HomeMy WebLinkAbout20170128.tiffRESOLUTION
RE: APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR
DISASTER EMERGENCY FUNDS (CDBG-DR) AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Community Development Block Grant
Agreement for Disaster Emergency Funds (CDBG-DR) 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, and the Colorado Department of Public Safety, Division of
Homeland Security and Emergency Management, commencing upon full execution and ending
December 31, 2017, 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 Community Development Block Grant Agreement for Disaster
Emergency Funds (CDBG-DR) 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, and the Colorado Department of Public Safety, Division of Homeland Security and
Management 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 9th day of January, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
ATTEST:.)
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APPROV
ounty Attorney
Date of signature: t /@t4/1 7
WE�I,D-COUNTY, COLOADO
/,.ter•'
Ju is -A: Cozad, Chair
Barbara Kirkmeyer btielljA-
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2017-0128
EM0017
BC0045
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TO: Board of County Commissioners
FROM: Roy Rudisill, OEM
DATE: December 7, 2016
SUBJECT: CDBG-DR Grant Funding Contract
Commissioners, after working with the State over the last two years on the round 2 CDBG-DR
applications, we finally have a contract from the State. The funding is for our matching dollars for the
FEMA Project Worksheets. The Grant award is for $742,640.90 and covers costs for; construction, design
and engineering and project management / administration. We received an award letter in April 2016
identifying we have been awarded funding from the Disaster Emergency Fund (see the attached letter) this
is the same grant. We have worked with Base Tactical and Public Works staff to identify the projects that
will best utilize the funding available. I have attached a copy of the contract with tabs to see specific
information and the project sheet for your review (sorry for the small print I will email you one as well).
I request you authorize me to schedule this for a BOCC meeting to approve the contract.
Agree with Staff
Recommendation
Work Session
Requested
Comments
Freeman
Mr
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DEF: Round #2 Public Assistance Match, Encumbrance #DEF-WLD-01
Routing # CMS # 95850 Subrecipient DUNS# 075757955
STATE OF COLORADO
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT
Grant Agreement
with
Weld County
TABLE OF CONTENTS
1. PARTIES
EXHIBIT A - APPLICABLE LAWS 1
EXHIBIT B - STATEMENT OF PROJECT (SOP) 1
EXHIBIT C - PROCEDURE TO PREVENT DUPLICATION OF BENEFITS I
EXHIBIT D - GRANT CHANGE LETTER I
EXHIBIT E - RESIDENCY DECLARATION 1
EXHIBIT F - PROJECT PERFORMANCE PLAN 1
2
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY2
3. RECITALS 2
4. DEFINITIONS 2
5. TERM 4
6. STATEMENT OF PROJECT 4
7. PAYMENTS TO GRANTEE 4
8. REPORTING - NOTIFICATION 5
9. GRANTEE RECORDS 6
10. CONFIDENTIAL INFORMATION -STATE RECORDS 7
11. CONFLICTS OF INTEREST 7
12. REPRESENTATIONS AND WARRANTIES 7
13. INSURANCE 8
14. BREACH 11
15. REMEDIES 11
16. NOTICES and REPRESENTATIVES 13
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE 14
18. GOVERNMENTAL IMMUNITY 14
19. STATEWIDE GRANT MANAGEMENT SYSTEM 14
20. GENERAL PROVISIONS 14
21. COLORADO SPECIAL PROVISIONS 16
SIGNATURE PAGE 19
Page I of 19
DEF: Round #2 Public Assistance Match, Encumbrance #DEF-WLD-01
1. PARTIES
This Grant Agreement ("Grant") is entered into by and between WELD COUNTY ("Grantee"), and the
STATE OF COLORADO acting by and through the Colorado Department of Public Safety, Division of
Homeland Security and Emergency Management (hereinafter called the "State or DHSEM").
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY.
This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller
or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Grantee
for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any
provision hereof prior to the Effective Date. (Check if appropriate)
® Provided, however, that authorized Pre -award Costs incurred after the date of the Colorado Executive Order
(September 19, 2013) and prior to the Effective Date of this agreement may be submitted for reimbursement
as provided in §7(B)(v) below.
3. RECITALS
A. Authority, Appropriation, and Approval
Authority to enter into this Grant exists in C.R.S. § 28-3-104 and relevant portions of the Colorado Disaster
Emergency Act, C.R.S. § 24-33.5-701 and Executive Orders: D2013-026, D2013-027, D2013-028, D2013-
030, D2013-031, D2013-033, D2014-001, D2014-002, D2014-006, D2014-01 and any subsequent
amendments. Funds have been budgeted, appropriated and otherwise made available and a sufficient
unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination
have been accomplished from and with appropriate agencies.
B. Grantee
Grantee is an eligible recipient of Grant Funds made available by the Program, as defined below, and awarded
by this Grant. Grantee is aware of, willing and able to comply with all provisions specific to the Program, as
set forth in Exhibit A and to complete the Project described in Exhibit B.
C. Purpose
DHSEM administers funds made available for the purpose flood response and recovery resulting from the
September 2013 floods.
D. References
All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or
other attachments, are references to sections, subsections, exhibits or other attachments contained herein or
incorporated as a part hereof, unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Beneficiary
"Beneficiary" shall have the meaning given in the Statement of Project.
B. Budget
"Budget" means the budget for the Work described in Exhibit B.
C. Evaluation
"Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in §6
and Exhibit B.
D. Exhibits and Other Attachments
The following are attached hereto and incorporated by reference herein:
i. Exhibit A (Applicable Laws)
ii. Exhibit B (Statement of Project)
iii. Exhibit C (Procedure to Prevent Duplication of Benefits)
iv. Exhibit D (Grant Change Letter)
v. Exhibit E (Residency Declaration)
vi. Exhibit F (Project Performance Plan)
vii. Exhibit G (Use Covenant)
Page 2 of 19
DEF: Round #2 Public Assistance Match, Encumbrance #DEF-WLD-01
E. Goods
"Goods" means any physical item produced, or acquired by Grantee either separately or in conjunction with
the Services rendered hereunder.
F. Grant
"Grant" means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference
under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references
incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies.
G. Grant Funds
"Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant.
H. Party or Parties
"Party" means the State or Grantee and "Parties" means both the State and Grantee.
I. Pay Request(s)
"Pay Request(s)" means the Grantee's payment request(s) for Work submitted on form(s) provided by the
State and including all supporting documentation (including invoices) and as specified in the Statement of
Project.
J. Personal Property
"Personal Property" means the personal property, if any, which Grant funds are used to acquire or improve.
K. Program
"Program" means the Colorado State Emergency Act, Disaster Emergency Fund grant program that provides
the funding for this Grant.
L. Pre -award Costs
"Pre -award Costs" when applicable, means the costs incurred or performance of Work by Grantee or Sub -
grantees prior to the Effective Date of this Grant. Such costs shall have been detailed in Grantee's grant
application and specifically authorized by the State and identified in the Statement of Project, attached hereto
as Exhibit B.
M. Project Performance Plan
"Project Performance Plan" means the milestones, performance goals and timelines for a Project identified
in the Project Performance Plan for such Project which is attached to this Grant.
N. Project
"Project" means the total Work to be performed as described in Exhibit B.
0. Review
"Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in accordance
with the criteria established in §6 and Exhibit B.
P. Services
"Services" means the required services to be performed by Grantee pursuant to this Grant.
R. Subcontractor
"Subcontractor" means third -parties, if any, engaged by Grantee to carry out specific vendor related
services.
S. Subgrantee
"Subgrantee" means third -parties, if any, engaged by Grantee to aid in performance of its obligations.
T. Work
"Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant
and Exhibit B, including the performance of the Services and delivery of the Goods.
U. Work Product
"Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to,
software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents,
drawings, models, surveys, maps, materials, or work product of any type, including drafts prepared by
Grantee in completing the Project and in performance of Grantee's other obligations hereunder.
Page 3 of 19
DEF: Round #2 Public Assistance Match, Encumbrance #DEF-WLD-01
5. TERM
A. Initial Term -Work Commencement
The Parties respective performances under this Grant shall commence on the later of either the Effective
Date or September 19, 2013. This Grant shall terminate on December 31, 2017 unless sooner terminated or
further extended as specified elsewhere herein.
B. Two Month Extension
The State, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend
the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement Grant
(and not merely seeking a term extension) at or near the end of any initial term or any extension thereof. The
provisions of this Grant in effect when such notice is given, including, but not limited to prices, rates, and
delivery requirements, shall remain in effect during the two month extension. The two -month extension shall
immediately terminate when and if a replacement Grant is approved and signed by the Colorado State
Controller.
6. STATEMENT OF PROJECT
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibit B. The State
shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the
termination of this Grant, except as expressly permitted in this Grant.
B. Goods and Services
Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the
State.
C. Employees
All persons employed by Grantee or Subgrantees shall be considered Grantee's or Subgrantees' employee(s)
for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant.
7. PAYMENTS TO GRANTEE
The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using
the methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is $742,640.90, as determined by the
State from available funds. Grantee agrees to provide any additional funds required for the successful
completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set
forth in Exhibit B.
B. Payment
i. Advance, Interim and Final Payments
Any advance payment allowed under this Grant or in Exhibit B shall comply with State Fiscal Rules
and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any
payment requests by submitting invoices to the State in the form and manner set forth and approved by
the State.
i i. Interest
The State shall not pay interest on Grantee invoices. The State shall fully pay each invoice within 45
days of receipt thereof if the amount represents performance by Grantee previously accepted by the
State. The State shall not pay interest on Grantee invoices.
iii. Available Funds -Contingency -Termination
The State is prohibited by law from making fiscal commitments beyond the term of the State's current
fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State
appropriations as provided in the Colorado Special Provisions, set forth below. If Federal Funds are
used with this Grant in whole or in part, the State's performance hereunder is contingent upon the
continuing availability of such funds. Payments pursuant to this Grant shall be made only from available
funds encumbered for this Grant and the State's liability for such payments shall be limited to the amount
remaining of such encumbered funds. If State or Federal Funds are not appropriated, or otherwise
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DEF: Round #2 Public Assistance Match, Encumbrance #DEF-WLD-0I
become unavailable to fund this Grant, the State may immediately terminate this Grant in whole or in
part without further liability in accordance with the provisions herein.
iv. Erroneous Payments
At the State's sole discretion, payments made to Grantee in error for any reason, including, but not
limited to overpayments or improper payments, and unexpended or excess funds received by Grantee,
may be recovered from Grantee by deduction from subsequent payments under this Grant or other
Grants, grants or agreements between the State and Grantee or by other appropriate methods and
collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the
State.
v. Retroactive Payments
The State shall pay Pre -award Costs only if (1) the State allows reimbursement for Pre -award Costs by
a Grantee or Subgrantee, or (2) the Pre -award Costs have been specifically detailed in Grantee's grant
application, authorized by the State and incorporated in the Budget for the Work described in Exhibit
B. Any such retroactive payments shall comply with State Fiscal Rules and Grantee and any Subgrantees
shall have complied with all Federal laws, rules and regulations applicable to the Work before the State
shall make such payments. Grantee shall initiate any retroactive payment request by submitting invoices
to the State that set out Grantee's compliance with the provisions of this Grant.
vi. Repayment
Grantee shall conduct, in a satisfactory manner as determined by the State, the Project as set forth in this
Grant Agreement. The discretionary right of the State to terminate under §15(C) notwithstanding, it is
expressly understood and agreed by Grantee that the State shall have the right to terminate the Grant
Agreement and to recapture, and be reimbursed for any payments made by the State (i) that exceed the
maximum allowable grant payment; (ii) that are not allowed under applicable laws, rules, and
regulations; or (iii) that are otherwise inconsistent with this Grant Agreement, including any unapproved
expenditures. One year after completion of the Project for which funds were awarded, the Grantee must
report and certify whether additional funds were received for disaster -related expenses paid under this
Grant, the amount, and when funds were received. If additional funds were received that are determined
to be duplicative, the recipient must repay the State the total amount of additional funds received.
One year after completion of Project for which funds were awarded, the Grantee must report and certify
whether additional funds were received for disaster -related expenses, the amount, and when funds were
received. If additional funds were received that are determined to be duplicative, the Grantee must repay
the State the total amount of additional funds received.
As specified §5.1 in the Statement of Project, the State shall pay Grantee for costs or expenses incurred
or performance by the Grantee prior to the Effective Date, only if (1) the Grant Funds involve Federal
funding and (2) Federal laws, rules and regulations applicable to the Work provide for such retroactive
payments to the Grantee. Any such retroactive payments shall comply with State Fiscal Rules and be
made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment
request by submitting invoices to the State in the form and manner set forth and approved by the State.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Grantee may request
budget modifications by submitting a written Grant Change Request to the State, Exhibit D. In response to
such requests, the State may, in its sole discretion, agree to modify, adjust, and revise the Budget, delivery
dates, and the goals and objectives for the Work, and make such other modifications that do not change the
total amount of the Budget.
8. REPORTING - NOTIFICATION
Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and
in such form as prescribed by the State and in accordance with §16, if applicable.
A. Performance, Progress, Personnel, and Funds
Grantee shall comply with all reporting requirements, if any, set forth in Exhibit B.
B. Litigation Reporting
Within 10 days after being served with any pleading related to this Grant or Project, in a legal action filed
with a court or administrative agency, Grantee shall notify the State of such action and deliver copies of such
Page 5 of 19
DEF: Round #2 Public Assistance Match, Encumbrance #DEF-WLD-01
pleadings to the State's principal representative as identified herein. If the State's principal representative is
not then serving, such notice and copies shall be delivered to the Executive Director of DHSEM.
C. Performance Outside the State of Colorado and/or the United States
Following the Effective Date, Grantee shall provide written notice to the State, in accordance with §16
(Notices and Representatives), within 20 days of the earlier to occur of Grantee's decision to perform, or
its execution of an agreement with a Subgrantee to perform, Services outside the State of Colorado and/or
the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado
and/or the United States and the reason why it is necessary or advantageous to perform such Services at such
location or locations. All notices received by the State pursuant to this §8(C) shall be posted on the Colorado
Department of Personnel & Administration's website. Knowing failure by Grantee to provide notice to the
State under this §8(C) shall constitute a material breach of this Grant.
D. Noncompliance
Grantee's failure to provide reports and notify the State in a timely manner in accordance with this §8 may
result in the delay of payment of funds and/or termination as provided under this Grant.
E. Subgrants
Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be
submitted to the State or its principal representative upon request by the State. Any and all subgrants entered
into by Grantee related to its performance hereunder shall comply with all applicable Federal and State laws
and shall provide that such subgrants be governed by the laws of the State of Colorado.
9. GRANTEE RECORDS
Grantee shall make, keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited
to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record Retention
Period) until the last to occur of the following: (i) a period of five years after the date this Grant is completed
or terminated, or (ii) final payment is made hereunder, whichever is later, or (iii) for such further period as
may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received
notice that an audit is pending, then until such audit has been completed and its findings have been resolved
(the "Record Retention Period").
B. Inspection
Grantee shall permit the State, the Federal government and any other duly authorized agent of a governmental
agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant
during the Record Retention Period for a period of three years following termination of this Grant or final
payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Grantee's
performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places
during the term of this Grant, including any extension. If the Work fails to conform to the requirements of
this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant
requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re -performance
or other corrective measures, the State may require Grantee to take necessary action to ensure that future
performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or
inequity in lieu of or in conjunction with such corrective measures.
C. Monitoring
Grantee shall permit the State, the Federal government, and other governmental agencies having jurisdiction,
in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant
using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of
program data, special analyses, on -site checking, formal audit examinations, or any other procedures. All
monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with
Grantee's performance hereunder.
Page 6 of 19
DEF: Round #2 Public Assistance Match, Encumbrance #DEF-WLD-01
D. Final Audit Report
If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this Grant,
Grantee shall submit a copy of the final audit report to the State or its principal representative at the address
specified herein.
10. CONFIDENTIAL INFORMATION -STATE RECORDS
Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information, includes, but is not necessarily limited
to, state records, personnel records, and information concerning individuals.
A. Confidentiality
Grantee shall keep all State records and information confidential at all times and to comply with all laws and
regulations concerning confidentiality of information. Any request or demand by a third party for State
records and information in the possession of Grantee shall be immediately forwarded to the State's principal
representative.
B. Notification
Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State
records and confidential information that each is subject to the confidentiality requirements set forth herein,
and shall provide each with a written explanation of such requirements before they are permitted to access
such records and information.
C. Use, Security, and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee
or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee
shall provide and maintain a secure environment that ensures confidentiality of all State records and other
confidential information wherever located. Confidential information shall not be retained in any files or
otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the
D. State Disclosure -Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause for
legal action by third parties against Grantee, the State or their respective agents. Grantee shall indemnify,
save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability
and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any
act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to this §10.
E. Health Insurance Portability & Accountability Act of 1996 ("HIPAA")
This HIPAA section [check one] ['applies to or does not apply ® to this Grant. Federal law and regulations
governing the privacy of certain health information requires a "Business Associate Contract" between the
Department and Grantee [45 C.F.R. §164.504(e)]. Attached and incorporated herein by reference and agreed
to by the Parties is a HIPAA Business Associate Addendum for HIPAA compliance. Terms of the Addendum
shall be considered binding upon execution of this Grant and shall remain in effect during the term of this
Grant, including any extension.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or personal activities or practices or maintain any relationships which
conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that
with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests.
Absent the State's prior written approval, Grantee shall refrain from any practices, activities or relationships
that reasonably appear to be in conflict with the full performance of Grantee's obligations to the State
hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of
a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant
details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's
direction in regard to the apparent conflict constitutes a breach of this Grant.
12. REPRESENTATIONS AND WARRANTIES
Grantee makes the following specific representations and warranties, each of which was relied on by the State
in entering into this Grant.
Page 7 of 19
DEF: Round #2 Public Assistance Match, Encumbrance #DEF-WLD-0 l
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and
diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant.
B. Legal Authority — Grantee and Grantee's Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions
required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully
authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms.
If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter into this
Grant within 15 days of receiving such request.
C. Licenses, Permits, Etc.
Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term
hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other
authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all
necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly
perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all
employees and agents of Grantee performing Services under this Grant shall hold all required licenses or
certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity
transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain
any applicable certificate of authority to transact business in the State of Colorado and has designated a
registered agent in Colorado to accept service of process. Any revocation, withdrawal or non -renewal of
licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee
to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute
grounds for termination of this Grant.
13. INSURANCE
Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during
the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS
§24-10-101, et seq., as amended (the "GIA"), then Grantee shall maintain at all times during the term
of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its
liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if
requested by the State. Grantee shall require each Grant with Subgrantees that are public entities,
providing Goods or Services hereunder, to include the insurance requirements necessary to meet
Subgrantee's liabilities under the GIA.
ii. Non -Public Entities
If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain
during the term of this Grant insurance coverage and policies meeting the same requirements set forth
in §13(B) with respect to Subgrantees that are not "public entities".
B. Grantee and Subgrantees
Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing Goods
or Services in connection with this Grant, to include insurance requirements substantially similar to the
following:
i. Worker's Compensation
Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance
covering all of Grantee and Subgrantee employees acting within the course and scope of their
employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent,
covering premises operations, fire damage, independent contractors, products and completed operations,
blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:
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(a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and
completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below
$1,000,000 because of claims made or paid, Subgrantee shall immediately obtain additional insurance
to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactory to
Grantee showing compliance with this provision.
iii. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with
a minimum limit of $1,000,000 each accident combined single limit.
iv. Malpractice/Professional Liability Insurance
This section ❑ shall ® shall not apply to this Grant.
Grantee, Subgrantees and/or Subcontractors shall maintain in full force and effect a Professional
Liability Insurance Policy in the minimum amount of $1,000,000 per occurrence and $3,000,000 in the
aggregate, written on an occurrence form that provides coverage for its work undertaken pursuant to this
Grant. If a policy written on an occurrence form is not commercially available, the claims -made policy
shall remain in effect for the duration of this Grant and for at least two years beyond the completion and
acceptance of the work under this Grant, or, alternatively, a two year extended reporting period must be
purchased. The Grantee, Subgrantee or Subcontractor shall be responsible for all claims, damages, losses
or expenses, including attorney's fees, arising out of or resulting from such party's performance of
professional services under this Grant, a subcontract or subgrant.
v. Umbrella Liability Insurance
For construction projects exceeding $10,000,000, Grantee, Subgrantees and Subcontractors shall
maintain umbrella/excess liability insurance on an occurrence basis in excess of the underlying
insurance described in § I3(B)(i)-(iv) above. Coverage shall follow the terms of the underlying
insurance, included the additional insured and waiver of subrogation provisions. The amounts of
insurance required in subsections above may be satisfied by the Grantee, Subgrantee and Subcontractor
purchasing coverage for the limits specified or by any combination of underlying and umbrella limits,
so long as the total amount of insurance is not less than the limits specified in each section previously
mentioned. The insurance shall have a minimum amount of $5,000,000 per occurrence and $5,000,000
in the aggregate.
vi. Property Insurance
This subsection shall apply if Grant Funds are provided for the acquisition, construction, or
rehabilitation of real property.
Insurance on the buildings and other improvements now existing or hereafter erected on the premises
and on the fixtures and personal property included in the Subject Property against loss by fire, other
hazards covered by the so called "all risk" form of policy and such other perils as State shall from time
to time require with respect to properties of the nature and in the geographical area of the Subject
Properties, and to be in an amount at least equal to the replacement cost value of the Subject Property.
Grantor will at its sole cost and expense, from time to time and at any time, at the request of State provide
State with evidence satisfactory to State of the replacement cost of the Subject Property.
vii.Flood Insurance
If the Subject Property or any part thereof is at any time located in a designated official flood hazard
area, flood insurance insuring the buildings and improvements now existing or hereafter erected on the
Subject Property and the personal property used in the operation thereof in an amount equal to the lesser
of the amount required for property insurance identified in §vi above or the maximum limit of coverage
made available with respect to such buildings and improvements and personal property under applicable
Federal laws and the regulations issued thereunder.
viii. Builder's Risk Insurance
This subsection shall apply if Grant Funds are provided for construction or rehabilitation of real
property.
Grantee, Subgrantee and/or Subcontractor shall purchase and maintain property insurance written on a
builder's risk "all-risk" or equivalent policy form in the amount of the initial construction/rehabilitation
costs, plus value of subsequent modifications and cost of materials supplied or installed by others,
comprising total value for the entire Project at the site on a replacement cost basis without optional
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deductibles. Such property insurance shall be maintained, unless otherwise agreed in writing by all
persons and entities who are beneficiaries of such insurance, until final payment has been made or until
no person or entity other than the property owner has an insurable interest in the property.
a) The insurance shall include interests of the property owner, Grantee, Subgrantee, Subcontractors
in the Project as named insureds.
b) All associated deductibles shall be the responsibility of the Grantee, Subcontractor and
Subgrantee. Such policy may have a deductible clause but not to exceed $10,000.
c) Property insurance shall be on an "all risk" or equivalent policy form and shall include, without
limitation, insurance against the perils of fire (with extended coverage) and physical loss or
damage including, without duplication of coverage, theft, vandalism, malicious mischief,
collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and
debris removal including demolition occasioned by enforcement of any applicable legal
requirements, and shall cover reasonable compensation for Grantee's, Subgrantee's and
Subcontractor's services and expenses required as a result of such insured loss.
d) Builders Risk coverage shall include partial use by Grantee and/or property owner.
e) The amount of such insurance shall be increased to include the cost of any additional work to be
done on the Project, or materials or equipment to be incorporated in the Project, under other
independent contracts let or to be let. In such event, Subgrantee and Subcontractor shall be
reimbursed for this cost as his or her share of the insurance in the same ratio as the ratio of the
insurance represented by such independent contracts let or to be let to the total insurance carried.
ix. Pollution Liability Insurance
If Grantee and/or its Subgrantee or Subcontractor is providing directly or indirectly work with
pollution/environmental hazards, they must provide or cause those conducting the work to provide
Pollution Liability Insurance coverage. Pollution Liability policy must include contractual liability
coverage. The policy limits shall be in the amount of $1,000,000 with maximum deductible of $25,000
to be paid by the Grantee's Subcontractor and/or Subgrantee.
C. Miscellaneous Insurance Provisions
Certificates of Insurance and/or insurance policies required under this Grant shall be subject to the
following stipulations and additional requirements:
i. Deductible. Any and all deductibles or self -insured retentions contained in any Insurance policy shall
be assumed by and at the sole risk of the Grantee, its Subgrantees or Subcontractors,
ii. In Force. If any of the said policies shall fail at any time to meet the requirements of the Grant as to
form or substance, or if a company issuing any such policy shall be or at any time cease to be approved
by the Division of Insurance of the State of Colorado, or be or cease to be in compliance with any stricter
requirements of the Grant, the Grantee, its Subgrantee and its Subcontractor shall promptly obtain a new
policy.
iii. Insurer. All requisite insurance shall be obtained from financially responsible insurance companies,
authorized to do business in the State of Colorado and acceptable to Grantee.
iv. Additional Insured
Grantee and the State shall be named as additional insured on the Commercial General Liability and
Automobile Liability Insurance policies (leases and construction Grants require additional insured
coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent).
v. Primacy of Coverage
Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance
program carried by Grantee or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or non -renewal without
at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in
accordance with §16 (Notices and Representatives) within seven days of Grantee's receipt of such
notice.
vii. Subrogation Waiver
All insurance policies in any way related to this Grant and secured and maintained by Grantee or its
Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of
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recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
D. Certificates
Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to the
State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the
expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee
certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time
during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of such
request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13.
14. BREACH
A. Defined
In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any
of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a
breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by
or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which
is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a
breach.
B. Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in
the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a
cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued
with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to
the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may
immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to
prevent immediate public crisis.
15. REMEDIES
If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this
§15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure
period set forth in §14(B). The State may exercise any or all of the remedies available to it, in its sole
discretion, concurrently or consecutively.
A. Termination for Cause and/or Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its
completion in accordance with the provisions of this Grant and in a timely manner, the State may notify
Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to
promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire
Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise
by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue
performance of this Grant to the extent not terminated, if any.
i. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or render
further performance hereunder past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all
Work, Services and Goods not cancelled by the termination notice and may incur obligations as are
necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to
the State all of Grantee's right, title, and interest under such terminated orders or subcontracts. Upon
termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property
in the possession of Grantee in which the State has an interest. All materials owned by the State in the
possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the
State, shall be delivered by Grantee to the State and shall become the State's property.
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ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after
termination by the State, it is determined that Grantee was not in breach or that Grantee's action or
inaction was excusable, such termination shall be treated as a termination in the public interest and the
rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public
interest, as described herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for
any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State
may withhold any payment to Grantee for the purpose of mitigating the State's damages, until such time
as the exact amount of damages due to the State from Grantee is determined. The State may withhold
any amount that may be due to Grantee as the State deems necessary to protect the State, including loss
as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess
costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred
by the State in procuring from third parties replacement Work, Services or substitute Goods as cover.
B. Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado,
as determined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further the public
policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by
the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall
not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed
by §15(A) or as otherwise specifically provided for herein.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the
effective date of the termination and whether it affects all or a portion of this Grant.
ii. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations
and rights set forth in §15(A)(i).
iii. Payments
If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which
bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed
bear to the total Services covered by this Grant, less payments previously made. Additionally, if this
Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out-of-pocket
expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable
to the uncompleted portion of Grantee's obligations hereunder; provided that the sum of any and all
reimbursement shall not exceed the maximum amount payable to Grantee hereunder.
C. Termination for Convenience
In addition to the Remedies found in §15 of the main Grant agreement, the State may in its sole discretion
terminate this Grant at any time the State desires. The State shall effect such termination by giving written
notice of termination to the Grantee and specifying the effective date thereof, at least twenty (20) days before
the effective date of such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contract or
under this Contract shall, at the opinion of the State, become its property. In addition to the Remedies listed
in §15 of the main Grant agreement, this Grant may be terminated in whole or part as follows:
i. By the State with consent of the Grantee in which case the Grantee and State shall agree upon the
termination conditions including the effective date and in the case of partial termination, the portion to
be terminated.
ii. By the Grantee upon written notification to the State, setting forth the reasons for such termination, the
effective date, and in the case of partial termination, the portion to be terminated. However, if, in the
case of a partial termination, the States determines that the remaining portion of the Grant will not
accomplish the purposes for which the Grant was made, the State may terminate the Grant in its entirety.
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D. Remedies Not Involving Termination
The State, in its sole discretion, may exercise one or more of the following remedies in addition to other
remedies available to it:
i. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary
corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or
performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with
the State's directive and the State shall not be liable for costs incurred by Grantee after the suspension
of performance under this provision.
ii. Withhold Payment
Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and
completed.
iii. Deny Payment
Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot be
performed or, if performed, would be of no value to the State; provided, that any denial of payment shall
be reasonably related to the value to the State of the obligations not performed.
iv. Removal
Demand removal of any of Grantee's employees, agents, or Subgrantees whom the State deems
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation
to this Grant is deemed to be contrary to the public interest or not in the State's best interest.
v. Intellectual Property
If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right
while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the
State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other
product involved with non -infringing products or modify them so that they become non -infringing; or,
(c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods,
Services, or products and refund the price paid therefore to the State.
16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices required
to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to
such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard -
copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party
may from time to time designate by written notice substitute addresses or persons to whom such notices shall
be sent. Unless otherwise provided herein, all notices shall be effective upon receipt.
A. State:
Ezzie Michaels, Grants and Contracts Manager
Department of Public Safety,
Division of Homeland Security and Emergency Management
9195 E. Mineral Ave, Suite 200
Centennial, CO 80112
Ezzie.michaels@state.co.us
B. Grantee:
Roy Rudisill, Director, OEM
Emergency Management, Weld County
1150 O Street
Greeley, CO 80632
rrudisill@weld.gov.com
970-304-6540
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17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its
obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be
delivered to the State by Grantee upon completion or termination hereof. The State's exclusive rights in such
Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare
derivative works.
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or
implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado
Governmental Immunity Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to persons
or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards,
officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and
the risk management statutes, CRS §24-30-1501, et seq., as amended.
19. STATEWIDE GRANT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective
Date or at anytime thereafter, this §19 applies.
Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-
601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and
inclusion of Grant performance information in a statewide Grant management system.
Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions
of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance.
Evaluation and Review of Grantee's performance shall be part of the normal Grant administration process
and Grantee's performance will be systematically recorded in the statewide Grant Management System. Areas
of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of
information relevant to the performance of Grantee's obligations under this Grant shall be determined by the
specific requirements of such obligations and shall include factors tailored to match the requirements of
Grantee's obligations. Such performance information shall be entered into the statewide Grant Management
System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30
days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and
Review, and shall address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
meet the performance measures established hereunder, the Executive Director of the Colorado Department of
Personnel & Administration (Executive Director), upon request by the DHSEM, and showing of good cause,
may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final
Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or
correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the
debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the
reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good
cause.
20. GENERAL PROVISIONS
A. Assignment and Subgrants
Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted
without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without
such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are
subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting
arrangements and performance.
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B. Binding Effect
Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens,
shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and
assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all of which shall constitute one
agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions,
deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein.
F. Indemnification -General
Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all
claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs,
incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees
pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the
Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
2671 et seq., as applicable, as now or hereafter amended.
G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
H. List of Selected Applicable Laws
Grantee at all times during the performance of this Grant shall comply with all applicable Federal and State
laws and their implementing regulations, currently in existence and as hereafter amended, including without
limitation those set forth on Exhibit A, Applicable Laws. Grantee also shall require compliance with such
laws and regulations by Subgrantees under subgrants permitted by this Grant.
I. Use Covenants, Deed Restrictions and Conservation Easements
An individual Statement of Project shall specify if a Use Covenant, Deed Restriction or Conservation
Easement is required.
For Subject Property that is owned by Grantee upon execution of this Grant, Grantee shall record a Use
Covenant, in the form provided by the State, with the county in which the property resides as soon as
reasonably practicable after execution of this Grant. For Subject Property acquired by Grantee using Grant
Funds, Grantee shall record a Use Covenant, in the form provided by the State, with the county in which the
property resides as soon as reasonably practicable after acquisition of such property. For Subject Property
acquired by Grantee using Grant Funds for flood mitigation, Grantee shall record a Deed Restriction and/or
Conservation Easement, in the forms provided by the State, with the county in which the property resides as
soon as reasonably practicable after acquisition of such property.
J. Modification
i. By the Parties
Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless
agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in
accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller
Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS -
TOOLS AND FORMS.
ii. By Operation of Law
This Grant is subject to such modifications as may be required by changes in Federal or Colorado State
law, or their implementing regulations. Any such required modification automatically shall be
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incorporated into and be part of this Grant on the effective date of such change, as if fully set forth
herein.
iii. Grant Change Letter
The State may increase or decrease Grant Funds available under this Grant using a Form 1, Grant
Change Letter. The provisions of the Grant Change Letter shall become part of and be incorporated
into this Grant agreement. The Grant Change Letter is not valid until it has been approved by the State
Controller or designee.
K. Order of Precedence
The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those
provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the
following order of priority:
i. Colorado Special Provisions,
ii. The provisions of the main body of this Grant,
iii. Exhibit A — Applicable Laws,
iv. Exhibit B — Statement of Project,
v. Exhibit C — Procedure to Prevent Duplication of Benefits
vi. Exhibit D — Grant Change Letter
vii. Exhibit E — Residency Declaration
viii. Exhibit F — Project Performance Plan
ix. Exhibit G — Use Covenant
L. Severability
Provided this Grant can be executed and performance of the obligations of the Parties accomplished within
its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable
for any reason shall not affect the validity of any other provision hereof.
M. Survival of Certain Grant Terms
Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance,
compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the
State if Grantee fails to perform or comply as required.
N. Taxes
The State is exempt from all Federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State
and Local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply
when materials are purchased or services rendered to benefit the State; provided however, that certain
political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the
product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is
prohibited from paying for or reimbursing Grantee for them.
O. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not
to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental
to the Grant, and do not create any rights for such third parties.
P. Waiver
Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder,
whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent
breach of such term, provision or requirement, or of any other term, provision, or requirement.
Q. CORA Disclosure
To the extent not prohibited by Federal law, this Grant and the performance measures and standards under
CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS
§24-72-101, et seq.21.
21. COLORADO SPECIAL PROVISIONS
These Special Provisions apply to all Grants except where noted in italics.
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A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1).
This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee.
B. FUND AVAILABILITY. CRS §24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
No term or condition of this Grant 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, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as
applicable now or hereafter amended.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation
benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or
any of its agents or employees. Unemployment insurance benefits will be available to Grantee and its
employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay
when due all applicable employment taxes and income taxes and Local head taxes incurred pursuant to this
Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability
or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof
thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and
agents.
E. COMPLIANCE WITH LAW.
Grantee 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.
F. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this grant. Any provision included or incorporated herein by reference which
conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by
reference which purports to negate this or any other Special Provision in whole or in part shall not be valid
or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any
provision rendered null and void by the operation of this provision shall not invalidate the remainder of this
Grant, to the extent capable of execution.
G. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any
provision to the contrary in this Grant or incorporated herein by reference shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this Grant shall not be used for the acquisition, operation, or
maintenance of computer software in violation of Federal copyright laws or applicable licensing restrictions.
Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and
shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the
State determines that Grantee is in violation of this provision, the State may exercise any remedy available
at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and
any remedy consistent with Federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-20I and 24-50-
507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire
any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee's
services and Grantee shall not employ any person having such known interests.
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J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4.
[Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller
may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for:
(a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or
other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the
Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund;
and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action.
K. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Grantee certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this Grant and will confirm
the employment eligibility of all employees who are newly hired for employment in the United States to
perform work under this Grant, through participation in the E -Verify Program or the State program
established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an
illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to
Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work
under this Grant. Grantee (a) shall not use E -Verify Program or State program procedures to undertake pre-
employment screening of job applicants while this Grant is being performed, (b) shall notify the Subgrantee
and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is
employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the subgrant if a
Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the
notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee
participates in the State program, Grantee shall deliver to the granting State agency, Institution of Higher
Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the
legal work status of such employee, and shall comply with all of the other requirements of the State program.
If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the granting
State agency, institution of higher education or political subdivision may terminate this Grant for breach and,
if so terminated, Grantee shall be liable for damages.
L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101.
Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to Federal
law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of
identification required by CRS §24-76.5-103 prior to the effective date of this Grant.
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SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
* Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that
the State is relying on their representations to that effect.
GRANTEE
WELD COUNTY
By: Julie A. Cozad
STATE OF COLORADO
John Hickenlooper, GOVERNOR
Department of Public Safety,
Division of Homeland Security and Emergency Management
Kevin R. Klein, Director
Chair, Board of Weld
Title: County Commissioners
1'L,'((cam
Signature :
Date: JAN 0 9 2017
By: Kevin R. Klein, Director
Date: 1,25
`'1
2nd Grantee Signature if Needed
By:
LEGAL REVIEW
Cynthia H. Coffman, Attorney General
By:
Title:
Signature — Attorney General
Date:
*Signature
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below
by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins
performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or
services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
7/4A(
Colorado [�'ipartment of Public Safety, Ezra Michaels, Office of Preparedness Director
Date:
Page I9 of 19
XO7.7 - c4,21 (3)
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EXHIBIT A - APPLICABLE LAWS
Laws, regulations, and authoritative guidance incorporated into this Grant include, without limitation:
1. Age Discrimination Act of 1975, 42 U.S.C. Sections 6101, et seq.
2. Age Discrimination in Employment Act of 1967, 29 U.S.C. 621-634
3. Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, et seq.
4. Equal Pay Act of 1963, 29 U.S.C. 206(d)
5. Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b
6. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794
7. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d
8. Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e
9. Title IX of the Education Amendment of 1972, 20 U.S.C. 1681, et seq.
10. Colorado Local Governments Audit Law. CRS 29-1 601 et. Seq.:
11. Colorado Fiscal Procedures Manual, Office of the State Controller, Department of Personnel &
Administration
12. State of Colorado Procurement Manual, Office of the State Controller, Colorado Department of
Personnel & Administration
13. Titles 29-32 of Colorado Revised Statutes as applicable to the entity type
14. CRS 24-34-301, et seq., as amended (Colorado Civil Rights Division — Commission — Procedures)
15. CRS 24-33.5-701, et seq., as amended (Colorado Disaster Emergency Act)
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
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EXHIBIT B — STATEMENT OF PROJECT (SOP)
Colorado State Emergency Act, Disaster Emergency Fund
1 GENERAL DESCRIPTION OF THE PROJECT
1.1 Project Description. Colorado experienced Severe Storms, Flooding, Landslides, and mudslides
during the incident period from September 11 through September 30, 2013. The scope of work for this
grant is to provide local cost share match for multiple FEMA Public Assistance and FHWA grants for
road repair, reconstruction, and mitigation. The projects are: PW 112, PW 121, PW 851, PW 643, PW
665, PW 908, PW 663, PW 489, PW 510, PW 790, PW 687, PW 712, PW 661; and DDIR 13/26A,
54/41A, 54/13A, 27.5/48A, 17/50A, 13/44B.
1.2 Responsibilities. The Grantee shall be responsible for the completion of work to include all aspects of
road re -construction including engineering and design, and to provide required documentation to
DHSEM in a timely manner.
1.3 Pre -award Costs. All expenses that have been incurred after September 19, 2013, but prior to the
Effective Date may be submitted for reimbursement.
2 DEFINITIONS
2.1 Beneficiary. "Beneficiary" is specified on the Statement of Project.
2.2 Cost Savings. "Cost Savings" means the Project budget amount less the amount expended to complete
the Project Work. Cost Savings are determined at the time the Project Work is completed and the final
payment request is submitted by the Grantee to the State. Cost Savings do not result in payment by the
State to Grantee above actual expenditures beyond the required ratio, but de -obligates unexpended
Grant Funds. State shall provide written notice to Grantee verifying any Cost Savings.
2.3 Other Funds. "Other Funds" means funding provided by other Federal, state, Local or private sources
for the Project. Other Funds are good faith estimates and do not include Grant Funds.
2.4 Project Performance Plan. "Project Performance Plan" means the parties milestones, performance
goals and timelines.
2.5 Substantial Completion. "Substantial Completion" for each Project shall have the meaning given for
each Project in its associated Statement of Project and Project Performance Plan.
2.6 Use Covenant. "Use Covenant" means the use covenant that limits uses of the real property in a Project
which may be attached. Use Covenants only apply if they are attached to this Grant.
3 DELIVERABLES
3.1 Outcome. The final outcome of this project is to complete all aspects of work for road reconstruction
including engineering and design.
3.2 Service Area. The performance of the services described within this Grant shall be located in Weld
County.
3.3 Project Performance Plan. The Parties shall comply with the milestones, performance goals and
timelines outlined in the PPP.
4 PERSONNEL
4.1 Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of
Roy Rudisill, Director, OEM, an employee or agent of Grantee, who is hereby designated as the
Responsible Administrator of this project.
4.2 Other Key Personnel. None.
4.3 Replacement. Grantee shall immediately notify DHSEM if any key personnel cease to serve. Provided
there is a good -faith reason for the change, if Grantee wishes to replace its key personnel, it shall notify
DHSEM and seek its approval, which shall be at DHSEM's sole discretion, as DHSEM issued this Grant
in part reliance on Grantee's representations regarding Key Personnel. Such notice shall specify why
the change is necessary, who the proposed replacement is, what their qualifications are, and when the
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change will take effect. Anytime key personnel cease to serve, DHSEM, in its sole discretion, may
direct Grantee to suspend work on the Project until such time as their replacements are approved. All
notices sent under this subsection shall be sent in accordance with §16 of the Grant.
5 PAYMENT
Payments shall be made in accordance with the provisions set forth in §7 of the Grant.
5.1 Payment Schedule. Grantee shall disburse Grant Funds received from the State within fifteen days of
receipt. Excess funds shall be returned to the DHSEM.
Payment
Amount
Interim Payment(s)
$668,376.81
Paid upon receipt of actual expense documentation
and written requests from the Grantee for
reimbursement of eligible approved program
activities.
Final Payment
$74,264.09
Paid upon substantial completion of the Project,
provided that the Grantee has submitted, and the
DHSEM has accepted, all required reports.
Total
$742,640.90
5.2 Advance Payments. This subsection ❑ is, or ® is not applicable.
DHSEM Controller has previously approved in writing Advance Payments for this Project. If Work is
subcontracted or subgranted, such Subcontractors and/or Subgrantees are not previously paid, Grantee
shall disburse Grant Funds received from the State to such Subcontractor or Subgrantee within three
business days of receipt. Grantee shall provide DHSEM with proof of payment of qualified and eligible
expenses within three business days of such payment. Excess funds shall be returned to DHSEM.
To maximize the use of Grant Funds, the State shall evaluate Grantee's expenditure of the Grant Funds
for timeliness and compliance with the terms of this Grant and Statement of Project. DHSEM reserves
the right to recapture advanced Grant Funds when Grantee has not or is not complying with the terms
of this Grant and/or the Statement of Project.
5.3 Payments. The estimated amount payable by the State to the Grantee during each State fiscal year of
this Agreement shall be:
$742,640.90 in FY2017
$0.00 in FY2018
5.4 Remittance Address. If mailed, payments shall be remitted to the following address unless changed in
accordance with §16 of the Grant:
Weld County
1150 O Street
Greeley, CO 80632
5.5 Interest. Grantee or subgrantee may keep interest amounts up to $100 per year for administrative
expenses.
5.6 Recapture. Upon completion of activity for which funds were awarded Grantee shall report and certify
whether additional funds were received for disaster -related expenses, the amount, and when funds were
received. If additional funds were received that are determined to be duplicative, the awarded Grantee
must repay the State the total amount of additional funds received.
5.7 Advance Payments. To maximize the use of Grant Funds, the State shall evaluate Grantee's
expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant and Statement
of Project. DHSEM reserves the right to recapture advanced Grant Funds when Grantee has not or is
not complying with the terms of this Grant and/or the Statement of Project.
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5.8 Repayment. Grantee shall conduct, in a satisfactory manner as determined by the State, the Project as
set forth in this Grant Agreement. The discretionary right of the State to terminate for convenience
under § 15(C) notwithstanding, it is expressly understood and agreed by Grantee that the State shall
have the right to terminate the Grant Agreement and to recapture, and be reimbursed for any payments
made by the State (i) that are not allowed under applicable laws, rules, and regulations; or (iii) that are
otherwise inconsistent with this Grant Agreement, including any unapproved expenditures.
One year after completion of Project for which funds were awarded, the Grantee must report and certify
whether additional funds were received for disaster -related expenses, the amount, and when funds were
received. If additional funds were received that are determined to be duplicative, the recipient must
repay the State the total amount of additional funds received.
6 ADMINISTRATIVE REQUIREMENTS
The following subsections of this section are applicable to this Grant [Check one]: ❑ §6.1 through §6.5; or
®§6.1,6.2,6.3,6.5,6.6,6.7,6.8,and 6.9.
6.1 Reporting. Grantee shall submit the following reports to the DHSEM using the state -provided forms.
The DHSEM may withhold payment(s) if such reports are not submitted timely.
6.1.1 Monthly Pay Requests. Payment requests will be due on or before the 10th day of each month.
The State shall pay the Grantee for qualified and Eligible Expenses made in the performance of
this Project based on the submission of Pay Requests. The Grantee shall submit Pay Requests
setting forth a detailed description and provide documentation (including invoices) of the
amounts and types of reimbursable expenses. For months in which there are no expenditures to
reimburse, Grantee shall indicate zero (0) in the request. The Pay Request shall contain actual
expenditures of Grant Funds incurred in the period by Project Budget Line Item pursuant to §4.2
of this Statement of Project as well as a projection of all Project Work expected to be
accomplished in the following month, including an estimate of Grant Funds to be expended.
6.1.2 Financial Status Reports. One copy of the quarterly Financial Status Report shall be submitted
within 20 calendar days of the end of each calendar quarter.
6.1.3 Project Completion Report. Within 90 days after the completion of the Project or the final
draw, whichever is later, the Grantee shall submit one copy of the Project Completion Report,
and two copies of the final Financial Status Report.
6.2 Procurement Standards: Selection of subcontractors and purchase of materials to accomplish a
Subproject shall follow appropriate procurement standards as outlined in The State of Colorado's
Procurement Manual and Fiscal Policies. If the standards in the Procurement Manual and Fiscal
Policies conflict with this Grant, the provisions of this Grant shall prevail. Procurement documentation
shall be submitted to DHSEM at the time of occurrence.
6.3 Monitoring. The DHSEM shall monitor this Grant in accordance with its Risk Based Monitoring
Policy, and §9(B)&(C) and 12(B) of Grant Agreement.
6.4 Use Covenant. Grantee shall record a use covenant for each Project property in the land records in the
county in which such Project property is located, using a form substantially similar to Exhibit D. A
copy of the recorded use covenant shall be provided to the DHSEM at the time of recording, and is a
condition for payment.
6.4.1 Transfer of Use Covenant. The use covenant may terminate upon foreclosure or transfer in lieu
of foreclosure, unless the owner of record, before the foreclosure, or anyone with business or
family ties to the owner, obtains an ownership interest in the property.
6.4.2 Noncompliance with Use Covenant. If the Project is not used for housing the above described
beneficiaries, at the above described rents during the affordability term, Grantee or its successors
and assignees, heirs, grantees, or lessees, shall be required to repay to the State, within sixty days
of the State's request, the full amount of the Grant funds distributed for use on the Project. In
lieu of repayment, the DHSEM may authorize the Grantee, or its successors and assignees, heirs,
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grantees, or lessees, to retain such funds for other project(s) or repay the funds to one or more
public housing entities or private non-profit corporations.
6.5 Grantee Agreement to Reimburse Duplicative Benefits. Grantee acknowledges that the source and
amount of any and all additional funds received for costs associated with the disaster will be reported
to DHSEM within 15 calendar days of receipt. If DHSEM determines the additional funds to be
duplicative, the Grant Funds will be reduced by and/or the Grantee will be required to repay any
disbursed duplicative amount.
6.6 Bonds. If Project includes construction or facility improvements, Grantee, Subgrantee and/or their
subcontractors performing such Work shall secure the bonds hereunder from companies holding
certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and authorized to do business
in Colorado.
6.6.1 Bid Bond. A bid guarantee from each bidder of Work equivalent to five (5) percent of the bid
price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check,
or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon
acceptance of his bid, execute such contractual documents as may be required within the time
specified.
6.6.2 Performance Bond. A performance bond on the part of the Grantee, Subgrantee or their
subcontractor for 100 percent of the awarded contract price. A "performance bond" is one
executed in connection with a contract to secure fulfillment of all the Grantee, Subgrantee or
their subcontractor's obligations under such contract.
6.6.3 Payment Bond. A payment bond on the part of the Grantee, Subgrantee or their subcontractor
for 100 percent of the awarded contract price. A "payment bond" is one executed in connection
with a contract to assure payment as required by statute of all persons supplying labor and
material in the execution of the work provided for in the contract.
6.6.4 Substitution. Grantee may request and DHSEM may approve, at its sole discretion, a waiver to
allow another form of surety in lieu of the bonding requirements in this §6.6. Such surety shall
be in the form of an Irrevocable Letter of Credit (ILC) or cash collateral, in form and substance
acceptable, and payable, to the State. The amount of the surety shall be no less than the total
amount of the Grant.
6.7 Construction Standards. For all rehabilitation, reconstruction, new construction and clearance of or
demolition of existing structures, Grantee shall or shall cause such projects to meet the construction
standards outlined below:
6.7.1 Plans & Specifications. Construction plans and specifications (the "Plans") shall be drawn up
by a qualified engineer or architect licensed in the State of Colorado, or pre-engineered in
accordance with Colorado law, and hired by the Grantee. All Plans must be stamped by a
licensed professional civil engineer in the State of Colorado.
6.7.2 Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory
design and construction standards and procedures that may be required, including the standards
required by Colorado Department of Public Health and Environment, and shall provide the State
with documentation of such compliance.
6.7.3 Bidding. Grantee shall provide to DHSEM all necessary forms relating to bidding and
construction funded by this Grant.
6.7.4 License, permits, etc. Grantee shall ensure that Beneficiaries and their subcontractors (if
required to register to do business in the State of Colorado and if performing services in the State
of Colorado).
6.7.5 Oversight. Construction Work must be built to the approved Plans. A professional engineer
shall have responsible charge of the Work for quality and safety.
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6.8 Davis -Bacon Act.
This section ® shall ❑ shall not apply to this Project.
Grantee shall comply with all the requirements set forth in 24 CFR §570.603 (Davis -Bacon Act) for all
FHWA projects, unless otherwise exempt. FEMA Public Assistance projects are expempt for Davis -
Bacon and matching funds provided by this grant are thus exempt as well.
6.9 Minority and Women Business Enterprises (24 CFR 570.506(g)(6)). To the greatest extent feasible,
the Grantee and Subgrantee (if applicable) will take affirmative steps to assure that women's business
enterprises have an equal opportunity to obtain or compete for subcontracts.
6.10 Uniform Relocation Act (URA). Grantee and Subgrantee are required to follow a URA Residential
Anti -displacement and Relocation Assistance Plan when designing their programs in that obligations
related to voluntary property acquisition activities for vacant and abandoned property apply. Grantee
shall follow the alternative relocation requirements associated with these Grant Funds.
7 PROJECT BUDGET
Construction
$381,758.54
$6,354,712.30
County/Federal funds
$6,736,470.84
Design and Engineering
$240,588.24
$1,684,117.72
County/Federal funds
$1,924,705.96
Project Management/
Administration
$120,294.12
$842,058.86
County/Federal funds
$962,352.98
Total Project
$742,640.90
$8,880,888.88
$9,623,529.78
Total Award Amount
$742,640.90
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EXHIBIT C - PROCEDURE TO PREVENT DUPLICATION OF BENEFITS
For activities carried out by Grantee, the designated administrator of the activity will be contractually required to
complete this procedure and submit documentation for review before the responsible State agency will release
payment.
1. PROCEDURE
a. Prior to assistance
i. Identify total need
1. Determine the specific purpose for the grant request
2. Total need will be determined by project type (e.g. homeowner rehabilitation cost
estimate, infrastructure reconstruction cost estimate). The total need must be
documented.
3. All costs included in total need must be reasonable and necessary.
ii. Identify all other potentially duplicative sources of funding received and reasonably
anticipated
1. For individuals as well as entities, the application for assistance will require
documentation for all sources of funding received or reasonably anticipated, and
certification that all assistance is reported.
2. 3rd party verify when possible (FEMA, SBA)
iii. Determine which funding sources to include in and exclude from unmet need calculation
(based upon guidance in Fed. Reg. 71,060 - 71,066 (November 16, 2011)) and deduct
assistance determined to be duplicative
iv. Apply program cap, if applicable
v. Arrive at maximum award
vi. Execute grant/loan agreement with recipient, including provision that all additional funds
received will be reported to the State or Grantee program administrator within 15 calendar
days. If the additional funds are determined to be duplicative, the award will be reduced
and/or the recipient will be required to repay any disbursed duplicative benefit.
b. Upon completion of activity for which funds were awarded
i. Require recipient to report and certify whether additional funds were received for disaster -
related expenses, the amount, and when funds were received. If additional funds were
received that are determined to be duplicative, require repayment.
c. One year after completion of activity for which funds were awarded
i. Require recipient to report and certify whether additional funds were received for disaster -
related expenses, the amount, and when funds were received. If additional funds were
received that are determined to be duplicative, require repayment.
2. RESPONSIBLE
a. Colorado Department of Public Safety, Division of Homeland Security and Emergency Management
i. Activities carried out through Grantees
ii. DEF Program Manager — contract review and oversight
b. Activities carried out through Grantee
i. Grantee program administrator — initial calculation and follow-up
ii. Contract managers — review Grantee submitted calculations and documentation and monitor
for compliance
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DEF: Round #2 Public Assistance Match, Encumbrance #DEF-WLD-01
The applicant, Weld County , certifies acceptance of responsibility to adhere to the Procedure for the
Prevention of Duplication of Benefits, and assumes responsibility for adherence by any and all Subcontractors or
Grantees to the program.
JAN 0 9 2017
Signature, Chief Elected Off ia1/Executive Director/President Date
By: Julie A. Cozad
Chair, Board of Weld
Title: County Commissioners
Page 2 of 2 - Exhibit C - Duplication of Benefits
c,Zo / 7— 0/,20)
DEF: Round #2 Public Assistance Match, Encumbrance #DEF-WLD-01
EXHIBIT D - GRANT CHANGE LETTER
GRANT CHANGE LETTER
NUMBER "SAMPLE ONLY"
To The
AGREEMENT
Between the
STATE OF COLORADO
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT
And
INSERT GRANTEE NAME
In accordance with Section of the Original Grant Agreement between the State of Colorado, acting by and
through the Department of Public Safety, Division of Homeland Security and Emergency Management, and
Contractor's Name beginning Insert start date and ending on Insert ending date, the provisions of the Contract and
any amendments thereto affected by this Grant Award Letter are modified as follows:
1) Project Description. Grantee shall perform the activities listed in Grantee's Application dated , which
is incorporated by reference herein in accordance with the provisions of the Original Contract.
Budget
$0.00
$0.00
$0.00
Total Project
$0.00
Total Award Amount
$0.00
$0.00
$0.00
2) Price/Cost. The maximum amount payable by the State for performance of this Grant Agreement is
3) Performance Period. Grantee shall complete its obligations under this Grant Agreement on or before
4) Effective Date. The effective date hereof is upon approval of the State Controller or , whichever is
later.
Page I 4)1'2 - Exhibit D — Grant Change Letter
DEF: Round #2 Public Assistance Match, Encumbrance #DEF-WLD-01
5) Additional Requirements. None
By:
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
DEPARTMENT OF PUBLIC SAFETY
Division of Homeland Security and Emergency
Management
Date:
Kevin Klein, Director
ALL GRANTS REOUIRE APPROVAL BY
THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to
approve all State Grants. This Grant is not valid
until signed and dated below by the State
Controller or delegate. Grantee is not authorized to
begin performance until such time. If Grantee
begins performing prior thereto, the State of
Colorado is not obligated to pay Grantee for such
performance or for any goods and/or services
provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: "SAMPLE ONLY"
Department of Public Safety
Date:
Page 2 of 2 - Exhibit D — Grant Change Letter
DEF: Round #2 Public Assistance Match, Encumbrance #DEF-WLD-0I
EXHIBIT E - RESIDENCY DECLARATION
This section ❑ shall I ® shall not apply to this Grant. Insert if applicable.
In order to be eligible to receive the assistance you seek, you, as an applicant must be lawfully within the United
States. Please read this Declaration carefully. Please feel free to consult with an immigration lawyer or other
expert of your choosing.
I' , swear or affirm under penalty of perjury that (check one):
❑ I am a United States citizen, or
❑ I am a non -citizen national of the United States, or
❑ I have an immigration status that makes me a "qualified alien".
I hereby agree to provide any documentation which may be required pursuant to Federal law, Interim Guidelines
published by the United States Department of Justice (62 FR 61344) or, if applicable, Colorado laws and
regulations, if the Colorado laws are not inconsistent with Federal law.
I acknowledge that making a false, fictitious, or fraudulent statement or representation in this Declaration is
punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statues
§ 18-8-503 and shall constitute a separate criminal offense each time a public benefit is fraudulently received.
Name (please print)
Signature
Date
Page I of 1 — Exhibit E — Residency Declaration
Name of Agency
Round 2 Public Assistance Match
Name of Project
Contract Number: DEF-WLD-01
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Page 1 of 5 — Exhibit F — Project Performance Plan
ACHIEVED:
MM/DD/20YY
A0
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x A
A0
W N
x A
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'Jia1«Gc nas we capacity to utilize state Release budget funds only
resources to fulfill contract obligations. after received payment
requests.
Provide documents with first
payment submittal.
Provide documentation at 50% and 100% Grantee shall submit schedule, and progress Provide documents with
completion of Construction reports during the construction phase of the payment requests.
project.
Varies by project. Prior to reimbursement of
over 50% and 100% of expenses.
Grantee shall submit executed contract of a
qualified General Contractor along with bid
analysis. Ensure Davis Bacon and other cross
cutting regulations are incorporated in the
General Contractor executed contract.
Provide budget prior to or with Grantee
executed contracts by:
November 2016
Provide a copy of the final Engineering
drawings
September 2017
Provide documentation for bid and Award of
a General Contractor
Varies by project. Prior to reimbursement for
any project.
Page 2 of 5 — Exhibit F — Project Performance Plan
DEF: Round #2 Public Assistance Match, Encumbrance #DEF-WLD-01
Submit timely quarterly Project Performance Grantee will monitor work performed under Review documents and
Plan accomplishments within 10 calendar the Scope of the Contract. provide follow up technical
days of the end of each month for the term of assistance as necessary.
the contract. ACHIEVED:
MM/DD/20YY
July 2016
ACHIEVED:
MM/DD/20YY
October 2016
ACHIEVED:
January 2017 MM/DD/20YY
April 2017 ACHIEVED:
July 2017 MM/DD/20YY
ACHIEVED:
October 2017 MM/DD/20YY
December 2017 ACHIEVED:
MM/DD/20YY
Page 3 of 5 — Exhibit F — Project Performance Plan
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Page 4 of 5 — Exhibit F — Project Performance Plan
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Page 5 of 5 — Exhibit F — Project Performance Plan
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