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HomeMy WebLinkAboutC12-351 Annual Emergency Management Program Grant Agreementy EMPG/LEMS: 12EM -13 -20 Routing /CMS # Grant / Encumbrance # 12EM -13 -20 CFDA # 97.042 Federal Award# EMW- 2012 -EP -00067 STATE OF COLORADO Department of Public Safety, Division of Homeland Security and Emergency Management (DHSEM), Emergency Management Performance Grant (EMPG) Local Emergency Management Support (LEMS) Grant Agreement with EAGLE COUNTY TABLE OF CONTENTS 1. PARTIES 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 1 3. RECITALS 2 4. DEFINITIONS 2 5. TERM and EARLY TERMINATION 3 6. STATEMENT OF WORK 3 7. PAYMENTS TO GRANTEE 3 8. REPORTING - NOTIFICATION 4 9. GRANTEE RECORDS 5 10. CONFIDENTIAL INFORMATION -STATE RECORDS 5 11. CONFLICTS OF INTEREST 6 12. REPRESENTATIONS AND WARRANTIES 6 13. INSURANCE 6 14. BREACH 8 15. REMEDIES 8 16. NOTICES and REPRESENTATIVES 10 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE 10 18. GOVERNMENTAL IMMUNITY 10 19. STATEWIDE GRANT MANAGEMENT SYSTEM 10 20. GENERAL PROVISIONS 11 21. COLORADO SPECIAL PROVISIONS 13 22. SIGNATURE PAGE 15 23. EXHIBIT A — APPLICABLE FEDERAL LAWS AND STATE GRANT GUIDANCE 1 24. EXHIBIT B - STATEMENT OF WORK — BUDGET - REPORTING AND ADMINISTRATIVE REQUIREMENTS 1 25. EXHIBIT C — FFATA PROVISIONS 1 26. EXHIBIT D - APPROVED GRANT APPLICATION /ANNUAL WORKPLAN 1 1. PARTIES This Grant Agreement (hereinafter called "Grant ") is entered into by and between EAGLE COUNTY hereinafter called "Grantee "), and the STATE OF COLORADO acting by and through the Department of Public Safety, Division of Homeland Security and Emergency Management (hereinafter called the "State "). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date "). The State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date; provided, however, that all project costs, if specifically authorized by the funding authority, incurred on or after October 1, 2011, may be submitted for reimbursement as if incurred after the Effective Date. Page 1 of 15 2115 50852 l z EMPG/LEMS: 12EM -13 -20 3. RECITALS A. Authority, Appropriation, And Approval Authority to enter into this Grant exists in House Bill 12 -1283 creating the Division of Homeland Security and i,ergency Management; signed June 4, 2012; funds have been budgeted, appropriated and otherwise made available pursuant to said Executive Order; and a sufficient unencumbered balance thereof remains avail le for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The purpose of the EMPG program is to encourage the development of comprehensive, risk - based, all - hazar 1 emergency management programs at local, state and tribal government levels and to improve emer ency planning, preparedness, mitigation, response, and recovery capabilities. Details of this Grant are p vided in the Statement of Work, attached as Exhibit B. D. Refe ences All r erences in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other ttachments, are references to sections, subsections, exhibits or other attachments contained herein or inco orated as a part hereof, unless otherwise noted. 4. DEF ITIONS The foll wing terms as used herein shall be construed and interpreted as follows: A. Bud t Bud et" means the budget for the Work described in Exhibit B. B. Eval ation Eva ation" means the process of examining Grantee's Work and rating it based on criteria established in 6 an Exhibit B. C. Exhi its and other Attachments The llowing are attached hereto and incorporated by reference herein: Exhibit A (Applicable Federal Laws and State Grant Guidance), Exhibit B (Statement of Work — Budget and Reporting and Administrative Requirements), Exhibit C FFATA Provisions); Exhibit D Approved Grant Application/Workplan). D. Good Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. E. Grant Grant" means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference unde the terms of this Grant, and any future modifying agreements, exhibits, attachments or references inco orated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. F. Grant Funds Gr t Funds" means available funds payable by the State to Grantee pursuant to this Grant. G. Par or Parties P means the State or Grantee and "Parties" means both the State and Grantee. H. Prog am Program" means the Emergency Management Performance Grant (EMPG) Program that provides the funding for this Grant. I. Review Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6 and Exhibit B. J. Services Services" means the required services to be performed by Grantee pursuant to this Grant. Page 2of15 EMPG/LEMS: 12EM -13 -20 K. Subgrantee Subgrantee" means third - parties, if any, engaged by Grantee to aid in performance of its obligations. L. Work Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit B, including the performance of the Services and delivery of the Goods. M. Work Product Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM and EARLY TERMINATION A. Initial Term -Work Commencement Unless otherwise permitted in §2 above, the Parties respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on June 30, 2013, unless sooner terminated or further extended as specified elsewhere herein. B. Two Month Extension The State, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement Grant (and not merely seeking a term extension) at or near the end of any initial term or any extension thereof. The provisions of this Grant- in effect when such notice is given, including, but not limited to prices, rates, and delivery requirements, shall remain in effect during the two month extension. The two - month extension shall immediately terminate when and if a replacement Grant is approved and signed by the Colorado State Controller. 6. STATEMENT OF WORK A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit B on or before the termination date. The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or the date stated in §2 if different than the effective date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed by Grantee or Sub - grantees shall be considered Grantee's or Sub - grantees' employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisons of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $64,500, as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit B. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Grant or in Exhibit B shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant and the procedures in the Grant Management Guide ( "Guide ") issued by the Division of Homeland Security and Emergency Management. Grantee shall initiate any payment requests by submitting invoices to the State in the Page 3 of 15 4 a a iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiMEW EMPG/LEMS: 12EM -13 -20 borm and manner set forth and approved by the State. If permitted by federal grant, the State may pay certain eligible, pre -award expenses incurred within the applicable federal grant period. ii. I *terest The State shall fully pay each invoice within 45 days of receipt thereof if accurate and presented in the Manner set forth in the Guide, and if the amount invoiced represents performance by Grantee previously accepted by the State. Federal Funding for this grant disallows the payment of interest. iii. Available Funds - Contingency - Termination The State is prohibited by law from making fiscal commitments beyond the term of the State's current fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Grant in whole or in part, the State's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State's liability for such payments shall be limited 1 the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or therwise become unavailable to fund this Grant, the State may immediately terminate this Grant in hole or in part without further liability in accordance with the provisions herein. iv. rroneous Payments At the State's sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other rants, grants or agreements between the State and Grantee or by other appropriate methods and ollected as a debt due to the State. Such funds shall not be paid to any party other than the State. C. Use f Funds Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Grantee may request budget modifications by submitting a Grant Change Request Form to the State. The Division of Homeland Security and Emergency Management reserves the right to make and authorize modifications, adjustments, and/or revisions to the Grant Award for the purpose of making changes in budget categories, extensions of grant award dates, changes in goals and objectives, and other modifications which do not change the total amount of the Grant Award. The State's total consideration shall not exceed the maximum amount shown herein. D. Matching Funds If applicable, Grantee shall provide matching funds as provided m Exhibit B. Grantee shall have raised the full amount of matching funds prior to the Effective Date or the date stated in §2 if different than the effective date and shall report to the State regarding the status of such funds upon request. 8. REP RTING - NOTIFICATION Reports and Reviews required under this §8 shall be in accordance with the procedures of and in such fo as prescribed by the State and in accordance with § 19, if applicable. A. Per rmance, Progress, Personnel, and Funds Grantee shall comply with all reporting requirements set forth in Exhibit B. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agen y, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder, Gran e shall notify the State of such action and deliver copies of such pleadings to the State's principal repre entative as identified herein. If the State's principal representative is not then serving, such notice and copi shall be delivered to the Executive Director of the Department of Public Safety. C. Non mpliance Gran e's failure to provide reports and notify the State in a timely manner in accordance with this §8 may resul in the delay of payment of funds and/or termination as provided under this Grant. D. Sub ants Copi s of any and all Subgrants entered into by Grantee to perform its obligations hereunder shall be subm tted to the State or its principal representative upon request by the State. Any and all Subgrants Page 4 of 15 EMPG/LEMS: 12EM -13 -20 entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such SubGrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record Retention Period) until the last to occur of the following: (i) a period of three years after the date the underlying Grant to the State is completed or terminated or (ii) final payment is made hereunder, whichever is later, or (iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the "Record Retention Period "). B. Inspection Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period as set forth in §9(A), to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or inequity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on -site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee's performance hereunder. D. Final Audit Report If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 10. CONFIDENTIAL INFORMATION -STATE RECORDS Grantee shall comply with the provisions on this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records, and information concerning individuals. A. Confidentiality Grantee shall keep all State records and information confidential at all times and comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State's principal representative. B. Notification Grantee shall notify its agent, employees, Sub - grantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. Page 5 of 15 EMPG/LEMS: 12EM -13 -20 C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee shall ?rovide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure - Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. Grantee shall indemnify, save, nd hold harmless the State, its employees and agents, against any and all claims, damages, liability and c urt awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act o omission by Grantee, or its employees, agents, Sub - grantees, or assignees pursuant to this §10. 11. CO FLICTS OF INTEREST Grantee hall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. Absent a State's prior written approval, Grantee shall refrain from any practices, activities or relationships that rea onably appear to be in conflict with the full performance of Grantee's obligations to the State hereund . If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a confli of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's directio in regard to the apparent conflict constitutes a breach of this Grant. 12. RE SENTATIONS AND WARRANTIES Grantee akes the following specific representations and warranties, each of which was relied on by the State in enteri g into this Grant. A. Stan and and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority — Grantee and Grantees Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by -laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter into tkis Grant within 15 days of receiving such request. C. Licen ses, Permits, Etc. Grange represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non - renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a mate breach by Grantee and constitute grounds for termination of this Grant. 13. INS RANCE Grantee and its Sub - grantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by insuranc companies satisfactory to Grantee and the State. Page 6 of 15 i d EMP G/LEMS : 12EM -13 -20 A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS 24 -10 -101, et seq., as amended (the "GIA "), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self - insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each Grant with Sub - grantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Sub- grantee's liabilities under the GIA. ii. Non -Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to sub - Grantees that are not "public entities ". B. Subgrantees Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: i. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Grantee and Sub - grantee employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Grantees, products and completed operations, blanket Grantual liability, personal injury, and advertising liability with minimum limits as follows: (a)$1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Sub - grantee shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with this provision. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of Grantee and Sub - grantees shall be primary over any insurance or self - insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non - renewal without at least 45 days prior notice to the Grantee and the State by certified mail. vii. Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Sub - grantees as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Grantee and all Sub - grantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Sub - grantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Grant or any sub -grant, Grantee and each Sub - grantee shall, within 10 days of Page 7 of 15 a EMPG/LEMS: 12EM -13 -20 such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this 13. 14. BREACH A. Defmed In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its pr perry, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall 1so constitute a breach. B. Notic and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with ue diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may i mediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to revent immediate public crisis. 15. RE DIES If Grant a is in breach under any provision of this Grant, the State shall have all of the remedies listed in this 15 in dition to all other remedies set forth in other sections of this Grant following the notice and cure period s t forth in § 14(B). The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non - performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non - performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights o the extent specified in any termination notice, Grantee shall not incur further obligations or render rther performance hereunder past the effective date of such notice, and shall terminate outstanding orders and sub - Grants with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or sub - Grants. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve operty in the possession of Grantee in which the State has an interest. All materials owned by the tate in the possession of Grantee shall be immediately returned to the State. All Work Product, at the tion of the State, shall be delivered by Grantee to the State and shall become the State's property. ii Payments he State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or i action was excusable, such termination shall be treated as a termination in the public interest and the ghts and obligations of the Parties shall be the same as if this Grant had been terminated in the public i terest, as described herein. ii Damages and Withholding otwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until Page 8 of 15 EMPG/LEMS: 12EM -13 -20 such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). Payments If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out -of- pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price /cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. H. Withhold Payment Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of Grantee's employees, agents, or Sub - grantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest. v. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non - infringing products or modify them so that they become non - infringing; or, Page 9 of 15 EMPG/LEMS: 12EM -13 -20 e) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Each in ividual identified below is the principal representative of the designating Party. All notices required to be gi en hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Pasty's principal representative at the address set forth below. In addition to, but not in lieu of a hard - copy no ice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may fro time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. nless otherwise provided herein, all notices shall be effective upon receipt. A. Stat Mr. Kevin R. Klein, Director Department of Public Safety, Division of Homeland Security and Emergency Management 690 Kipling Street, Suite 2100 Denver, CO 80215 Kevin.Klein@cdps . state. co.us B. Grantee: Mr. Barry Smith, Emergency Management Director Eagle County Emergency Management P.O. Box 850 Eagle, CO 81631 barry.smith@eaglecounty.us 17. RI TS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any so ware, research, reports, studies, data, photographs, negatives or other documents, drawings, models, material , or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligati ns under this Grant shall be provided to the State by Grantee upon request. The State's rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works, and to authorize other to do so. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Gov ental Immunity Act, CRS §24 -10 -101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencie boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24 -30 -1501, et seq., as amended. 19. STATEWIDE GRANT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24 -102 -205, §24- 102 -206, §24 -103- 601, §24- 103.5 -101 and §24- 105 -102 concerning the monitoring of vendor performance on state Grants and inclusio of Grant performance information in a statewide Grant management system. Grantee performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this rant, 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 Page 10 of 15 EMPG/LEMS: 12EM -13 -20 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Division of Homeland Security and Emergency Management and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24 -105- 102(6)), or (b) under CRS §24- 105 - 102(6), exercising the debarment protest and appeal rights provided in CRS § §24 -109- 106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon showing of good cause. 20. GENERAL PROVISIONS A. Assignment and Subgrants Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, subgranting without such consent shall be void. All assignments, sub ants or Sub grantees approved by Grantee or the State aresubgrants,PP Y subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B. Binding Effect Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or affect whatsoever, unless embodied herein. F. Indemnification- Genera if/ttr ify (4w Grantee shall • emnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Sub - grantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Modification i. By the Parties Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless agreed to in writing by both parties in a grant change request form or an amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF GRANTS - TOOLS AND FORMS. Page 11 of 15 EMPG/LEMS: 12EM -13 -20 ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth 1 erein. I. Order of Precedence The provisions of this Grant shall govern the relationship of the State and Grantee. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limtied to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions, ii. T e provisions of the main body of this Grant, iii. xhibit A, iv. xhibit B v. xhibit D J. Seve ability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. L. Taxe The tate is exempt from all federal excise taxes under IRC Chapter 32 (No. 84- 730123K) and from all State nd local government sales and use taxes under CRS § §39 -26 -101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain politi a1 subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the prod t or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. M. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. N. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. O. CORA Disclosure To th ; extent not prohibited by federal law, this Grant and the performance measures and standards under CRS §24- 103.5 -101, if any, are subject to public release through the Colorado Open Records Act, CRS 24 -72 -101, et seq. Page 12 of 15 EMPG/LEMS: 12EM -13 -20 21. COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Grants except where noted in italics. A. CONTROLLER'S APPROVAL. CRS §24 -30 -202 (1). This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. FUND AVAILABILITY. CRS §24 -30- 202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. § §1346(b) and 2671 et seq., as applicable now or hereafter amended. D. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any Grant, liability or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. Page 13of15 EMPG/LEMS: 12EM -13 -20 I. EMPLOYEE FINANCIAL INTEREST. CRS § §24 -18 -201 and 24 -50 -507. The F. ignatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acqui - e any interest, direct or indirect, that would conflict in any manner or degree with the performance of Granite's services and Grantee shall not employ any person having such known interests. J. VENDOR OFFSET. CRS § §24 -30 -202 (1) and 24 -30- 202.4. Not iApplicable to intergovernmental agreements] Subject to CRS §24 -30 -202.4 (3.5), the State Contiloller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. PUBLIC GRANTS FOR SERVICES. CRS §8- 17.5 -101. Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental Agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or Grant with an illegal alien who shall perform work under this Grant and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perfo work under this Grant, through participation in the E -Verify Program or the State program estab 'shed pursuant to CRS §8- 17.5- 102(5)(c), Grantee shall not knowingly employ or Grant with an illeg alien to perform work under this Grant or enter into a Grant with a Sub - grantee that fails to certify to Gran a that the Sub -grantee shall not knowingly employ or Grant with an illegal alien to perform work unde this Grant. Grantee (a) shall not use E -Verify Program or State program procedures to undertake pre - empl yment screening of job applicants while this Grant is being performed, (b) shall notify the Sub - grant a and the Granting State agency within three days if Grantee has actual knowledge that a Sub -grantee is em Toying or Granting with an illegal alien for work under this Grant, (c) shall terminate the subGrant if a Su grantee does not stop employing or Granting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5- 102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the Granting State agency, Institution of Higher Educ tion or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State progr If Grantee fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the Gran ng State agency, institution of higher education or political subdivision may terminate this Grant for breac and, if so terminated, Grantee shall be liable for damages. L. PUB IC GRANTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification required by CRS §24- 76.5 -103 prior to the effective date of this Grant. SPs Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 14 of 15 EMPG/LEMS: 12EM -13 -20 23. EXHIBIT A — APPLICABLE FEDERAL LAWS AND STATE GRANT GUIDANCE The follo are incorporated into this contract without limitation. 1. All Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681- 16S3, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 42 U.S.C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Fefieral assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 2. Any applicable provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324 -7328) which limit the po itical activities of employees whose principal employment activities are funded in whole or in partwithFederalfunds. 3. Any applicable provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U. .C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Stafidards Act (40 U.S.C. 27 -333), regarding labor standards for federally- assisted construction subagreements. 4. y environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species Act of 1973, as amended (P.L. 93 -205). 5. The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Will assist the awarding agency in as wring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended 1 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the A haeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq.). 6. T Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local G vernments, and Non - Profit Organizations." 7. A y applicable requirements of all other Federal laws, executive orders, regulations, and policies go erring this program. 8. Federal EMPG Grant Guidance. Page 1 of 1— Exhibit A EMPG/LEMS: 12EM -13 -20 24. EXHIBIT B - STATEMENT OF WORK — BUDGET - REPORTING AND ADMINISTRATIVE REQUIREMENTS 1. GENERAL DESCRIPTION OF THE PROJECT(S). 1.1 Project Description. Grantee will carry-out the annual work plans in the Annual EMPG/LEMS Program Paper and Staffing Plan (Exhibit D) for each of the Emergency Management Functions EMF). 1.2 Project expenses. Project expenses include the costs for salaries and benefits for Grantee's emergency manager and emergency management staff, travel, emergency management office operational costs, and the costs associated with, emergency management exercises, training and planning. No more than 5% of this Grant may be used for Management and Administration (M &A) costs. Note: salaries of local emergency managers are not typically categorized as M &A, unless the local Emergency Management Agency (EMA) chooses to assign personnel to specific M &A activities. Additional specific eligible and ineligible cost information is listed in the 2012 EMPG program guidance now known as Funding Opportunity Announcement" at http: / /www.fema.gov /fy- 2012 - emergency- management- performance- grants - program - click on the pdf or text version at the bottom of the page, first under "Additional Information ". 2. DELIVERABLES: 2.1 Grantee shall submit narrative and financial reports describing project progress and accomplishments, any delays in meeting the objectives and expenditures to date as described in §3 of this Exhibit B. 2.2 List additional grant deliverables: Grantee will complete the annual work -plan described by the Grantee in Exhibit D. Grantee must participate in NIMSCAST by entering or updating the Grantee's data as part of meeting the NIMS compliance requirements. 3. REPORTING REQUIREMENTS: 3.1. Quarterly Financial Status and Progress Reports. The project(s) approved in this Grant are to be completed on or before the termination date stated in §5 of the Grant Agreement. Grantee shall submit quarterly financial status and programmatic progress reports for each project identified in this agreement using the forms provided by the Division of Homeland Security and Emergency Management. One copy with original or electronic signature shall be submitted in accordance with the schedule below: Re • ort Period Due Date October December January 30 anua March April 30 April .... June 24 ... July - September October 30 3.2. Final Reports: Grantee shall submit final financial status and progress reports that provide final financial reconciliation and final cumulative grant /project accomplishments within 45 days of the end of the project/grant period. The final report may not include unliquidated obligations and must indicate the exact balance of unobligated funds. The final reports may substitute for the quarterly reports for the final quarter of the grant period. If all projects are completed before the end of the grant period, the final report may be submitted at any time before its final due date. Further reports are not due after the Division of Homeland Security and Emergency Management has received, and sent notice of acceptance of the final grant report. 3.3. Non - Federal Match: This non - federal match section [check one] ® applies to or does not apply to this Grant. If it applies, this Grant requires a non - federal match contribution of part of the total Grant budget as shown in the budget table. Documentation of expenditures for the non - federal match contribution is required with each drawdown request. The match [check one] ® may or may not include in -kind match. Page 1 of 4 - Exhibit B EMPG/LEMS: 12EM -13 -20 4. TETING AND ACCEPTANCE CRITERIA: The Division of Homeland Security and Emergency Management shall evaluate this Project(s) through the review of Grantee submitted financial and progress reports. The Division of Homeland Security and Em: gency Management may also conduct on -site monitoring to determine whether the Grantee is mee ing/has met the performance goals, administrative standards, financial management and other req rements of this grant. The Division of Homeland Security and Emergency Management will notify Gr. tee in advance of such on -site monitoring. 5. PA MENT: 5.1. Payment Schedule: Grantee shall submit requests for reimbursement using the Division of Homeland Security and Emergency Management's provided form at least quarterly. One original or electronically signed copy of the reimbursement requests is due on the same dates as the required financial reports. All requests shall be for eligible actual expenses incurred by Grantee, as described in detail in the budget table(s) of this Exhibit. Requests shall be accompanied by supporting documentation totaling at least the amount requested for reimbursement and any required non - federal match contribution. If any financial or progress reports are delinquent at the time of a payment request, the Division of Homeland Security and Emergency Management may withhold such reimbursement until the required reports have been submitted. Up to one quarter of the total grant will be reimbursed with each quarterly payment. No more than 50% of the reported expenses will be reimbursed at any time. If one quarter's reported expenses do not warrant reimbursement of a full quarter's payment, any remaining funds from that quarter will be available for subsequent quarters so that additional expenses incurred in the later quarters may be reimbursed. Likewise, if excess expenses for one quarter are reported, those unreimbursed expenses will be added to the following quarters' expenses as necessary to maximize each quarter's reimbursement. If the total reimbursable expenses reported for the year's grant exceed the amount of the award, the excess expenses may be eligible for consideration for any reallocation additions made at the end of the federal grant period. If any grant end reallocation funding is available, eligibility for these funds will require timely report submittal, and strong performance demonstrated through the quarterly progress reports and through ongoing contact/monitoring. 5.2. Payment Amount: When non - federal match is required, such match must be documented with every payment request. Periodic payments will be made as requested at the same percentage of the documentation submitted as the Grant funded share of the budget up to any applicable quarterly or other pre - closeout maximums. Payment will not exceed the amount of cash expenditures documented. Excess match documented and submitted with one reimbursement request will be applied to subsequent requests as necessary to maximize the allowable reimbursement. 5.3. ' • mittance Address. If mailed, payments shall be sent to the representative identified in §16 of the Grant: Mr. Barry Smith, Emergency Management Director Eagle County Emergency Management P.O. Box 850 Eagle, CO 81631 barry.smith( eaglecountv.us 6. ADMINISTRATIVE REQUIREMENTS: Required Documentation: Grantees shall retain all procurement and payment documentation on site for inspection. This shall include, but not be limited to, purchase orders, receiving documents, invoices, vouchers, equipment/services identification, and time and effort reports. 6.1. Sufficient detail shall be provided with reimbursement requests to demonstrate that expenses are allowable and appropriate as detailed below: 6.1.1. Equipment or tangible goods. When requesting reimbursement for equipment items with a purchase price of or exceeding $5,000, and a useful life of more than one year, the Grantee shall provide a unique identifying number for the equipment, with a copy of the Grantee's invoice and proof of payment. The unique identifying number can be the manufacturer's serial number or, if the Grantee has its own existing inventory numbering system, that number Page 2 of 4 - Exhibit B EMPG/LEMS: 12EM -13 -20 may be used. The location of the equipment shall also be provided. In addition to ongoing tracking requirements, Grantee shall ensure that equipment items with per unit cost of $5,000 or more are prominently marked in a manner similar to the following: Purchased with funds provided by the FEMA. 6.1.2. Services. Grantees shall include contract/purchase order number(s) or employee names, the date(s) the services were provided and the nature of the services. 6.2. Procurement: Grantee shall ensure its procurement policies meet or exceed local, state, and federal requirements. Grantees should refer to local, state, and federal guidance prior to making decisions regarding competitive bids, sole source or other procurement issues. In addition: 6.2.1. Any sole source transaction in excess of $100,000 shall be approved in advance by the Division of Homeland Security and Emergency Management. 6.2.2. Grantees shall ensure that: (a) All procurement transactions, whether negotiated or competitively bid, and without regard to dollar value, are conducted in a manner that provides maximum open and free competition; (b) Grantee shall be alert to organizational conflicts of interest and/or non- competitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade; (c) Contractors who develop or draft specifications, requirements, statements of work, and/or Requests for Proposals (RFPs) for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement; and (d) Any request for exemption of item a -c within this subsection shall be submitted in writing to, and be approved by the authorized Grantee official. 6.2.3. Grantee shall verify that the Contractor is not debarred from participation in state and federal programs. Sub - grantees should review contractor debarment information on http://www.epls.gov. 6.2.4. When issuing requests for proposals, bid solicitations, and other published documents describing projects or programs funded in whole or in part with these grant funds, Grantee and Subgrantees shall use the phrase - "This project was supported by grant #12EM- 13 -20, issued by the Division of Homeland Security and Emergency Management." 6.2.5. Grantee shall verify that all purchases are listed in §1 or §7 of this Exhibit. Equipment purchases, if any, shall be for items listed in the Approved Equipment List (A.E.L) for the grant period on the Responder Knowledge Base (RKB), at http: / /www.rkb.mipt.org. Additionally, funds used to support emergency communications activities should comply with the FY 2012 SAFECOM Guidance for Emergency Communication Grants, at http://www.safecomprogram.gov 6.2.6. Grantee shall ensure that no rights or duties exercised under this grant, or equipment purchased with Grant Funds having a purchase value of $5,000 or more, are assigned without the prior written consent of the Division of Homeland Security and Emergency Management. 6.2.7. Grantee shall ensure that all funds are supplemental to Grantee's Budget and do not supplant the Grantee's own funds. 6.3. Additional Administrative Requirements: NONE See Budget on Next Page - Page 3 of 4 - Exhibit B EMPG/LEMS: 12EM -13 -20 7. STATEMENT OF WORK — BUDGET Category Requested Total Project Personnel 115,810 Travel 10,779 Office Support/Other 2,387 Total Estimated Budget Total Rounded to Nearest $100)129,000 Total Requested Federal Share - 50% of Total Budget 64,500 Actual 2012 Award Amount 2012 Federal Share (up to 50% of Total Estimated Budget)64,500 Required Non - Federal Match (at least 50% of Total Estimated Budget)64,500 Total Project 129,000 Remaining 2011 Award Funds* 2011 Federal Share Remaining (or that remained) Available for Reimbursement During the FFY 12 Grant Period - as of expenses reported through September 30, 2011. *1,120 Total Federal Funds Available During FFY 2012 Grant Period 65,620 For information purposes only. Not part of this 2012 award. Any remaining balance is from the 2011 award and remains part of that grant and is reimbursable during the 2012 award period because of the overlapping performance terms. If all four quarters' reimbursements for the 2011 award have been submitted and paid, the 2012 Federal Share Remaining shown above is available for reimbursement during the first three quarters of the 2012 Federal Fiscal Year (FFY). Remaining 2011 funds will be, or already have been, paid for the 2012 first, second and third quarter reimbursement requests as necessary to utilize the full 2011 award. Payments from remaining prior year funds are identified as fifth, sixth and seventh quarter 2011 payments as appropriate on the reimbursements, and the required 50% non - federal match will be counted toward the 2011 grant to properly match the reimbursed amounts. If any 2011 first- fourth quarter reimbursements have not yet been submitted or paid, the 2012 amount remaining available will be reduced by any payments made when submitted and approved. If the 2011 Federal Share Remaining Available amount shown is $0, the full 2011 award amount has been reimbursed, and has no effect on the funds available during FFY 2012. Page 4 of 4 - Exhibit B E EMPG/LEMS: 12EM - 13 - 20 25. EXHIBIT C — FFATA PROVISIONS State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended As of 10 -15 -10 The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. "Award" means an award of Federal financial assistance that a non - Federal Entity receives or administers in the form of: 1.1.1. Grants; 1.1.2. Contracts; 1.1.3. Cooperative agreements, which do not include cooperative research and development agreements CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 1.1.4. Loans; 1.1.5. Loan Guarantees; 1.1.6. Subsidies; 1.1.7. Insurance; 1.1.8. Food commodities; 1.1.9. Direct appropriations; 1.1.10. Assessed and voluntary contributions; and 1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non - Federal Entities. Award does not include: 1.1.12. Technical assistance, which provides services in lieu of money; 1.1.13. A transfer of title to Federally -owned property provided in lieu of money; even if the award is called a grant; 1.1.14. Any award classified for security purposes; or 1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111 -5). 1.2. "Central Contractor Registration (CCR)" means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http: / /www.bpn.gov /ccr. 1.3. "Contract" means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above. 1.4. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.5. "Data Universal Numbering System (DUNS) Number" means the nine -digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website may be found at: http: / /fedgov.dnb.com/webform. 1.6. "Entity" means all of the following as defined at 2 CFR part 25, subpart C; 1.6.1. A governmental organization, which is a State, local government, or Indian Tribe; 1.6.2. A foreign public entity; Page 1 of 4 - Exhibit C EMPG/LEMS: 12EM -13 -20 1.6.3. A domestic or foreign non - profit organization; 1.6.4. A domestic or foreign for - profit organization; and 1.6.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non - Federal entity. 1.7. "Executive" means an officer, managing partner or any other employee in a management position. 1.8. "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.9. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), as amended by §6202 of Public Law 110 -252. FFATA, as amended, also is referred to as the Transparency Act." 1.10. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award. 1.11. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's support in the performance of all or any portion of the substantive project or program for which the Award was granted. 1.12. `' Subrecipient" means a non - Federal Entity (or a Federal agency under an Award or Subaward to a non - Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term "Subrecipient" includes and may be referred to as Subgrantee. 1.13. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9 -digit Data Unive sal Numbering System (DUNS) number that appears in the subrecipient's Central Contractor Regis ation (CCR) profile, if applicable. 1.14. Supplemental Provisions" means these Supplemental Provisions for Federally Funded Contracts, Grant and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As ended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following: 1.15.1 Salary and bonus;1.15.21 Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.15.3 Earnings for services under non -equity incentive plans, not including group life, health, hospit lization or medical reimbursement plans that do not discriminate in favor of Executives and are availa le generally to all salaried employees; 1.15.4 Change in present value of defined benefit and actuarial pension plans; 1.15.5 Above - market earnings on deferred compensation which is not tax- qualified; 1.15.6 Other compensation, if the aggregate value of all such other compensation (e.g. severance, termi tion payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Ex cutive exceeds $10,000. 1.16. ' ransparency Act" means the Federal Funding Accountability and Transparency Act of 2006 Publi Law 109 -282), as amended by §6202 of Public Law 110 -252. The Transparency Act also is referred to as FFATA. 1.17 " endor" means a dealer, distributor, merchant or other seller providing property or services requir d for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado Page 2 of 4 - Exhibit C EMPG/LEMS: 12EM - 13 - 20 may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. Central Contractor Registration (CCR) and Data Universal Numbering System (DUNS) Requirements. 3.1. CCR. Contractor shall maintain the currency of its information in the CCR until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update the CCR information at least annually after the initial registration, and more requently if required by changes in its information. 3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor's information. 4. Total Compensation. Contractor shall include Total Compensation in CCR for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and 4.2. In the preceding fiscal year, Contractor received: 4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 5. Reporting. Contractor shall report data elements to CCR and to the Prime Recipient as required in 7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at http: / /www.colorado.gov /dpa/dfp /sco/FFATA.htm. 6. Effective Date and Dollar Threshold for Reporting. The effective date of these supplemental provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de- obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below. 7.1 To CCR. A Subrecipient shall register in CCR and report the following data elements in CCR for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number; 7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account; 7.1.3 Subrecipient Parent DUNS Number; 7.1.4 Subrecipient's address, including: Street Address, City, State, Country, Zip + 4, and Congressional District; 7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and 7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract, the following data elements: Page 3 of 4 - Exhibit C EMPG/LEMS: 12EM -13 -20 7.2.1 Subrecipient's DUNS Number as registered in CCR. 7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 8. Exemptions. 8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non - profit organization he or she may own or operate in his or her name. 8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 8.3 Effective October 1, 2010, "Award" currently means a grant, cooperative agreement, or other arrangement as defined in Section 1.1 of these Special Provisions. On future dates "Award" may include other items to be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other types of Awards subject to the Transparency Act. 8.4 There are no Transparency Act reporting requirements for Vendors. 9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law or in equity. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 4 of 4 - Exhibit C r EMPG /LEMS: 12EM -13 -20 26. EXHIBIT D - APPROVED GRANT APPLICATION /ANNUAL WORKPLAN Attach Approved Grant Application/Workplan Pages behind this cover page Zi Page 1 of 1 - Exhibit D p °Colorado Division of Emergency Management (CDEM) A Emergency Management Program Grant (EMPG) Local Emergency Manager Support (LEMS) Program Funding ApplicationNCYMArt ' Staffing Pattern for FFY2012 Note: This for MUST be resubmitted whenever the jurisdiction has personnel changes. JURISDICTION: Eagle County 1a)2)3)4) Date of Appoint-Employee Status- Type Classification Specification /Full ment or of Appointment Employee /dame Position Title Date Hired SEE INSTRUCTIONS Barry Smith Emergency Management Director 4/22/2002 Permanent - Exempt 1b)5)6)7)8)9)10)11) Jurisdiction Gross Anneal Percent Gross Annual Employer-Total LEM LEM LEMS LEMS salary (All job Provided Hours/ Hours/ Hours/Eligiblo Eligible PAID Employe( Name titles)Benefits Week Week Week Salary EL netiits Barry Smith 87,400 28,410 40 40 100%87,4+ ®re 0%0 0%0 IN 4 0 0 0 0%0 0 0%0 0 0°70 0 0 0%0 0 0'%0 0 0%0.. .0 Totals 87,400.00 28,410.00 87,400 28,410 Enter in 'Enter in Slot A Slot B On Funding On Funding Request Request Colorado Division of Emergency ManagementT Annual Program Paper • PART 1- Planned Activities MASIP EMPG /LEMS Work plan Annual Program Paper & Quarterly Progress Reports 0 Please check the appropriate box to indicate if the submission is the Annual Program Paper or a Quarterly Progress Report. 0 For the Annual Program Paper — Planned Activities identify to the extent possible the measurable outcome for each Planned Activity and the quarter the activity will be completed. It is recognized that schedules and priorities change and that activities may actually be accomplished in a different quarter than the one projected. 0 Quarterly Reports (see FY2012 Reporting Schedule) can be submitted in any format that you choose (letter, narrative, spreadsheet, customized form), so long as the information in the report identifies the status of each activity planned for that quarter: completed /accomplished, in- process, postponed /canceled, or not completed or accomplished. Please indicate a reason when activities are postponed, canceled or not completed. 0 The fourth quarter submission should reflect the status of all Planned Activities. If a Planned Activity has not been completed, please provide the reason that the activity was not accomplished. 0 Contact your CDEM Regional Field Manager for assistance in completing these forms. 1I 2012 PROGRAM PAPER — PLANNED ACTIVITIES 1 quarter 2 quarter 3 quarter 4 quarter JURISDICTION NAME: Eagle County SUBMITTED BY: Barry Smith TITLE: Emergency Management Director SIGNATURES Must be signed (in ink) or (Adobe Acrobat digital signature) by the emergency manager and forwarded to the assigned CDEM Regional Field Manager for approval. Emergency Manager of Jurisdiction: ba),9rt," b Date: CDEM Regional Field Manager: Date: Page 1 of 18 2012 EMPG Annual Program Paper 1:,S v a i it e ` ,off 5 s m std '' t "i 9 " ' . r a A r r , ` r tN , ftItOr a f 0:1 Qper ; ' # 4 a r a `5' s Y € a r # y @# Rp , 48. 3 3 4 f Y,4 o ,,x j 3 r 9 8 . 9 {p r # is } r.I s r 1 'r e r 0< i € C A d k ` `. Quarter Reporting Period Report Due Date Claim Due Date 1 10/01/11 — 12/31/11 01/15/12 01/31/12 2 01101/12 — 03/31/12 04/15/12 4/30/12 3 04/01 /12 — 06/30/12 07/15/12 7/31/12 4 07/01/12 — 09130/12 10/15/12 10/31/12 g k . . 14{1 °1 i ld iVl ana r' eport ng Sc e + tl Quarter Reporting Period Report Due Date 1 10 /01 /11 — 12/31/11 01/22/12 2 01/01/12 — 03/31/12 04/22/12 3 04/01/12 — 06/30/12 07/22/12 4 07/01/12 — 09/30/12 10/22/12 Page 2 of 18 2012 EMPG Annual Program Paper Est. Planned Activity 1 Quarter Completion EMF(s) Date FEMA Mandatory Activity: Sub grantees will report progress toward making their EOPs compliant with CPG 101, Version 2.0 — this is done by using the Plan Analysis Tool — May 2011, available at http: / /www.fema.gov /prepared /p/an.shtm. Required Reporting: Sub grantees are required to submit the above referenced evaluation annually and Annually /1 'include quarterly updates on percentage completion of CPG 101 v.2 compliance within Quarterly 6 the EMPG Program Work Plan. Sub grantees are required to analyze 2 plans per year in any identified quarter. Sub grantees are required to submit their existing EOPs to their respective Regional Field Managers in order to be eligible for FY 2012 EMPG Program funds. FEMA Mandatory Activity: All EMPG Program grantees (State of Colorado) will develop and maintain a progressive exercise program consistent with the National Exercise Program base plan, to include no less than four quarterly exercises (i.e., one exercise per quarter) of any type (e.g. Drills, Tabletop Exercises, Functional), and participate in one full - scale exercise within a 12 -month period (see https://hseep.dhs.gov). In addition, all EMPG Program funded personnel shall participate in no less than three exercises in a 12- month period. In order for the State of Colorado to meet this requirement, sub - grantees will need to organize or participate in three exercises. These exercises may include drills, tabletops, functional or full- scale. Actual incidents or events may qualify for either a functional or full -scale exercise. The incident must meet the following criteria and be approved by the CDEM Field Manager:Annually /2 'Continue for more than one operational period Quarterly 13,14 Notification must be made to the CDEM Field Manager during the incident The incident must be entered at the county, regional or state level in WebEOC An AAR/IP (After Action Report / Improvement Plan) must be completed within the required federal fiscal quarter reporting time frame Required Reporting: Sub grantees must report quarterly in the EMPG Program work plan the percent completion of the progressive exercise series to include percent completion of personnel participation Sub grantees must submit AAR/IPs for each exercise to include corrective actions in the EMPG Program quarterly reporting FEMA Mandatory Activity: To ensure the development of a professional emergency management workforce all EMPG Program funded personnel shall complete the following training requirements and record proof of completion. National Incident Management System (NIMS) Training: IS 100; IS 200; IS 700; and IS 800; FEMA Professional Development Series: IS 139; IS 230.b; IS 235.a; IS 240.a; IS 241.a; IS 242.a; and IS 244.a All grantees and sub grantees are required to develop a multi -year Training and Exercise Plan (TEP) and update it annually. States and Urban Areas are required to conduct an annual Training and Exercise Planning Workshop (TEPW). Information related to TEPs and Annually /3. TEPWs can be found on the HSEEP website at https: / /hseep.dhs.gov.Quarterly 13 Required Reporting: Submission of a list of EMPG Program funded personnel along with the training completed to be included in the EMPG Program quarterly reporting and should be updated into NIMSCAST by August 30th. Provide copy of TEP to your Regional Field Manager Quarterly reporting of implementation of TEP, including percent addressed in the FY 2012 EMPG Program Work Plan. FEMA Mandatory Activity: Administer EMPG grant and submit quarterly reports to CDEM Regional Field Manager by established deadlines4.QuarterlyRequiredReporting: Submit on time and detailed quarterly reports of status of i deliverables and work plan activities. Page 3 of 18 2012 EMPG Annual Program Paper FEMA Mandatory Activity: Submit EMPG quarterly claims forms to CDEM Regional Field Manager by established deadlines.5 ' Required Reporting: Submit on time and detailed quarterly claims of status of Quarterly 1 deliverables and work plan activities. FEMA Mandatory Activity: Update job descriptions of positions and personnel identified on the EMPG staffing pattern sheet.n Q y6 ' Required Reporting: Provide updated job description of Emergency Management / i . tr Onl 1 2 EMPG funded staff that meets the submitted staffing pattern and EMPG work plan. Attend Regional ESF- 5 Emergency Management meetings as scheduling permits. 7. Suggested Reporting: Provide overview of meeting to include: purpose, projected Quarterly 2,6,7,11 outcomes and date. Utilize CDEM - Request for Assistance Form when requesting resources outside mutual or As 1,7,8,9,18. auto aid agencies.Necessary 1 Suggested Reporting: Provide overview of incident and request for assistance. Utilize WebEOC regularly to gain local, regional and state situational awareness for 9 response operations and information sharing.As 6,7,8,9,1 Suggested Reporting: Provide overview to include: incident name, # of operational Necessary 0, 11,15 periods, incident complexity. Establish / Develop / Coordinate the distribution of jurisdictional preparedness information focusing on community and responder safety through various methods.As 10. Suggested Reporting: Provide overview to include: Type of preparedness campaign &Necessary 6,15 delivery method Participate in Monthly Public Safety Council Meeting. This group already functions as the 1,2,3,4,5 Collaborative Planning Team that reviews all Emergency Plans and recommends plans for 6,7,8,9,11. adoption by the BoCC.Monthl 10,11,12 13,14,15 Attend iEMA Conference in Clark County, Nevada 3,4,5,6,7 12.Once 8,10,11, 12,13,15 Manage Public Safety Radio System and facilitate monthly radio user group meetings to13. address radio system issues Monthly 10 14. Revise County -wide TEMP application 1" Quarter 7,8,13, 14 Facilitate completion on Airport Triennial Exercise to include evaluation of EOC, Mass 7, 8, 9, 15. Casualty, Mass Fatalities and JiS plans.1' Quarter 10, 11, 13, 14 16. Complete Mass Fatalities Plan 1" Quarter 1 , 6 , 117, 8 , 9 17. Complete Explosives Response Plan 1s Quarter 1 , 6 ,17 ,1 8 , 9 18. Complete Pre - Disaster Mitigation Plan 1 Quarter 4 19. Update COOP contact list for county departments Quarterly 1,6 20. 21. 22. 23. Page 4 of 18 2012 EMPG Annual Program Paper y Y °r g v i "<..,'rY ftt; thy l v, eci 1. 2. 3. 4. 5. 6. 7 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 1 ' carter Trainin Re .art 4 of Personnel Trained of EMPG Program of EMPG Program raun 1 Funded Per on m ,st1 orted.,P F s Trained and Exercise eS1N0 Page 5 of 18 2012 EMPG Annual Program Paper tinting of EMPG t of EMPG'Name or Exercise c awards Program Program Description Align to Multi -Year Funded Funded Emergency TEP Personnel / #Personnel Operations of Total tpating in Plan? cis es /No Seminar AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Workshops AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Tabletop Exercises (TTX) AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Game AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Drill AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Functional Exercise AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the fmdings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Full-Scale Exercise AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: sir /fl y> i ry J . < fix , \p\\\\c\ \\\\\\\\\ \ .. Page 6 of 18 2012 EMPG Annual Program Paper Est. Planned Activity 2 Quarter Completion EMF(s) Date FEMA Mandatory Activity: Sub grantees will report progress toward making their EOPs compliant with CPG 101, Version 2.0 — this is done by using the Plan Analysis Tool — May 2011, available at http: //www.fema.gov /prepared /plan.shtm Required Reporting: Sub grantees are required to submit the above referenced evaluation annually and Annually/1 'include quarterly updates on percentage completion of CPG 101 v.2 compliance within Quarterly 6 the EMPG Program Work Plan. Sub grantees are required to analyze 2 plans per year in any identified quarter. Sub grantees are required to submit their existing EOPs to their respective Regional Field Managers in order to be eligible for FY 2012 EMPG Program funds. FEMA Mandatory Activity: Ali EMPG Program grantees (State of Colorado) will develop and maintain a progressive exercise program consistent with the National Exercise Program base plan, to include no less than four quarterly exercises (i.e., one exercise per quarter) of any type (e.g. Drills, Tabletop Exercises, Functional), and participate in one full - scale exercise within a 12 -month period (see https: / /hseep.dhs.gov). In addition, all EMPG Program funded personnel shall participate in no less than three exercises in a 12- month period. In order for the State of Colorado to meet this requirement, sub - grantees will need to organize or participate in three exercises. These exercises may include drills, tabletops, functional or full - scale. Actual incidents or events may qualify for either a functional or full -scale exercise. The incident must meet the following criteria and be approved by the CDEM Field Manager:Annually /2.Continue for more than one operational period Quarterly 13,14 Notification must be made to the CDEM Field Manager during the incident The incident must be entered at the county, regional or state level in WebEOC An AAR/IP (After Action Report / Improvement Plan) must be completed within the required federal fiscal quarter reporting time frame Required Reporting: Sub grantees must report quarterly in the EMPG Program work plan the percent completion of the progressive exercise series to include percent completion of personnel participation Sub grantees must submit AAR/IPs for each exercise to include corrective actions in the EMPG Program quarterly reporting FEMA Mandatory Activity: To ensure the development of a professional emergency management workforce all EMPG Program funded personnel shall complete the following training requirements and record proof of completion. National Incident Management System (NIMS) Training: IS 100; IS 200; IS 700; and IS 800; FEMA Professional Development Series: IS 139; IS 230.b; IS 235.a; IS 240.a; IS 241.a; IS 242.a; and IS 244.a All grantees and sub grantees are required to develop a multi -year Training and Exercise Plan (TEP) and update it annually. States and Urban Areas are required to conduct an annual Training and Exercise Planning Workshop (TEPW). Information related to TEPs and Annually /3. TEPWs can be found on the HSEEP website at https: / /hseep.dhs.gov.Quarterly 13 Required Reporting: Submission of a list of EMPG Program funded personnel along with the training completed to be included in the EMPG Program quarterly reporting and should be updated into NIMSCAST by August 30th. Provide copy of TEP to your Regional Field Manager Quarterly reporting of implementation of TEP, including percent addressed in the FY 2012 EMPG Program Work Plan. FEMA Mandatory Activity: Administer EMPG grant and submit quarterly reports to 4 CDEM Regional Field Manager by established deadlines yQuarter1 1 Required Reporting: Submit on time and detailed quarterly reports of status of deliverables and work plan activities. Page 7 of 18 2012 EMPG Annual Program Paper FEMA Mandatory Activity: Submit EMPG quarterly claims forms to CDEM Regional Field Manager by established deadlines.5'QuarterlyReporting: Submit on time and detailed quarterly claims of status of uarterl y 1 deliverables and work plan activities. Attend Regional ESF- 5 Emergency Management meetings as scheduling permits. 6. Suggested Reporting: Provide overview of meeting to include: purpose, projected Quarterly 2,6,7,11 outcomes and date. Utilize CDEM - Request for Assistance Form when requesting resources outside mutual or 7. auto aid agencies.Necessary 1SuggestedReporting: Provide overview of incident and request for assistance. Utilize WebEOC regularly to gain local, regional and state situational awareness for 8 response operations and information sharing.As 6,7,8,9,1 Suggested Reporting: Provide overview to include: incident name, # of operational Necessary 0, 11,15 periods, incident complexity. Establish / Develop / Coordinate the distribution of jurisdictional preparedness information 9 focusing on community and responder safety through various methods.As 6 15SuggestedReporting: Provide overview to include: Type of preparedness campaign &Necessary delivery method Participate in Monthly Public Safety Council Meeting. This group already functions as the 1,2,3,4,5 Collaborative Planning Team that reviews all Emergency Plans and recommends plans for 6,7,8,9,10. adoption by the BoCC.Monthly 10,11,12 13,14,15 11. Manage Public Safety Radio System and facilitate monthly radio user group meetings to Monthly 0addressradiosystemissuesy 12. Attend Governor's Emergency Management Conference in Loveland, Colorado 2 " Quarter 13 13. Complete Emergency Declaration Plan 2 °a Quarter 1 1 14. Complete Public Information and Warning Plan 2 °a Quarter 1,6,7,8,9 11 15. Get Pre - Disaster Mitigation Plan Adoption Resolutions from all participants 2" Quarter 16. Conduct EOC workshop Quarterly 13, 14 17 Encourage users to conduct Interoperable Communications Drills (create scenarios)2nd Quarter 10, 14 18 Conduct IED Incident! MCI /USAR /Evacuation - Sheltering /Animal Response workshop 2" Quarter 10,14 19 Revisit and Revise Flood response plans 2 °a Quarter 3 , 4 , 6 , 8 , 9 10,11 20. Facilitate delivery of explosives awareness training 2" Quarter 13 21. Work with Joint Training Officers Group to revise Training and Exercise Calendar 2 " Quarter 13 Page 8 of 18 2012 EMPG Annual Program Paper 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 2nd Quarter Traini ate e of Training of Personnel Trained at EMPG Program of EMPt; Program Training E { Funded Personnel supported Personnel M 1ti ar Trainin g Trained and Exe Xe r Page 9 of 18 2012 EMPG Annual Program Paper e \, Z .. ua Re +tr g °ri R oitt a i s d G Name pr ExerCt5e 1"1 am Descry lion Emerge Ally n to r,°<.0 \ \.... L E C \ nde Fund y Personnel Operataans otal Pa Blatt "r" Seminar AAR Com lete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the fmdings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Worksho + s AAR Com.lete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Tableto + Exercises TTX AAR Com • lete Corrective Actions identified - - Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Game AAR Com.Iete Corrective Actions identified Progress made towards addressing Corrective Actions:ins ms the addressing the findings and recommendations of the AAR. Provide more Please details dicate if satisfactorythe progress percentage has not progres been made: t r rl'el+n Ywz+vade toward / r %G'v lrKi'a rr /irwaQEt'ttiio tS ase r 3?r. Drill AAR Com.lete Corrective Actions identified - - - -_ Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Functional Exercise AAR Com.lete Corrective Actis identified Progress made to . ds addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and reco endations of the AAR. Provide more details if satisfactory progress has not been made: Full-Scale Exerci e AAR Com.lete 1-_ Corrective Actions identi fied Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Page 10 of 18 2012 EMPG Annual Program Paper Est. Planned Activity 3rd Quarter Completion EMF(s) Date FEMA Mandatory Activity: Sub grantees will report progress toward making their EOPs compliant with CPG 101, Version 2.0 — this is done by using the Plan Analysis Tool — May 2011, available at http: / /www.fema.gov /prepared /ptan.shtm. Required Reporting: Sub grantees are required to submit the above referenced evaluation annually and Annually /1 'include quarterly updates on percentage completion of CPG 101 v.2 compliance within Quarterly 6 the EMPG Program Work Plan. Sub grantees are required to analyze 2 plans per year in any identified quarter. Sub grantees are required to submit their existing EOPs to their respective Regional Field Managers in order to be eligible for FY 2012 EMPG Program funds. FEMA Mandatory Activity: All EMPG Program grantees (State of Colorado) will develop and maintain a progressive exercise program consistent with the National Exercise Program base plan, to include no less than four quarterly exercises (i.e., one exercise per quarter) of any type (e.g. Drills, Tabletop Exercises, Functional), and participate in one full - scale exercise within a 12 -month period (see https://hseep.dhs.gov). In addition, all EMPG Program funded personnel shall participate in no less than three exercises in a 12- month period. In order for the State of Colorado to meet this requirement, sub - grantees will need to organize or participate in three exercises. These exercises may include drills, tabletops, functional or full - scale. Actual incidents or events may qualify for either a functional or full -scale exercise. The incident must meet the following criteria and be approved by the CDEM Field Manager:Annually /2 'Continue for more than one operational period Quarterly 13,14 Notification must be made to the CDEM Field Manager during the incident The incident must be entered at the county, regional or state level in WebEOC An AAR/IP (After Action Report / Improvement Plan) must be completed within the required federal fiscal quarter reporting time frame Required Reporting: Sub grantees must report quarterly in the EMPG Program work plan the percent completion of the progressive exercise series to include percent completion of personnel participation Sub grantees must submit AAR/IPs for each exercise to include corrective actions in the EMPG Program quarterly reporting FEMA Mandatory Activity: To ensure the development of a professional emergency management workforce all EMPG Program funded personnel shall complete the following training requirements and record proof of completion. National Incident Management System (NIMS) Training: IS 100; IS 200; IS 700; and IS 800; FEMA Professional Development Series: IS 139; IS 230.b; IS 235.a; IS 240.a; IS 241.a; IS 242.a; and IS 244.a All grantees and sub grantees are required to develop a multi -year Training and Exercise Plan (TEP) and update it annually. States and Urban Areas are required to conduct an annual Training and Exercise Planning Workshop (TEPW). Information related to TEPs and Annually /3 • TEPWs can be found on the HSEEP website at https: / /hseep.dhs.gov.Quarterly 13 Required Reporting: Submission of a list of EMPG Program funded personnel along with the training completed to be included in the EMPG Program quarterly reporting and should be updated into NIMSCAST by August 30th. Provide copy of TEP to your Regional Field Manager Quarterly reporting of implementation of TEP, including percent addressed in the FY 2012 EMPG Program Work Plan. Page 11 of 18 2012 EMPG Annual Program Paper FEMA Mandatory Activity: Administer EMPG grant and submit quarterly reports to 4 CDEM Regional Field Manager by established deadlines Quarterly 1 Required Reporting: Submit on time and detailed quarterly reports of status of deliverables and work plan activities. FEMA Mandatory Activity: Submit EMPG quarterly claims forms to CDEM Regional Field 5 Manager by established deadlines.Quarterly 1 Required Reporting: Submit on time and detailed quarterly claims of status of deliverables and work plan activities. FEMA Mandatory Activity: Update job descriptions of positions and personnel identified ii on the EMPG staffing pattern sheet.1 Qtr Only 1,2RequiredReporting: Provide updated job description of Emergency Management / EMPG fu ded staff that meets the submitted staffing pattern and EMPG work plan. CDEM S ggested Activity: Conduct or Attend Monthly / Quarterly ESF- 5 Emergency Management meetings (Regional and /or Local)7 " Suggested Reporting: Provide overview of meeting to include: purpose, projected Quarterly 2,b,7,11 outcomes and date. CDEM Suggested Activity: Utilize CDEM - Request for Assistance Form when requesting 1,7,8,9,1 8. resources outside mutual or auto aid agencies.Quarterly 1 Suggested Reporting: Provide overview of incident and request for assistance. CDEM Suggested Activity: Utilize WebEOC regularly to gain local, regional and state situational awareness for response operations and information sharing.6,7,8,9,19 " Suggested Reporting: Provide overview to include: incident name, # of operational Quarterly 0, 11,15 periods, incident complexity. CDEM Optional Activity: Establish / Develop / Coordinate the distribution of jurisdictional preparedness information focusing on community and responder safety through various 10. methods.Quarterly 6,15 Suggested Reporting: Provide overview to include: Type of preparedness campaign & delivery method Participate in Monthly Public Safety Council Meeting. This group already functions as the 1,2,3,4,5 Collaborative Planning Team that reviews all Emergency Plans and recommends plans for 6,7,8,9, 11. adoption by the BoCC.Monthly 10,11,12 13,14,15 Manage Public Safety Radio System and facilitate monthly radio user group meetings to12 ' address radio system issues Monthly 10 13. Complete installation of Weather Radio Transmission site when weather permits Once 10 14. Facilitate Explosives awareness training 15. Complete NIMS -Cast rollup 3 Quarter 1, 13 16. Work with utility providers to complete utility restoration plan 3` Quarter 6,8,11, 12 17. Work with Hazardous Materials Team to complete Haz Mat Response Plan 3` Quarter 6 18. Facilitate IED Incident! MCI /USAR /Evacuation - Sheltering /Animal Response Drills with 3` Quarter 13, 14appropriateagencies 19. Facilitate Utility failure tabletop exercise 3rd Quarter 8, 12, 14 20. Page 12 of 18 2012 EMPG Annual Program Paper C 6 o :.mac, a \ l'‘.,''''''\`f'-'''''k:'!:‘,.,;.-,kr” J,„„,,,„„„„ '.t a kt 1 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. L1arter Trarni Report11g ep0 44. ' ` 3 of ' ersonnel Trained of EMPG Program of EMPG pro Training Mlgneci to • Funded Personnel r supported Personnel Muni Year Train , Trained r.t, Page 13 of 18 2012 EMPG Annual Program Paper R 9 0i E i t y 1 11 may .. Seminar AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Workshops AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Tabletop Exercises (TTX) AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Game AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: OpCradUi34tit9e r Drill AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Functional Exercise AAR Complete Corrective Actions identified Progress made towaards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Full -Scale Exercise AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Page 14 of 18 2012 EMPG Annual Program Paper Est. Planned Activity 4th Quarter Completion EMF(s) Date FEMA Mandatory Activity: Sub grantees will report progress toward making their EOPs compliant with CPG 101, Version 2.0 — this is done by using the Plan Analysis Tool — May 2011, available at http: / /www.fema.gov /prepared /plan.shtm Required Reporting: Sub grantees are required to submit the above referenced evaluation annually and Annually/1 'include quarterly updates on percentage completion of CPG 101 v.2 compliance within Quarterly 6 the EMPG Program Work Plan. Sub grantees are required to analyze 2 plans per year in any identified quarter. Sub grantees are required to submit their existing EOPs to their respective Regional Field Managers in order to be eligible for FY 2012 EMPG Program funds. FEMA Mandatory Activity: All EMPG Program grantees (State of Colorado) will develop and maintain a progressive exercise program consistent with the National Exercise Program base plan, to include no less than four quarterly exercises (i.e., one exercise per quarter) of any type (e.g. Drills, Tabletop Exercises, Functional), and participate in one full - scale exercise within a 12 -month period (see https: / /hseep.dhs.gov). In addition, all EMPG Program funded personnel shall participate in no less than three exercises in a 12- month period. In order for the State of Colorado to meet this requirement, sub - grantees will need to organize or participate in three exercises. These exercises may include drills, tabletops, functional or full - scale. Actual incidents or events may qualify for either a functional or full -scale exercise. The incident must meet the following criteria and be approved by the CDEM Field Manager:Annually /2.Continue for more than one operational period Quarterly 13,14 Notification must be made to the CDEM Field Manager during the incident The incident must be entered at the county, regional or state level in WebEOC An AAR/IP (After Action Report / Improvement Plan) must be completed within the required federal fiscal quarter reporting time frame Required Reporting: Sub grantees must report quarterly in the EMPG Program work plan the percent completion of the progressive exercise series to include percent completion of personnel participation Sub grantees must submit AAR/IPs for each exercise to include corrective actions in the EMPG Program quarterly reporting FEMA Mandatory Activity: To ensure the development of a professional emergency management workforce all EMPG Program funded personnel shall complete the following training requirements and record proof of completion. National Incident Management System (NIMS) Training: IS 100; IS 200; IS 700; and IS 800; FEMA Professional Development Series: IS 139; IS 230.b; IS 235.a; IS 240.a; IS 241.a; IS 242.a; and IS 244.a All grantees and sub grantees are required to develop a multi -year Training and Exercise Plan (TEP) and update it annually. States and Urban Areas are required to conduct an annual Training and Exercise Planning Workshop (TEPW). Information related to TEPs and Annually t3. TEPWs can be found on the HSEEP website at https: / /hseep.dhs.gov.Quarterly 13 Required Reporting: Submission of a list of EMPG Program funded personnel along with the training completed to be included in the EMPG Program quarterly reporting and should be updated into NIMSCAST by August 30th. Provide copy of TEP to your Regional Field Manager Quarterly reporting of implementation of TEP, including percent addressed in the FY 2012 EMPG Program Work Plan. FEMA Mandatory Activity: Administer EMPG grant and submit quarterly reports to 4 CDEM Regional Field Manager by established deadlines yQuarterl 1 Required Reporting: Submit on time and detailed quarterly reports of status of deliverables and work plan activities. Page 15 of 18 2012 EMPG Annual Program Paper FEMA Mandatory Activity: Submit EMPG quarterly claims forms to CDEM Regional Field Manager by established deadlines.5'QRequiredReporting: Submit on time and detailed quarterly claims of status of Quarterly 1 deliverables and work plan activities. FEMA Mandatory Activity: Update job descriptions of positions and personnel identified 6 on the EMPG staffing pattern sheet.1`. Qtr Only 1,2RequiredReporting: Provide updated job description of Emergency Management / EMPG funded staff that meets the submitted staffing pattern and EMPG work plan. CDEM Suggested Activity: Conduct or Attend Monthly / Quarterly ESF- 5 Emergency 7 Management meetings (Regional and /or Local)Quarterly 2,6 7,11SuggestedReporting: Provide overview of meeting to include: purpose, projected outcomes and date. CDEM Suggested Activity: Utilize CDEM - Request for Assistance Form when requesting 1,7,8,9,18. resources outside mutual or auto aid agencies.Quarterly 1 Suggested Reporting: Provide overview of incident and request for assistance. CDEM Suggested Activity: Utilize WebEOC regularly to gain local, regional and state g situational awareness for response operations and information sharing.Quarter1 6,7,8,9,1 Suggested Reporting: Provide overview to include: incident name, # of operational y 0, 11,15 periods, incident complexity. CDEM Suggested Activity: Develop / Update Rapid Needs Assessment (RNA) procedures to evaluate event impacts in all relevant jurisdictions (ie. County -wide for county programs that include cities and towns). Initiate damage assessment procedures to 10. evaluate event impacts in all relevant jurisdictions (ie. County -wide for county programs 4 Quarter 6,11thatincludecitiesandtowns). The Regional Field Manager can provide technical assistance and some documents for development of program. Suggested Reporting: Provide copy of RNA procedures & Damage Assessment Procedures to your CDEM Regional Field Manger. CDEM Optional Activity: Establish / Develop / Coordinate the distribution of jurisdictional preparedness information focusing on community and responder safety through various 11. methods.Quarterly 6,15 Suggested Reporting: Provide overview to include: Type of preparedness campaign & delivery method Participate in Monthly Public Safety Council Meeting. This group already functions as the 1,2,3,4,5 12 Collaborative Planning Team that reviews all Emergency Plans and recommends plans for Monthly 6,7,8,9, adoption by the BoCC.10,11,12 13,14,15 Manage Public Safety Radio System and facilitate monthly radio user group meetings to13. address radio system issues Monthly 10 14. Complete Roles and Responsibilities plan 4 Quarter 6 15. Facilitate Emergency Operations Plan Orientation /EOC workshop 4 Quarter 13,14 16. Facilitate Interoperable Communication functional exercise 4 Quarter 10,13, 14 17 Facilitate IED Incident /MCl/USAR /Evacuation - Sheltering/Animal Response tabletop 4 Quarter 13, 14exercise 18. Facilitate animal response team training day 4 Quarter 13 Page 16 of 18 2012 EMPG Annual Program Paper 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. i 4xn Harter `rainin Re or s t' me of Trauu ng ciPer tee{ Traltted of MPG Program of 31 'P4„ P Tr, g Aligned to 4 1 i Funded Personnel supported Person M t'l 5rear Trainings f 'ie,s / a s , a 1 ri Trained aid X° tS Ji v Page 17 of 18 2012 EMPG Annual Program Paper 3 a X it // m„ .`... a ......:.. 77 jj j'pj\y y,y y +j(yi ; . # a -4 rfRi f" l N / fr, ,;0;1 S I yL }4 Ag'l G 11F 113 \ eri i //fpfy ! ? yjiILIi A' /.' g # R F M1 '` AAteh NOM* 1111111111110,1010,,7f.710!*::11 y ,-r itiWat Seminar AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Workshops AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the fmdings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Tabletop Exercises (TTX) AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the fmdings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Game AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Drill AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Functional Exercise AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: Full-Scale Exercise AAR Complete Corrective Actions identified Progress made towards addressing Corrective Actions: Please indicate at least the percentage progress made towards the addressing the findings and recommendations of the AAR. Provide more details if satisfactory progress has not been made: i- ar v z o r r..c, f Page 18 of 18 2012 EMPG Annual Program Paper