HomeMy WebLinkAbout2004 Ordinance No. 026•
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ORD INANCE N0.;,2..w
SERIES OF 2004 --
l:lY AllTII OR! rY
CONTRAcr NO, 'i 8-,k;,o 'f
COL CIL BILL NO . 22
INTRODU CE D BY COUNC IL
~•EMBE R BRADSHAW
AN ORDINANCE APPRO V I NG AND AUTHOR IZING THE EXECUTION O F AN
I NTERGOVERNMENTAL AGREEMENT FOR THE COLORADO EMERGENCY
MANAGEMENT BETWEEN THE STATE OF COLORADO AND TH E C. TY OF
ENG LEWOOD, CO L ORADO.
WH EREAS, the State annu all y and/o r periodically receives undi ng fror variou s
federal agencies , for th e purp ose of sup po rting emergency manageme nt 1c uvi tics
including admi nis tra ti on, emergency plannin g, trai nin g, exe rcisi ng, ha zard mitigation,
di saste r response and recovery , and procurem ent of facili ti es and equi:.,ment; and
WHEREAS , the State periodically , as di sasters arc decla,cd and fo nd s uuth ori ecd ,
receives funding from the State Di sas ter Emergency Fund; and FEM . .\ un de r Publ ic
Assistance and Hazard Mitigation Grant Progra ms, Robert T . Stafford Di saste r Relief
an d Emerge ncy As sistan ce Ac t, for the purpose of disaste r respon se , re covery and
mitigation ~ an d
WHEREAS , lo ca l unit s of gove rnm ent, as well as ot her loca l organization s have
been de termi ned to be auth ori zed sub-gra ntees un der lh esc programs, as well as under
any future emergency •nanagcmcnt related leg is lat io n; and
WH EREAS , the Ci ty of Engl ewoo d, Safety Services Fire Divisi on has been
awarde d a gra nt lo ffi(I VC forward in it s goa ls to enhance commu ni ty and firefighter
sa fety;
NOW , THEREFOR E, BE IT ORDAINED BY THE CITY COUNC IL OF THE
CITY OF ENGLEWOOD , CO LORADO , THAT:
~. The Co nt rac t # 4E M98 hctwc en the State of Co lorad fo r th e use and
ben efit of the Depanmcnt of Lo ca l Affairs , Di vision of Loca l Governme nt, Office of
Emerge ncy Management and the City of Englewood, Co lorado , att ached i1crct o as
Ex hibit A, is hereby accep ted and app roved the Englewood City Co un ci l.
~-The Cit y Manager and City Clerk arc auth orize d to execu te an d atlc st
sa id Agree ment fo r and on behalf of th e Ci ty of Englewood .
Introdu ce d, read in fu ll , and pa sse d un fir st rcad '"g on th e 19th day of Apr il , 2004 .
10 b ii
Pub li shed as a Bill for an Ordinance on the 23rd day o f April , 2004 .
Read by title and pa.sscd on final reading on the 3rd day c f May, 2004 .
Published by titl e as Ordinance No. :J.k. Series of 2004,
2004 .
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Col rado, hereby
certify that the above and foregoing is a true cow. of the Ordina pa ss ed on final
reading and published by ,·,,., as Ordinance No.,ik, Serie of ~-
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Department or Agency Number: NAA
'CLIN :
1 FEIN : 84-6 000583
I CFOA1': To be indicated in ea ch award letter
as applicable _
CONTRACT # 4EM98
This co ntract . made by and between the State of Colorado fo r the us e and benefit of the Department
of Local A ffairs , Divisio n of Loca l Government, Office of Emergency Management (COEM), 15075
S . Golden Rd .. Golden , CO 80401 , hereinafter referred to as the State, and the ...£i!:L.2f
Englewood hereinafter referred to as th e Contractor.
WHEREAS , authority exists in the law and funds have been budgeted . appropriated , and otherwise
made available , and a sufficient unencumbered balance thereof rema ins ava il ab le for payment in
Fund Number 100 or 260 , Contract Encumbrance Number: As detailed in y,3nt award letter(s);
and
WHEREAS , requ ired approval. clearance . and coord ination ha s been accomplished from and with
appropriate agencies: and
WHEREAS , the Slate annually and/or periodically receives funding from th e follov. ., ueral
agen ci es: the Fed eral Emergency Management A gen cy (FEMA) -'Jnde r the Department of V eterans
Affairs and Housing and Urban De velopment. and lndependenlAgenc1e,sAppropri ationsAct. 2000,
Public Law 106-7 4 : Robert T . Stafford Disaster Relief and Emerg ,mcy A ssistance /.ct , as amended,
Public Law 93-288, .is amended : 42 U.S.C . 5 121 et seq .: 42 U.S.C. 5 195 et seq ., Omnibus
C on solidated Appropri ations Act of 1997 , Publi c Law 104-208 ; Superiund Amendment and
Reauthorization Act of 199 1, Tille Il l Public Law 99-499 as amerded : and Department of Defense
Authorizat ion Act of 1986 , Pub li c Law 99-1 45 as amended : Env ironmental Protection A gency (EPA)
-Emergency Plann ing Community Rightto Know Act. 42 U.S.C . 11 00 1 et seq .. and/or the Clean Air
Act. 42 U.S.C . 74 12: U.S. Departm ent of Transportat ion (OOT ) -undP.r the Hazardous Materials
Uniform Transportation Safety Act 1990 , Publ ic Law 101-6 15. J9 U .S C . 5101 et seq .. and the U .S.
Department of Justice (DoJ) -U.S . Department of Commerce . Justice . and State. t e Judic iary and
Related Agencies App ropr ia tions Act of 1999, Public Law 05-119. or the purpose oi supporting
emergency management activities to inc lude adm1nistrat1on . emergency plann ing , tra ining ,
exercising , ha zard mitigation . di saster resp on se and recovery and procurement of iacilitie:;.and
equipment: and
WHEREAS , the St ate periodically , as disasters are dec lared and funds authorized . recei ve s funding
from th e State Disaster Emergency Fund under C R.S 24-32-21 06 (Colorado Disaster Emergency
Act of 1992); and FEMA under Public Ass ista nce and Hazard Mit1ga11on Grant Pro grams. Robert T.
Stafford Disaste r Relief and Emergency A ssistance Act . Public Law 93-288 . as amended . for the
purpcse of di saster response . recovery and mitigntion: and
WHEREAS . local units of government (counties . cit ies and ,owns ). Councils of Go ve rnment (COG),
Local Emerge ncy Plann in g Co mmittees (LEPC). as well as ce rtain public and private nonprofit
organizations have been determined to be authorized eligible sub-g rantees under the above
identified Public Laws and statutes . as well as unde r any present or fut ure emergency managem ent
related le gisla tion that identifies all or some of ,he ennty types spec ified above as eligible
Subgrantees . and CF R 40 Part 33 . CFR 44 Pa rts 13 and 302 . C FR 49 Part 110 . and C FR 28 Part
66 ,and
WHEREAS . the Contractor has been determined to be an eligib le entity as defined by the State 1n ,ts
administrative plan to co ntract with the Sta te 10 undertake the serv•ces de sired . and
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WHEREAS . !he State a nnually or period ically distri butes funds received to exi sting contractors .
determined to be eligible b y the State using slate and /or federal eligibility criteria and which are in
good stand ing , us ing State developed application process, and allocat io n procedure; and
WHEREAS . State fisca l rules req uire a State agency to enter into a co ntractual agreement in order
to pass funds l o either a local governmental entity, a quasi-governmental entity such as an LEPC or
COG , or a private vendor. and
WHEREAS , this cont ract is in keeping with applica b le State law C RS 24-50 -50-4(2)(a )(c )(e), and
C RS 24-32 -2105 (6 )(b ), a nd the rules and regulations of the State . and
WHEREAS , the Contractor h as been included as a potential fundi ng rec ipient by the State for
emergency management re lated funding , to enter into th is agreement and to undertake the services
desired by the Slate and fede ral government, and
WHEREAS , the Contractor is capable and desires to perform the services.
NOW THEREFORE It is agreed that:
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Scope of Work -The Contractor agrees 10 ca rry ou1 the scope o f work described in e ach of
its appl ication packages fo r emergen cy manag e ment re lated activities , as approved by the
State in its grant award letter , and to do so in conformance wi th !his c ontract and app licable
federal a nd st ale laws . rules. and regulatio ns pertaining to each specific g rant. Upon
acceptance of a n award by the Contracto r. such awa rd letters and g ran t applications wi ll
become a part of this contract until such l ime as :he g rant ,s clo sed out.
Time of Performance -This Contract shall become effective u p on th e date of proper
execution of thi s Contract by the State Controller or designee and s hall continue for a period
of fi ve years as long as !he State contin ues to de signate the Co ntractor as an el igible
recip ie nt of fund s and continues to make an allocation of fun d s to the Contracto r. G rant
award letters and any amendments to the award letters for each specific grant will identify
the performance period for that grant.
3 . Authority to Enter i nto Contract -The C~ntrac:or as~ures and warrants that it possesses
!he legal aut'1 ority to enter into this Contract. The person sign ing and executing h,s
Contract on behalf of the Contractor does hereby "Narran1 and guarantee that he/she has full
au1horiza11on to execute l h1s Contract .
4. Compensation and Method of Payment
Campensa11 on -Grant award lelters iss•Jed by the Slate under this Contract w ,11 authorize !he
Co ntractor :o expend funds Jnd initiate requests fo r reimbursement based on !he amount of
the gra nt award ,n accordiince 'Nlt h program po li c,es . The State may allocate more or less
funds ava,laole o n 1h 1s c ontract u sing Grant Award Letters substantially equivalent to Exhibit
1 and bearing the aporoval o f the Slate Con troll er or h ,s des,g nee. The G rant Awa rd Letter
shall not be deemed •1al1 d nt,I ,t shall have been approved by th e Slate Controller or his
des,gn ee
Metho d of Payment -Based u po n receipt of requests from th e Contractor for re imbursement
t f funds expended u nder a g rant award authorized under 1h,s contract. and p rovision by the
r,ontractor of the reports , and summary of documentation required under the gra nt . !he State
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w,11 reimburse the Contractor fo r !hose e ligible program co sts incurred . Original •
documen1atIo n w,11 be kept on file w,th the Contractor Pa yment and interest is subject to
Stale F ,sc I Rule 2-5 and sec ,on 24-30-202(24) CR S (1999). The State warrant or
Electron,c Funds Trans fe r (EFT). will be issued for re,mbursemenl of eligible expenses. In
th ose c ase s Nhere a Contractor m ay hav e a cash now problem verified by !he State . the
Sta l e may re,mburs 1he Contra cto r based upon unpaid vendor invo ices ~, Purchase Ord ers
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(PO). In these cases , which are an exception to normal practice . the Contractor shall be
responsib le for payment to the vendor and prov idi , ,g paid vendor invoices lo the Slate for its
records . If a program authorizes advance payments of grant funds. such advances will be
made in ac cordance with the then current program policies and in compliance with standard
grant cash management pract ices as defined in 44 CFR Ch , 1, Part 13 .20, wh ich require that
expenses be incurred as close to the draw down da te of the funds as is practicable . In the
case of the Public A ss istance program , the policies of that program shall have precedence
over the standard cash management pra ctices.
Reversion of Excess Funds to the State
a) Any State or federal funds paid to the Contractor and not expended in connection
with an award letter shall be remitted to the Slate upon completion of the award or a
determinat ion by the State that the scope of the grant •NIii not be completed . Any State or
federal funds not required for completion of the award will be deobligated by the State .
b) It is expressly understood that if the Contractor receives state funds from this
C ontract in ex cess of its fiscal year spendin g lim it , all such excess funds from this Contract
shall revert to the State. Under no ci rcumstances shall excess funds from this Contract be
refunded to other parties .
6. Financial Management -Al all times. from the effective date of this contract unti l closeout of
each award issued hereunder and through the records retention period , the Contractor sha ll
maintain properly segregated books of State funds. matching funds . and othe r fund s
associated w ith each award . Contractor shall be responsible fo r ac counting for and
reporting on an y re qu ired ma,ch funding as indicated in the grant award letter. Records shall
be maintained in accordance with app licab le local and State procedures , and appropriate
0MB circu lars .
7, Reporting -The Contractor shall meet all repelling requirements in accordance with the
then current program policies . and any subsequent forms and related program policies as
required by the federal government or the State Office of Emergency Management (OEM).
8 . Amendments-The State may request changes in the scope of services or any other
prov ision In an award letter. Such changns in the sco pe of services or other provis ion shall
be in writing via the issuance of an amended award letter, and shall be inc orporated without
written amendment to this contract. Any revisions to the scope of services o r any other
award provis ion ini tiated by th e Contractor must be approved by the State and fo rmalized
th ro ugh an amend ment to the award letter Th e Grant Award Letter amendm~nt shall not be
deemed valid unt il it shall have been approved by the State Con trolle r or h;~. designee .
9 . Audit
a ) Discret io nary Audit -Th e Slate . through the Executive Director of the Department,
the State A ud itor. or any of th ei r duly authorized re presentatives and the federal governme nt
or any of its duly aut horized representatives shall have the ri ght lo inspect. examine and
audit the Contractor's and any subcontractor's reco rds . books , acco unts and other re levo, It
documents . Fo r th e pu rpos es of discretio nary audit. the State spe cific all y re serves the ri ght
to hire an independen t Certified Public Acco untant of th e State's ch oosing . A discretionary
aud it may be requested at any lime and for any reason from th e effectiv e date of this
Contract until five (5) ye ars after the dale of each grant's official cl oseout. prov ided that the
audit is performed during normal business hours .
b) Mandato ry A ud it -Whether or not the Stat e or the federal government calls for a
discr et io nar1 aud it as provi ded above , the Contracto r sh all include the Project in its annual
audit re port as required by 0 MB Circul ar A-t 33 , and / or the Co lorado Loc al Govern ment
Aud it Law . 29-t-60 1, et seq , C .R.S . an d State implementing rul es and regulations. Such
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audit reports shall be simultaneously su bm itted to th e Department and the State Auditor or
federal agency as applicable . Thereafter, the Contractor shall supply the Department with
copies of all co rrespondence from the State Au ditor or applica ble federal agency related to
the relevant audit report. If the audit reveals evidence of non-co mpliance with applicable •
requirements , the Department reserves the right to institute compliance or other appropriate
proceedings notwith standing any ot her j udi ci al or administrative actions filed pursuant to 29-
1-607 or 29-1-608 , C .R.S .
10 . Conflict of Interest
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a) No employee of the Contractor shall perform or provide oart-t ime services for
compensation , monetary or otherwise , to a consultant or consulta nt firm that has been
retained by the Contractor under the authority of this Contract.
b) The Contractor agrees that no person at any time exercising any function of
responsibility in connection with this project on behalf of the Contractor shall have or acquire
any personal financial or economic interest, direct or indirect, which will be materially
affected by this contr~ct , except to the extent that he may receive com pensation for his
performance pursuant tcI this contract.
c) A personal finandal or economic interest includes . but is not limited to :
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iv)
any business entity in which the person has a direct or indirect monetary
interest:
any real pro perty in which the perso n has a direct or ind irect monetary
interest;
any source of inco me , loans , or gifts received by or promised to the person
within twelve (12) months prior to the execution date of this contract:
any bus iness entity in which the person is a director, officer, general or
limited partner, trustee . employee , or holds any position of management.
For purposes of this subsection , indirect investment or interest means any investment or
interest owned by the spouse , parent. brother, sister. son . daughter. father-i n-law, mother-i n-
law. brother-i n-l aw, sister-in-law, son-in-law . or daughter-in-l aw of the person by an agent or
his/h er behalf, by a general . limited or silent panner of the person . by any bus in ess entity
controlled by said person , or by a trust in which he/she has substantial interest. A business
entity is controlled by a person if that person . his/her agent. or a relative as defined above
possesses more than fi fty percent (50 %) of the ownership interest. Said person has a
substantia l economic interest in a trust when the person or an above -defined relative 1-!-as a
present or future intemst wonh more than one thousand dolla rs (S 1.000 .00). ·
d) In the event a conflir.t of interest. as described In this Paragraph 10 . cannot be
avoided without fru stratin g :~e purposes of thi s contract. the person invo lved in such a
co nflict of interest shall sub mit to the Contractor and the State a fu ll disclosure statement
setting forlh the details of such conflict of interest. In cases of extreme and unacceptable
conflicts of intere st. as determined by the Sl ate . the State reserves the right to te rminate the
con tra ct for ca use . as provided in Paragraph 12 . Failure to file a disclosure statement
reoui red by this Parag ra ph 10 shall constitute grounds fo r terminat ion of this contract for
cause by the State
Contract Suspension • If the Contractor fai ls to comply with any contractual provision , the
State may , after notice to the Cc~tractor suspend the co ntract and withhold further payment
or proh1b1t the Con1rac1or from incurring additional obli gation of contractual funds . pending
corrective action by the Contractor or a decis ion by the State to terminate In accordance with
Paragraph 12 . Contract Termination . The State may determine to allow such necessary and
proper costs which the Contractor could not reasonably avoid during the period of
suspension .
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12 . Con tra ct Termin atio n. This Contract ma y be te rminated as follows :
a) Termination Due to Loss of Fundir 0 • The parties hereto expressly recognize that th e
Contractor Is to be paid . reimbursed . or otherwise compensated with funds provided by the
federal government to the State for the purpose of contracti ng for the services provided for
herein . and therefore . the Contractor ex pressly understands and ag rees tha t all its rights.
demands and claim s to co mpensation arising under this Contract are co ntingent upon
receipt of such funds by the State. In the event th at such funds or any part thereof are not
received by the State. the State may immediatel y terminate or amend this Contract. To the
extent that the Contractor must expend funds other than th ose provided by the State under
this Agreement or must provide in-kind service s in performing the work agreed upon
hereunder, the State agrees that said expenditures and in-ki nd services are subject to the
availability and annual appropriation of funds by th e Contractor for said purpose.
b) Termination for Cause· If, thro ugh any ca use. the Contractor shall fa il to fulfill in a
timely and proper manner its obligations under thi s Contract, or if the Contractor shall viol ate
any of the covenants. agreements, or stipulations of this Contract. the State shall thereupon
have the rig ht to terminate this Contract for cause by giving written notice to the Contractor
of such termination and specifyi ng the effective date thereof. at least twenty (20) days before
the effective date of such te rmi na tion . In th at event . all fi nished or unfin ished document~
data , st udies, surveys . drawings , maps , models . photographs . and reports or oth er material
prepa red by the Contractor under this Contract shall , at the option of the State, be come its
property , and the Contractor shall be entitled to receive just and equitable co mpensation for
any satisfactory wo rk co mpleted on such documents and other materials.
Notwithstanding the above . the Contractor shall not be relieve d of liability to th e State for any
damages su stained by the State by vi rtue of any brea ch al the Contract by the Contractor,
and the State may withhold any pa yments to the Co ntracto r fo r the purpose of offset unt il
such ti me as the exact amount al damages due the State fro m the Contractor is determined.
c) Term inatio n for Convenience · The State may terminate th e co ntract at any ti me the
State desira ;. The State shall effect such termination by giving written notice of the
termi nation to the Contractor and specifyin g the effective date thereof , at least twenty (20)
days before the effec ti ve d ate al such termina tion . In that eve nt all materials and documents
as described ab ov e shall. at the option of the State . became it s property and the Co ntracto r
sh all be entitled to receive just and equitable compensation or any satisfactory work
completed an sue:, mate rials and documents .
13 . Integrati on . This contract as written with attac hm ents and refe rences . Is intended as th e
co mplete integration al all understand in g between the parties at this ti me and o prior or
contempo raneou s additi ons . de letion . or amendment hereto sh all have any force 0r effect
whatsoever . unless embodied in a written awa rd letter. awa rd amend ment or a contract
amendment incorporat ing such changes . exec uted and approved pursuant to applicable law .
14 Severab ility • To the exten t tha t this co nt ract may be execute ·, and performa,,ce of the
obligations of the pa rti es may be ac com plished within the intent or the co ntract. the terms of
the contract are severable. and should an y ter m or prov,sIon hereof be declared inv alid or
become inoperative for any reason . such 1nv alid 1t•1 or failure shall not affect the val idity of any
other term or provIsIon he re of . The waive r of any bre ach of a te rm hereof shall not be
co nstrued as waiver of any othe r term nor as wa I•1 er of a sub sequent breach of the same
term .
15. Recap ture Pro v isions • In the event that the Con tra ctor fails to expend funds undar this
con tract In accordan ce with state laws dndl or the orov IsIo ns of this co ntract. the J epartment
reserves the right to recapture state funds in an amount equivalent to the extent of the
noncompli ance Su ch rights of recapture sh all ex ist for a period not to ex ceed three y2ars
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following co ntract te rminat io n.
Repaym ent by the Contractor of funds under thi s recapture provis ion shall occur withi n 30
days of demand. if the C ontractor's failure is undisputed , or within 30 days of final j udic ial or •
alternative dispute resolution determination, as appropriate.
16. Assignment • Neithe r party, nor any subcontractor hereto. may assign its ri ghts or duties
under thi s contract without lhe prior written consent of the other party .
17. Survival of Certain Contract Tenms · Notwithstanding anything herein to the contrary, the
parties understand and agree that all terms and conditi ons of this Contract and the exhibits
and attachments hereto which may require continued performance or compliance beyond
the termination date of the Contract shall survive such te rmination date and shall be
enforceable by the State as provided herein in th e event of such failure to perform or comply
by the Contractor or Its subcontractors.
18. Nondiscrimination
a) The Contractor sh all comply with ail applicable state and fe deral laws , rules,
regulations and Executive Orders of the Governor of Colorado . involving non-discrimination
on the basis of rac e , color, religion , national origin , age , handicap, or sex. Contractor may
utilize the expertise of the State Minority Bu siness Office within the Office of the Governor,
for assistance in complying with the nondiscrimination and affirmative action requirements of
this contract and applicable statutes .
b) The Americans with Disab ili ties Act of 1990. Pub lic Law 101-336 . also referred to as
the "ADA 28 CFR P:irt 35 . The Contractor must co mply with ADA , which provides
comprehensive civil ri ghts protection to ind ivi duals with disabilities in the areas of
employment , public accommodations, state and local government services , and
telecommunications.
19. Records Retention · The Contractor shall retain fo r at least five (5) years after the State's
closeout of each grant all records required for the grant including documentation and
records of ail expenditures incurred under the grant being cl osed . Retention for longer than
the five years may be deemed necessary to resolve any matter which may be pending . This
retention is for the purpose of review and audit by the State . federal government or their
authorized representative.
20 . Compliance with Federal Agreement/Contract Terms and Conditions, Federal and
State Law and Program Rules and Regulations • At all ti mes during the performance of
this Contract. the Contractor shall strictly adhere to all applicable Federal and Stale laws that
have been or may hereafter be established . The Contractor shall also comply with all term s
and conditions that the State has entered into wi th the federal government as a part of the
grant appl ication process and as spelled out in grant contracts /agreem en ts , and all
applicable federal an d state laws. rules , and re gula tions related to g rant awards under this
co ntract. These include , but are not li mited to, complianc,e wit h the following :
Americans wi th Disabilities Act inclu ding Title ii , Subtitle A/2 4 . U.S.C . Sec . 12101 et
seq a~d implementing regulation s.
0MB Circuiars A21 , A87 , A110 , A124 , and A 13 3 as applicable
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31 U.S.C . · 1352 • Pro hibition Against use of Federal Funds for Lobbying
Priv acy Act of 1974, 5 U .S.C . S 5529 and Regulations adopted thereunder
Ce rtification required by 49 CFR Part 29 . "Government Debarment and Suspension" •
Drug Free Workplace
Title VI of the Civi l Ri ghts Act 42 U .S.C. Se c 2000 d· 1 et seq and its implementing
regulation 44 CFR part of et seq
Others as may be included in the grant award letter :or a specific grant.
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Un less oth erwise agree d by the part ies , the Contractor assumes and will discharge the
obl igat ions of the Stat& as grantee and reci pient und er the Federal Terms and Conditions ,
inc luding the spec ifi c and genera l assurances as may be covered in Appendices thereto ,
concern ing compliance of specific federal statute s such as those addressing the Civil Rights
Act of 1964.
Special Conditions and Award Acceptanc_!t 92yond those conditions contained in this
contract spec ial conditions may be incorporated into a grant award letter in the Scope and /or
Grant Cons iderations paragraph (s) of the indiv idual awa rd or in an attachment to th e award
letter. These condi tions , upon Contractor's acceptance of the grant or any amendments
become a part of this contract , and legally binding under it. Contractor failure to object in
writing to spec ial conditions or other award provis ions or terms within ten (10) days of the
date the grant award letter or amendment is received by the Contractor sh c1 II constitute
acceptance of same for the purposes of this paragraph ,
Exti ,rit of Agreement• This Agreement is intended solely to fund the Project(s) proposed by
Coniractor and to define the rights and resp onsibilities between the parties with respect to
such funding . This Agreement is not intended to create any third party rights , nor are third
parties entitled lo rely upon any provisions .
Attachments • The '.allowing items are cons idered lo be attachments to and part of this
contract.
• Specific grant application packages from the jur is diction
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State Grant Award Lette rs and all attachments to each award or amend ed award
letter for each spec ifi c grant funded . (Exh ibit 1)
General terms and conditions for each spec ific grant. (Stated in each award letter,
award amendment or the ir attachments )
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SPECIA L PROVISIONS
ffor L'se Onlv wilh ln1er-Gi1vernmenrnl Contri1l•fs )
1. C ONTRO LLER'S A PPROVA L . C RS 2,1.J0-102 t i )
T his contract shall not be deemed \Ulid unlil i1 has bee n appro wd b~ the Co ntroll er of1hc S1:ue l>f Co lorad o ur 'i uch as sis1nn1 as he
may de sign ate .
2. F UN D AVA ILAB ILITY. CRS 14-J 0-202 (5.5)
Financial ob liga1ion s of •he State ofCo lo r.,;do payable after 1he cum:m riscal ~ca1 :i.re con1in gent upo n fund s fo r that purpos e bei ng
appropr ia te d. bud ge ted .. nd 01hcnvi sc made ava il able .
3. I NDEM N IFIC.HIO '.
To the ex te nt auth orized by law . the Con1racto r shall indem ni fy . save , and hold hann less the State agai nst :m y and all claims.
damages. liabil ity and court a,\ards includ ing cos 1s. i:xpense s. and anome~ fcc:s incurred ns a result ofan~ ac 1 or omi ss ion by 1he
Contrac tor. or its empl oyees . age nts . subcontractors. or ass ignees pursua nt 10 the term s of this con mi ce.
No term or co nditi on of thi s co ntract shal l be co nstrued or int erp reted as a w.i iver. ex pre ss or implied . of :in :,• of the immun i1ies. right s.
bene fits . protec tio n. or oth er provisions fo r the pa nies. of 1he Colo rado Gov ernmental lmmuniry At:I. CR~ ~.t. [Q .10 I i:I .H!q . or the
Federa l Tor1 Cla im s Act. ::s U.S.C. ::67 1 i:t s.tq. ns nppl ic;i ble . as now or hereafter amend ed.
~. I N DEP ENDENT CONTRACTOR. 4 CCR 80 1-l
•
TH E Cot,TRACTOR SH A LL PERFO RM ITS DUTIES Ii ER EUN DER AS AN IN DEPE NDE NT CONTR ACTOR AND NOT AS
AN EMPLOYEE. NEITHER THE CON TRACTO R NO R A NY .~G ENT O R EMPLOYEE OF THE CONTRACTO R SH ALi. BE
O R SHA LL BE DEEMED TO BE AN AGENT O R EM PL OYEE OF TH E STA TE . CONTRA CTOR SH ALL PAY W HEN DUE
A L L R.E Ql!IRED EM PLOYMENT T.~.\ES AND 1, CO ME TAX .l ~D LOC\L HEAD TAX ON .ANY ~10N I ES PAID BY T HE
ST ATE PURS UANT TO T HI SCON TRACT. CONTRACTO R .KK:-JOWLEDGES THA T T HE CONTRACTOR .-I N D ITS
EMPLOYEES A RE :-JO T ENTITLED TO UN EMPLOYME:-JT INS Ll RA , CE BE:-JEF ITS UN L ESS T HE CONTRACTOR O R
THIRD PARTY PROV I DE S SUCH COVE RAGE A D THAT T HE ST ArE DOE S :-JOT PAY FOR O R OTH ERWI SE PROVIDE
SUC H COVERAGE. CO , TRACTOR SH A LL HA VE :-JO AUTHOR IZATION. EXPR ESS OR IM PLI ED. TO BIN D THE ST ATE
T O AN Y AGREEMENTS. LI AB ILITY. OR UN DERSTA N DING E'.,CE PT AS EXPRESSLY SET FO RTH HERE IN . •
CO TR ,I CTOR .ti A LL PR OV IDE A :-J D KEEP IN FO RCE WO RKERS'COM PE:-J S,\TION (AND PROV I DE PR OOF O f SUC H
I, SURANC E WHE:-1 REQUESTED BY THE STATE) A ND UN EM PL OY);IE NT COM PEN SATION I , SU RANCE IN T HE
A M Ol!NTS REQ U IRED BY L.\ IV. A N D SH ALL BE SO L ELY RESPONS IBLE FO R rHE .ACTS OF THE CON'fRACTOR. ITS
EM PL OYEES A N D AGE NTS .
5. NON-D ISC RIMI NATION.
The contract or agree s to comp ly \\ ith the lette r .111 d the -;pi ri1 11 ( all :.ippl ic:1blc ~1a1c Jn d ri:J cral la\\S respe ct mg J iscrimina tio n Jnd
un fa ir emp lo , rn ent pract ic ::s.
6. CHO ICE OF LAW .
The law s of tht: S1a1e of (.,[or::ido and -de,;; ;md rcgu lJtions issued purrna nt thereto sh:1II be app li c:d in !he m1erpre1;1iun. cxt:cu1io n.
and (nforc~ment \J f thi s contra ct. -\n ~ pro \ision of ~h i-. ..:o mra l.'.I. \\h~thc r or nu1 incorpor:1 11.'d he rein b~ n:!Crcnce. whi ch prov id es fo r
arbi trati on b~ Jn ~ C:\lr.l•JUdicia l bod~ \J r perso n or ,,!11ch is ,1 1hcrw1 se in cunrl ic1 ,\ilh :,aid law s. rn les. Jnd reg ula11 uns shall be
co nsidt:r cd iu ll and ,md . \.J oth ing i.:ontained in an~ provi sion inc orr ••r11ed hereiri b~ re1\!r enc e ,,hid1 purpor1 s 10 negate this or any
Ol hc r spc t::al prO\ is1 on in ,\hOI I.' or in p:111 sha ll bt: ,J lid or cn!Orci:abl c or J'-'aillb le in Jn ~ Jct ion .11 la ,\ \\hcther by wa~ of complaint.
defen se. or v1herw isi: . .-\n~ pro vi sio n rende red null Jnd void by the iJ pcrati on 11 ( !hi s provis ion \\ ill not ill\ al id::itc thc remai nder of thi s
.:ontrac t 10 1he exte nt 1ha1 the co ntract is capab lt: of e.xccu1ion . At all ti me s Ju ri ng 1he performance o f thi s .:o mrJ ct. 1he Co mract or
sha ll ,tn ctl~ adhere 10 all :i pplicablc fc k ra l and '>late l:1,\ ,. rule s .. 111d rc:;ula1 io ns 1ha1 ha,e bci:n ,>r mJ~ hcre:11icr be es1ab lished.
7. SOn'\\'-\R[ l'IR.-\C'\ PROHIBITIO;'J . GO\·ernor ·~ EHculi vt Ord er O 1102 00
\:11 -;,a1e 11r .. uhcr publi..: nmJ:, pJ~Jh k un de r !hi:, Co ntr:1..:1 ,hal' he u~cd ril r thi: JC1.ju1 ~1111m. ,1per:11 11 in ur num1 i:na m.:e ,1f ...:ompu1er ,0 1h,ure in
\ 1111.111011 ,11 I mli:d "IUh::, ..,11 p~ n~hl lJ\\S "r .1pplk:itil i: lkemmg rl0S1ric1i11n s. rhi: L',1mr:1,1 or hi:ri:h~ ..:cmrh:~ lhJI. 1i1r !he term 1" ;!,h ..:u nl i.lC I :tmJ
:in~ i:x11:1h1t)n,.1hc Cvmrach,r h:L, ,n placi: apprup rn1te :,~sti:rn s and ..:omrols tu pri:,i:nt ~u..:h 11nprnpcr tbt.. 11f publi i.: i'u nJ:,. lf th 1 S1:uc Jc1erm ini.:s that
thi: Cll n1 rac1or is m , 1ol o1ion 1Jr°1hi:, par.1grap h. the 'i tatc ma, ,·,i.:ri.:i sc .Ln~ n.:med~ J\ ailaM i.: .11 IJ,1 ,,r e4u1t~ vr under 1h1 :, cunl rJ .... m...:luJing. wi thout
limi1 ;11 1un . 1mmi:1liatc 1erm 111:i 1io n ,Jlt hi.: ..:on ir:ict .md .m~ r:rne1·~ consi:,tcn 1 \11th l.'1111cd -;1:11i.:s .. ·,1p ~n gh1 l;l\\:, ,,r appl:1.°:ihk lii.:cn sing rt..~lf ict iun s .
8, EMPLOYEE Fli'A/>C l.~L I NTE RE ST . C RS 14-18-101 & e ns 14 -5 0-so;
l'h e i ig n:Hone s J\ t:r tha 1 to th ei r k ilO\\ ledge . no cm plo~ec nf 1hc Siat e ,if C ll l11r:1d\J t1.1~ .111 ~ per c;tl n,11 ,lr benc!ic i:11 1ntere '>I wh;moevcr
in 1he ,cn.1cc ll r pro per1 ~ Je ~cribe d here m. •
• THE P . .\RTIES HERETO HA VE EXECUT ED THIS CONTRACT
CONTRACTOR:
Citv of Englewood
Legal Name of Co ntractin g Entity
84-6000583
Soc ial Security ~wnb er or FEIN
Signature of . .\uthorized Officer
Gary Sears, City ~anager
Print Name & Titl e of Authorized Office r
CORPORATIONS :
STATE OF COLORADO:
B;,, ,wens GOVERNOR
By ________________ _
Michae l L. Beasley. Exec uti ve Director
Department of Local Affairs
PRE-APPROVED FO R:VI CONTRACT KEVIEWER
(.-\ corporate seal or attestation is requi red.) • Attest (Seal) By __ """"'"--,---,----=----=--,-------
(C orp orote Sec retary or Equivalent. or Town1Ciry1Co un ry Clerk)
Loucrishia A. Ellis , City Clerk
. .\LL CONTRACTS :VIUST BE APPROVED BY THF ST..\ TE CON TROLLER
CRS :!-'-J0•202 req uires that the S mit Controller approve all mue co ntracts. This co nt rac t is not va lid until the Sta te
C ontroller. or such assista nt as he ma y delegate, has sign ed it. The contractor is not :1 ut ho rized to beg in performance until the
contract is sig ned and da 1r.d be low . Ir performance begin s plior to the date below . the St:-t e of Co lorado may noM!e obliga ted
to pay for the ~oo ds a nd/o r services provi ded. ':--
ST .HE CONT ROLLER:
Arthur L. Barnhart
By _______________ _
Rose \llarie . .\uten. Controller . DoL..\
Date _______________ _
•
Page 9 Which is the Last of 9 Page s
Exhibit 1
Sample COEM Grant Award Letter
Sample Amendment to Award Letter
and Attachment A
•
•
•
ST A TE OF COLORADO
• To m l'T"y F. Gner, Jr. -Directo r D1 v1s1on of Local Government ,.,-.
OFFICE OF EMERGENCY MANAGEMENT DEPARTMENT OF LOCAL AFFAIRS •
Sample COEM Grant Award Letter · .• , ,..:
_EM __ «Jurisdiction_lD»
INITIAL AWAAD _:O:_ 1NC REJ.SI!_ Dl!CREAS!_ CHANG E_
Pait 1. Accounting lnfonnation
1. Contr.lct Logging Inquiry Number (CLIN): ttCLlh»
2. Award and Encumbrance Number: -EM ---11Jurlsdlctlon_l011
Bill Ow ens
Governo r
Michael L Beasley
E11ecu llve Director
--
J . Accounting Line: [Prog. Name) CFDA #: __ . ___ COF RS : [CrgJl[ApprJl[GBLJl[RCATJl •ObjC ode• = [Amount)
4. Venc.:lor Number: •FEIN »
I Part 2. Grant lnfonnatlon
5. Master Contract Number: (c Umbrella_Contract»
6. Award Made tc Subgrantee: ccJurisdiction n
Award for; «Agency»
«Address• MAddress2»
11City », ,e state» 11Zip »
Remit Address lr Diffe rent:
• Responsible Adn,inistrator: «MrMs » «FirstName• ic lastNamu, «rlUe»
7. This Award Amount: [Amount] Total Awarded To Date : lfTot_to_Oate» Amount Requested : «AmtRequested»
Not,: Grant Award amount may be Increased or decreased by year .. nd rHllocatlon of funds. Total reimbursement shall not ••CNd %
of total eligible 1Xpen1n. j whlch may Included in-kind match -th is phrase to be Inserted whtln applicable). tf In-kind match phraii"is
included the following sentence will also be i ncl ud~d -jCash re imbu~ements will not excNd actual documented cas h expend itures).
8. ?erfcrmance Period : _, 20_, through----~ 20_.
9. Purpose : •
10. Scope: . _________________________ (mostgrantswillreferencethe
grant appt ica11o n or an nual prog ram paper and include the apcl icab re docu ment as Anachment 1.) --
11 . Grant Considerations: A copy of the fisca l te rm s and co nai tio ns entere d in10 by the Stale and the afo rement ioned
jurisdiction ,s attached (Attachment A). All attachmen ts hereto are 1ncoroora1ed by reference . (Spec ific reponing
documentatio n and other requirements wd l be listed here\
AU requests fo r re imbursement incl uding docu me ntation fo r an exp ens es a,e due 10 the CO EM no later than __ days c:ifte r
the end of the pe rforma nce period. CRS 24 -30-202 requires that the State Controller approve all state contracts. This
contract is not valid untll the State Controller, or such assista nt as he may delegate, has signed it
12 . Reviewed By : ___________ Date : ___ 13 . Issue d By : Colorado Office of Emergency Management
14. Approved : State Controll er, Arthur L. Barnhart ~-----,:-,-,----,.----,c--------Date: __ _
Tommy F. Grier, Jr., Di rec tor
A. Date : ___ _
Wi:iose Ma rie Auten, Controller, ,al.A
~ett~~~eptanc e of the grant implies agreement with the te· sand cond itio ns as s1a1 ed in the mast er con tr ac t ana th e atta ch ments to this
Page 1 of 1 Page
15075 Soulh Golden Road, Go lden, Coior,do 80401 -J979 (J 0J) 273 -1622 FAX (l03) 273 -17 95 TO O (l03) 273 -1794
STATE OF COLORADO ------------OFFICE OF .:.,lo!ERGENCY MANAGEMEN T
Tomm y F. Gncr, Jr. • Director Division of Loca l Government .,.,.,,· . .
DEPARTMENT OF LOCAL AFFAIRS •
Sample Amendment_ to • • ,. • ·
COEM Grant Award Letter
_EM __ «Jurisdiction ID»
IHITIAl.AWAltD __ INCRl!AS!_X.XX _ D!CREASI!_ CHAHGE.\P1r11.I)_
Part 1. Accounting lnfonnatlon
1. Contr.act Logging Inquiry Number (CLIN): uCLI N»
2. Award and Encumbrance Number: -EM ---«Jurisdlctlon_lD•
em Owens
Mlchael L Beasley
Execut111~ OlrKtor
3. Accounting Line: (Prog. NameJ CFOA #: __ . ___ COFRS : (Org]/(Appr)l(GBL]/(RCATJl•ObjCodo » • (Amount) -
,. Vendor Number: •FEIN»
I Part 2. Grant lnfonnatlon
5. Master Contract Number: «Umbrella_Contract»
8. Award Mad e to Subgrantee: 11Jurisdlctlon» Rem it Address if Different:
Award for; «Agency»
«Address• cAddresa2»
«City», ic State• uZip•
Responsible Administrator: ic MrM s» 1t FlrstName• HUistNam e», «Title•
7. This Awa rd Amount: {Amount Added] Total Awarded To Cate: icTot_to_Oatu Amount Reguuted: uAmtRequested•
tfot1 : GrantAwr.◄ amount may be increased or d1ereased by y11r-.nd real1ocatlon of funds. Total reim bursemen t shall not exceed %
ot total 11igible IXPt'nMI, fwh lch may included in-kind match -this phraH to be insen1d when appllcable). If In-kind match phriii"is
Included th• followi ng S1nt1nc1 w lll also be included -(Cash reimt-ursements will not exceed actual documented cash exp1nditurn).
a. Performance Period: _, 20_, through----~ 20 __ . (Perfonnance Period Exte nsion)
10 . Scope: • __________________________ (most grants will refere nce th e
grant application or annual program paper and include the applicable do -:umen I as Ana chment 1.)
11 . Grant Considerations: A copy of the fiscal term s and co nd itions entered inI0 ~Y the Stale and the aforemenlioned
jurisdiction 1s anached (Anachment A). All anachmen1s hereto are incorporated by reference. (Scecar.c :e..QQ!!.!!!g.
g9cumenIation and othe r requirements will be listed here)
All requesIs for reimburs eme nt includ ing documentalion fo r all expens es are due to the COEM no later than __ days after
the end of the performance pe rio d. CRS 24-3 0-2 02 requires that the State Controlle r approve all state c ontr acts. This
contract Is not va lid unti l the State Controller, or such assistant as he may delegate, has si gned it
•
•
Re viewed By : ____________ Oate : ___ 13 . lssued By : Colorado Office of Em erg,mcy Management
14. Approved: Sta te Contro ller , Arthur L Barnhart Cate: __ _
To mmy F. Grier, Jr., Director
By : _______________ Date: ___ _
Rose Marie Auten, Controller, OoLA • NOTE: Acceptance of the granl ,mplies agreemen l w1lh the terr· s and co nd itio ns as slated 1n the master contract and the anachments to this
awiralener.
Page 1 of 1 Page
15075 South Golden Ro•d. Golden, Colorado 80401-J979 (J0J) 273 -1622 FAX (303) 273-1795 'DO (303) 273-1794
ATTACHMENT A
I. Compe nsatio n and Method o f Pavrnent
• A. General:
•
•
The State agrees to pay the Sub-Grantee, in considera ti on for the work and services to be performed,
an amount not to excee d the amount awarded to date . Payme nt will be made to the Sub-Grantee upon
receipt of legitimate invoices or claims from the Sub-Grantee fo r vendor services or other eligib le
grant expenses. Such invoices will be summarized with the original supporting documents to be kept
on file bv the Sub-Grantee . In specific cases where a Sub-Grantee may have a cas h-flow problem,
verified by the State, the State may reimburse the Sub-Grantee based upon unpaid vendo r invoices or
Purchase Orders (PO). In these cases, which are exceptions to nonnal practice, the Sub-Grantee shall
be responsible for payment to the ve ndor upon receiving funds from the State, and for providing proof
of such payment to the State·.
B. Advance of Funds:
Some federa l grants such as those for Disaster Assistance and for the Chemical Stockpile Emergency
Preparedness Program provide for an advance of funds. In such cases where the federal grant program
allows for ad·,ances , it will the State's (COEM) decision as to whether specific Sub-Grantee's
situation warrants the use of an advan ce . In cases where an advance of funds is authorized by the
State, the Sub-Grantee will be responsible for maintaining expendirure records, and reconciling such
expenditures with the advance of funds, based on a reporting sc hedule determined by the State. Funds
so advanced wi ll be maintained in a non-interest bearing account by the Sub-Grantee until the time of
expendirure .
C. Year-end deobli2ation-reallocation of funds:
A potential exists that the total amount of the grant award may be increased or decreased as a result of
a year-end deobligation or reallocation of funds made by the State . Such actio n may occur afte r the
end of the performance period for the grant. Such an action wo uld either deobligate funds not
expended by this or another Sub-Grantee an d/or reallocate funds to reimburse eligible program
expenses incurred by this or another Sub-Grantee during the perfonnance period , for whic h
reimbursement has not been previously made. Such reallocation 0f funds shall not excee d the
percentage of reimbursement, identified in the Grant Award Letter, of to tal eli gib le expenses inc urr ed
by the Sub-Grantee. Such ar•ions will be made by Grant .-\ward Lener Amendment, ind icating the
amount of the year-end deobhgation or :eall oca ti on of funds made for the fiscal year , fo r each eligib le
jurisdiction. This Amendment will be signed by both the Director of the Colorado Office of
Emergenc y Management, and the Department of Loca l Affairs' designee authorized to sign for the
State Controller. The Grant Award Letter Amendmer.t will be a valid contract amendment , effective
retroactive to the contract ~erformance penod.
2. Current Award Period -This award sha ll be effective from the firs t date show n in the performance
period on the Grant Award Letter until ninety (90) days after the final date shown in such performance
period. For grants of an annual recurring nature the performance period routine ly runs from Octo ber
1 of one year through September 30 of the next year. The federal appropriat ion pro cess and in cases
of di saste r declarations, the disaster declaration process is such that the actual funds fo r ·hese
pro gr ams normally do not become avai lab le to the state until after the starti ng date of the performance
period . This results in grant award letters being issued by the state for a performan ce period which
Page l of ~
may have started several months previously. The Sub-Grantee may have incurred eligible program _
ex pense s during thi s peri od and is, there fore, entitled to re imburseme nt for same under the terms and
conditions of the grant program .
3. Amendments -All additional award leners issued under the Initia l Award will be considered •
amendments only to the amounts or provisions in the Initial .'\,ward. All additional amounts awarded
subsequentl y under 1his Award will be su bject to all of the terms and conditions anached 10 this
Award unles s spe cifically amended therein . The State may request change s in the scope of services or
any othe r provis ion in the award lener. Such changes in the scope of servic es or other provi sio n shall
be in writing via !he issuance of an amended award lener, and shall be incorporated herein as part of
this award . An y revisions to the scope of service s or any oth er aw ard provision initiated by the
Contractor must be approved by the St1te and fo rmalized through an amendment to the award letter.
The Grant Award Letter amendment shall not be deemed va lid until it shall have been appro ved by lhe
State Controller or his designee.
4. Financial Manage;nent -At all rimes from the effecti ve date o f this grant until cornpletion oftbis
project, the Sub-Grantee shall maintain properly segreg ated books of state funds, matching funds , and
other funds associated with this project. Sub-Grantee shall be responsible for accounting for and
reporting on 1he required non-federal match fo r this grant , if one is re quired , either in hard or in-kind
match as provided for in applicable regulati ons. Records shall be maintained in accordance with
applicable local and state procedures and in accordance wi th appl.cable Ol',,[B Circulars (A-87-110).
S. Rep orti ng . The Sub-Grantee shall meet all reporting requirements in acc ordance with the the n
current program policies and any subsequent forms and related program policies as required by the
Federal Funding Agency or the Slate Office of Emergenc y Managemen t (COE !vl). All changes of
polic ies or forms for the CO EM shall be ITansmitted to Sub-Grantee in writing. •
6.~.
a ) Discretionary Audit. The State. through th e Executive Director of lhe Department, the
State Aud itor, vr any of their duly authorized representatives and the fed eral government or any of ils
duly authorized representatives shall have the right lo inspect, examine and audit the Contractors and
any subcontractors records , books, accounts and other relevant documents . For the purposes of
discretionary audit , the State specifically reserves the right to hire an independent Certified Public
Accountant of the State's choosing. A discretionary audit may be requested at any time and fo r any
reason from the effective dat e of this Contract until five (5) year,; after the date of each grant's offic ial
cl ~~eout, provided that the audit is performed duri ng normal business hours.
b) Mandatory Audit. Whether or not the State or the federal government calls fo r a
discretionary audit as provided above , the Contractor shall inc lude the Project in its annual aud it
report as reqw ,red by 0MB Circular A-133. and/or the Colorado local Government Audit law, 29-1-
601, et seq, C.R.S ., and State implementing ru le s and regu lations. Such audit re ports shall be
simultaneously submitted to the Department and the Slate Audi tor or federal agency as applicable .
Thereafter, the Contractor shall suppl y the Department with copies of all cor•espo ndence from the
State Auditor or applic 2 ble federal agency related to the re levant audit re port . If the audit reveals
evidence of non-compliance with ap plicable requirements . the Depa rt ment reserves the ri ght to
institute com pliance or other appropriate proceedings notwithstanding any ot her jud icial or
adm inistrative actions filed pursuant to 29-1-607 or29-1-608 , C.R.S .
7. INDEPE NDENT coN-RACTOR. 4 CCR 801 -2 · THE CONTRACTOR SHALL PERF OR.\,( •
ITS DUTIES HEREUNDER AS A.i'I INDEPENDE NT CONTR.-\CTOR AN D NOT . .\S .-\N
EMPLOYEE . NEITHER THE CONTR..\C TO R NOR . .\.'iY AGE !'<T OR EMPLOYEE OF THE
Page 2 of -I
• CONTR.l.CTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF
· THE -SH TE. CONTRACTO R SHALL PAY WHEN DUE AL L REQUIRED EMPLOYMENT
TAXES . .\ND INCOME TAX AND LOCAL HEAD TAX ON A.1'N MONIES PAID BY THE
STA TE PURSUANT TO T'IISCONTR..>.CT . CONTR>.CTO R ACKNOWLE DGE S THAT THE
•
CONTRACTOR AND ITS EMPLOYEE S ARE NO T ENTITLED TO UNEMPLOYMENT
INSURANCE BE NEF ITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH
COVER.l.GE AND THAT THE STATE DOES NO T PAY FO R OR OTHERWISE PROVIDE SUCH
•
•
COVER.l.GE . CONTRACTO R SHALI HA VE NO AUTHOR.lZA TION , EXPRESS OR IMPLIED,
TO BIND THE STATE TO ANY AGRLEMENTS, LlABil.ITY , OR UNDERSTANDING EXCEPT
AS EXPRESS!.. Y SET FORTH HEREIN . CONTRACTOR SHALL PROVIDE AND KEEP IN
FORCE WOR.l(ERS 'COMPENSATION (AND PROVIDE PROOF OF SU CH INSURANCE WHEN
REQUESTED BY THE STATE ) AND UNEMPLOYMENT COMPENSATION INSURANCE IN
THE AMOUNTS R.EQUJRED BY LAW , AND SHALL BE SOLELY RESPO NS IBLE FOR THE
ACTS OF THE CON TRA CTOR , ITS EMPLOYEES AND AGENTS .
8. Contract Tennin ation . This Contract may be terminated as follows:
a) Termination Due to Loss ofFunding. The parties hereto ex pressl y recognize that the Contractor is
lo be paid, reimbursed, or otherwi se co mpensated with funds provided 10 the St ate fo r the purpose of
contracting for the se rvices provided fo r herein , and therefore , the Contractor expressly understands
and agrees th at all its rights , demands and claims to co mpen sa ti on arising under this Contract are
contingent upon re cei pt of such funds by the Stale. In the event that such funds or any part thereof are
not recei\'ed by the Stale , the Slate may immediately terminate or amend this Co ntrac t. To the ex tent
that the Contractor must expe nd funds other than those pro vided by the State un der this Agreement or
must pro vid e in-kind serv ice s in pe rfo nning the work agree d up on hereunder, the State agrees that
said ex penditures and in-k ind servi ces are subject 10 the availability and annual appropri ation of funds
by the Contractor for said purpose.
b) Termination for Cause. If, through an y cause , the Contractor shall fail to fulfill in a timely and
proper manner its obligations under th is Co ntract , or if the Contract or sh all vi olate any oftbe
covenants , agreements, or stipulation s of this Contract , the State shall thereupon have the right to
tenninate this Contract fo r cause by givi ng written no tice 10 the Co ntractor of such termination and
specifyin g the effective date there of, at least twe nty (20) days before the effective date of such
terminat ion . In that event, all finished or unfinished documents , data . ;rudi es , surveys, drawings ,
maps , models, photographs , and repo11s or oth er material pr epared by th e Co ntnct or under ili.is -
Contract sh all , at the opt io n of the State, become its pro perty, and the Contracto r shall be entitled to
receive just and equitable co mp ensa ti on fo r an y satis factory work com pleted on such docume nt s an d
other materials .
No twithstandin g the above , the Co ntracto r shall not be relieved of liability to the Stale fo r any
damages sust ain ed by the State by vi 11Ue of any breach of the Cant re.cl by the Contractor , and the State
may wi thh old any payments 10 the Cont racto r fo r the purpose of offse t unti l such ti me as the exact
amount of damages due the Stale from the Contracto r is determined .
c) Termination fo r Co nvenience -Th e Stale may termina te the contract at any time the State desires.
The State shall effe ct such terminatio n by gi ving wrinen notice of the termina tio n 10 the Con trac to r
and spec ifyi ng the effective dale th ereof, at least tw enty (20) days befo re the effective date of such
tennin ati on. ln that eve nt all materials and docume nt s as desc ribed above shall, al the opti on of the
State, bec ome its property and the Co nt ractor shall be entitled lo receive just and equitable
compensation for any sati sfactory work compl eted on such ma terials and documen ts.
Page 3 of ~
9. Severabilitv -To the extent that this activity may be executed and performance of !he obligations
oflhe parties may be accomplished within the intent of the terms and conditions, lhe terms of the
agreement are se verable, and should any tenn or prov ision hereof be declared invalid or become
inoperative for any reason , such invalidity or failure shall not affect lhe validity of any other term or •
provision hereof. The waiver of any breach of a term hereof shall not be consaued as a waiver of any
other term nor as waiver of a subsequent breach of the same term .
10 . Assignment. Neither party , nor any subcontractor hereto, may assign its rights or duties
pertaining to this grant without the prior wrinen consent of the other party.
11 . Non-discrimination -The Sub-Grantee shall comply with all applicable state and federal laws ,
rules, regulations, and executive orders of the Governor of Colorado involving non-discrimination on
the basis of race, color, religion, national origin, age , handicap, or sex . Contractor may utilize the
expertise of the State Minority Business Office within the Office of the Governor, for assistance in
complying with the non-discrimination and affirmative action requiremer.ts of this grant and
applicable statutes .
12 . Compliance with Federal Agreement Term s and Conditions• Federal Law -Rules and Regulations
The Sub -Grantee shall comply with all tenns and conditions the State has entered into with the federal
government as a part of the grant application process and as spelled out in the grant agreement
between the State of Colorado and the Federal Granting Agency, and all applicable federal laws, rules,
and regulations related to this program. These include , but are not limited to , compliance with the
following :
• Americans with Disabilities Act including Title II, Subtitle A/24, U.S.C . Sec . 12101 et seq and •
implementing regulation s.
01\,ffi Circ:ilar A87, Al IO, A122 , and Al33 as applicable
31 U.S.C. S 1352 -Prorubition Against use of Federal Funds for Lobbying .
Pri vacy Act of 1974, 5 U.S.C. S 5529 and Re gu latio ns adopted thereunder.
:ic ati on require d by 49CFR Part 29, "Go vernm ent Debarment and Suspen sion."
Dru g Free Wo rkpl ace
Titl e VI of the Civil Ri gh ts Act 42 U.S.C. Sec. 2000 d-l et seq and its impl ementin g regulation 44
C.F .R. part of et seq.
G:\Gl'l)\A dm1nicontr.1 c:..1\wa.i 'lcr02\ \tucl\A-:002
Page 4 of 4
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COUNCIL COMMUN ICATION
Dale:
Apri l 19, ~00 -l I Agenda Item :
I I ,1 ii
lniliated By: Sa te tv Se n ic e :,
COUNCIL GOAL AND PREVIOUS ACT ION
l n tergo\'ernm en tal c o operation .
RECOMMENDED ACTION
I Subject: ln tergm ern111 e nt~1I Agreem en t fo r
ColorJdo [111 ergcncy MJ11~1ge 111 en t
I
Staff Source: Fir e Division lla llalion Chi ei
D on Sc hoe nbein
Approval of th e Intergovernm ental Agree ment (IG A) betwee n th e State of Colo rado Office o f
Em erge ncy Manage m ent (COEM) and th e City of Engl ewood for rece ip t of funds awa rd ed to th e
City for em ergency mana ge m ent ac ti viti es .
BACKGROUND, ANALYS IS ANO ALTERNATIVES IDENTIFIED
In 199 -l th e D epart m ent o f Safety Serv ice s Fire Division implem ented a newly d eve lop ed Federal
Em ergency Manage m ent A gency (FEMA ) nati o n~! program to edu cate, train and support ci ti zens in
resp onse and recovery fr om maj o :-em erge nci es and disast ers. Th e progra m, Commun ity
Emergency Response Team (CERT) continues to be part o f th e pu blic educati o n and support effo rt s
of th e Fir e Divisi on . In 1995 th e p ro gram was offered to th e M edical Prepa rati o n Program of the
A rapahoe / D o uglas County A rea Vo cati onal Sc hool (,\DAVS) located at th e Lowell Ann ex /
Engle\\ oocl High Sc h ool. It has b ee n pa rt of th e curri culum eve r sin ce. Sin ce I 99-l Fir e Divisi on
p erso nnel have train ed mer 200 ci tizens and 350 AD A VS stu dents on di sas ter p reparedn ess , bas ic
fi re sup press ion, em ergency medical prac ti ces, ba sic sea rc h and resc ue techniques, tea m w ork,
dis aster p sychology and terro ris m . In addi tion to th e educati onal component, th e ci tizens and
stu dent s h:we th e o p por tuni ty to prJc tice th e skill s learn ed in moc k drill s and tabletop exe rci ses.
The Ci ty of Englewood was on e of th e first juri sdicl io m in th e count ry (and th e first in Colorad o ) to
offer th e CERT p ro gram to it s c itize ns and the fir st nati onw id e to offer i t at th e h igh sc h ool level.
This gra n t prO\ id es th e Cit v \\ ith th e ability to co ntinue provid ing thi s ess ential program to prepare
c itizen s to miti ga te and resp on d to in ci dent s th at effec t th eir lh s, health and safety. In th e wa ke o f
Se pt ember 1 I, ~00 I th e Fe der.ii Govern ment m.1 de ci ti zen preparedn ess a pri o rity, usin g the CER T
program as th e \ ehicle to reac h th ose ci ti ze ns.
In fi sca l \ ear ~003. t he Fire D i \'is ion applied for and received approva l of a grant irom th e Federal
Em erge nq M ~111.1 ge m ent Ag encv (FEMA ) to upgrade team trai n in g and equi p m en t. The granl was
o ri ered .rn d ap pro\'ed w ith o ut need 0 1 111atchi1 :g tu nd s an d w as gra11ted thro u gh th e State 0 1
Co lorado, D ep ar tm ent ot Lo cal Affai rs. Oi \'ision of Local Governm ent, O ifice of Em ergency
,, \anage m ent. Disp ersa l o f fun ds w as th en ro ut ed th ro ugh th e ;\rap ahoe Co unty Sheri ff's Office as
• th~ Loc al Em ergency Pl .i n nin g Commit tee (LEP C).
FINANC IAL IMP ACT
Thi s Intergovernm ental Agreement will all o w th e State to disp erse fun ds di rec tly to the Cit y th ereby
red uci ng th e n um ber o f age nci es required to hand le th e fund s, thu s red uci n g reim b urse ment tim e.
UST OF ATTAC HM ENTS
Pr o pose d Bill fo r an O rdin ance .
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