HomeMy WebLinkAbout20151300.tiff RESOLUTION
RE: APPROVE STATE NOXIOUS WEED FUND GRANT AGREEMENT FOR MAPPING
ALONG THE SOUTH PLATTE RIVER 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 State Noxious Weed Fund Grant
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, Weed Division,
and the Colorado Department of Agriculture, commencing upon full execution of signatures and
ending January 8, 2016, with further terms and conditions being as stated in said grant
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said grant 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 State Noxious Weed Fund Grant Agreement between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Works, Weed Division, and the Colorado Department of
Agriculture be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said grant agreement,
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of May, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
ATTEST: � !•_</ c
�,(!`/�/ .ato:ei Barbara Kirkmey , Chair
Weld County Clerk to the Board
IIMike Freeman, Pro-Tem
BY:9
D-py Clerk to the :oaJ
can P. Conwa / /
lf.(v a lid1161APPROVED AS TO FOR � � � (4 =�= (J
lie A. Cozad
County Attorney
`= Steve Moreno
Date of signature: 5J 8
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2015-1300
EG0072
1861VAT
EL MEMORANDUM
CIEGO_Li
NTY
TO: Clerk to the Board DATE: May 4, 2015
FROM: Tina Booton, Public Work 126
Jay McDonald, Direc •r of ublic Works
SUBJECT: Agen a! cm
This request is for a signature on the contract for a Colorado Department of Agriculture grant
to map the South Platte River for noxious weeds,including Russian olive and tamarisk trees as
well as providing cost-share for landowners affected by the 2013 flood.
This grant hires a seasonal staff member for 1300 hours to do the work as well as provides
$10,000 for cost-share with landowners at 100% for the chemical.
In total Weld County was awarded$34,106.Weld County's in-kind match is$24,293,partners
in-kind match is $9,813. The total in-kind match is $34,106.
This grant program is for lands along the South Platte River for mapping. All lands impacted
by the 2013 flood may qualify for the cost-share funds. The following rivers: South Platte,St.
Vrain, Big Thompson, Little Thompson and Cache La Poudre rivers fall within the grant
project.
Please add this item to the agenda for Wednesday, May 6,2015
2015-1300
��� E600t
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/ WORK SESSION REQUEST
RE: Weld County Russian Olive, Tamarisk And Purple Loosestrife Mapping on the South Platte River
DEPARTMENT: Public Works, Weed Division DATE: May 1, 2015
PERSON REQUESTING: Tina Booton, Weed Division Supervisor
Brief description of the problem/issue:
The Colorado Department of Agriculture has $100,000 to distribute in grants for vNeed control to help with properties
impacted by the recent natural disasters. In January of 2015 a grant application was submitted for these funds.
In February 2015 Weld County was awarded full funding under this grant. The original grant was set-up to
provide $17.226 to fund one (1), five and a half(5.5) month seasonal position to contact the landowners, map
these species_ while starting the legwork for future grants to remove these trees. Any purple loosestrife
infestations not on the edge of the South Platte River will be addressed as found. Additional List A. List B
species set for eradication and Watch List species found that are identified will he addressed as appropriate. The
local match was $19,333. The local match is in-kind match from the Weed Division Budget. and
Longmont/Boulder Conservation Districts. These in-kind expenditures are for Longmont/Boulder CD
newsletter. equipment needed for this project (vehicle, computer. (IPS unit. etc.) and the purple loosestrife
eradication week.
At a recent meeting in Gilcrest. Commissioner Conway was able to point out the discrepancy in flood recovery
assistance between Weld, Lorimer and Boulder Counties. Two local residents also voiced their concerns with
the increased weed pressures from the flood and all of the disturbed ground. As a result, the Colorado
Department of Agriculture re-evaluated the natural disasters grant application and decided to provide additional
funds. $10,000 was added to the grant to pick up 100% of the cost for chemical control of all A, 13 and C list
species for landowners along the S. Platte. St. Vrain, Thompsons and Poudre Rivers that had flood water on
them. They also extended the seasonal staff time by 9 weeks or $6480. Weld County's in-kind match was
increased by $4400. This was covered by the additional vehicle usage and supervision. Landowners' in-kind
match for their labor to apply the herbicides at an estimated $8873 made up the rest of the 1 :1 match that was
required for the grant.
What options exist for the Board? (Include consequences, impacts,costs, etc. of options)
I. Put the contract for signature on the BOCC agenda for Wednesday. May 6
2. Do not sign the Department of Agriculture grant contract.
Recommendation:
I. Put the contract for signature on the BOCC agenda for Wednesday, May 6.
Approve Schedule
Recommendation Work Session Other/Comments:
Barb Kirkmever, Chair
Mike Freeman, Pro Fern
mil_
Sean P. C omvay —
Steve Moreno $i.
Julie Cozad
Jennifer Fuller
From: Tina Booton
Sent: Friday, May 01. 2015 3:28 PM
To: Sean Conway; Barbara Kirkmeyer; Julie Cozad; Mike Freeman; Steve Moreno
Cc: Barb Connolly; Don Warden; Jay McDonald: Jennifer Fuller; Esther Gesick
Subject: Grant adjustment
Attachments: Weld County TRO and PL Mapping Grant upgraded grant.doc
Attached is an updated pass around for a grant contract. The original grant application pass around was
approved in December 2014.
After Commissioner Conway "worked his magic- at a recent meeting, the Colorado Department of Agriculture
decided to offer us additional funds to provide assistance for victims of the 2013 flood to help with weed
control. $10.000 was added to the original grant to provide 100% cost-share for the purchase of chemicals
throughout all of 2015 for flooded acres. The landowners will be responsible for the labor. All noxious weeds
on the A, B and C lists are eligible for control. The grant also extended the seasonal staff time to work this grant
project by 9 weeks or through the end of 2015.
The original grant asked for $17.226 and had an in-kind match of$19,333. The new grant contract is an equal
one to one match of$34,106.
Due to the time sensitivity of the weed season and training of a seasonal staff member, I would like to have this
request approved for a signature on the contract so that it may be placed on Wednesday's agenda if at all
possible.
Please let me know if there are any questions. Sorry for the short notice. however. I just received the official
contract today.
Sincerely.
Tina Booton
Weed Division Supervisor
Weld County Public Works
PO Box 758, Greeley, CO 80632
970-304-6496 ext. 3770
www weldweedsorg
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1
Contract#CTGCI BDAA 201500003239
STATE OF COLORADO
Department of Agriculture
Grant Agreement
with
Weld County
TABLE OF CONTENTS
1. PARTIES 1
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 1
3, RECITALS 1
4, DEFINITIONS 2
5. TERM and EARLY TERMINATION, 2
6. STATEMENT OF WORK 3
7. PAYMENTS TO GRANTEE 3
8. REPORTING -NOTIFICATION 4
9. GRANTEE RECORDS 4
10.CONFIDENTIAL INFORMATION-STATE RECORDS 5
11. CONFLICTS OF INTEREST 6
12. REPRESENTATIONS AND WARRANTIES 6
13. INSURANCE 6
14. BREACH 8
15. REMEDIES 8
16. NOTICES and REPRESENTATIVES 10
17. RIGHTS IN DATA, DOCUMENTS,AND COMPUTER SOFTWARE 10
18. GOVERNMENTAL IMMUNITY 10
19. STATEWIDE GRANT MANAGEMENT SYSTEM 10
20. GENERAL PROVISIONS I I
21. COLORADO SPECIAL PROVISIONS 13
22. SIGNATURE PAGE 15
EXHIBIT A-STATEMENT OF WORK
1. PARTIES
This Grant Agreement (hereinafter called"Grant")is entered into by and between Weld County (hereinafter
called "Grantee"), and the STATE OF COLORADO acting by and through the Department of Agriculture
(hereinafter called the"State").
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.
3. RECITALS
A. Authority, Appropriation, and Approval
Authority to enter into this Grant exists in C.R.S. 35.5-5.5-108.5(2)(b)(I1) and funds have been budgeted,
appropriated, and otherwise made available pursuant to HB14-1336 and a sufficient unencumbered balance
thereof remains available for payment. Required approvals, clearance and coordination have been
accomplished from and with appropriate agencies.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration arc sufficient and adequate to support this Grant.
C. Purpose
Page 1 of 15
To provide funds to aid in the detection and treatment of noxious weed populations.
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. Budget
"Budget" means the budget for the Work described in Exhibit A.
B. Evaluation
"Evaluation"means the process of examining Grantee's Work and rating it based on criteria established in
§6 and Exhibit A.
C. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein: Exhibit A (Statement of Work).
D. Goods
"Goods" means tangible material acquired, produced,or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
E. 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.
F. Grant Funds
"Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant.
G. Party or Parties
"Party" means the State or Grantee and"Parties" means both the State and Grantee.
H. Program
"Program" means the noxious weed grant program that provides the funding for this Grant.
I. 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 A.
J. Services
"Services"means the required services to be performed by Grantee pursuant to this Grant.
K. Subgrantee
"Subgrantee" means third-parties, if any, engaged by Grantee to aid in performance of its obligations.
L. Work
"Work"means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhibit A, including the performance of the Services and delivery of the Goods.
M. 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.
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 April 24,2015. This Grant shall terminate on January, 8 2016 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
Page 2 of 15
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 WORK
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibit A on or
before January 8, 2016. 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.
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' employec(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 $34,106, 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 A. The maximum amount payable by the State to Grantee during each State fiscal year
of this Grant shall be:
$15,000 in FY'2015
$19,106 in FY'2016
B. Payment
i. Advance, Interim and Final Payments
Any advance payment allowed under this Grant or in Exhibit A 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.
ii. Interest
The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced
represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by
the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance beginning on
the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that
interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall
invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the
delinquent payment, the number of day's interest to be paid and the interest rate.
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 arc
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
Page 3 of 15
otherwise become unavailable to fiend 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.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Grantee may adjust
budgeted expenditure amounts up to 10% within each line item of said Budget without approval of the
State. Adjustments in excess of 10% shall be authorized by the State in an amendment to this Grant. The
State's total consideration shall not exceed the maximum amount shown herein.
D. Matching Funds
Grantee shall provide matching funds as provided in Exhibit A. Grantee shall have raised the full amount
of matching funds prior to the Effective Date and shall report to the State regarding the status of such funds
upon request.
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 §19, if applicable.
A. Performance, Progress, Personnel, and Funds
State shall submit a report to the Grantee upon expiration or sooner termination of this Grant, containing an
Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In
addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit A.
B. Litigation Reporting
Within 10 days after being served with any pleading in a legal action filed with a court or administrative
agency, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder,
Grantee shall notify the State of such action and deliver copies of such 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 Department of Agriculture.
C. Performance Outside the State of Colorado and/or the United States
/Not applicable if Grant Funds include any federal funds)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. Sub-grants
Copies of any and all sub-grants 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 sub-grants
entered into by Grantee related to its performance hereunder shall comply with all applicable federal and
state laws and shall provide that such sub-grants 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:
Page 4 of 15
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 three 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.
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, subgrantccs,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 arc 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
Page 5 of 15
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 State.
D. 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.
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.
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
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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 Subgrantces 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 Subgrantces
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: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c)
$1,000,000 products and completed operations aggregate; and (d) S50,000 any one fire. If any
aggregate limit is reduced below S1,000,000 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 S1,000,000 each accident combined single limit.
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
recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions,
organizations, officers,agents, employees, and volunteers.
C. 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
Page 7 of 15
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.
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
Page 8 of 15
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. 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
Page 9 of 15
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:
Cecily Mui
Colorado Department of Agriculture
305 Interlocken Parkway
Broomfield, CO. 80021
303-869-9036
Cecily.muiLL)state.co.us
B. Grantee:
Tina Booton
Weld County
P.O. Box 758
Greeley, CO. 80632
970-381-4052
tbooton@co.weld.co.us
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. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose
other than the performance of Grantee's obligations hereunder without the prior written consent of the State.
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.
Page 10 of 15
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 Department of Agriculture, 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.
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.
Page 11 of 15
H. 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
incorporated into and be part of this Grant on the effective date of such change, as if fully set forth
herein.
I. 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.
J. 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
K. 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.
L. 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.
M. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligations hereunder arc 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.
N. 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.
O. 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.
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Page 12 of 15
21. COLORADO SPECIAL PROVISIONS
These Special Provisions apply to all Grants except where noted in italics.
A. 1. 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. 2. 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. 3. 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. 4. 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 arc 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. 5. 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. 6. 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. 7. 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. 8. 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.
Page 13 of 15
I. 9. EMPLOYEE FINANCIAL INTEREST/CONF'LICT OF INTEREST. CRS §§24-18-201 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.
J. 10. 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. 11. 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 Subgrantec 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. 12. 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.
SPs Effective t/1/09
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Page 14 of 15
22.SIGNATURE PAGE
Contract#CTGG I BDAA 201500003239
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 STATE OF COLORADO
Weld County
John W.Hickenlooper,Governor
By: Barbara Kirkmeyer Department of Agriculture
Title: Chair, Board of We d County Commissioners Don Brown,Commissioner kdaUL*Si matte )1,
Ch s Wise nan,Deputy Commissioner
Date: MAY 0 6 2015 Signal ry avers to the State Controller or delegate that
Grantee has not begun performance or that a Statutory
Violation waiver has been requested under Fiscal Rules
Date: 5)X3/15
2nd Grantee Signature if Needed LEGAL REVIEW
By: INSERT-Name of Authorized Individual Cynthia H.Coffman,Attorney General
Title:INSERT-Official Title of Authorized Individual
By:
Signature-Assistant Attorney General
*Signature
Date: 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: L,C I
Ellie L.,Controller
Date, '� (T (2c
Page 15 of 15
p24'4.5--- 3ba(i)
ATTEST: dAttrANJ 'g1 BOARD OF COUNTY COMMISSIONERS
Weld nt Clerk to the and WE D COUNTY, COL RADO
BY: , -/J
eputy CI to a Board arbara Kirkmeyer, hair MAY 6 20i5,}4,340OVE AS F 4 D \LM APPROVED AS.T.O-S BSTANCE:
" 5� le- -d • cial or Department Head
Controller 1b61 ��
APP D ! •' �;�r- I hi /A
4 � `�� / Director of General Services
County ey
( 2O1 5--/300 0 )
Exhibit A—Statement of Work
Lead Partner: Weld County Weed Division
Project Name: Weld County Russian Olive, Tamarisk and Purple Loosestrife Mapping and
Noxious Weed Treatment along the South Platte River
I.) General Description of Project
Weld County will hire a seasonal employee to work with landowners along the South Platte
River to map and treat Russian olive, tamarisk, purple loosestrife and any other List A and B
species with state and county designations for eradication and elimination. Weld County will
also work with landowners along the South Platte River and flood impacted tributaries to
implement weed management plans for noxious weeds and a cost-share for noxious weed
treatment within the 2013 flood impacted sites.
II.) Definitions
CDA—Colorado Department of Agriculture
DOLA—Department of Local Affairs
NWF—Noxious Weed Fund
III.) Deliverables—Milestone 1,(the period from project start date to June 30,2015)
• Grantee shall purchase all equipment as requested in the budget and, along with any
incurred personnel expenses, submit for reimbursement;
• Hire a seasonal employee to contact landowners along the South Platte River and flood
impacted tributaries, identify and map noxious weeds,work with landowners to create weed
management plans,and implement a cost-share for weed control;
• Map noxious weeds on 90%of the lands adjacent to the South Platte River beginning at the
upstream end with a focus on flood impacted sites;
• Treat List A and B elimination species found along the South Platte River and flood impacted
tributaries;
o Targeted weeds will include: purple loosestrife, orange hawkweed, Mediterranean
sage, knotweeds, Russian olive,tamarisk, scentless chamomile, bull thistle, moth
mullein, and yellow toadflax
• Create a plan for long-term management of noxious weeds along the South Platte River and
flood impacted tributaries;
• Work with 100 landowners to implement a weed management plan for List A, B, and C
noxious weed species;
• Implement a cost-share with landowners impacted by the 2013 flood;
Page 1 of 4
o Design, announce, and implement a cost-share to reimburse landowners impacted
by the flood with 100%of the cost of herbicides to treat listed A, B, and C noxious
weeds within flood impacted sites
o Complete a weed management plan for all cost-share participants
• Provide outreach and education regarding this project and noxious weed
o Post Facebook updates
o Work with Longmont and Boulder Conservation Districts to publish at least one
article in their newsletter
IV.) Deliverables—Milestone 2, (the period from July 1 to January 8, 2016)
• Grantee shall continue working with a seasonal employee to contact landowners along the
South Platte River and flood impacted tributaries, identify and map noxious weeds, work
with landowners to create weed management plans, and implement a cost-share for weed
control;
• Continue mapping noxious weeds on 90%of the lands adjacent to the South Platte River
beginning at the upstream end with a focus on flood impacted sites;
• Continue with treating List A and B elimination species found along the South Platte River
and flood impacted tributaries;
o Targeted weeds will include: purple loosestrife, orange hawkweed, Mediterranean
sage, knotweeds, Russian olive, tamarisk, scentless chamomile, bull thistle, moth
mullein, and yellow toadflax
o Monitor and treat 77 miles of the South Platte River for purple loosestrife
• Continue working on long-term management plan for noxious weeds along the South Platte
River and flood impacted tributaries;
• Continue working with 100 landowners to implement a weed management plan for List A, B,
and C noxious weed species;
• Continue implementing a cost-share with landowners impacted by the 2013 flood;
o Design, announce, and implement a cost-share to reimburse landowners impacted
by the flood with 100%of the cost of herbicides to treat listed A, B, and C noxious
weeds within flood impacted sites
o Complete a weed management plan for all cost-share participants
• Continue providing outreach and education regarding this project and noxious weed
o Post at least 32 Facebook updates
o Publish an article in the Longmont and Boulder Conservation Districts newsletter
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V.) Personnel
• Tina Booton, project manager/contact
• Weld County Weed Division seasonal employee
• Other Weld County staff, as required
Contact information for project lead:
(970) 381-4052
tbooton@co.weld.co.us
Weld County
P. O. Box 758
Greeley, CO 80632
VI.) Acceptance Criteria
Work Product
• The interim and final reports will include a narrative of how the deliverables were met,
including acreage treated and status of the populations treated (estimated years of soil-seed
reserve,and follow-up activities planned).
Budget
• CDA Weed NWF funds projects are awarded to Weld County in the amount of$15,000 for
Milestone 1,and $19,106 for Milestone 2. This is the maximum amount awarded;the final
reimbursement amount depends on a documented final match of at least$34,106 for the
entire project. CDA shall approve all expenses claimed for reimbursement.
• CDA NWF funds will be used for expenses that are in general concordance with the budget
submitted to CDA("Weld Co Nat Disaster grant_2015_Revised Budget"), as revised.
Significant departures from this budget without prior CDA approval may result in some
reimbursed expenses being reduced or not reimbursed.
• Matching funds/in-kind will be from non-CDA state sources, as well as federal and other local
sources, provided at a minimum of dollar-for-dollar for CDA funds received.There is no
required cash match for this grant.
• Matching funds and in-kind expenses shall be accurately documented as to source, date,
purpose and value and will adhere closely to the in-kind itemization table in the same budget
form as referenced above.
• A detailed accounting of expenses will be provided by Weld County in the final report.
Reporting and Payment
• Grantee shall be reimbursed up to$15,000 upon CDA approval of the interim status report,
and upon submittal of a partial payment invoice for all expenses incurred for Milestone 1.
This invoice shall be submitted no later than June 15,2015.All claimed and approved
expenses incurred during Milestone 1 will be reimbursed at this time,and cannot be
claimed on the final invoice.The form for the interim status report will be provided by
CDA.
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• Grantee shall be reimbursed up to$19,106 upon CDA approval of the final project report,
and upon submittal of a final invoice for all expenses incurred during Milestone 2.This
invoice shall be submitted no later than January 8,2016.All claimed and approved
expenses incurred during Milestone 1 will be reimbursed with the partial payment invoice
in June 2015,and cannot be claimed on the final invoice.The form for the final project
report will be provided by CDA.
• A final invoice will be submitted to CDA no later than January 8, 2016.
• A completed final report will be submitted with the final invoice no later than January 8,
2016.
• Local governing entities,as defined in the Noxious Weed Act, must be in compliance with the
Act; and conservation districts must be in good standing with DOLA and CDA, prior to
reimbursement of any state funds claimed in the final invoice.
• Weed mapping information from this project will be submitted to the CDA for inclusion in
the statewide mapping system.
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