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HomeMy WebLinkAboutC06-084 Cu(o 6~(-(O Department or Agency Number: NAA CLlN: FEIN: 846000762 CFDA#: To be indicated in each award letter as a licable CONTRACT # 6EM20 This contract, made by and between the State of Colorado for the use and benefit of the Department of Local Affairs, Division of Emergency Management (CDEM), 9195 E. Mineral Ave. Suite 200, Centennial, CO 80112, hereinafter referred to as the State, and the EaQle County hereinafter referred to as the Contractor, WHEREAS, 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 100 or 260 , Contract Encumbrance Number: As detailed in qrant award letter(s); and WHEREAS, required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State annually and/or periodically receives funding from the following federal agencies: the U.S. Department of Homeland Security (DHS), 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 Relief 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; Superfund Amendment and Reauthorization Act of 1991, Title III Public Law 99-499 as amended; and Department of Defense Authorization Act of 1986, Public Law 99-145 as amended; Environmental Protection Agency (EPA) - Emergency Planning Community Right to Know Act, 42 U.S.C. 11001 et seq., and/or the Clean Air Act, 42 U.S.C. 7412; 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, for the purpose of supporting emergency management activities to include administration, emergency planning, training, exercising, hazard mitigation, disaster response and recovery, and procurement of facilities and equipment; and WHEREAS, the State periodically, as disasters are declared and funds authorized, receives funding from the State Disaster Emergency Fund under C.R.S. 24-32-2106 (Colorado Disaster Emergency Act of 1992); and FEMA under Public Assistance and Hazard Mitigation Grant Programs, Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, for the purpose of disaster response, recovery and mitigation; and WHEREAS, local units of government (counties, cities and towns), Councils of Government (COG), Local Emergency Planning Committees (LEPC), as well as certain public and private nonprofit organizations have been determined to be authorized eligible sub-grantees under the above identified Public Laws and statutes, as well as under any present or future emergency management related legislation that identifies all or some of the entity types specified above as eligible Subgrantees, and CFR 40 Part 33, CFR 44 Parts 13 and 302, CFR 49 Part 110, and CFR 28 Part 66; and WHEREAS, the Contractor has been determined to be an eligible entity as defined by the State in its administrative plan to contract with the State to undertake the services desired; and Page -L of ..JL Pages WHEREAS, the State annually or periodically distributes funds received to existing contractors, determined to be eligible by the State using state and/or federal eligibility criteria and which are in good standing, using State developed application process, and allocation procedure; and WHEREAS, State fiscal rules require a State agency to enter into a contractual agreement in order to pass funds to either a local governmental entity, a quasi-governmental entity such as an LEPC or COG, or a private vendor, and WHEREAS, the Contractor has been advised and agrees that the State periodically reviews and amends its contract forms and will submit a substitute contract form to Contractor within one year of the approval of this contract, and WHEREAS, the Contractor has been included as a potential funding recipient by the State for emergency management related funding, to enter into this agreement and to undertake the services desired by the State and federal government, and WHEREAS, the Contractor is capable and desires to perform the services. NOW THEREFORE it is agreed that: 1. Scope of Work - The Contractor agrees to carry out the scope of work described in each of its application packages for emergency management related activities, as approved by the State in its grant award letter, and to do so in conformance with this contract and applicable federal and state laws, rules, and regulations pertaining to each specific grant. Upon acceptance of an award by the Contractor, such award letters and grant applications will become a part of this contract until such time as the grant is closed out. 2. Time of Performance; Contract Substitution - This Contract shall become effective upon the date of proper execution of this Contract by the State Controller or designee and shall continue for a period of one year. Grant award letters and any amendments to the award letters for each specific grant will identify the performance period for that grant. The parties agree that the State will submit a substitute contract form to the Contractor during the one-year period following the approval of this Contract. For grants awarded prior to the one-year expiration of this Contract, the terms of this Contract shall continue to apply until completion of the grant award, or until termination of the award pursuant to the Contract and Grant Award terms. 3. Authority to Enter into Contract. The Contractor assures and warrants that it possesses the legal authority to enter into this Contract. The person signing and executing this Contract on behalf of the Contractor does hereby warrant and guarantee that he/she has full authorization to execute this Contract. 4. Compensation and Method of Payment Compensation - Grant award letters issued by the State under this Contract will authorize the Contractor to expend funds and initiate requests for reimbursement based on the amount of the grant award in accordance with program policies, The State may allocate more or less funds available on this contract using Grant Award Letters substantially equivalent to Exhibit 1 and bearing the approval of the State Controller or his designee. The Grant Award Letter shall not be deemed valid until it shall have been approved by the State Controller or his designee, Method of Payment - Based upon receipt of requests from the Contractor for reimbursement of funds expended under a grant award authorized under this contract, and provision by the Contractor of the reports, and summary of documentation required under the grant, the State will reimburse the Contractor for those eligible program costs incurred. Original documentation will be kept on file with the Contractor. Payment and interest is subject to State Fiscal Rule 2-5 and section 24-30-202(24) C.R.S, (1999). The 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 or Purchase Orders Page --1.. of ..JL Pages ,,< ( (PO). 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, If a program authorizes advance payments of grant funds, such advances will be made in accordance with the then current program policies and in compliance with standard grant cash management practices as defined in 44 CFR Ch.1 , Part 13.20, which require that expenses be incurred as close to the draw down date of the funds as is practicable. In the case of the Public Assistance program, the policies of that program shall have precedence over the standard cash management practices. 5, Reversion of Excess Funds to the State a) Any State or federal funds paid to the Contractor and not expended in connection with an award letter shall be remitted to the State upon completion of the award or a determination by the State that the scope of the grant will not be completed. Any State or federal funds not required for completion of the award 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 year 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 parties, 6, Financial ManaQement - At all times, from the effective date of this contract until closeout of each award issued hereunder and through the records retention period, the Contractor shall maintain properly segregated books of State funds, matching funds, and other funds associated with each award. Contractor shall be responsible for accounting for and reporting on any required match funding as indicated in the grant award letter. Records shall be maintained in accordance with applicable local and State procedures, and appropriate OMB circulars. 7. ReportinQ - The Contractor 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 government or the State Division of Emergency Management (CD EM). 8. Amendments- The State may request changes in the scope of services or any other provision in an award letter. Such changes in the scope of services or other provision shall be in writing via the issuance of an amended award letter, and shall be incorporated without written amendment to this contract. Any revisions to the scope of services or any other award provision initiated by the Contractor must be approved by the State and formalized through an amendment to the award letter. The Grant Award Letter amendment shall not be deemed valid until it shall have been approved by the State Controller or his designee. 9. Audit a) Discretionary Audit - The State, through the Executive Director of the Department, the State Auditor, or any of their duly authorized representatives and the federal government or any of its 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 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 Contract 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 Project in its annual audit report as required by OMB Circular A-133, and/ or the Colorado Local Government Page -.l... of ..JL Pages Audit Law, 29-1-601, et seq, C,RS., and State implementing rules and regulations. Such audit reports shall be simultaneously submitted to the Department and the State Auditor or federal agency as applicable. 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 of non-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. 10. 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 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 contract, except to the extent that he may receive compensation for his performance pursuant to this contract. c) A personal financial or economic interest includes, but is not limited to: i) any business entity in which the person has a direct or indirect monetary interest; ii) any real property in which the person has a direct or indirect monetary interest; iii) 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 contract; iv) 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 means any investment or interest owned by the spouse, parent, 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 his/her 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 an above-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 10, cannot be avoided without frustrating the purposes of this 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 contract for cause, as provided in Paragraph 12, Failure to file a disclosure statement required by this Paragraph 10 shall constitute grounds for termination of this contract for cause by the State. 11. Contract Suspension - If the Contractor fails to comply with any contractual provision, the State may, after notice to the Contractor suspend the contract 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 Paragraph 12, Contract Termination. The State may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension. Page --1.. of ..JL Pages 12. Contract Termination. This Contract may be terminated as follows: a) Termination Due to Loss of Fundinq - 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 compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate or amend this Contract. To the extent that the Contractor must expend funds other than those provided by the State under this Agreement or must provide in-kind services in performing the work agreed upon hereunder, the State agrees that said expenditures and in-kind services are subject to the availability and annual appropriation of funds by the Contractor for said purpose. b) Termination for Cause - If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination 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 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 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 the contract at any time the State desires. The State shall effect such termination by giving written notice of the 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 materials and documents as described above 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 materials and documents. 13. InteQration - This contract as written with attachments and references, is intended as the complete integration of all understanding 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 written award letter, award amendment or a contract amendment incorporating such changes, executed and approved pursuant to applicable law. 14. Severability - To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of the 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, The waiver of any breach of a term hereof shall not be construed as waiver of any other term nor as waiver of a subsequent breach of the same term. 15. Recapture Provisions - In the event that the Contractor fails to expend funds under this contract in accordance with state laws and/or the provisions of this 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 three years Page 2- of ..JL Pages 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 or alternative dispute resolution determination, as appropriate. 16. AssiQnment - Neither party, nor any subcontractor hereto, may assign its rights or duties under this contract without the prior written consent of the other party. 17. Survival of Certain Contract Terms - Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which may require continued performance or compliance beyond the termination date of the 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. 18. Nondiscrimination a) The Contractor shall comply with all applicable state and federal laws, rules, regulations and Executive Orders of the Governor of Colorado, involving non-discrimination on the basis of race, color, religion, national origin, age, handicap, or sex. Contractor may utilize the expertise 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 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. 19. 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 be pending. This retention is for the purpose of review and audit by the State, federal government or their authorized representative. 20. Compliance with Federal AQreementlContract Terms and Conditions. Federal and State Law and ProQram Rules and ReQulations - At all times during the performance of this 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 a part 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 contract. These include, but are not limited to, compliance with the following: · Americans with Disabilities Act including Title II, Subtitle A/24, U.S.C. Sec, 12101 et seq and implementing regulations, · OMB Circulars A21, A87, A110, A124, and A133 as applicable · 31 U.S.C. ' 1352 - Prohibition Against use of Federal Funds for Lobbying · Privacy Act of 1974,5 U.S.C. S 5529 and Regulations adopted thereunder · Certification required by 49 CFR Part 29, "Government Debarment and Suspension" · Drug Free Workplace · Title VI of the Civil Rights Act 42 U,S.C, Sec. 2000 d-1 et seq and its implementing regulation 44 CFR part of et seq · Others as may be included in the grant award letter for a specific grant. Page -2- of ..JL Pages 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 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. 21. Special Conditions and Award Acceptance - Beyond those conditions contained in this contract special conditions may be incorporated into a grant award letter in the Scope and/or Grant Considerations paragraph(s) of the individual award or in an attachment to the award letter, These conditions, upon Contractor's acceptance of the grant or any amendments become a part of this contract, and legally binding under it. Contractor failure to object in writing to special conditions or other award provisions or terms within ten (10) days of the date the grant award letter or amendment is received by the Contractor shall constitute acceptance of same for the purposes of this paragraph. 22. Extent of AQreement - This Agreement is intended solely to fund 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. 23. Attachments - The following items are considered to be attachments to and part of this contract. · Specific grant application packages from the jurisdiction · State Grant Award Letters and all attachments to each award or amended award letter for each specific grant funded. (Exhibit 1) · General terms and conditions for each specific grant. (Stated in each award letter, award amendment or their attachments) Page ~ of ..JL Pages (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 AVAILABILITY. CRS 24-30-202 (5,5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all daims, 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 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. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER 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 PA YWHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD 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 AGREEMENTS, 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 UNEMPLOYMENT 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. The 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 laws, 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 PROHIBITION 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 detennines 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 tennination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & 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. Effective Date: August 1, 2005 Page.JL of ..JL Pages THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL OWENS, GOVERNOR Eagle County Legal Name of Contracting Entity BYf~ C_~' "n ILVo"t ,Executive Director -- lJepartmem of Local Affairs PRE-APPROVED FORM CONTRACT REVIEWER: '4) A~J R '\< U '\~\ r \/full tl'lO ./j Print Name & Title Authorized Officer ~;~ C~\i}~ CORPORATIONS: (A corporate attestation is required.) Attest (Seal) By: (Corporate Secretary or 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: Leslie M. Shenefelt Date: o .q / fO 7/ OL / Page.JL of ..JL Pages STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS DIVISION OF EMERGENCY MANAGEMENT Sample CDEM Grant Award Letter _EM <<Jurisdiction_ID>> INITIAl AWARD_XX_ INCREASE_ DECREASE_ CHANGE_ Bill Owens Governor 1. Contract Logging Inquiry Number (CLlN): <<CLlN>> 2. Award and Encumbrance Number: - EM --- <<Jurisdiction_ID>> 3. AccountIng Une: [Prog. Name] CFDA #: _ _' _ __ COFRS: [Org]/[Appr]/[GBL]/[RCAT]/<<ObjCode>> = [Amount] 4. Vendor Number: <(FEIN>> Barbara Klrkmeyer Acting Executive Director 5. Master Contract Number: <<Umbrella_Contract>> 6. Award Made to Subarantee: <<Jurisdiction>> Remit Address if Different: Award for; <<Agency>> <<Address>> <<Address2>> <<City>>, <<State>> <<Zip>> Responsible Administrator: <<MrMs>> <<FirstName>> <<LastName>>, <<Title>> 7. This Award Amount: [Amount] Total Awarded To Date: <<Tot_to_Date>> Amount Reauested: <<AmtRequested>> Note: Grant Award amount may be increased or decreased by year~nd reallocation of funds. Total reimbursement shai/ not exceed_ % of total eligible expenses, (which may included In-klnd match - this phrase to be Inserted when applicable). tf In-klnd match phrase is Included the following sentence will also be included - (Cash reimbursements will not exceed actual documented cash expenditures). 8. Performance Period: ,20_, through ,20_. 9. Purpose:- 10. Scope: - (most grants will reference the grant application or annual program paper and include the applicable document as Attachment 1.) 11. Grant Considerations: A copy of the fiscal terms and conditions entered into by the State and the aforementioned jurisdiction is attached (Attachment A). All attachments hereto are incorporated by reference. (Specific reporting. documentation and other requirements will be listed here) All requests for reimbursement including documentation for all expenses are due to the CDEM no later than _ days after the end of the performance period. 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. 12. Reviewed Bv: Date: 13. Issued By: Colorado Division of Emergency Management 14. Approved: State Controller, Leslie M. Shenefelt Michael L. Beasley, Executive Director Date: By: Date: Rose Marie Auten, Controller, DoLA NOTE: Acceptance of the grant implies agreement with the terms and conditions as stated in the master contract and the attachments to this award letter. Page 1 of 1 Page 9195 East Mineral Ave, Suite 200, Centennial, Colorado 80112-3549 (720) 852-6600 FAX (720) 852-6750 TDD (303) 273-1794 STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS DIVISION OF EMERGENCY MANAGEMENT Sample Amendment _ to COEM Grant Award Letter _EM ((Jurisdiction_'O>> BlII Owens Governor INIT1AL AWARO_ INCREASE_XXX_ OECREASE_ CHANGE_IPara. 1)_ Barbara Klrkmeyer Acting executive Director 1. Contract Logging Inquiry Number (CUN): <<CUNlt 2. Award and Encumbrance Number: _EM --- tlJurlsdlction_'Dlt 3. Accounting Une: [Prog. Name] CFDA #: _ _' _ _ _ COFRS: [Org]/[Appr]/[GBL]/[RCAT]/tlObjCodelt = [Amount] 4. Vendor Number: GCFEIN>> 5. Master Contract Number: <<Umbrella_Contract>> 6. Award Made to Subarantee: <<Jurlsdlctionlt Remit Address If Different: Award for; tlAgencYlt <<Address. <<Address2>> <<City>>, <<Statelt <<Zlplt Responsible Administrator: <<MrMslt <<FlrstName>> <<LastName>>, <<Title>> 7. This Award Amount: [Amount Added] Total Awarded To Date: <<Tot_to_Datelt Amount Reauested: <<AmtRequested>> Note: Grant Award amount may be Increased or decreased by year..nd reallocation of funds. Total reimbursement shall not exceed_% of total eligible expenses, (which may Included In-klnd match - this phrase to be Inserted when applicable). tf In-klnd match phrase Is Included the following sentence will also be Included - (Cash reimbursements will not exceed actual documented cash expenditures). 8. Performance Period: ,20-, through . 20_. (Performance Period Extension) 9. Puroose:- 1 O. ~ - (most grants will reference the grant application or annual program paper and include the applicable document as Attachment 1.) 11. Grant Considerations: A copy of the fiscal terms and conditions entered into by the State and the aforementioned jurisdiction is attached (Attachment A). All attachments hereto are incorporated by reference. (Specific reoortina. documentation and other reauirements will be listed here) All requests for reimbursement including documentation for all expenses are due to the CDEM no later than _ days after the end of the performance period. 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. 12. Reviewed By: Date: 13. Issued By: Colorado Division of Emergency Management 14. Approved: State Controller, Leslie M. Shenefelt Date: MIchael L. Beasley, Executive Director By: Rose Marie Auten, Controller, DoLA Date: NOTE: Acceptance of the grant implies agreement with the terms and conditions as stated in the master contract and the attachments to this award letter. Page 1 of 1 Page 9195 East Mineral Ave, Suite 200, Centennial, Colorado 80112.3549 (720) 852-6600 FAX (720) 852-6750 TDD (303) 273-1794 ATTACHMENT A 1. Compensation and Method of Payment A. General: The State agrees to pay the Sub-Grantee, in consideration for the work and services to be performed, an amount not to exceed the amount awarded to date. Payment will be made to the Sub-Grantee upon receipt oflegitimate invoices or claims from the Sub-Grantee for vendor services or other eligible grant expenses. Such invoices will be summarized with the original supporting documents to be kept on file by the Sub-Grantee. In specific cases where a Sub-Grantee may have a cash-flow problem, verified by the State, the State may reimburse the Sub-Grantee based upon unpaid vendor invoices or Purchase Orders (PO). In these cases, which are exceptions to nonnal practice, the Sub-Grantee shall be responsible for payment to the vendor upon receiving funds from the State, and for providing proof of such payment to the State. B. Advance of Funds: Some federal grants such as those for Disaster Assistance and for the Chemical Stockpile Emergency Preparedness Program provide for an advance of funds. In such cases where the federal grant program allows for advances, it will the State's (CDEM) decision as to whether specific Sub-Grantee's situation "'arrants the use of an advance In cases where an advance of fhnd s is a1lthorized 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. Funds so advanced will be maintained in a non-interest bearing account by the Sub-Grantee until the time of expenditure. C. Year-end deobli gation-reallocation of funds: A potential exists that the total amount of the grant award may be increased or decreased as a result of a year-end deobligation or reallocation of funds made by the State. Such action may occur after the end of the performance period for the grant. Such an action would either deobligate funds not expended by this or another Sub-Grantee and/or reallocate funds to reimburse eligible program expenses incurred by this or another Sub-Grantee during the performance period, for which reimbursement has not been previously made. Such reallocation of funds shall not exceed the percentage of reimbursement, identified in the Grant Award Letter, of total eligible expenses incurred by the Sub-Grantee. Such actions will be made by Grant Award Letter Amendment, indicating the amount of the year-end deobligation or reallocation of funds made for the fiscal year, for each eligible jurisdiction. This Amendment will be signed by both the Executive Director of the Department of Local Affairs, and the Department of Local Affairs' designee authorized to sign for the State Controller, or their designees. The Grant Award Letter Amendment will be a valid contract amendment, effective retroactive to the contract performance period. 2. Current Award Period - This award shall be effective from the first date shown in the performance period on the Grant A ward Letter until ninety (90) days after the final date shown in such performance period. For grants of an annual recuning nature the performance period routinely runs from October 1 of one year through September 30 of the next year. The federal appropriation process and in cases of disaster declarations, 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 grant award letters being issued by the state for a performance period which Page 1 of 4 may have started several mon{ )reviously. The Sub-Grantee may hi ,ncurred eligible program expenses during this period and is, therefore, entitled to reimbursement for same under the terms and conditions of the grant program. 3. Amendments - All additional award letters issued under the Initial Award will be considered amendments only to the amounts or provisions in the fuitial Award. All additional amounts awarded subsequently under this Award will be subject to all of the terms and conditions attached to this Award unless specifically amended therein. The State may request changes in the scope of services or any other provision in the award letter. Such changes in the scope of services or other provision shall be in writing via the issuance of an amended award letter, and shall be incorporated herein as part of this award. Any revisions to the scope of services or any other award provision initiated by the Contractor must be approved by the State and formaliZed through an amendment to the award letter. The Grant Award Letter amendment shall not be deemed valid until it shall have been approved by the State Controller or his designee. 4. Financial Management - At all times from the effective date of this grant until completion of this project, the Sub-Grantee shall maintain properly segregated books of state funds, matching funds, and other funds associated with this project. Sub-Grantee shall be responsible for accounting for and reporting on the required non-federal match for this grant, if one is required, either in hard or in-kind match as provided for in applicable regulations. Records shall be maintained in accordance with applicable local and state procedures and in accordance with applicable 01fB Circulars (A-87 -110). 5. Reporting - 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 Division of Emergency Management (CDEM). All changes of policies or forms for the CDEM shall be transmitted to Sub-Grantee in writing. 6. Audit. a) Discretionary Audit. The State, through the Executive Director of the Department, the State Auditor, or any of their duly authorized representatives and the federal government or any of its 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 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 Contract 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 Project in its annual audit report as required by OMS 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. Such audit reports shall be simultaneously submitted to the Department and the State Auditor or federal agency as applicable. 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 of non-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.R.S. 7. INDEPENDENT CONTRACTOR. 4 CCR 801-2 - THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN E1\.1PLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE Page 2 of4 .... ." " CONTRACTOR SHALL BE ( SHALL BE DEEMED TO BE AN A(>:NT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND lNCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THISCONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HA VB NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HERElN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'COMPENSA DON (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION lNSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 8. Contract Termination. This Contract may be terminated as follows: a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otheIWise compensated with funds provided 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 compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate or amend this Contract. To the extent that the Contractor must expend funds other than those provided by the State under this Agreement or must provide in-kind services in performing the work agreed upon hereunder, the State agrees that said expenditures and in-kind services are subject to the availability and annual appropriation offunds by the Contractor for said purpose. b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any ofthe covenants, agreements, or stipulations of this Contract, the State shall thereupon have the right to tenninate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least twenty (20) days before the effective date of such tennination. 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 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 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 the contract at any time the State desires. The State shall effect such termination by giving written notice of the 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 materials and documents as described above 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 materials and documents. Page 3 of 4 , ' .,; 9. Severability - To the extent this activity may be executed and performance of the obligations of the parties may be accomplished within the intent of the terms and conditions, the terms of the agreement 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. The waiver of any breach of a term hereof shall not be construed as a waiver of any other tenn nor as waiver of a subsequent breach of the same term. 10. Assignment - Neither party, nor any subcontractor hereto, may assign its rights or duties pertaining tothis grant without the prior written consent of the other party. 11. Non-discrimination - The Sub-Grantee shall comply with all applicable state and federal laws, rules, regulations, and executive orders of the Governor of Colorado involving non-discrimination on the basis of race, color, religion, national origin, age, handicap, or sex. Contractor may utilize the expertise of the State Minority Business Office within the Office of the Governor, for assistance in complying with the non-discrimination and affirmative action requirements of this grant and applicable statutes. 12. Comvliance with Federal Agreement Terms and Conditions - Federal Law - Rules and Regulations The Sub-Grantee shall comply with all terms and conditions the State has entered into with the federal government as a part of the grant application process and as spelled out in the grant agreement between the State of Colorado and the Federal Granting A~genC'y, and all applicable federal lams, mles, and regulations related to this program. These include, but are not limited to, compliance with the following: · Americans with Disabilities Act including Title IT, Subtitle A/24, D.S.C. Sec. 12101 et seq and implementing regulations. · OMB Circular A87, All 0, A122, and A133 as applicable · 31 U.S.C. S1352 - Prohibition Against use of Federal Funds for Lobbying. · Privacy Act of 1974,5 U.S.C. S 5529 and Regulations adopted thereunder. · Certification required by 49CFR Part 29, "Government Debannent and Suspension." · Drug Free Workplace · Title VI of the Civil Rights Act 42 U.S.C. Sec. 2000 d-1 et seq and its implementing regulation 44 C.F.R. part of et seq. G :\GrplAdmin \contracts \curren tumbre lIadocsIA ttachrnentA Page 4 of4