HomeMy WebLinkAboutC10-086 Public Safety Interoperable Comm Grant AgreementSTATE OF COLORADO
GOVERNOR'S OFFICE OF HOMELAND SECURITY (GOHS)
AMENDMENT 2 TO
PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC)
PROGRAM
GRANT AGREEMENT
with
EAGLE COUNTY
Grant Contract #
Original Contract CLIN #
Amendment CMS #
97HS77F20
I 09ESA00016
I 10ESA8929
1. PARTIES
This Amendment to the above - referenced Original Contract (hereinafter called the Contract) is entered into by
and between EAGLE COUNTY (hereinafter called "Contractor "), and the STATE OF COLORADO
(hereinafter called the "State ") acting by and through the GOVERNOR'S OFFICE OF HOMELAND
SECURITY, (hereinafter called the "GOHS ").
2. EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State
Controller or designee (hereinafter called the "Effective Date "), but shall be effective and enforceable thereafter
in accordance with its provisions. The State shall not be liable to pay or reimburse Contractor for any
performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision
hereof prior to the Effective Date.
3. FACTUAL RECITALS
The Parties entered into the Contract for the purpose of distributing federal Homeland Security funds to enhance
preparedness under the Public Safety Interoperable Communications Program Grant.
4. CONSIDERATION
Consideration for this Amendment consists of the payments to be made hereunder and the obligations, promises,
and agreements herein set forth.
5. LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments
thereto, if any, remain in full force and effect except as specifically modified herein.
6. MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
a) Change(s) to Grant Award
• Total grant agreement is reduced by $570,000.00 from $1,269,775.00 to $699,775.00. Project C
has been cancelled. The details of this change is documented in the budget for Project C, as
contained in Exhibit E -1 to this amendment. No other changes are made.
• Exhibit C (attached to this Amendment) is added to the Grant Contract.
b) Reason(s) for Changes
• These changes are made to reflect Eagle County's decision not to move forward with Project C
and revert $570,000.00 back to the State. This decision is due to lack of available match
resources and the decision not to build a tower at that location.
• Exhibit C contains a provision related to use of the State's Contract Management System
(CMS). This provision was instituted after the original contract was issued.
Page 1 of 3
c) Authority for Amendment
• Governor's Office of Homeland Security approval was granted for this Amendment.
• The addition of the CMS provision in Exhibit C is a requirement of the Office of the State
Controller.
7. EFFECTIVE DATE OF AMENDMENT
The effective date hereof is upon approval of the State Controller or his designee, or 04/05/10, whichever is
later.
8. ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between
the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment
shall in all respects supersede, govern, and control. The most recent version of the Special Provisions
incorporated into the Contract or any amendment shall always control other provisions in the Contract or any
amendments.
Exhibit C to this amendment has the same priority as §20.H.ii. in the original Grant # 97HS77F20.
9. AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted, or otherwise made available.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
Page 2 of 3
10. SIGNATURES
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
* Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that
the State is relying on their representations to that effect.
GRANTEE
STATE OF COLORADO
Eagle County
Bill Ritter, Jr. GOVERNOR
By: Sara J. Fisher
Governor's Office of Homeland Security
Title: Chairman, Eagle Board of County Commissioners
Q /w,
Mason C. Whitney, Director
*Signature
By: Mason C. Whitney, Director
Signatory avers to the State Controller or delegate that
Grantee has not begun performance or that a Statutory
�� / //D
Violation waiver has been requested under Fiscal Rules
Date:
I
Date:
2nd Grantee Signature if Needed
LEGAL REVIEW
By: Authorized Individual
John W. Suthers, Attorney General
Title: Official Title of Authorized Individual
By:
Signature - Assistant Attorney General
*Signature
Date:
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24 -30 -202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated by the
State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior
thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and /or services
provided hereunder.
By:
STATE CONTROLLER
David J. McDermott, CPA
Page 3 of 3
AMENDMENT 2 TO GRANT # 97HS77F20
EXHIBIT-13-1 — REVISED BUDGET
iePublic Safety Interoperable Communications (PSIC)
Applicant Rea
0
Agency Name: Eagle Comit,v
PSIC BUDGET SUNBURY
Acquisition Dep1wt-went Training Plannin- , PSIC
Project Total Project
Exercise Coordinition Subtotals Cost
Project A
Project B
Project C
Project D
Total Grant Request: 96.9' ?c 9192SP0 599= 02c
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Page 1 of 5 Exhibit B -1
App4can: AYeuq \ame: Ea &IE C6uaty RC$i0n \or2L \�'eaf
Grant PeaY:am: PubBe Sale h, Inlerope�aBle C'.mmm�nicaYfons (PSSCj
Reµianal Pxle:in`Gnmbar: O
e.oioc /:samenese.;pdon To :er tipgrEdes- 5 Exisiirrs sitar @'ISU Povrt. OnnQ Mesa. a[lUtew'efer, aft. r ^n•bass, Black Rklee)
Srare PSlC lours /nan[Q.1): _`.D"IRS SSatexide ln$affivcnae DeuxbpmentlEVh54cemCai
S:aw 3natrp-06jeeria's: ?.S COUVmuve
Pefvae5'SaRax CapabSLLq: Coma:vnYeatioas
�adoval PrSeary I: ExpBMi RepiONH G011eboiaHOss
\anoval e:Serin z: SCCnptl:ev Iatmoperable aM Oy rzbh CatuSnrnJcallous CapabOiNes
PROJ£C'T
HL ➢GET Sa' \I�fAR]
Amevne
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Ac Qresrtlo�'
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Eapendirvre Dexexipnun
\SarcheS Prl
Amount
Qv =min
:nn ee.
PSIC
TOTAL
SoluttOn AS'fa: ACQC'ISITIO\
Sl'BSOTAL
S o1uHOY Ar'Ca: DEPLOYIl£ \'T
_
S
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_
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'X
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E
_
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_
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:wiw:p uem a.RCC n a ex 3:elama
SEBTOTAL'
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oluHOn Aree: TRALtiLtiG / EXEACIfiE
SDBFOFAL-
Solu[IOnAI'CU: Pl�1lNG aatl COORDIFATIO' -Y
Page 2 of 5 Exhibit B -1
Applicam AgengName: Eagle County
Greet Pragraw: Public Safety iniecoperabie Communications (PSIC)
Regioval Priadn Nambec B7
Project SameDescriptiaa: Ram loner West• Q$to Plant Site
Sh. PSIC [ncesiroenx (Id): ?. DTRS Stateside Inhustmetute Deceloj eneatrEnhancemeut
State SVategc Objective: 5.1 C`onununicatlon$
Primaq Tax {et CapabUity: Communications
National Priorihl: Expand Regional CoRabmation
Nafi.,W pd.dn l: Strengthen I Imi able and Operable Convnunicatiom Capabilities
Region:
NoLYh West
PROTECT
BUDGET SUIE\LARY
NL.:cb
Amovaf
To1a1 PSIC
Gxaae
Reaaesl
ACQUISITION
$
S
DEPLOIIfENT
S 70,090
TRAINING ESTRC'ISE
S
PLASNTNG A` COORDL\ATION
5
TOTAL
S 70,000
S
=
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Expemlixm'e Desmptwa
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>tarcb Type
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TOTAL
Solution Area: ACQUISITION
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SUBTOTALt
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SUBTOTAL:
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Solution Area: IRAINTNG /EXERCISE
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it
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SCBTOTAL:
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Solution Area: PLANNING and COORDINATION
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SUBTOTAL:
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Page 3 of 5 Exbibit B -1
.app &auv #evq'N..e: Eagle Count'
Gnvt&ograw: Public Safety Inleroperable Communica tions(PSIQ
Regoval Privtit Number: EE
Project Name Dexripdov: We,, ToNm East - Pmirjam-foumain at Eagle County /Summit Line
Smte PSIC Incealmeut dJl: 2. DTRS Statewide lafrastructim DecelopmentlEUhancemeut
Sfite Stnregs' Objecfi�'e: 5.1 Conunupicatjons
Ptiman'Tasget Capabilig: Communications
NativvaI Ptiadry 1: Expand Regional Collabmadon
Nzdoval Pdorih 2: Strengthen Interopelable and Opemble Cotnmmlicatiovs Capabilities
Region: \artL \t'e5t
i
PROJECT
BUDGET SUMNLUiI
AW6
amount
Te
G.w
Gnnt
Regvesr
ACQUISITION
s
s
DEPLOIAIENT
5
S -
TRAINING,EXERCISE
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PLANNING & COORDINATION
5
TOTAL
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Sl -
-
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Eapendltvre Dexriptian
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Mftb Type
Matrb
.amannt
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PSIC
TOTAL.
Solution Area: ACQUISITION
a:
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Soluffou Area: DEPLOYAEENT
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SUBTOTAL:
-
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Soluffon Alva: T'RAINL\G: EXERCISE
5
SUBTOTAL:
S
Solution AT PLANNI\G and COORDLNATION
5
s
SUBTOTAL,
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Page 4 of 5 Exhibit B -1
Applicant Agency Name: I Eagle County Region: North West
Gram Program: Public Safety- Interoperable Communications
Regional Priority Number: LEI
Project Name- Description: Quantals for fl, Statewide Digital Tnuilced Radio System
State PSIC Investment (IJ): J. DTRS Statewide hil asbucture DevelopmentEnliancement
State Strategy Objective: 5.1 Communications
Primary Target Capability: COmmUDICatI0n5
NA ... I Priority 1: Expand Regional Collaboration
\arional Priority ?: Stlengihen Interopembleand Operable Connnunicalioas CapabOes
PROJECT
BUDGET SUSI]Ld_RS
]latch
amount
Tob1 PSIC
Grant
Reguesf
ACQUISITION
S 26,000
S 1-04.000
DEPLOY3IENT
S _
S _
IRSINING/=RCIS£
S _
PL4NNING & COORDINATION
S _
TOT -A.L
S 26A00
S 104.000
g
Specific
Jurisdiction
s.
_c
e
_
Expenditure Description
Non- Eederal
\iatch Type
hatch
Ammmt
Qenndn
t'nic Cazt
PSIC
'I'O-T-,
Solution Area: ACQUISITION
L
Gard Comu+-.iatle Mot
Qnaw.
S c
S 41:00
?D
Geand Cbuntnnlue &idrz
a
r.6
S
S 20.600
3.0
Gourd Comm = .Grouse
Qmm.
1.0
S
S 20,600
�o slmvca R'iL <an Crzk
Oumsa
3.6
5 G
S 20.600
oraadca�,r.-
_icenserra tae
-
<
S sob
-
'o3lanm Comm'
ice2erao Quanoa=
S 200
Ofhev
_
5
SUBTOTAL:
S _':.ce",
5 104,000
Solution Area: DEPLOYMENT
S
S
SUBTOTAL: I
S.
Solution Alva: TRAINING t EXERCISE
s
S
SUBTOTAL:
s
Solution Area: PLANNING and COORDINAIION
S
S
SUBTOTdL
5
Page 5 of 5 Exhibit B -1
EXHIBIT C - STATEWIDE GRANT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date
or at any time thereafter, this § 19 applies.
Grantee agrees to be governed, and to abide, by the provisions of CRS §24 -102 -205, §24- 102 -206, §24 -103 -601,
§24- 103.5 -101 and §24 -105 -102 concerning the monitoring of vendor performance on state Grants and inclusion
of Grant performance information in a statewide Grant Management System.
Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
this Grant, State law, including CRS §24- 103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation
and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's
performance will be systematically recorded in the statewide Grant Management System. Areas of Evaluation
and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information
relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific
requirements of such obligations and shall include factors tailored to match the requirements of Grantee's
obligations. Such performance information shall be entered into the statewide Grant Management System at
intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the
end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall
address or correct any identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
meet the performance measures established hereunder, the Executive Director of the Colorado Department of
Personnel and Administration, (Executive Director), upon request by the Governor's Office of Homeland
Security, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants.
Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result
in either removal or correction of the evaluation (CRS §24 -105- 102(6)), or (b) under CRS §24- 105- 102(6),
exercising the debarment protest and appeal rights provided in CRS § §24- 109 -106, 107, 201 or 202, which may
result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon showing of
good cause.
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Page 1 of 1 Exhibit C
