HomeMy WebLinkAbout20151818.tiff RESOLUTION
RE: APPROVE HAZARD MITIGATION GRANT PROGRAM AGREEMENT FOR COUNTY
MATCH HMGP - DACONO GENERATOR (FEMA) 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 Hazard Mitigation Grant Program
Agreement for County Match HMGP — Dacono Generator (FEMA) between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and the
Colorado Department of Public Safety, Division of Homeland Security Emergency Management,
commencing upon full execution, 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 Hazard Mitigation Grant Program Agreement for County Match
HMGP — Dacono Generator (FEMA) between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and the Colorado Department of
Public Safety, Division of Homeland Security Emergency Management, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of June, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST: dmitAgiv `� "�_ ear arra Kiirkmeyer, C air
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
De u Clerk to the Bo rd,
�,� `Sean P. Conway
APPROVED AS TO FOR1861 �� %: 1 '
ulie A. ozad
County Attorney ��h
j Steve Moreno
Date of signature: (242,5_
2015-1818
EM0016
et, Qto', &M 3/13 BC0045
HMGP 4145 Project 35-F Encumbrance MG4145035337
Routing#CMS#80710
CFDA 97.039
Federal Award FEMA DR-4145-CO
GRANT AGREEMENT
Between the
STATE OF COLORADO
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF HOMELAND SECURITY AND EMERGENCY
MANAGEMENT
And
WELD COUNTY
TABLE OF CONTENTS
1.PARTIES 2
2.EFFECTIVE DATE AND NOTICE OF NONLIABILITY 2
3.RECITALS 2
4.DEFINITIONS 2
5.TERM and EARLY TERMINATION 3
6.STATEMENT OF WORK 4
7.PAYMENTS TO GRANTEE 4
8.REPORTING-NOTIFICATION 5
9.GRANTEE RECORDS 5
10.CONFIDENTIAL INFORMATION-STATE RECORDS 6
11.CONFLICTS OF INTEREST 7
12.REPRESENTATIONS AND WARRANTIES 7
13.INSURANCE 7
14.BREACH 9
15.REMEDIES 9
16.NOTICES and REPRESENTATIVES 11
17.RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE 11
18.GOVERNMENTAL IMMUNITY 11
19.STATEWIDE CONTRACT MANAGEMENT SYSTEM 11
20.GENERAL PROVISIONS 12
21.COLORADO SPECIAL PROVISIONS 14
SIGNATURE PAGE 16
EXHIBIT A-APPLICABLE FEDERAL LAWS AND STATE GRANT GUIDANCE 1
EXHIBIT B-STATEMENT OF WORK-REPORTING&ADMINISTRATIVE REQUIREMENTS-BUDGET 1
EXHIBIT C-FFATA PROVISIONS 1
EXHIBIT D-EXECUTIVE ORDER D 2014-012 1
EXHIBIT E-FEMA APPROVED HAZARD MITIGATION PLAN(HMP)REQUIREMENT 1
EXHIBIT F-EXTRAORDINARY CIRCUMSTANCES LETTER 1
EXHIBIT G-RECORD OF ENVIRONMENTAL CONSIDERATION 1
EXHIBIT H-ENVIRONMENTAL CLOSEOUT PROCEDURES 1
EXHIBIT I-ENVIRONMENTAL CLOSEOUT DECLARATION 1
FORM 1-GRANT CHANGE LETTER 1
c).26ij Lr/F(;)
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1.PARTIES
This 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 Public safety,
Division of Homeland Security and Emergency Management(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. (Check options below if appropriate):
A. ❑Provided,however,that authorized Pre-award Costs incurred after the date of the Federal disaster
declaration(September 14,2013)and prior to the Effective Date of this agreement may be submitted for
reimbursement as provided in§7(B)(v)below.
B. ❑ Provided,however,that all or some of the costs or expenses incurred by Grantee prior to the Effective
Date which have been or will be paid from Matching Funds,if such costs or expenses are properly
documented as eligible expenses in Title 42,U.S.Code(U.S.C.)5170c,may be reimbursed from such
Matching Funds,as provided in§7(B)(v)below.
3.RECITALS
A.Authority,Appropriation,and Approval
Authority to enter into this Grant exists in CRS §24-1-128.6, funds have been budgeted,appropriated and
otherwise made available pursuant to said statute and the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, Section 404,42 U.S.C. 5170; and a sufficient unencumbered balance 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 are sufficient and adequate to support this Grant.
C. Purpose
Grant funds are hereby made available for the purpose of enhancing Homeland Security and Emergency
Management related Prevention,Protection,Mitigation,Response and Recovery capabilities throughout the
State,as more specifically described in the Statement of Work,attached as Exhibit B.
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 B.
B. Evaluation
"Evaluation"means the process of examining Grantee's Work and rating it based on criteria established in
§8 and Exhibit B.
C. Exhibits and Other Attachments
The following are attached hereto and incorporated by reference herein:
i. Exhibit A(Applicable Federal Laws).
ii. Exhibit B(Statement of Work-Reporting and Administrative Requirements-Budget).
ill. Exhibit C(Federal Funding Accountability and Transparency Act of 2006—FFATA).
iv. Exhibit D(Executive Order D 2014-12)
v. Exhibit E(FEMA Approved Hazard Mitigation Plan(HMP)Requirement
vi. Exhibit F(Extraordinary Circumstances Letter)
vii. Exhibit G(Record of Environmental Consideration)
viii. Exhibit H(Environmental Closeout Procedures)
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ix. Exhibit I(Environmental Closeout Declaration)
x. Form 1 (Grant Change Letter)
D. Federal Funds
"Federal Funds"means the funds provided by the Federal Emergency Management Agency(FEMA)to
fund performance of the Work,which may be used to reimburse Pre-award Costs,if authorized in this
Grant.
E. Goods
"Goods"means tangible material acquired,produced,or delivered by Grantee either separately or in
conjunction with the Services that Grantee renders hereunder.
F.Grant
"Grant"means this agreement,its terms and conditions,attached exhibits,documents incorporated by
reference,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. Matching Funds
"Matching Funds"means funds provided by the Grantee for performance of the Work,which may be either
cash or in-kind funds, as permitted and specified in Exhibit B. Matching Funds cannot include any Federal
Funds.
I. Party or Parties
"Party"means the State or Grantee and"Parties"means both the State and Grantee.
J.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 Work,attached
hereto as Exhibit B
K.Program
"Program"means the FEMA DR-4145-CO Hazard Mitigation Grant Program(HMGP)and State Executive
Order 2014-12(Rescinding and Replacing Funding Provisions of Prior Executive Orders Concerning the
Historic Flooding of September 2013)which provides funding for this Grant.
L. Project
"Project"means the total work to be performed as described in Exhibit B.
M. 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.
N. Services
"Services"means the required services to be performed by Grantee pursuant to this Grant.
O. Sub-grantee
"Sub-grantee"means third-parties,if any,engaged by Grantee to aid in performance of its obligations.
P. 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.
Q. 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 and EARLY TERMINATION
A. Initial Term
Unless otherwise permitted in§2 above,the Parties respective performances under this Grant shall
commence on the Effective Date. This Grant shall terminate on 12/31/2016 unless sooner terminated or
further extended as specified elsewhere herein.
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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 WORK
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 Sub-grantees shall be considered Grantee's or Sub-grantees'
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,
using the methods set forth below:
A.Maximum Amount
The maximum amount payable under this Grant to Grantee by the State is $11,737.00 as determined by the
State from available funds.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 or reimbursement requests(referred to as"invoices"herein)
to the State in the form and manner set forth and approved by the State. If permitted by the federal
Program,the State may pay certain eligible,Pre-award Costs incurred within the applicable federal
grant period from Federal Funds or Matching Funds.
ii. Interest
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 or
Matching 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,Federal Funds or
Matching Funds are not fully appropriated,or otherwise become unavailable for this Grant,the State
may terminate this Grant in whole or in part without further liability in accordance with the provisions
herein.
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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 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 party other than the State.
v. Retroactive Payments
The State shall pay Pre-award Costs only if(1)the Federal Emergency Management Agency(FEMA)
Notice of Award allows reimbursement for Pre-award Costs by a Grantee or Subgrantee from Federal
Funds or Matching Funds,or(2)the Pre-award Costs have been specifically detailed in Grantee's
grant application,authorized by FEMA and 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.
C. Use of Funds
Grant Funds shall be used only for eligible costs so identified in the Budget.Grantee may request budget
modifications by submitting a written Grant Change Request to the State. 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.
D. Matching Funds
If applicable,Grantee shall provide Matching Funds as provided in Exhibit B.
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
Grantee shall submit a report to the State 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.
Grantee shall comply with all reporting requirements set forth in Exhibit B.
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 the Department of Public Safety.
C.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.
D. 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
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Retention Period)until the last to occur of the following: (i)a period of three years after the date the
underlying. Grant to the State is completed,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 as set forth in§9(A),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 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, Sub-grantees,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 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,to the extent
permitted by law, indemnify, save, and hold harmless the State,its employees and agents,against any and
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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,Sub-grantees,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.
i
Additionally,all employees and agents of Grantee performing Services under this Grant shall hold all
corporation
required licenses or certifications, any, perform responsibilities. if a foreign if to their Grantee, rp oration
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 Sub-grantees 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 sub-grantees that are public entities,
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providing Goods or Services hereunder,to include the insurance requirements necessary to meet Sub-
grantee'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 sub-grantees that are not"public entities".
B. Grantees and Sub-Grantees
Grantee shall require each Grant with Sub-grantees,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 Sub-grantee 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 Grantual 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) $50,000 any one fire. If any
aggregate limit is reduced below$1,000,000 because of claims made or paid, Sub-grantee 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.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 Sub-grantees 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
Sub-grantees 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 Sub-grantees 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 Sub-grantee 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 sub-grant, Grantee and each Sub-grantee shall,within 10 days of
such request,supply to the State evidence satisfactory to the State of compliance with the provisions of this
§13.
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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 sub-grants/contracts 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 sub-
grants/contracts. 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
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,
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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,at 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.
u. 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 Sub-grantees 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.
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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:
Kevin R.Klein,Director
Department of Public Safety,
Division of Homeland Security and Emergency Management
690 Kipling Street, Suite 2000
Denver,CO 80215
Kevin.Klein@cdps.state.co.us
B. Grantee:
Barbara Kirkmeyer,Chair,Board of County Commissioners
Weld County
1150 O Street
Greeley,CO 80632
birkmeyer@weldgov.com
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 request.The State's 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 and the Grantee,their respective
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 CONTRACT 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 Contract 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 Contract 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
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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 Contract 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 and Administration(Executive Director),upon request by the Division of Homeland Security
and Emergency Management,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 sub-grantees 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 otherwiseprovided in§20(A),all provisions herein contained, including the benefits and burdens,
P
to and be binding upon the Parties' respective heirs,legal representatives,successors,and assigns.
shall extend p pg ep �
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 affect whatsoever, unless embodied herein.
F.Indemnification-General
Grantee shall,to the extent permitted by law,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, Sub-
grantees,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,attached hereto,which laws and regulations are
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incorporated herein and made part hereof. Grantee also shall require compliance with such laws and
regulations by subgrantees under subgrants permitted by this Grant.
I. Modification
i. By the Parties
Except as specifically provided in this Grant,modifications hereof shall not be effective unless agreed to
in writing by the Parties in an amendment hereto,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 MODIFICATION 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.
iii. Grant Change Letter
The State may increase or decrease Grant Funds available under this Grant using a Grant Change Letter
substantially equivalent to attached Form 1. 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.
J.Order of Precedence
The provisions of this Grant shall govern the relationship of the State and Grantee. 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. Exhibit C(Federal Funding Accountability and Transparancy Act)
ii. Colorado Special Provisions
iii. The provisions of the main body of this Grant
iv. Exhibit A(Applicable Federal Laws) Section 404 of the Robert T.Stafford Disaster Relief and
Emergency Assistance Act,as amended(the Stafford Act),Title 42,U.S. Code(U.S.C.)5170c
v. Exhibit B(Statement of Work)
vi. Exhibit D(Executive Order 2014-012)
vii. Exhibit E(FEMA Approved Hazard Mitigation Plan [HMP] Requirement)
viii. Exhibit F(Extraordinary Circumstances letter)
ix. Exhibit G(Record of Environmental Consideration)
K. 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.
L. 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.
M.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.
N. 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.
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O. 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.
P.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. COLORADO SPECIAL PROVISIONS
The Special Provisions apply to all Grants except where noted in italics.
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 Grantee 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 shall 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 Grant, 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 contact 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
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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. 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. 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 Grant with an illegal alien who shall perform work under this Grant and shall 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 Grant with an
illegal alien to perform work under this Grant or enter into a Grant with a Sub-grantee that fails to certify to
not knowingly employ or Grant with an illegal alien to perform work
Grantee that the Sub-grantee shall o g
!]xgY P Y
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 Sub-
grantee and the Granting State agency within three days if Grantee has actual knowledge that a Sub-grantee
is employing or Granting with an illegal alien for work under this Grant, (c) shall terminate the subGrant if
a Sub-grantee does not stop employing or Granting 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 STATE OF COLORADO
WELD COUNTY John Hickenlooper, GOVERNOR
Department of Public Safety,
By: Barbara Kirkmeyer, Chair Division of Homeland Security and Emergency Management
Kevin R.Klein,Director
Title: Weld County Commissioners
Signature lip Kevin R.Klein,Director
j012-
Date: SUN 2 $ 2015 0 / r
Date:
2nd Grantee Signature if Needed LEGAL REVIEW
Cynthia H.Coffman,Attorney General
By: ,A114-
By:
Title: Signature—Assistant 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:
Colorado Department of Pu is Safety,Cindy Fredriksen,Procurement Director
Date: 4/24
0201-g/f(;)
Page 16 of 16
STAFF APPROVALS FOR GRANT AGREEMENT- DACONO SITE
APPROVED AS TO
SUBSTANCE:
49P41104-,
Elected Official or Department Head
N/A
Director of General Services
spas g FSIJJDING:
Controller
APbE
Cou orney
HMGP 4145 Project 35-F Encumbrance MG4145035337
EXHIBIT A-APPLICABLE FEDERAL LAWS AND STATE GRANT GUIDANCE
The following are incorporated into this contract 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. Section 24-34-301,et seq.,Colorado Revised Statutes 1997,as amended
11.The applicable of the following:
11.1.Cost Principals for State,Local and Indian Tribal Governments,2 C.F.R.225,(OMB Circular A-87);
11.2.Cost Principals for Education Institutions,2 C.F.R.220,(OMB Circular A-21);
11.3.Cost Principals for Non-Profit Organizations,2 C.F.R.230,(OMB Circular A-122),and
11.4. Audits of States, Local Governments, and Non-Profit Organizations (OMB Circular A-133); and/or the
Colorado Local Government Audit Law,29-1-601,et seq,C.R.S.,and State implementing rules and regulations.
11.5.Immigration Status-Cooperation with Federal Officials,CRS 29-29-101,et seq.
11.6.Davis-Bacon Act,40 U.S.C. SS 276a to 276a-7.
11.7.Copeland Act,40 U.S.C.S 276c and 18 U.S.C.SS 874.
11.8. Contract Work Hours and Safety Standards Act,40 U.S.C. SS 327-333,regarding labor standards for federally
assisted construction sub-awards.
11.9. Wild and Scenic Rivers Act of 1968, 16 U.S.C. SS 1271 et. seq., related to protecting components or potential
components of the national wild and scenic rivers system.
11.10.National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470, Executive Order No. 11593
(identification and protection of historic properties), and the Archaeological and Historic Preservation Act of
1974, 16 U.S.C.469a-1 et. seq.
11.11.Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act), 42 U.S.C. 5121 et seq., as
amended.
11.12.National Flood Insurance Act of 1968,42 U.S.C.4001 et.seq.
11.13.Comprehensive Environmental Response,Compensation,and Liability Act of 1980(CERCLA),42 U.S.C. 104.
11.14.Department of Defense Authorization Act of 1986, Title 14, Part B, Section 1412, Public Law 99-145, 50
U.S.C. 1521.
11.15.USA PATRIOT Act of 2001,(Pub.L. 107-56).
11.16.Digital Television Transition and Public Safety Act of 2005,(Pub L. 109-171)
12. Federal Emergency Management Agency, Department of Homeland Security Regulations: All Applicable Portions of
44 CFR Chapter 1,with the following Parts specially noted and applicable to all grants of FEMA/DHS funds:
12.1 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,
44 C.F.R. 13.
12.2 Govemmentwide Debarment and Suspension(Nonprocurement) and Requirements for Drug-Free Workplace,44
C.F.R. 17.
12.3 New Restrictions on Lobbying,44 C.F.R. 18.
13.Privacy Act of 1974,5 U.S.C. S 5529 and Regulations adopted thereunder(44 C.F.R.6).
14.Prohibition against use of Federal Funds for Lobbying,31 U.S.C. 1352
15. None of the funds made available through this agreement shall be used in contravention of the Federal buildings
performance and reporting requirements of Executive Order No. 13123, part 3 of title V of the National Energy
Conservation Policy Act,42 U.S.C. 8251 et. Seq., or subtitle A of title I of the Energy Policy Act of 2005 (including
the amendments made thereby).
16. None of the funds made available shall be used in contravention of section 303 of the Energy Policy Act of 1992,42
U.S.C. 13212.
17.Buy American Act,41 U.S.C. l0a et seq.
18.Relevant Federal and State Grant Program Guidance
Page 1 of 1 -Exhibit A
HMGP 4145 Project 35-F Encumbrance MG4145035337
EXHIBIT B-STATEMENT OF WORK-REPORTING&ADMINISTRATIVE REQUIREMENTS-
BUDGET
1.GENERAL DESCRIPTION OF THE PROJECT(S).
1.1 Project Description: Weld County will use these funds to procure a contract to purchase and install
a 20 KW generator and transfer switch for the Dacono Emergency Refuel Station. In addition to the
generator and installation, other costs anticipated include permit fees and the development of
schematic plans.
1.2 Project Expenses. Project expenses include those costs identified and approved in the application
and budget. Documented pre-award costs related to the development of the grant application and
property assessment as noted in the Grantees Notice of Interest and approved budget may also be
used to meet local match requirements or reimbursed.
1.3 Non-Federal Match: This Grant requires a non-federal match contribution of 25% of the total
Grant budget. The non-Federal match is equally shared by the State (12.5%) and the Grantee
(12.5%). Documentation of Grantee expenditures for the non-federal match contribution is required
with each reimbursement request. The match may include in-kind match. If applicable, CDBG-DR
funds may be used to cover all or part of the local match requirement, but must be documented as
noted in Section 1.3 of this exhibit. State Contribution: The State's 12.5% share is provided as
authorized by 2014-12 and its subsequent amendments. NOTE: The state funds are provided from
state General Funds. The Grantee is advised to seek counsel on the receipt and expenditure of these
funds under TABOR,and apportioning the funds in Grantee's current budget as necessary.
2.DELIVERABLES:
2.1 Grantee shall submit narrative and financial reports describing project progress and
accomplishments, any delays in meeting the objectives and expenditures to date as described in §3
of this Exhibit B may result in loss of project funding. Copies of relevant documentation (i.e.
invoices, quarterly reports, requests for reimbursement all must be submitted to the Grantor in
accordance with this grant agreement.
3. REPORTING REQUIREMENTS:
3.1 Quarterly Financial Status and Progress Reports.The project(s) approved in this Grant are to be
completed on or before the termination date stated in §5 of the Grant Agreement. Grantee shall
submit quarterly financial status and programmatic progress reports for each project identified in
this agreement using the procedures and forms provided by the Division of Homeland Security and
Emergency Management throughout the life of the grant. One copy of each required report with
original or electronic signatures shall be submitted in accordance with the schedule below: (The
order of the reporting period quarters below are irrelevant to the grant. If the grant is open during
the "report period" reports for that period are due on the dates listed. If the grant is for more than
one year,reports are due for every quarter that the grant remains open.)
Report Period Due Date
October—December January 20
January—March April20
April—June July 20
July—September October 20
3.2 Final Reports: Grantee shall submit final financial status and progress reports that provide final
financial reconciliation and final cumulative grant/project accomplishments within 45 days of the
end of the project/grant period. The final report may not include unliquidated obligations and must
indicate the exact balance of unobligated funds. The final reports may substitute for the quarterly
reports for the final quarter of the grant period. If all projects are completed before the end of the
grant period, the final report may be submitted at any time before its final due date. Further reports
are not due after the Division of Homeland Security and Emergency Management has received, and
sent notice of acceptance of the final grant report.
Page 1 of 3-Exhibit B
HMGP 4145 Project 35-F Encumbrance MG4145035337
4. TESTING AND ACCEPTANCE CRITERIA:
The Division of Homeland Security and Emergency Management shall evaluate this Project(s)through
the review of Grantee submitted fmancial and progress reports. The Division of Homeland Security and
Emergency Management may also conduct on-site monitoring to determine whether the Grantee is
meeting/has met the performance goals,administrative standards,financial management and other
requirements of this grant.The Division of Homeland Security and Emergency Management will notify
Grantee in advance of such on-site monitoring.
5. PAYMENT:
5.1 Payment Schedule: Grantee shall submit requests for reimbursement using the Division of
Homeland Security and Emergency Management's provided form at least quarterly. One original or
electronically signed/submitted copy of the reimbursement request is due on the same dates as the
required financial reports. All requests shall be for eligible actual expenses incurred by Grantee, as
described in detail in the budget table(s) of this Exhibit. Requests shall be accompanied by
supporting documentation totaling at least the amount requested for reimbursement and any
required non-federal match contribution. If any financial or progress reports are delinquent at the
time of a payment request, the Division of Homeland Security and Emergency Management may
withhold such reimbursement until the required reports have been submitted.
5.2 Payment Amount: If non-federal match is required, such match shall be documented with every
payment request. Excess match documented and submitted with one reimbursement request shall be
applied to subsequent requests as necessary to maximize the allowable reimbursement.
5.3 Remittance Address. If mailed,payments shall be sent to the representative identified in§16 of the
Grant:
Weld County
Roy Rudisill,Director
1150 O Street,PO Box 758
Greeley,CO 80632
6. ADMINISTRATIVE REQUIREMENTS:
Required Documentation: Grantees shall retain all procurement and payment documentation on site
for inspection. This shall include, but not be limited to, purchase orders,receiving documents, invoices,
vouchers,equipment/services identification,and time and effort reports.
6.1 Sufficient detail shall be provided with reimbursement requests to demonstrate that expenses are
allowable and appropriate as detailed below:
6.1.1 Equipment or tangible goods.When requesting reimbursement for equipment items with a
purchase price of or exceeding $5,000, and a useful life of more than one year, the Grantee
shall provide a unique identifying number for the equipment, with a copy of the Grantee's
invoice and proof of payment. The unique identifying number can be the manufacturer's
serial number or, if the Grantee has its own existing inventory numbering system, that
number may be used. The location of the equipment shall also be provided. In addition to
ongoing tracking requirements,Grantee shall ensure that equipment items with per unit cost
of$5,000 or more are prominently marked in a manner similar to the following: Purchased
with funds provided by the U.S.Department of Homeland Security.
6.1.2 Services. Grantees shall include contract/purchase order number(s)or employee names, the
date(s)the services were provided and the nature of the services.
6.2 Procurement: A Grantee shall ensure its procurement policies meet or exceed local, state, and
federal requirements. Grantees should refer to local, state, and federal guidance prior to making
decisions regarding competitive bids,sole source or other procurement issues. In addition:
6.2.1 Any sole source transaction in excess of $100,000 shall be approved in advance by the
Division of Homeland Security and Emergency Management.
6.2.2 Grantees shall ensure that: (a) All procurement transactions, whether negotiated or
competitively bid, and without regard to dollar value, are conducted in a manner that
provides maximum open and free competition; (b) Grantee shall be alert to organizational
conflicts of interest and/or non-competitive practices among contractors that may restrict or
Page 2 of 3-Exhibit B
HMGP 4145 Project 35-F Encumbrance MG4145035337
eliminate competition or otherwise restrain trade; (c) Contractors who develop or draft
specifications, requirements, statements of work, and/or Requests for Proposals (RFPs) for
a proposed procurement shall be excluded from bidding or submitting a proposal to
compete for the award of such procurement; and(d) Any request for exemption of item a-c
within this subsection shall be submitted in writing to, and be approved by the authorized
Grantee official.
6.2.3 Grantee shall verify that the Contractor is not debarred from participation in state and
federal programs. Sub-grantees should review contractor debarment information on
http://www.sam.gov.
6.2.4 When issuing requests for proposals, bid solicitations, and other published documents
describing projects or programs funded in whole or in part with these grant funds, Grantee
and Subrantees shall use the phrase-"This project was supported by grant MG4145035337,
issued by the Division of Homeland Security and Emergency Management."
6.2.5 Grantee shall verify that all purchases are listed in §1 or §7 of this Exhibit. Equipment
purchases, if any, shall be for items listed in the Approved Equipment List (A.E.L) for the
grant period on the Responder Knowledge Base (RKB), at https://www.fema.gov/media-
library/assets/documents/101566. Additionally, funds used to support emergency
communications activities should comply with the FY 2012 SAFECOM Guidance for
Emergency Communication Grants,at http://www.safecomprogram.gov
6.2.6 Grantee shall ensure that no rights or duties exercised under this grant, or equipment
purchased with Grant Funds having a purchase value of $5,000 or more, are assigned
without the prior written consent of the Division of Homeland Security and Emergency
Management.
6.2.7 Grantee shall ensure that all funds are needed to supplement and not to supplant the
Grantee's own funds.
6.3 Additional Administrative Requirements:
6.3.1 The Grantee must request approval in advance for any change to this Grant Agreement,
using the forms and procedures established by the Division of Homeland Security and
Emergency Management.
7. BUDGET:
Project Category Federal Share(75%) State Share(12.5%) Local Share(12.5%) Total Budget(100%)
Contractual Services
20 KW Generator $4,966.00 $828.00 $828.00 $6,622.00
Transfer Switch,Materials $594.00 $99.00 $99.00 $792.00
Installation $3,375.00 $562.00 $563.00 $4,500.00
A&E(Design,Permits) $1,125.00 $188.00 $187.00 $1,500.00
Total Share $10,060.00 $1,677.00 $1,677.00 $13,414.00
Total Award Amount $11,737.00
(Federal+State)
Page 3 of 3-Exhibit B
HMGP 4145 Project 35-F Encumbrance MG4145035337
EXHIBIT C-FFATA PROVISIONS
State of Colorado
Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As
Amended
Revised as of 3-20-13
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded,
in whole or in part,with an Award of Federal funds. In the event of a conflict between the provisions of these
Supplemental Provisions,the Special Provisions, the contract or any attachments or exhibits incorporated into
and made a part of the contract,the provisions of these Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions,the following terms shall have the
meanings ascribed to them below.
1.1. "Award" means an award of Federal financial assistance that a non-Federal Entity receives or
administers in the form of:
1.1.1.Grants;
1.1.2.Contracts;
1.1.3. Cooperative agreements,which do not include cooperative research and development
agreements (CRDA)pursuant to the Federal Technology Transfer Act of 1986, as
amended (15 U.S.C. 3710);
1.1.4.Loans;
1.1.5.Loan Guarantees;
1.1.6.Subsidies;
1.1.7.Insurance;
1.1.8.Food commodities;
1.1.9.Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by
non-Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally-owned property provided in lieu of money;even if the award
is called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of
the American Recovery and Reinvestment Act(ARRA)of 2009(Public Law 111-5).
1.2. "Contract" means the contract to which these Supplemental Provisions are attached and includes all
Award types in§1.1.1 through 1.1.11 above.
1.3. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal
financial assistance, other than the Prime Recipient, and include grantees, subgrantees, Sub
recipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include
Vendors.
1.4. "Data Universal Numbering System (DUNS) Number" means the nine-digit number established
and assigned by Dun and Bradstreet, Inc.to uniquely identify a business entity. Dun and Bradstreet's
website may be found at: http://fedaov.dnb.com/webform.
1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart C;
1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
1.5.2. A foreign public entity;
1.5.3. A domestic or foreign non-profit organization;
Page 1 of 4-Exhibit C
HMGP 4145 Project 35-F Encumbrance MC4145035337
1.5.4. A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal
entity.
1.6. "Executive" means an officer, managing partner or any other employee in a management position.
1.7. "Federal Award Identification Number(FAIN)" means an Award number assigned by a Federal
agency to a Prime Recipient.
1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006(Public Law 109-
282), as amended by§6202 of Public Law 110-252. FFATA, as amended, also is referred to as the
"Transparency Act."
1.9. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an
Award.
1.10. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds awards
all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's support in the
performance of all or any portion of the substantive project or program for which the Award was
granted.
1.11. "Subrecipient" means a non-Federal Entity(or a Federal agency under an Award or Subaward to a
non-Federal Entity)receiving Federal funds through a Prime Recipient to support the performance of
the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to
the terms and conditions of the Federal Award to the Prime Recipient, including program compliance
requirements. The term "Subrecipient" includes and may be referred to as Subgrantee.
1.12. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9-digit Data
Universal Numbering System (DUNS)number that appears in the subrecipient's System for Award
Management(SAM) profile, if applicable.
1.13. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded Contracts,
Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of
2006,As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institution of higher education.
1.14. "System for Award Management(SAM)" means the Federal repository into which an Entity must
enter the information required under the Transparency Act, which may be found at
http://www.sam.gov.
1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the
Prime Recipient's or Subrecipient's preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123(Revised
2005)(FAS 123R), Shared Based Payments;
1.15.3. Earnings for services under non-equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of
Executives and are available generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension plans;
1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.
severance,termination payments, value of life insurance paid on behalf of the employee,
perquisites or property)for the Executive exceeds$10,000.
1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282), as amended by§6202 of Public Law 110-252. The Transparency Act also is referred
to as FFATA.
1.17. "Vendor' means a dealer, distributor, merchant or other seller providing property or services required
for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and
is not subject to the terms and conditions of the Federal award. Program compliance requirements do
not pass through to a Vendor.
Page 2 of 4-Exhibit C
HMGP 4145 Project 35-F Encumbrance MG4145035337
2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, including but not limited to these Supplemental Provisions.Any
revisions to such provisions or regulations shall automatically become a part of these Supplemental
Provisions, without the necessity of either party executing any further instrument. The State of Colorado
may provide written notification to Contractor of such revisions, but such notice shall not be a condition
precedent to the effectiveness of such revisions.
3. System for Award Management(SAM)and Data Universal Numbering System (DUNS) Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the
final financial report required under the Award or receives final payment, whichever is later.
Contractor shall review and update SAM information at least annually after the initial registration, and
more frequently if required by changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update
Contractor's information in Dun &Bradstreet, Inc. at least annually after the initial registration, and
more frequently if required by changes in Contractor's information.
4. Total Compensation.Contractor shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is$25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80%or more of its annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the
Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the
Transparency Act; and
4.3. The public does not have access to information about the compensation of such Executives through
periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)or§6104 of the Internal Revenue Code of 1986.
5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in§7
below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment
shall be made to Contractor for providing any reports required under these Supplemental Provisions and the
cost of producing such reports shall be included in the Contract price. The reporting requirements in §7
below are based on guidance from the US Office of Management and Budget(OMB), and as such are
subject to change at any time by OMB. Any such changes shall be automatically incorporated into this
Contract and shall become part of Contractor's obligations under this Contract, as provided in§2 above.
The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements
at http://www.colorado.gov/dpa/dfo/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting.The effective date of these Supplemental Provisions
applies to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as
of October 1,2010, if the initial award is$25,000 or more. If the initial Award is below$25,000 but
subsequent Award modifications result in a total Award of$25,000 or more,the Award is subject to the
reporting requirements as of the date the Award exceeds$25,000. If the initial Award is$25,000 or more,
but funding is subsequently de-obligated such that the total award amount falls below$25,000,the Award
shall continue to be subject to the reporting requirements.
7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth
below.
7.1 To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for
each Federal Award Identification Number no later than the end of the month following the month in
which the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number+4 if more than one electronic funds transfer(EFT)
Page 3 of 4-Exhibit C
HMGP 4145 Project 35-F Encumbrance MG4145035337
account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient's address, including: Street Address, City, State, Country,Zip +4, and
Congressional District;
7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are
met; and
7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if
criteria in §4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the
Contract,the following data elements:
7.2.1 Subrecipient's DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code+4, and Congressional District.
8. Exemptions.
8.1.These Supplemental Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in his or her
name.
8.2 A Contractor with gross income from all sources of less than$300,000 in the previous tax year is
exempt from the requirements to report Subawards and the Total Compensation of its most highly
compensated Executives.
8.3 Effective October 1, 2010, "Award"currently means a grant, cooperative agreement, or other
arrangement as defined in Section 1.1 of these Special Provisions. On future dates"Award" may include
other items to be specified by OMB in policy memoranda available at the OMB Web site;Award also will
include other types of Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default
under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if
the default remains uncured five calendar days following the termination of the 30 day notice period. This
remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law
or in equity.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 4 of 4-Exhibit C
HMGP 4145 Project 35-F Encumbrance MG4145035337
EXHIBIT D-EXECUTIVE ORDER D 2014-012
STATE OF COLORADO
OFFICE OF nit GOVERNOR
138 Stare Comic:
Denver.Coioraao 80203
Phorr i3031 86644i'.
rar 003)566-2003 to i
Who W.Hickenloaper
D 2014-012 `''"`"'°r
EXECUTIVE ORDER
Rescinding and Replacing Funding Provisions of Prior Executive
Orders Concerning the Historic Flooding of September 2013
Pursuant to the authority vested in the Governor of the State of Colorado and, in
particular, pursuant to relevant portions of C.R.S. § 28-3-104 and relevant portions of the
Colorado Disaster Emergency Act, C.R.S. §24-33.5-701, et seq., I, John W. Hickenlooper,
Governor of the State of Colorado, hereby issue this Executive Order rescinding and replacing
funding provisions of prior executive orders concerning the historic flooding of September
2013.
I. Background and Purpose
The Governor is responsible for meeting the dangers to the state and people presented
by disasters. C.R.S. § 24.33.5-704. The Colorado Disaster Emergency Act defines a disaster as
"the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or
property resulting from any natural cause . . . including but not limited to . . , flood." C.R.S.
424-33.5-703(3).
Due to the historic flooding in September 2013, I issued nine executive orders to
address the enormous challenges faced by the people of Colorado. As background, I issued
Executive Order D 2013.026 on September 13, 2013, in the Immediate aftermath of the
flooding. This executive order declared a disaster emergency and ordered an initial transfer of
$6,000,000 from the Controlled Maintenance Trust Fund into the Disaster Emergency Fund. In
assessing the magnitude of the flooding,our office quickly realized that this initial transfer was
not sufficient to address the critical need. Therefore,on September 19,2013,I issued Executive
Order D 2013-027,which transferred an additional$20,000,000(for a total of$26,000,000)into
the Disaster Emergency Fund from the Controlled Maintenance Trust Fund.
Page 1 of 3—Exhibit D
HMGP 4145 Project 35-F Encumbrance MG4145035337
Executive Order D 2014-012
June 20, 2014
Page 2 of 3
As flood recovery efforts continued throughout September, I again found that the funds
in the Disaster Emergency Fund were insufficient to pay for the flood response and recovery.
On September 26, 2013, I Issued Executive Order D 2013-028, which supplemented the
previous transfers into the Disaster Emergency Fund with an extra $65,500,000. As explained
therein, I ordered the transfer of the following amounts into the Disaster Emergency Fund: 1)
$15,500,000 from the Controlled Maintenance Trust Fund; and 2) 550,000,000 from the
General Fund appropriation in Fiscal Year 2013-14 to the Department of Health Care Policy and
Financing Medical Services Premiums line item. Subsequently, I reduced the amount
transferred from the Controlled Maintenance Trust Fund from$15,500,000 to 512,950,000(see
Executive Order D 2013.031). The reason for this change was that sufficient funds remained in
the Disaster Emergency Fund to encumber $65,500,000 for flood-related expenses without
such a large transfer from the Controlled Maintenance Trust Fund.
In sum, I have ordered the transfer of$91,500,000 into the Disaster Emergency Fund for
response and recovery efforts. The General Assembly reconvened in January 2014.
Recognizing the extraordinary need for additional funding beyond what had already been
ordered,it passed House Bill 14-1245 (titled "Supplemental Appropriation to the Department of
Public Safety"). This bill appropriated $70,000,000 from the General Fund into the Disaster
Emergency Fund. The intent of the bill was to place enough funds in the Disaster Emergency
Fund so that the Department of Health Care Policy and Financing could recover the
550,000,000 that was used in the immediate aftermath of the floods. Further, the bill
appropriated $20,000,000 beyond what had been transferred to the Disaster Emergency Fund
through prior executive orders, bringing the total amount for flood response and recovery to
$111,500,000. I signed HB 14-1245 into law on February 27, 2014.
This Executive Order clarifies the financing of the Disaster Emergency Fund and sets
aside additional funds for response and recovery efforts in the wake of the September 2013
floods.
Page 2 of 3—Exhibit D
HMGP 4145 Project 35-F Encumbrance MC4145035337
Executive Order D 2014-012
June 20,2014
Page 3 of 3
II. Declaration and Directive
Paragraph 11(C) of Executive Orders 0 2013-026 and 0 2013-027 and Paragraph 11(8) of
Executive Orders D 2013-028, D 2013-031, D 2013-033, and D 2014-001 are hereby rescinded
and replaced to read as follows:
Pursuant to C.R.S. § 24.33.5.706(4) the funds in the Disaster Emergency Fund are found
to be insufficient to pay for the flood response and recovery. Therefore,it is ordered that
$38,950,000 be transferred into the Disaster Emergency Fund from the Controlled
Maintenance Trust Fund established in C.R.S. § 24-75-302.5. It is further ordered that
$111,500,000 from the Disaster Emergency Fund Is encumbered to pay for the flood
response and recovery. The Director of the Office of Emergency Management is hereby
authorized and directed to allocate the funding to the appropriate government agencies
and non-profit organizations and execute awards, purchase orders, or other mechanisms
to effect the allocation of the funds. The Director of the Office of Emergency
Management is also authorized to allocate up to $20,000,000 to be used as short-term,
no interest advances in order to provide any political subdivision of the state with short-
term capital needed for flood response and recovery. These funds shall remain available
for this purpose for thirty-six months from December 9, 2013, and any unexpended funds
shall remain in the Disaster Emergency Fund.
.',tj%'V') i O.'' , GIVEN under my hand and the
1'
i• Executive Seal of the State of
r Colorado this twentieth day of
' 9 ' • lune,2014.
ttA, 74611/17. ,
\/
John . Hickenlooper
Governor
Page 3 of 3—Exhibit D
HMGP 4145 Project 35-F Encumbrance MG4145035337
EXHIBIT E-FEMA APPROVED HAZARD MITIGATION PLAN (HMP)REQUIREMENT
FEMA APPROVED HAZARD MITIGATION PLAN (HMP) REQUIREMENT
The NE Region Hazard Mitigation Plan (HMP) expired on December 2, 2014. Weld County is operating
under an Extraordinary Circumstances timeline for a FEMA-Approved HMP during plan lapse. This 12 month
period began with the initial award of FEMA DR-4145-CO HMGP Project 80-F Preparedness— Weld County
Outreach Preparedness Materials (February 26, 2015). Therefore, Weld County must provide the DHSEM
Mitigation & Recovery Section (MARS) a final draft plan update within 8 months (November 1, 2015) in
order to allow adequate time for State & FEMA reviews, potential required revisions, local adoption phase,
and final FEMA approval by February 26,2016.
Failure to have a FEMA-Approved HMP affects non-emergency Stafford Act assistance and FEMA
mitigation grants. If a FEMA-Approved Weld County HMP Update is not provided within 12 months of
award of the project grant (February 26, 2016), the project grant(s) will be terminated and any costs incurred
after notice of the grant's termination will not be reimbursed by FEMA.
Page 1 of 1 -Exhibit E
HMGP 4145 Project 35-F Encumbrance M64145035337
EXHIBIT F-EXTRAORDINARY CIRCUMSTANCES LETTER
1.S.separnnenl of nameland SaaurI1
Region VIII
Ucll,or Fcd[eal Ccnuo,naiWmg'10
P.O.Bow 75'67
Ogrwcr,1.O 110225-0210
` » FEMA
Rg-MT
hunter/23,2015
Kevin Klein,Director
Colorado Division of Homeland Security
and Emergency Mdfagement
9195 E.Mineral Avenue,Suite 200
Centennial,Colorado 80112
Re: DR-4145-CO Extraordinary Circumstances Request for Boulder,
Leiner,and Weld Counties
Dear Mr.Klein:
We have tc,i,....A your December 17,2014 letter requesting the Federal Emergency
Management Agency(FEMA)to grant an exception to the local hazard mitigation planning
requirement Poe Boulder,Lorimer,and Weld counties due to extraordinary circumstances,the
catastrophic flooding in September of 2013. You state in your Inner that the Boulder County
plan expired on August 24,2014,the Weld County plan expired an December 2,2014,and the
Lorimer County plan will soon expire or July 26,2015.
Pursuant to 44 CFR§201.6(a)(3),I approve your request to allow additional time for the above-
referenced counties to complete FEMA-approved local heard mitigation plans. With this
approval,however,I respectfully request that you and your staff provide immediate technical
aerivanoe to the respective comities to ensure their mitigation plan updates,along with all
participating jriadictiood adoptions,are submitted as quickly as possible.
Failure to have an approved Multi-Hazard Mitigation Plan affects non-emergency Stafford Act
assistance mad FEMA mitigation grants. Please he await that if a plan is not provided within 12
months of the award of a project grant,the project gent will be terminated and any costs incurred
after notice of the grant's termination will not be reimbursed by FEMA.
if you have any questions regrading this approval,please contact Mike Hillenberg.Had Mitigation
Branch Chief,at(303)235-4875 or entail milk.hillcnhun8'rafema.dhs.gov.
Sincerely,
(—)4
CG.LL
Sharon Loper
Acting Regional Administrator
cc: Dave Hard,GAR
Marilyn Gaily,SHMO,Colorado Office Emergency Management
,,.rr.Ionia giw
Page 1 of 1—Exhibit F
HMGP 4145 Project 35-F Encumbrance MG4145035337
EXHIBIT G-RECORD OF ENVIRONMENTAL CONSIDERATION
04/2412015 FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-EN0I
HAZARD MITIGATION GRANT PROGRAM
1:48 PM
Environments Report
Disaster FEMA Amendment App ID Slate Grantee
Number Promo Number roamer
4145 36-F 0 67 CO gimmick'
Subgrentee: Weld(Canty)
FIPS Code. 123-99123 Pried Title:Generea•Weld County:Dacmo Ste
FEMA LaweEOs
LawaEOs Status
Coestat Beavers Resources Act ICORA) NotAppecetie
Own Water Ad(CWA) Completed
Comment Project would have no impact on wetlands or teeters at the us and no permit is reared.-DJONES88-04n620152220 GMT
CoetNl Zone ManaganmtAct(CZMA) motApperatie
Endangered Spades Ad(ESA) Compered
Conaneit Based on Me scope of work end review of the prgect Iacman,F EMA determines there MI be noefect se endangered Wades at MiCN
hebtet.-DJONES6 8-0 4162015 22:21 GMT
Fish end WIIDIN CoordePlan Act(FWCA) Competed
National Htataic Preservaban Act(NH PA) Competed
comment The propceedprceed w18 inealt a permanent generator at the Wald County Noon*Emergency Rama Seton.The Satan was
consbuckon in 1995 and the genraawia be paced in a previously diettebed area egacent tothe existing facility.The scope ofwak hes
been teemed and meets the atas of the September.24,2014 signed Programmatic Agreement egreedto to FEMA and the CO SNPO.
Appendix B:Programmatic Allareuoes.Prgeet Its no category II.D.2a.-0JONESS9-04162M S 2124 GMT
Cleen Alr Ad(CAA) Competed
State Air Quality Laws Competed
Comment See piers c ndeons.-OJONFeo 04/1612015 22:24 GMT
E.O.11908'.FIocdpiaMs Competed
Comment Prated is Sealed in Zone X.per preliminary 6FlRM panel number 05123C2079E dated 531-13:DJONES56-04F162015 2220 GMT
E.O.11990:Wetlands Competed
comment Proles s not Vacated In or agacenl to napped wetlands•DJONESSB•O41ok015 22:20 GMT
E.O.12890:Environmental Justice for Lew Income and Mnorty Populations Conoleted
Page I of 2—Exhibit G
HMGP 4145 Project 35-F Encumbrance MG4145035337
0402412015 FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-P401
HAZARD MITIGATION GRANT PROGRAM
1:40 PIA
Environmental Ripen
Disaster FEMA Amendment App ID Slate Grantee
Numer Prapct Number Number
4145 35•F 0 67 CO 81auea e
SLDasMee: WeldlCouny)
FIPS Code 123-99123 Protect Thle.Genereta•Weld County:Meene Site
Monitoring Monitoring Completed
Law unwed By Required gas By
SAO Dens N.Jones O 0000/0000
Candlurw The a b-rmalcant Is responsible for tempting Wlh ell CaaedoAAl Palution Control Damn(APOOI regulations.Al sources
Required 140001 of potential constrainer and al and gee pNyeds mA will produce as emissions m COldade are required to Mein e
congludla Ord end gas pant The Nat slap to obtaln a permit Is to determine whether your prated mil need en Ar
Pollutbn Emission Noce(APEN) Information on APENs end Mr peeps Is rand at www.00loradog0aadAdAPEN.This
Slue expleinslhe process luoblain an APEN end an sir dPNty congruence a dl and gas pem1t,es rewired under me Ar
Quality Caitrd Commission Repllelial No.3.Pen A.Also.m e site explains the process to detemrise whether or not your
prated is exempt ham the regil o s requirements.Please contact James Memel Colorado Dept a Public Health and
Envir nmeMs Air Pollution Control DMsicn el 300.8923127 a yn.dllecstate.caus Wyou have any queslicns or need
additional Wormabo.
F9IA NEPA Process
FSIA Status
Can•Completed Ua eat rvnr ikary cearxvaurraawnsd kw*ton
lanMeaeemdronmewd Impel(ace 44CFR 104 rte am,
2 LATEX Type Code m Bedrose.4semsddnd Renw et
9.Aaguislim,Installation.a operation a dully end ®No Extraordinary Circumstances Requiring an EA.
carrnuaraace(ixl Documentation Corrpletet4n602015
IS Improvements 10 Wising fealties end the
construction of smell stele naaard ratt n mee sures
Standard Cautions
1. Any change tome approved scope of wax wit require re-evaluation f i conpiance with NEPA and other Laws and Exeaalve Ordeal.
2 The were does not earns ell federal.Nate and lad remlrenees.Acceptance of federal fuming recasts reaniere to comply with et federal.
state eat local lies. Failure to obtain al appropriate federal,data end local amlromental pwMN and dearances may leoprdite federal turning.
3. If grated thtai Ming toggles occur during crosbudion.appican will made grand disturbance end ifanypotential ardiedogieel resources
are discovered.we Immediately ease cceswdbon In get wee and notify the Site end FEMA
Comment
The proposed prated will install a permanent generator at the Wald Canty Decano Emergency Refuel®eaon.-0JONE9.58-041162015 2226
GMT
Page 2 of 2—Exhibit G
HMGP 4145 Project 35-F Encumbrance MG4145035337
EXHIBIT H-ENVIRONMENTAL CLOSEOUT PROCEDURES
Because the environmental laws fall within FEMA's area of responsibility, verification that the
requirements of the environmental documents were met must be provided at the time of grant
closeout. The applicant or applicant's agent must certify the conditions stated in the Catex or Fonsi
document were met, attach all copies of permits and other required documentation, and submit to
FEMA with the closeout packet.
Examples of conditions of environmental documents (not all inclusive):
1. Stormwater permits (EPA's NPDES; Section 401 of the Clean Water Act)
2. Dike permit
3. Army Corps of Engineers Section 10 or 404 permits
4. Floodplain development permit
5. Local permits for debris removal; abandonment of private wells, asbestos, etc.
6. Documentation that agency recommendations such as Best Management Practices (mitigation)
were followed
7. Documentation that applicant received coordinated approvals from agencies on final design or
plan where requested
This process begins at the time of grant award by the State. The applicant will have already received a
copy of the environmental documentation from FEMA staff outlining the conditions to be met. The
State should further emphasize the applicant's responsibilities. The quarterly 404 Report must reflect
the progress being made on environmental conditions.
The applicant must sign FEMA's Environmental Closeout Declaration and attach a statement or
explanation of what action was taken to address each condition or explain why an action was not
required. Copies of all permits must be attached.
Funding will be jeopardized if environmental conditions are not followed and required permits are not
obtained.
Page 1 of 1—Exhibit H
HMGP 4145 Project 35-F Encumbrance MG4145035337
EXHIBIT I-ENVIRONMENTAL CLOSEOUT DECLARATION
This form must be signed after project completion and submitted as part of the grant closeout
documentation. Also,please provide comments to each of the stipulations explaining how the
requirements were met.
I attest that all conditions listed in the approved project's environmental document were followed and
the appropriate permits and documentation are attached.
Project Title
Name of Applicant or Applicant's Agent(Print) Title
Signature of Applicant or Applicant's Agent Date
Page 1 of 1 —Exhibit I
HMGP 4145 Project 35-F Encumbrance MG4145035337
FORM 1 —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'S FULL LEGAL NAME (CAPITALIZED)
Date: Original Contract #: Original Contract CMS# CMS Routing#
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
2) Price/Cost. The maximum amount payable by the State for performance of this Award Letter is $
and the maximum amount of Matching funds, if applicable, is $ . The total amount of Homeland
Security and Emergency Management activities is$ .
3) Performance Period. Grantee shall complete its obligations under this Award Letter on or before
4) Effective Date. The effective date hereof is upon approval of the State Controller or , whichever
is later.
5) Additional Requirements.None
Page I of 2-Form I
HMGP 4145 Project 35-F Encumbrance MG4145035337
STATE OF COLORADO ALL GRANTS REQUIRE APPROVAL BY THE
John W.Hickenlooper,GOVERNOR STATE CONTROLLER
DEPARTMENT OF PUBLIC SAFETY
Division of Homeland Security and Emergency CRS§24-30-202 requires the State Controller to approve
Management all State Grants.This Grant is not valid until signed and
dated below by the State Controller or delegate.Grantee
By: is not authorized to begin performance until such time.If
Grantee begins performing prior thereto,the State of
Kevin Klein,Director
Colorado is not obligated to pay Grantee for such
performance or for any goods and/or services provided
Date: hereunder.
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
By: "SAMPLE ONLY"
Department of Public Safety
Date:
Page 2 of 2-Form I
Rafaela Martinez
From: Roy Rudisill
Sent: Thursday, June 11, 20153:54 PM
To: CTB
Cc: Commissioners; Don Warden
Subject: FW: Grant Agreement for HMGP 35-F & 36-F & 79-F 4145-FEMA Hazard Mitigation Grant
Program (HMGP) for Weld County Award#MG4 145035337 &#MG4145036337 &
#MG4145079337
Attachments: Authorized Agent Disignation Form.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Can we please include this on the agenda -For June 22nd, I sent an email to the Commissioners
and they indicated it was Fine to add it to the agenda with the Contacts for Hazard
Mitigation Grants. Let me know if you have any questions.
Roy Rudisill
Director
Office of Emergency Management
1150 0 Street
970-304-6540 Office
970-381-0417 Cell
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail
and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
Original Message
From: Julie Cozad
Sent: Thursday, June 11, 2015 11:13 AM
To: Roy Rudisill; Commissioners
Cc: Don Warden; Barb Connolly; Trevor Jiricek; Esther Gesick
Subject: RE: Grant Agreement for HMGP 35-F & 36-F & 79-F 4145-FEMA Hazard Mitigation Grant
Program (HMGP) for Weld County Award #MG4145035337 & #MG4145036337 & #MG4145079337
Fine with me.
Julie Cozad
Weld County Commissioner, District 2
1150 0 Street
P.O. Box 758
Greeley, CO 80632
Office: 970-336-7204
Cell: 970-515-2424
Fax: 970-336-7233
jcozad@weldgov.com
1
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail
and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
Original Message
From: Roy Rudisill
Sent: Wednesday, June 10, 2015 5:07 PM
To: Commissioners
Cc: Don Warden; Barb Connolly; Trevor Jiricek; Esther Gesick
Subject: RE: Grant Agreement for HMGP 35-F & 36-F & 79-F 4145-FEMA Hazard Mitigation Grant
Program (HMGP) for Weld County Award #MG4145035337 & #MG4145036337 & #MG4145079337
Can we include this on the agenda with the generator grant contracts? This is scheduled for
June 22nd.
Roy
Roy Rudisill
Director
Office of Emergency Management
1150 0 Street
970-304-6540 Office
970-381-0417 Cell
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail
and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
Original Message
From: Barbara Kirkmeyer
Sent: Wednesday, June 10, 2015 3:04 PM
To: Roy Rudisill
Cc: Commissioners; Don Warden; Barb Connolly; Trevor Jiricek; Esther Gesick
Subject: Re: Grant Agreement for HMGP 35-F & 36-F & 79-F 4145-FEMA Hazard Mitigation Grant
Program (HMGP) for Weld County Award #MG4145035337 & #MG4145036337 & #MG4145079337
And this is what I sent
Have a great day
> On Jun 9, 2015, at 11:38 AM, Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us> wrote:
> Fine with me.
2
> Let's include Barb for financial reports
> Have a great day
» On Jun 9, 2015, at 11:32 AM, Roy Rudisill <rrudisill@co.weld.co.us> wrote:
>> Commissioners, attached is an updated Authorized Agent from related to the Hazard
Mitigation Grants. This form allows the BOCC to delegate quarterly report authority to Staff
personnel. Trevor and I are listed on the FEMA and FHWA reporting documents, I would
recommend that we stay consistent with this document and list Trevor and I.
» I would like to include this with the contracts for the Generator grants.
» Please let me know if you have any questions.
» Roy
» Roy Rudisill
» Director
» Office of Emergency Management
» 1150 0 Street
» 970-304-6540 Office
» 970-381-0417 Cell
» Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail
and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
» Original Message
» From: Settle - CDPS, Sean [mailto:sean.settle@state.co.us]
» Sent: Monday, June 08, 2015 11:29 AM
» To: Roy Rudisill
>> Subject: Re: FW: Grant Agreement for HMGP 35-F & 36-F & 79-F 4145-FEMA Hazard Mitigation
Grant Program (HMGP) for Weld County Award #MG4145035337 & #MG4145036337 & #MG4145079337
» Hello Roy,
» The default is to send them directly to the Authorized Agent who signed the application,
in this case the current BOCC Chair. We'll make sure you are included for all project
communication in the future.
» Also Weld previously submitted an Authorized Agent form with the application, but we have
a revised version which will designate quarterly reporting duties to the staff level
(attached) . Since you're already obtaining agreement signatures, we recommend providing this
as well to expedite the quarterly reports/reimbursements process.
» We plan to schedule one kickoff meeting for all your projects in the next 2-3 weeks. Let
me know if you have any questions.
» Regards,
3
» Sean Settle
» Mitigation Specialist
>> <http://bit.ly/DHSEMsignature>
» 720.852.6709 Direct 1303.915.0245 Mobile I 720.852.6750 Fax
» 9195 E Mineral Avenue, Suite 200, Centennial, CO 80112-3556
» sean.settle@state.co.us <mailto:sean.settle@state.co.us> I www.dhsem.state.co.us
<http://www.dhsem.state.co.us/>
>> www.readycolorado.com <http://www.readycolorado.com/> I www.coemergency.com
<http://www.coemergency.com/>
» Twitter: @COEmergency I @READYColorado
» Facebook: COEmergency I READYColorado
» On Sat, Jun 6, 2015 at 9:35 AM, Roy Rudisill <rrudisill@co.weld.co.us
<mailto:rrudisill@co.weld.co.us> > wrote:
» Sean, please make sure any emails related to the HMGP projects are sent to me or that
I'm copied on the email. I'm listed as the POC in the applications. This went directly to
Commissioner Kirkmeyer, understanding that she is the B0CC Chair. All of the Grants related
to the HMGP are managed by my office.
» Thank you for your help with this.
» Roy
» Roy Rudisill
» Director
» Office of Emergency Management
» 1150 0 Street
» 970-304-6540 <te1:970-304-6540> Office
» 970-381-0417 <te1:970-381-0417> Cell
4
>> Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by return e-mail
and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
» Original Message
» From: Barbara Kirkmeyer
» Sent: Saturday, June 06, 2015 7:29 AM
» To: Roy Rudisill; Don Warden; Barb Connolly
» Subject: Fwd: Grant Agreement for HMGP 35-F & 36-F & 79-F 4145-FEMA Hazard Mitigation
Grant Program (HMGP) for Weld County Award #MG4145035337 & #MG4145036337 & #MG4145079337
» Did one of you get this also?
» Thanks!
» Barb
» Have a great day
» Begin forwarded message:
>> From: "Garcia - CDPS, Kim" <kim.garcia@state.co.us
<mailto:kim.garcia@state.co.us> <mailto:kim.garcia@state.co.us
<mailto:kim.garcia@state.co.us> > >
» To: "Barbara Kirkmeyer" <bkirkmeyer@co.weld.co.us
<mailto:bkirkmeyer@co.weld.co.us> <mailto:bkirkmeyer@co.weld.co.us
<mailto:bkirkmeyer@co.weld.co.us> > >
» Cc: "Sean Settle - CDPS" <sean.settle@state.co.us
<mailto:sean.settle@state.co.us> <mailto:sean.settle@state.co.us
<mailto:sean.settle@state.co.us> », "Greg Moser - CDPS" <greg.moser@state.co.us
<mailto:greg.moser@state.co.us> <mailto:greg.moser@state.co.us
<mailto:greg.moser@state.co.us> », "Scott Baldwin - CDPS" <scott.baldwin@state.co.us
<mailto:scott.baldwin@state.co.us> <mailto:scott.baldwin@state.co.us
<mailto:scott.baldwin@state.co.us> », "Patricia Gavelda - CDPS"
<patricia.gavelda@state.co.us <mailto:patricia.gavelda@state.co.us>
<mailto:patricia.gavelda@state.co.us <mailto:patricia.gavelda@state.co.us> > >, "Kevin
Kuretich - CDPS" <kevin.kuretich@state.co.us <mailto:kevin.kuretich@state.co.us>
<mailto:kevin.kuretich@state.co.us <mailto:kevin.kuretich@state.co.us> > >
>> Subject: Grant Agreement for HMGP 35-F & 36-F & 79-F 4145-FEMA Hazard Mitigation
Grant Program (HMGP) for Weld County Award #MG4145035337 & #MG4145036337 & #MG4145079337
» The HMGP grant agreement for Weld County is attached. Please review the contract
agreement, print 2 single-sided copies and have your authorized official sign both copies,
(the signature page is Page 16 of the document. ) If a delegated person signs the contract
agreement on behalf of the authorized official, please include a copy of the delegation
authority with the contract agreement (in most cases the delegation authority is made by a
Resolution of the Jurisdiction's Board or in an Ordinance).
5
» The FFATA form for your 2015 award is also attached. Please fill out the form
and return it with your grant agreements. Please note that for the "Primary Location of
Performance of the Award" question, you need to enter the location for only one major project
in your budget and that you need to enter the full (9 digits) zip code.
>> Please send both signed originals contract agreements to:
» Ezzie Michaels
» Grants Administration Program Manager
» Division of Homeland Security and Emergency Management
>> 9195 E. Mineral Avenue, Suite 200
» Centennial, CO 80112
>> 720.852.6607 <te1:720.852.6607> <te1:720.852.6607 <te1:720.852.6607> >
» Ezzie.michaels@state.co.us <mailto:Ezzie.michaels@state.co.us>
<mailto:Ezzie.michaels@state.co.us <mailto:Ezzie.michaels@state.co.us> >
>> We will mail you one executed agreement as soon as possible.
» Kim Garcia I Contract Specialist
>> <http://bit.ly/DHSEMsignature>
>> 720.220.0544 <te1:720.220.0544> Mobile 1720.852.6612 <te1:720.852.6612> Desk
I 720.852.6768 <te1:720.852.6768> Fax
» 9195 E. Mineral Avenue, Suite 200, Centennial, CO 80112
>> kim.garcia@state.co.us <mailto:kim.garcia@state.co.us>
<mailto:kim.garcia@state.co.us <mailto:kim.garcia@state.co.us> > I www.dhsem.state.co.us
<http://www.dhsem.state.co.us> <http://www.dhsem.state.co.us/>
» www.readycolorado.com <http://www.readycolorado.com>
<http://www.readycolorado.com/> I www.coemergency.com <http://www.coemergency.com>
<http://www.coemergency.com/>
>> Twitter: @COEmergency I @READYColorado
>> Facebook: COEmergency I READYColorado
>> Receive COEmergency Twitter messages by text:
» Simply text follow coemergency to 40404
» <Authorized Agent Disignation Form.pdf>
6
0 COLORADO
Division of Homeland Security
& Emergency Management
Department of Public Safety
The FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)requires
the Division of Homeland Security and Emergency Management(DHSEM)to collect the following
information for each HMGP sub-award of$25,000.00 or more. This information is required by the
Office of Management and Budget(OMB)and must be submitted by DHSEM into the SUB-AWARD
REPORTING SYSTEM(FSRS).
Unless otherwise indicated, all fields must be completed in order to be an eligible sub-grant recipient.
Information Field Field Description Response
Agency or Jurisdiction DUNS number assigned to your
DUNS # jurisdiction or specifically to your 075757955
agency
Parent Organization DUNS If the Jurisdiction has a DUNS
number, if applicable number and the Agency has one
as well, insert the Jurisdiction's
DUNS here.
Name of Entity Receiving Jurisdiction or Agency Name to Weld Conty
Award which the DUNS number is
assigned
Location of Entity Receiving Full Street Address of the 1150 O Street, PO Box
Award Recipient Agency 758 Greeley, Co 80632
Primary Location of Include City, State, Zip Code
Performance of the Award (must provide 9 digits) and 80504-5229
Congressional District
The Information below is required if Athe following three conditions are met, otherwise enter"Not
Required"in row 1:
1. In the preceding fiscal year, 80% or more of the entity annual gross revenues are from the Federal
government; and
2. Those revenues are greater than $25M annually; and
3. Compensation information is not already available through reporting to the IRS or SEC
Names and Total Compensation of the Five(5) most highly compensated officers
1. p//P'
2.
3.
4.
5.
Signature � }tf.5�i,U,k 4l�l.� .Pig- Date: JUN 2 2 2015
gency's Authorized epresentativ (usually the Grant Administrator or Program Manager or Coordinator)
By signing above, I certify that the information contained in this FFATA data report is complete and
accurate to the best of my knowledge.
O2oj 71/67<0
Colorado Office of Emergency Management
Ik ;"' Hazard Mitigation Application 9 PP • All Project Types
Designated Agent's
Project Management Signature Authority
Signatory authority for routine grants management is hereby delegated as noted to the following personnel:
Request for Reimbursement
X Quarterly Financial Status Reports
Barb Connolly I]
Quarterly Project Performance Reports
,\'ct,rte Monitoring Documents
X I Certified Payroll
Controller, Weld County Record of Environmental Compliance
Title I p
Other
Signature of "'Bo
jai9 64,44
Authorized Individual Date li / -
1
( I Request for Reimbursement
Roy Rudisill
Quarterly Financial Status Reports
IX . Quarterly Project Performance Reports
Name i4 Monitoring Documents
Director, Weld County OEM J Certified Payroll
J Record of Environmental Compliance
Title Other
Signature of ��`�
Authorized Intii .ideal
Date -e/a"--/›—
The above authorization will commence on the date of this statement, as attested to below. and will apply for
the duration of the billowing Contract s:
Project s \ame s and Contract Number s:
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Chair, Board of Weld
Count`: Commis-;loners r' )ti t 'i „tr1JG
.rgrt,i!ur: ,)I 1).s,!` „!:�1 \�' i! NI,. Pate ofC nrtttenccnienr
li.tri.1,1 F;irkmt....•,,r
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Colorado Office of Emergency Management
''7' ' Hazard Mitigation Application All Project Types
DESIGNATION OF AGENT
RESOLUTION
BE IT RESOLVED BOARD OF COMMISSIONERS OF WELD COUNTY
(Governing Body I (Public Entity)
THAT BARBARA KIRKMEYER • CHAT R
(Name) (Title)
is hereby authorised to execute for and in behalf of
WELD COUNTY ,
a public entity established under the laws of the State of Colorado. all required forms and documents for the
purpose of obtaining financial assistance for the Hazard Mitigation Grant Program (HMGP) under the Robert
T Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288 as amended)
Passed and approved this 22nd day of _ June . _'(1 i 5 .
•
CERTIFICATION
I. BARBARA_KIRKMEYER_ . duly appointed and _.._.CH g.-___..__.__—_._..
(Name) (Title)
of WELD COUNTY BOARD OF COIVISSIONERSdo hereby certify that the ahoy e is a true and correct copy of
(Public Emits)
a resolution passed and appros eel by the WELD COUNTY BOARD OF COMMI SS TONERS
t(i.focmorg Body)
of WELD COUNTY on the 5th - day of JANUARY_ _ ,_'U E 5 414/41AL" CHAIR, BOARD OF COMISI3ONERS J'-'ti Z Z 2V5lli natt. t rt?t�let•iI I'• .tU�nt i ).tt:,
•
cis -/1/1 I .)
RESOLUTION
RE: ELECTION OF CHAIR OF THE BOARD FOR 2015
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, pursuant to Section 3-5(1) of the Weld County Home Rule Charter, the
Board of County Commissioners shall elect, at its first meeting in January of each year, a Chair
of the Board, and
WHEREAS, on January 5, 2015, the Board held its annual organizational meeting, and
WHEREAS, on motion duly made and seconded, Commissioner Barbara Kirkmeyer was
unanimously elected as Chair of the Board for the year 2015.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Commissioner Barbara Kirkmeyer be, and hereby is, elected to
serve as Chair of the Board of County Commissioners of Weld County, Colorado, for the year
2015.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
and directed to sign all legal documents on behalf of the Weld County Commissioners and for
the County of Weld, also any document wherein the statutes require only the signature of the
Chair of the Board, attested to by the Clerk to the Board.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of January, A.D., 2015, nunc pro tunc January 1, 2015.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, CO ORADO
ATTEST: dageo
SXIKUde/u-
�� arbara Kirkme , Chair TTJTTJ
Weld County Clerk to th= :•= '
t 1114.444/1te.-
Mike Freeman, Pro-Tem
BY:
Deputy Cle to the Boa :�Jl�j $> �--�
(--Se-an P. onway
APPROV AS TO FORM:
ie A. Cozad i
County Attorney
JAN 0 8 Steve Moreno
Date of signature 2C S
tiU :t, a� i r i t; lc, 2015-0002
BC0048
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