No preview available
HomeMy WebLinkAboutC03-210 Department of Public Safety, Office of Preparedness, Security and Fire Safety~, ~(~ ~ v De artment or A enc Number: RAA CLIN: FEIN: . CFDA#: To be indicated in each SOGA as a licable MASTER CONTRACT This Master contract, made this 1st day of July, 2003, by and between the State of Colorado for the use and benefit of the Department of Public Safety; Office of Preparedness, Security, and Fire Safety (OPSFS}, 15055 S. Golden Rd., Golden,: CO 80401-3971, hereinafter referred to as the State or Department, and' Eagle County hereinafter referred to as the Contractor, RECITALS 1. Authority exists in the law and funds have been budgeted, appropriated, and otherwise made available, and a sufficient unencumbered .balance thereof remains available for payment in Fund Number ,Contract Encumbrance Number: As detailed in Statement of Grant Award(s). 2. Required approval, clearance, and coordination has been accomplished from and with appropriate agencies. 3. The State annually and/or periodically receives funding from the following federal agencies: the Federal Emergency Management .Agency (FEMA) -under the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000, Public Law 106-74; Robert T. Stafford Disaster lzelief and Emergency Assistance Act, as amended, Public Law 93-288, as amended; 42 U.S.C. 5121 et seq.; 42 U.S.C. 5195 et seq.; Omnibus Consolidated Appropriations Act of 1997, Public Law 104-208; and Department of Defense Authorization Act of 1986, Public Law 99-145 as amended; U. S. Department of Transportation (DOT) -under the Hazardous Materials Uniform Transportation Safety Act 1990, Public Law 101=615, 49 U.S.C. 5101 et seq., and the U.S. Department of Justice (DOJ} - U:S. Department of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act of 1999, Public Law 105-119, and similar funding which will be distributed through the Homeland Security Act of 2002, Public Law No. 107-296, for the purpose of supporting emergency management and preparedness activities to include administration, homeland security, anti-terrorism, emergency planning, training, exercising, hazard mitigation, and procurement of facilities and equipment. 4. Local units of government (counties, cities and towns),.Councils of Government (COG), and Local Emergency Planning Committees (LEPC) have been determined to be authorized eligible Sub-Grantees under the above identified Public Laws and statutes, as Page 1 of 13 • well as under any present legislation that identifies all or some ,of the entity types specified above as eligible Sub-Grantees, and CFR 40 Part 33,, CFR 44 Parts 1:3 and 302, CFR 49 Pazt 110, and CFR 28 Part 66. ' 5. The State annually or periodically distributes federal funds received to existing contractors, determined to be eligible by the State using State and/or federal eligibility criteria and which aze in good standing, using State developed .application process, and allocation procedure. The Contractor has been included as a potential :funding recipient by the State for emergency management and prepazedness funding, to enter into this , agreement and to undertake the services desired by the State and federal government. As part of the application evaluation process, the State may or may not have modified the Contractor's application. and/or funding request to conform to program requirements and/or fund's availability. 6. State fiscal rules require a State agency to enter into a contractual agreement in order to pass funds to either a local governmental entity or aquasi-governmental entity such as a COG or LEPC. . 7. This Master contract is in keeping with applicable State law CRS 24-50- 504(2)(a)(c)(e), personal services contracts not implicating State personnel system, and CRS 24-33.5-1604(1), duties and powers of the Office of Preparedness, Security, and Fire Safety (OPSFS) and the rules and regulations of the State. 8. The Contractor is capable and desires to perform the services. NOW THEREFORE, subject to the terms, conditions, provisions .and limitations contained in this. Master contract, the State and the Contractor agree as follows: 1. Scone of Work -The Contractor agrees to caary out the scope of work described in each of its application packages [as possibly modified by the State] for emergency management and prepazedness activities, as approved by the State in its Statement of Grant Awazd (SOGA) (Exhibit : A), and to do so in conformance with this Master contract and applicable federal and State laws, rules, and regulations pertaining to each specific grant. At its sole discretion, the State reserves the right to modify Grant Applications and reduce requested awazd amounts at the time of the initial awazd. The State does not guazantee the Contractor will receive an award or any minimum awazd amount Upon issuance of an awazd from an individual application [as possibly modified by the State], the SOGA and grant application will become a part of this Master contract. Contractor agrees to accept any awards resulting from modified applications or modified funding requests. Multiple awadds may be issued. under this Master contract. 2. Performance Period -This Master contract shall become effective upon the date of its proper execution by the State Controller or designee and shall continue for a period up to five (5) yeazs, as long as the State continues to designate the Contractor as an eligible recipient of funds.. All SOGAs (Exhibit A)' Page2of13 ,i ~ and modified SOGAs (Exhibit B) that may be issued hereunder will identify the performance period associated with the particular grant(s) involved. 3. Legal Authority -The Contractor assures and warrants that it possesses the legal authority to enter into this Master contract. The person signing and executing this Master contract on behalf of the Contractor does hereby warrant and guarantee that he/she has full authorization to execute this Master contract. 4. Compensation/Maximum Payable -All SOGAs (Exhibit A), issued by the State under this Master contract will authorize the Contractor to expend funds and initiate requests for reimbursement up to the amount of the grant awazd and in accordance with program policies. After the original issuance of a~ SOGA, the parties may amend the funding available on an award by utilizing a modified Statement of Grant Awazd (Modified SOGA) (Exhibit B). No SOGA (Exhibit A), or Modified SOGA (Exhibit B) shall be deemed valid. until it shall have been approved by the State Controller or his designee. 5. Billing/Payment Procedure -Upon receipt of the supporting receipts, reports and summary documentation, the State will reimburse the Contractor for eligible costs incurred under the grant. Payment and' interest is subject to State Fiscal Rule 2-5 and section 2430202(24) C.RS.` (1999). A State warrant or Electronic Funds Transfer {EFT) will be issued for reimbursement of eligible expenses. In those cases where a Contractor may have a cash flow problem verified by the State, the State may reimburse the Contractor based upon unpaid vendor invoices. In these cases, which are an exception to normal practice, the Contractor shall be responsible for payment to the vendor and providing paid vendor invoices to the State for its records. 6. Advance of Funds -Some federal grants such as those for Homeland Security, Emergency Preparedness, Operational Planning, Anti-Terrorism, and Weapons of Mass Destruction (WMD) equipment purchases. programs provide for an advance of funds.. In such cases where the federal grant program allows for advances, it will be the State's (OPSFS) decision as to whether a specific Sub-Grantee's situation warrants the use of an advance. In cases where an advance of funds. is authorized by the State, the Sub-Grantee will be responsible for maintaining expenditure records, and reconciling such expenditures with the advance of funds, based on a reporting schedule determined by the State. If the State authorizes advance payments of grant funds, such advances will be -made in accordance with the then current State program policies and in compliance with standazd grant cash management practices as defined in 44 CFR Ch.l, Part 13.20, which require that expenses be incurred as close to the draw-down date of the funds as is practicable. 7. Current Award Period - An award shall be effective from the first date shown in the performance period on the SOGA (Exhibit A). For grants of an annual recurring nature the performance period routinely runs from October 1 of one yeaz through September 30 of the next yeaz. In cases of disaster declazations, Page 3 of 13 • the disaster declaration process is such that the actual funds.. for these programs normally do not become available to the State until after -the starting date. of the performance period. This results in SOGAs (Exhibit A), being- issued by the State for a performance period which may have started several months.previously.. In this situation, the Sub-Grantee may have incurred expenses during this period that aze eligible for reimbursement under the terms and conditions of the grant program. 8. Reversion of Ezcess Funds to the State a. Any funds paid to the Contractor and not expended in connection with an SOGA shall be .remitted to the. State upon .completion of the awazd or a determination by the State that the .scope of the grant awazd will not be completed. All State or federal funds encumbered under a SOGA or Modified SOGA, but not required for completion of the awazd will be deobligated by .the State. b. It is expressly understood that if the Contractor receives State funds. from this contract in excess of its fiscal yeaz spending limit, all such excess..funds from this contract shall revert to the State. Under no circumstances shall excess funds from this contract be refunded to other pazties. 9. Financial Management - At all times, from the effective date of this Master contract until closeout of each award issued hereunder and through the records retention period (paragraph 22.), the Contractor shall maintain properly segregated books of State funds; matching funds, and other funds associated with each awazd. Contractor shall be responsible for accounting for and reporting on any required match funding as indicated in the SOGA (Exhibit A). or modified 50GA (Exhibit B). Records shall be maintained in accordance with applicable local and State procedures, and appropriate OMB circulars. 10. Renortine -The Sub-Grantee shall meet all reporting requirements in accordance with the then current program policies and any subsequent forms and related program policies as required by the Federal Funding Agency or the State Office of Prepazedness, Security, and Fire Safety (OPSFS). ~ All changes of policies or forms for the OPSFS shall be transmitted to Sub-Grantee in writing. 11. Amendments- If the State or the Contractor desires to change the level of funding and/or scope of services contained in a SOGA or Modified SOGA, it can do so via the issuance of a Modified SOGA (Exhibit B). Any such modified SOGAs (Exhibit B) shall not be deemed -valid until the State Controller or his designee shall have approved them. All other changes require a formal written amendment to this Master Contract. After the initial grant awazd, the State may unilaterally decrease (using a modified SOGA- Exhibit B) the amount of the grant award provided that the amount is Page 4 of 13 • • uncommitted, unspent, unperformed and undisputed.. Prior to the issuance of any modified SOGAs (Exhibit B), the State and the Contractor will have mutual discussion to determine exactly what is uncommitted, unspent, unperformed and undisputed. 12. Audit - a. Discretionary -The State and the federal government, or any of their duly authorized representatives shall have the right to inspect, examine and audit the Contractor's and any subcontractor's records, books, accounts and other relevant documents. For the purposes of a discretionary audit, the State specifically reserves the right to hire an independent Certified Public Accountant of the State's choosing. A discretionary audit may be requested at any time and for any reason,from the effective date of this Master contract or any SOGA issued thereunder until five (5) years .after the date of each grant's official closeout, provided that the audit is performed during normal business hours.. b. Mandatory Audit -Whether or not the State or the federal government calls for a discretionary audit as provided above, the Contractor shall include the Pmject in its annual audit report as required by OMB Circular A,-133, and/ or the Colorado Local Government Audit Law, 29-1-601, et seq, C.RS., and State implementing rules and regulations. Such audit reports shall be submitted to the Department. Thereafter, the Contractor shall supply the Department with.copies of all correspondence from the State Auditor or applicable federal agency related to the relevant audit report. If the audit reveals evidence ofnon-compliance with applicable requirements, the Department reserves the right.to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to 29-1-607 or 29-1-608, C.RS. 13. Conflict of Interest - a. No employee of the Contractor shall perform or provide part-time services for compensation, monetary or otherwise, to a consultant or consultant firm that has been retained by the Contractor under the authority of this Master contract. b. The Contractor agrees that no person at any time exercising any function of responsibility in connection with this project on behalf of the Contractor shall have or acquire any personal financial or economic interest, direct or indirect, which will be materially affected by this Master contract, except to the extent that he may receive compensation for his performance pursuant to this Master contract. c. A personal financial or economic interest includes, but is not limited to: 1) any business entity in which the person has a direct or indirect monetary interest; 2) any real .property in which the person has a direct or indirect monetary interest; Page 5 of 13 • 3) any source of income, loans, or gifts received by or promised to the person within twelve (12) months prior to the execution date of this Master contract; 4) any business entity in -which the person is a .director, officer, general or limited partner, trustee, employee, or holds any position of management. . For purposes of this subsection, indirect investment or interest mews. any investment or interest. owned by the spouse, pazent, brother, sister, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in~law, or daughter-in-law of the person by an agent or hisser behalf, by a general, limited or silent partner of the person, by any business entity controlled by said person, or by a trust in which he/she has substantial interest. A business entity is controlled by a person if that person, his/her agent, or a relative as defined above possesses- more than fifty percent (50%) of the ownership. interest..: Said person has a substantial economic interest in a trust when the person or anabove-defined relative has a present or future interest worth more than one thousand dollars ($1,000.00). d. In the event a conflict of interest, as described in this Paragraph, cannot.be avoided without fivstrating the purposes of this Master contract, the. person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure Statement setting forth the details of such conflict of interest. In cases 'of extreme and unacceptable conflicts of interest, as determined by the State, the State reserves the right to terminate the Master contract .for cause. Failure to file a disclosure Statement required by this Pazagraph shall constitute grounds for termination of this Master contract for cause by the State. 14. Contract Suspension - ff the Contractor fails to comply with any contractual provision, the State may, after notice to the Contractor suspend the Master contract or any and all SOGAs or Modified SOGAs and withhold further payment or prohibit the Contractor from incurring additional obligation of contractual funds, pending corrective action by the Contractor or a decision by the State to terminate in accordance with Contract Termination (pazagraph 15). ,The State may determine to allow such necessary and proper costs, which the Contractor could not reasonably avoid during the period of suspension. 15. Contract Termination. This Master contract (and/or any resulting SOGAs or modified SOGAs) maybe terminated as follows: a. Termination Due to Loss of Funding -The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with funds provided by the federal government to' the State for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to Page 6 of 13 • compensation arising under this Contract aze contingent upon receipt of such funds by the State. In the event that such funds or any part thereof aze not received by the State, the State may immediately terminate or amend this Master contract. b. .Termination for Cause/Default - If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner- its obligations under this Master contract; or if the Contractor shall violate any of the .covenants, agreements, or stipulations of this Master contract, the State shall thereupon have the right to terminate this Master contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such temunation: In that event, all .finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepazed by the Contractor under this Master contract Shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Master contract by the Contractor, and. the State may withhold any payments to the Contractor for the purpose of offset until such time as the exact amount of damages due the State from the Contractor is determined: c. Termination for Convenience -The State may terminate this Master contract or any and, all SOGAs or Modified SOGAs at any time the State determines that the purposes of the distribution of State moneys under the Master contract or any and all SOGAs or Modified SOGAs would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Master contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory services and supplies delivered. If the Master contract or any SOGA or Modified SOGA is terminated by the State as provided in this subparagraph c, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services satisfactorily performed bear to the total services of the Contractor covered by this Master contract or the SOGA or Modified SOGA, less payments of compensation previously made, provided, however, that if less than. sixty percent (60%) of the services covered by this Master contract or the SOGA or Modified SOGA have been performed upon the effective date of such tenmination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the .actual out-of-pocket expenses (not otherwise reimbursed under this Master contract or the SOGA or Modified SOGA) incurred by the Contractor during the Master Page7of13 • contract or the SOGA or Modified SOGA period which are directly attributable to the uncompleted portion of the services covered by this Master contract or the SOGA or Modified SOGA. .In no event shall reimbursement under this clause exceed the Master contract or the SOGA or Modified SOGA amount. 16. Integration -This Master contract as written with attachments- and references, is intended as the complete integration of all understandings between the parties at this time and no prior or contemporaneous additions, deletion, or amendment hereto shall have any force or effect whatsoever, unless embodied in . a SOGA, modified SOGA or a Master contract amendment incorporating. such . changes, executed and approved pursuant to applicable law. 17. Severability - To the extent that this Master contract maybe executed and performance of the obligations of the parties may be accomplished within the intent of the Master contract, the terms of the Master contract are severable, and should any term or provision hereof be declared invalid: or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. 18. Recantnre Provisions - In the event that the Contractor fails to expend funds under this Master contract in accordance with State laws and/or the provisions of this Master contract, the Department reserves the right to recapture State funds. in an amount equivalent to the extent of the noncompliance. Such rights of recapture shall exist for a period not to exceed five (5) years following contract termination. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand, if the Contractor's failure is undisputed,. or within 30 days of final judicial determination, as appropriate. 19. Assignment -Neither party, nor any subcontractor hereto,. may assign its rights or duties under this Master contract without the prior written consent of the other party. 20. Survival of Certain Contract Terms -Notwithstanding 'anything herein to the contrary, the parties understand and agree that all terms and conditions of this Master contract and the exhibits and attachments hereto which .may require continued performance or compliance beyond the termination date of the Master contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. 21. Nondiscrimination - a. The Contractor shall .comply with all applicable State and federal laws, rules, and regulations and Executive Orders. Contractor may utilize the expertise p'age8of13 of the State Minority Business Office within the Office of the Governor, for assistance in complying with the nondiscrimination and affirmative action requirements of this Master contract and applicable statutes. b. The Americans with Disabilities Act of 1990. Public Law 101-336,. also referred to as the "ADA 28 CFR Part 35. The Contractor must comply with ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. 22. Records Retention -The Contractor shall retain for at least five (5) years after the State's closeout of each grant all records required for the grant including documentation and. records of all expenditures incurred under the grant being closed. Retention for longer than the five years may be deemed necessary to resolve any matter which may b~ pending. This retention is for the purpose of review and audit by the State, . federal government or their authorized representative.. 23. Comaliance with Federal A~reement/Contract Terms and Conditions, Federal and State Law and Program Rules and Regulations - At all times during the performance of this Master contract, the Contractor shall strictly adhere to all applicable Federal and State laws that have been or may hereafter be established. The Contractor shall also comply with all terms and conditions that the State has entered into with the federal government as -apart of the grant application process and as spelled 'out in grant contracts/agreements, and all applicable federal and State laws, rules, and regulations related to grant .awards under this Master contract. These include, but are not limited to, compliance with the following: a. Americans with Disabilities Act including Title II, Subtitle A/24, U.S.C. Sec. 12101 et seq. and implementing regulations. b. OMB Circulars A21, A87, A110, A124, and A133 as applicable c. 31 U.S.C. Section 1352 -Prohibition Against use of Federal Funds for Lobbying. d. Privacy Act of 1974, 5 U.S.C. Section 552a and Regulations adopted there under. e. Certification required by 49 CFR Part 29, "Government Debarment and Suspension". f. Drug Free Workplace. g. Title V1I of the Civil Rights Act 42 U.S.C. Section 2000 d-1 et seq., and its implementing regulation in 44 CFR. h. Others as maybe included in the SOGA (Exhibit A), for a specific grant. Unless otherwise agreed by the parties, the Contractor assumes and will discharge the obligations of the State as grantee and recipient, under the Federal Terms and Page 9 of 13 • • Conditions, including the specific and general assurances. as may be covered in Appendices thereto, concerning compliance of specific federal statutes such as those addressing the Civil Rights Act of 1964. 24. Special Conditions and SOGAs -Beyond those conditions contained in this Master contract, special conditions may be incorporated into a SOGA (Exhibit A) or modified SOGA (Exhibit B), in the Scope and/or Grant Considerations paragraph(s) of the individual award or in an attachment to the SOGA/modified SOGA. These conditions, upon Contractor's receipt of the grant or any modifications thereto, become a part of this Master contract, and legally binding under it. 25. Third Party Benefciary -This Agreement is intended solely to fimd the Project(s) proposed by Contractor and to define. the rights and responsibilities between the parties with respect to such funding. This Agreement is not intended to create any third party rights, nor are third parties entitled to rely upon any provisions herein stated. 26. Waiver -The waiver of any breach.of a term, provision, or requirement of this Master contract shall not be construed or deemed as waiver of any subsequent breach of such term, provision, or requirement, or of aay other term, provision, or requirement. 27. Software Piracy Prohibition - No State or other public funds payable under this sub-grant shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright .laws or applicable .licensing restrictions. The Sub-Grantee hereby certifies that; for the term of this sub-grant and any extensions, the Sub-Grantee has in place. appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Sub-Grantee is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this sub=grant, including, without limitation, immediate termination of the Sub-grant and any remedy consistent with United States copyright laws or applicable licensing restrictions. 28. Governmental Immunity -Notwithstanding any other provision of this Master contract to the contrary, no term or condition of this Master contract shall 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, Section 24-10-101, et.seq., CRS, as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards,. officials and employees is controlled and limited by the provisions of Section 2410-101, et. seq., CRS, as now or hereafter amended and the risk management statutes, Section 2430-1501, et. seq., CRS, as now or hereafter amended. Page l0 of 13 • • 29. Attachments -The following items aze considered to be attachments to and part of this Master contract: a. Specific grant application. packages [as possibly modified by the State] from the jurisdiction (Attachment 1 to Exhibit A). b. State SOGA .(Exhibit A), or modified SOGA (Exhibit B) with ,all attachments (including specific grant terms :and conditions), for each specific grant funded. 30. Order of Precedence - In the event of conflicts or inconsistencies between this Master contract and its exhibits or attachments, such .conflicts or inconsistencies shall be resolved by reference to the document in the following order of priority: a. Colorado Special Provisions, pages 12 and 13 b. Master contract, pages 1 to 11 c. Modified Statement of Grant Award (SOGA); Exhibit B. d. Statement of Grant Awazd (SOGA), Exhibit A. e. Contractor's Application (Attachment 1 to Exhibit A) 31. Federal FundinE -This Master contract is subject to and contingent upon the continuing availability of Federal funds for the purposes hereof. 32. Purpose of Contract and Release of Liability -The State is acting as a conduit to facilitate the "passing through" of Federal Funds from the .Federal Government to the Contractor. The State is not liable-for any use or misuse of any the products or services ~ acquired by the Contractor (or any Sub-Grantees) under the terms of this Master contract and any. resulting grant award(s). The Contractor will defend and hold the State harmless in any ensuing legal actions involving products or services acquired under this Master contract. 33, Venue -The exclusive venue for all actions arising under this contract shall be District Court, City and County of Denver, Colorado. Pagellofl3 ~ ~ SPECIAL PROVISIONS ~ ~ (For Use Only with Inter-Governmental Contracts) 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2: FUND AVAILABII.I[TY. CRS 24-30-202 (S.S~ Financial obligations of the State of Colorado payable after the current fiscal year aze contingent upon fiords for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. To the extent authorized bylaw, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Govemmetltal Immunity Act, . CRS 2410-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR 4 CCR 801-2 THE CONTRACTOR SHALL PERFORM ITS DUTIES FIEREUNDER AS AN INDEPBNDENT CONTRACTOR AND NOT AS AN EMPLOYEB. NBITI~R THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS C0IVTRACT. CONTRACTOR ACKNOWLEDGES THAT THE.CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BBNEFrrS UNLESS THE CONTRACTOR OR THntD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE'SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREIINIENTS; LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE AND UNBI~IPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND. SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. T'he contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said Iaws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall 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 will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all .times during the performance of this contract, the Contractor shall strictly adhere to all.applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 7. SOFTWARE PIRACY PROffiBITION. Governor's Executive Order D 002 00 No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate ternvnation of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 8. EMPLOYEE FINANCIAL INTEREST. CRS 2418-201 & CRS 24-50-507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. Page of ~Rev7/3/03, CDPS LAN Version h ~ SPECIAL PROVISIONS ~ _I THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: Bill Owens GOVERNOR By legal Name of Contaacting Entity FOR C. Suzanne Mencer, Executive Director Department of -Public Safety Social Security Number or FEIN LEGAL REViEw: Ken Salazar ATTORNEY GENERAL ~l t e~, r~~ ~. f...., ~ ~L ~ Print Name & Title of Authorized Officer CORPORATIONS: (A corporate attestation is required.) Attest (Seal) ~1'~` By o~ ~'ot£ ~o~ PPROVED AS TO F ~ * s Office * o ~ Eagle County Attorney ooto~Po ~~7 e (Place corporate seal here, if available) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed. it. The contractor is not authorized to begin performance until the contract is signed and dated below.. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: Arthur L. Barnhart sy, Date Rev. 7/3/03, CDPS I.AN Version Page of V(','~ ~L Y.L.-!/~ 1~~/j .l_-~ CU C_:.Cr ~ •~ Q ~ ~ ~ EXHIBIT . A COLORADO DEPARTMENT OF PUBLIC SAFETY STATEMENT OF GRANT AWARD (SOGA) °4'CO~o FEDERAL PROGRAM INFORMATION. mow.---~ ye :~. ~ ~ CFDA Number. . * ~ * Federal Agency: * * Federal Award Name & Number. "~s~g ~' PO# Region # Sub-grant Award Number: Sub-grant Lead Agency Name: Sub-grant Lead Agency Director: . Sub-grant Financial Agency Address: Grant Period: Date Issued: ~ ~ ,$ ., ,=~d~ The Office of Preparedness, Security, and Fire Safety hereby awards a grant to the above-Hamad sub-grant lead agency pursuant to the terms of the Master Contract entered into by the parries on identlfied under routlng number _ .The attached grant appiicatlon [as possibly modified by the State] is incorporated herein as part of this doaurrent. APPROVED BUDGET Total Federal Funds Pmject Awarded S TOTAL BUDGET Office of Preparedness, Security, & Fire Safety REVIEWER Printed Name Printed Name Signature Signature. APPROVED Signature Page 1 of 2 i • Statement of Grant Award (SOGA) ' INSTRUCTIONS 1. Grant activities must be based on the approved budget shown on page one of this Statement of Grant Award, and the. detailed budget(s) within the attached application as modified and approved by the State. The sub-grantee must secure prior written approval from OPSFS if there is to be a change in any budget category. 2. The sub-grantee will give the Financial Officer of the project a copy of this dooument in order to adequately prepare the necessary finanaal reports. 3. The sub-grantee agrees that the attached grant application, and master contrail, is hereby incorporated by reference as part of this grant award. . 4. Review carefully the enclosed letter for this grant program. It includes procedures regarding this document,. draw-down of grant funds, reporting requirements and requesflng grant modifications. 5. This grant award shall be effective upon the intended start date (as set out in the grant period shown on page 1 of this SOGA); however final approval by the State. Controller or designee. is required.: 6. This grant award may be cancelled in whole without further cause by the Office of Preparedness, Security, and Fire Safety within 20 days of the date of issuance. ADDITIONAL OPSFS RECUIREMENTS (1) All sub-grants are conditioned on the ability to report to the Office of Preparedness. Security, and Fire Safety all the infonnation contained on the OPSFS quarterly financial reporting and semi- annual progress report forms. -which are provided with this SOGA. Technical assistance is available upon request.. . (2) These funds cannot be guaranteed beyond the end date of the grant period on page 1 of this SOGA. Unexpended funds remaining at the end of the grant period must be returned to the Office of Preparedness, Security, and Fire Safety. Page 2 of 2 • r s E~IiIBIT B COLORADO DEPARTMENT OF PUBLIC SAFETY ~ . MODIFIED STATEMENT OF GRANT AWARD (MODIFIED SOGA) °F'CO~o ~ FEDERAL PROGRAM INFORMATION aw- -~ . y~ ~ CFDA Number: * * Federal Agency: # * Federal Award Name 8 Number. .. ~ ~s~e . PO # R ton # Sub-grant Award Number: Sub-grant Lead Agency Name: Sub-grant Lead Agency. Director: (original number) - X (for number of modiflcatlon) Sub-grant Financial Agency Address: Grant Period: Date Issued: The Office of Preparedness, Security, and Flre Safety hereby awards a grant m the above-named sub-grant lead agency pursuant to the terms of the Master Contract entered into by the parties on idenWied under routing number .. The attached modified grant~application is here by incorporated as part of this document. Modification of the original grant award is due to ...,.,..,. /f...,niTT1P!Ti~r Ai i 1~V ~ LY Y Orin Modified Total Federal Funds Total fiede=al Funds project Awarded Awarded $ $ ~ S TOTAL BUDGET Office of Preparedness. Security, & Fire Safety Printed Name Signature REVIEWER Printed Name Signature. APPROVED Signature Page 1 of 2 1 Modified Statement of Grant Award (SOGA) INSTRUCTIONS 1. Grent.activities must be based on the approved budget shown on page one of this 3tatement~of Grant Award, and the detailed budget(s) within the attached application as modfied and approved by the State. The sub-grantee must secure prior written approval from OPSFS if there is to be a change in any budget category. 2. The sub-grantee will give the Financial Officer of the project a copy of this document in order to adequately prepare the necessary financial reports. 3. The sub-grantee agrees that the attached grant application. and master contrgd, is hereby incorporated by reference as part of this grant award. . 4. Revlew carefully the enclosed letter for this grant program: It includes procedures regarding this document, draw-down of grant funds, reporting requirements and requesting grant modifications. 5. This grant award shall be effective upon the intended start date (as set out in the grent period shown on page 1 of this SOGA); however final approval by the State Controller or designee s required. 6. This grant award may be cancelled in whole without further cause by the Office of Preparedness. Security, and Fire Safety within 20 days of the date of issuance. ADDITIONAL OPSFS REQUIREMENTS (1) All sub-grants are conditioned on the ability to-report m-the Office of Preparedness, Security, and Fire Safety ail the information comtafned on the OPSFS quarterly financial reporting and semi- annual progress report fomns, which are provided with this SOGA. Technical assistance is available upon request. (2) These funds cannot be guarenteed beyond the end date of the grant period on page 1 of this SOGA. Unexpended funds remaining at the end of the grant period must be returned to the Office. of Preparedness.. Security, and Flre Safety. Page 2 of 2