federal Award flow down to the Award
unless the terms and conditions of the Federal Award specifically indicate otherwise in
accordance with 2 CFR §200.38. The term does not include payments to a contractor or
payments to an individual that is a beneficiary of a Federal program.
2.1.13. "Subrecipient" means a non -Federal Entity (or a Federal agency under an Award or Subaward
to a non -Federal Entity) receiving Federal funds through a Prime Recipient to support the
performance of the Federal project or program for which the Federal funds were awarded. A
Subrecipient is subject to the terms and conditions of the Federal Award to the Prime
Recipient, including program compliance requirements. The term "Subrecipient" includes
and may be referred to as Subgrantee. The term does not include an individual who is a
beneficiary of a federal program.
HSGP 2019 Encumbrance # 19SHS20NCR
Page 2 of 9 Exhibit D
2.1.14. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9 -digit
Data Universal Numbering System (DUNS) number that appears in the subrecipient's System
for Award Management (SAM) profile, if applicable.
2.1.15. "Federal Provisions" means these Federal Provisions for Federally Funded Contracts, Grants,
and Purchase Orders subject to the Transparency Act and Uniform Guidance, as may be
revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency
or institutions of higher education.
2.1.16. "System for Award Management (SAM)" means the Federal repository into which an Entity
must enter the information required under the Transparency Act, which may be found at
http ://www.sam.gov.
2.1.17. "Total Compensation" means the cash and noncash dollar value earned by an Executive
during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the
following:
2.1.17.1. Salary and bonus;
2.1.17.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised
2005) (FAS 123R), Shared Based Payments;
2.1.17.3. Earnings for services under non -equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of
Executives and are available generally to all salaried employees;
2.1.17.4. Change in present value of defined benefit and actuarial pension plans;
2.1.17.5. Above -market earnings on deferred compensation which is not tax -qualified;
2.1.17.6. Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the employee,
perquisites or property) for the Executive exceeds $10,000.
2.1.18. "Transparency Act" means the Federal Funding Accountability and Transparency Act of
2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency
Act also is referred to as FFATA.
2.1.19. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, which
supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB
Circulars A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act
follow-up. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award
specifically indicate otherwise.
2.1.20. "Vendor" means a dealer, distributor, merchant or other seller providing property or services
required for a project or program funded by an Award. A Vendor is not a Prime Recipient or
a Subrecipient and is not subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
3. COMPLIANCE.
HSGP 2019 Encumbrance # 19SHS20NCR
Page 3 of 9 Exhibit D
3.1. Contractor shall comply with all applicable provisions of the Transparency Act, all applicable
provisions of the Uniform Guidance, and the regulations issued pursuant thereto, including but
not limited to these Federal Provisions. Any revisions to such provisions or regulations shall
automatically become a part of these Federal Provisions, without the necessity of either party
executing any further instrument. The State of Colorado may provide written notification to
Contractor of such revisions, but such notice shall not be a condition precedent to the
effectiveness of such revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING
SYSTEM (DUNS) REQUIREMENTS.
4.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor
submits the final financial report required under the Award or receives final payment, whichever
is later. Contractor shall review and update SAM information at least annually after the initial
registration, and more frequently if required by changes in its information.
4.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update
Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration,
and more frequently if required by changes in Contractor's information.
5. TOTAL COMPENSATION.
5.1. Contractor shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
5.1.2. In the preceding fiscal year, Contractor received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the
Transparency Act; and
5.1.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the
Transparency Act; and
5.1.3. The public does not have access to information about the compensation of such Executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
6. REPORTING.
6.1. Contractor shall report data elements to SAM and to the Prime Recipient as required in this
Exhibit if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct
payment shall be made to Contractor for providing any reports required under these Federal
Provisions and the cost of producing such reports shall be included in the Agreement price. The
reporting requirements in this Exhibit are based on guidance from the US Office of Management
and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes
shall be automatically incorporated into this Agreement and shall become part of Contractor's
obligations under this Agreement.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial
award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award
HSGP 2019 Encumbrance # 19SHS2ONCR
Page 4 of 9 Exhibit D
modifications result in a total Award of $25,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more,
but funding is subsequently de -obligated such that the total award amount falls below $25,000,
the Award shall continue to be subject to the reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient
as of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal
years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. If Contractor is a Subrecipient, Contractor shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in
SAM for each Federal Award Identification Number no later than the end of the month
following the month in which the Subaward was made:
8.1.1.1. Subrecipient DUNS Number;
8.1.1.2. Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT)
account;
8.1.1.3. Subrecipient Parent DUNS Number;
8.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District;
8.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are
met; and
8.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated Executives if
criteria in §4 above met.
8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective
date of the Agreement, the following data elements:
8.1.2.1. Subrecipient's DUNS Number as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures
which reflect applicable State, local, and Tribal laws and regulations, provided that the
procurements conform to applicable Federal law and the standards identified in the Uniform
Guidance, including without limitation, §§200.318 through 200.326 thereof.
9.2. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a
political subdivision of the State, its contractors must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage
of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an
HSGP 2019 Encumbrance # 19SHS20NCR
Page 5 of 9 Exhibit D
affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
10. ACCESS TO RECORDS
10.1. A Subrecipient shall permit Recipient and auditors to have access to Subrecipient's records and
financial statements as necessary for Recipient to meet the requirements of §200.331
(Requirements for pass -through entities), §§200.300 (Statutory and national policy requirements)
through 200.309 (Period of performance), and Subpart F -Audit Requirements of the Uniform
Guidance. 2 CFR §200.331(a)(5).
11. SINGLE AUDIT REQUIREMENTS
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient's fiscal
year, the Subrecipient shall procure or arrange for a single or program -specific audit conducted
for that year in accordance with the provisions of Subpart F -Audit Requirements of the Uniform
Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507).
2 CFR §200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform
Guidance §200.514 (Scope of audit), except when it elects to have a program -specific audit
conducted in accordance with §200.507 (Program -specific audits). The Subrecipient may
elect to have a program -specific audit if Subrecipient expends Federal Awards under only
one Federal program (excluding research and development) and the Federal program's
statutes, regulations, or the terms and conditions of the Federal award do not require a
financial statement audit of Prime Recipient. A program -specific audit may not be elected
for research and development unless all of the Federal Awards expended were received from
Recipient and Recipient approves in advance a program -specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal
year, the Subrecipient shall be exempt from Federal audit requirements for that year, except
as noted in 2 CFR §200.503 (Relation to other audit requirements), but records shall be
available for review or audit by appropriate officials of the Federal agency, the State, and the
Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Part F of the Uniform Guidance and ensure it is properly
performed and submitted when due in accordance with the Uniform Guidance. Subrecipient
shall prepare appropriate financial statements, including the schedule of expenditures of
Federal awards in accordance with Uniform Guidance §200.510 (Financial statements) and
provide the auditor with access to personnel, accounts, books, records, supporting
documentation, and other information as needed for the auditor to perform the audit required
by Uniform Guidance Part F -Audit Requirements.
12. CONTRACT PROVISIONS FOR SUBRECEPIENT CONTRACTS
12.1. If Contractor is a Subrecipient, then it shall comply with and shall include all of the following
applicable provisions in all subcontracts entered into by it pursuant to this Agreement.
12.1.1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
HSGP 2019 Encumbrance # I9SHS20NCR
Page 6 of 9 Exhibit D
12.1.1.1.
12.1.1.1.1
12.1.1.1.2.
12.1.1.1.3.
12.1.1.1.4.
12.1.1.1.5.
12.1.1.1.6.
12.1.1.1.7.
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.
During the performance of this contract, the contractor agrees as follows:
Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or
national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; 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 the provisions of this
nondiscrimination clause.
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, color, religion, sex, or national origin.
Contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to
be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
Contractor will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
In the event of Contractor's non-compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
Contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to any subcontract or
purchase order as may be directed by the Secretary of Labor as a means of enforcing
HSGP 2019 Encumbrance # 19SHS2ONCR
Page 7 of 9 Exhibit D
such provisions including sanctions for noncompliance: Provided, however, that in
the event Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction, the contractor may request the
United States to enter into such litigation to protect the interests of the United States."
12.1.2. Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required
by Federal program legislation, all prime construction contracts in excess of $2,000 awarded
by non -Federal entities must include a provision for compliance with the Davis -Bacon Act
(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations
(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors must be
required to pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition, contractors
must be required to pay wages not less than once a week. The non -Federal entity must place
a copy of the current prevailing wage determination issued by the Department of Labor in
each solicitation. The decision to award a contract or subcontract must be conditioned upon
the acceptance of the wage determination. The non -Federal entity must report all suspected
or reported violations to the Federal awarding agency. The contracts must also include a
provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non -Federal entity must report all suspected or reported
violations to the Federal awarding agency.
12.1.3. Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and Subrecipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," Subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000
must contain a provision that requires the non -Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see
2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
HSGP 2019 Encumbrance # 19SHS2ONCR
Page 8 of 9 Exhibit D
12.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered
by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded
from tier to tier up to the non -Federal award.
13. CERTIFICATIONS.
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to
submit certifications and representations required by Federal statutes or regulations on an annual
basis. 2 CFR §200.208. Submission may be required more frequently if Subrecipient fails to
meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the
end of the Award that the project or activity was completed or the level of effort was expended.
2 CFR §200.201(3). If the required level of activity or effort was not carried out, the amount of
the Award must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in his
or her name.
14.2. A Contractor with gross income from all sources of less than $300,000 in the previous tax year
is exempt from the requirements to report Subawards and the Total Compensation of its most
highly compensated Executives.
14.3. There are no Transparency Act reporting requirements for Vendors.
15. EVENT OF DEFAULT.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the
Agreement and the State of Colorado may terminate the Agreement upon 30 days prior written
notice if the default remains uncured five calendar days following the termination of the 30 day
notice period. This remedy will be in addition to any other remedy available to the State of
Colorado under the Agreement, at law or in equity.
HSGP 2019 Encumbrance # 19SHS20NCR
Page 9 of 9 Exhibit D
New Contract Request
Entity Information
Entity Name*
DEPARTMENT OF HOMELAND
SECURITY
Entity ID*
@00026683
Contract Name*
HAZARD MITIGATION PLAN GRANT 18PDM20WEL
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
3298
Contract Lead
GMARQUEZ
Contract Lead Email
gmarquezi co_wefico_us
Parent Contract ID
Requires Board Approval
YES
De ent Project #
Contract Description*
18PDM20WEL - THIS GRANT FUNDING WILL HELP PAY FORA CONTRACTOR TO COMPLETE AN UPDATE TO OUR HAZARD
MITIGATION PLAN.
Contract Description 2
Contract Type
CONTRACT
Amount*
$60,000.00
Renewable *
YES
Automatic Renewal
Grant
IGA
OEM
Department Email
CM-OEM@weldgov.com
Department Head Email
CM-OEM-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
A I I ORNEY EMAIL
County Attorney Email
CM-
COUNTYA I I ORNEY@WELD
GOV.COM
Requested BOCC Agenda
Date*
12/0912019
Due Date
12105/2019
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
Review Date*
11/30/2020
Committed Delivery Date
Renewal Date*
12/30/2020
Expiration Date
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
ROY RUDISILL
DH Approved Date
12/06/2019
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
12/11/2019
Originator
GMAROUF7
Contact Type Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
12109/2019
Tyler Ref #
AG 121119
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
12/09/2019
Submi
Hello