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Home My WebLink Aboutbocc.res.091.2008~~S~GUI`/GU. ~~j. D~l-,~OO~ RESOLUTION OF THE COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ACCEPTING A GRANT OFFER FROM THE COLORADO DIVISION OF EMERGENCY MANAGEMENT (CDEM) FOR TEXT PUBLIC INFORMATION AND WARNING SYSTEM Recitals: The Colorado Division of Emergency Management (CDEM), through an agreement with the Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), distributes Emergency Management PerFormance Grant (EMPG) federal funds to qualified local governments for emergency management activities. 2. The Pitkin County Emergency Management Department has been awarded a CDEM grant in the amount of $7,500.00. 3. As approved by the CDEM, funded activities may include up to 50% of the expenses for an approved "Special Project", described in the grant application. Essentially, the "Special Project" will provide a public notification and wa~rning system launched via the internet for technological devices such as cell phones, pagers, and computers (e-mail). NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO: That the CDEM grant offer up to $7,500 is accepted by the Board of County Commissioners. 2. That the Emergency Management Department is authorized to proceed with the "Project", which has been approved under this grant. 3. That this Resolution, and the Grant Award Letter, shall be available for public inspection during normal business hours in the office of the ~ Pitkin County Clerk & Recorder, Pitkin County Courthouse Annex Building, 530 East Main Street, Aspen, Colorado 81611. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON JULY 23, ' 2008: NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON JULY 27, 2008. ADOPTED AFTER FINAL READING AND PUBLIC HEAR(NG ON AUGUST 13, 2008. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON AUGUST 17, 2008. ~ ATT~ : BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO i ' ~ B ~'~~' ~~ , y. , Je nette Jones Jac atfield, Chair D puty Counfiy C rk ` ~ . Date; ~`'l3^~~ APPROVED AS TO FORM: Jo~rf Ely, County MANA~~PROVAL: ~ ~ Hilary Fle er, County Manager RECOMMENDED FOR APPROVAL: ~~~~~ ~( L ~ Ellen Anderson, Emergency Management Coordinator ~ 2 , ' ~ ', ; ~ _ ...... . __-_- f~1t?~(..~.f~~ t?31~3~~C~ ~ ~~Y' r7`1'~ 4'n f t3 s'"~~+ y' ~ ~ STATE l7F C(~LORADQ DEPARTMENT OF LOCAL AFFAIRS ~~.oF•co~ DIVISEON OF EMERGENCY MAf+IAGBMENT y'"i o Hans Kallam, Director * ~ * * * ~ 1876 ~` CDEIUI Grant Award Le~ter ~ sff! Rltter, ~r. Governar SEM7S50 ' INITIAL AWARD XXX 1NCREAS~ DECREASE CHANGE .:: ... ........:..: ...:...,::.. .~,..~::._. . - - ~,~_:-:>::,.:;-~~::..:. - - - - - - - .::~.;_ - ;a~::::_~ ~..~...,.......~~.. ~-- .r :_.::,::.~.~:..: ,_ ~v.,::-<~_, :~~~ ~:;• - - - .:. ::~1., .:~:_ - ?=~,% _ - - :;P,t _ _ >. . : _.:. ..:~.:.; :,: :::- - - ai:3`• - - - _ _ 'r-~ __ - _ - _ :: ~2'.~ .. . ~~~« ~ M4v;G 4' u;~ >~n:; ... . ~ ~ "'t:'' r R e~' :"e ta ~:r~" ~o ''ti~; ~. ;:~ Q.7-:,~.: ,P`~:~..,.r~i. ~:<G:.;an~==ari:f:..rrr~:a,.,o'~i~~: : ....:: .. ~. .. .. ....: . , ~: ~-_. :::: ...:._.....,.~ k....:.-.<~-,.,.::..:._:_.,.._:~.:y:.::~;.::;:;.........." - 5, Master Contract Number: 7EM5d 8. Award Ntade to Subqrantee: Pifikin Caunty, Susan @. Kirkpatrfck Executive Director 1. Contract E.ogging inqu~ry Number {CLIN); 4140'f 2. Award and Encumbrance Number: 8EM7S50 3. Accounting Line: EMPG-07 Supp CFDA #: 97.042 COFRS: SBUOl77GIF7LG1377GI5120 =$7,~d0.00 4. Vendor Number: 846D00794 B Pitkin Gaunty ~mergency Management ~~ 566 E. Main St. ~ ~ Aspen, CO 81611 , Responsible Admfnistrator: Ms. ~Ilen Anderson, Emergency Management Coordinator 7, This Award Amount: $7,500.Q0 Tota! Awarded To Date: $7,504.00 tJote: Grant Award amount may be increased or decreased by year-end reallocation of funds. 7otaf reimbursement shall not exceed 50% of total eligible expenses. 8. Performance Period: March 24, 2008, through June 30, 2Q09 9. Purpose: -"fhe Colorado Division of Emergency Management (CDEM}, through an agreement with the Departrnent of Homeland Se~urity, Federal Emergency Management Agency (FEMA) distributes Emergency Management ~ertormance Grant (EMPG) federa[ funds ta qualified tocal gouernments for emergency management activities. 10. ScOp2: - As approved by the Colorado Division of Emergency Management, #unded activi#ies may inciude up fo 5Q% of the expenses for the approved "SPECIAL PROJECT" described in the EMPG 2007 Supplemental GrantApplication {A#tachment 1). NQTE: If requested and approved in the budget, a maximum of 3% of the federa) share af fhis award rnay be used for Management anc4 Administrafion (M8~A) purposes, Additional expenses in tFte M&A category may be funded by the required non-federal . . . matoh expenditures: . ...... .. .. .. . . . .. . . . . ......................................: .................. ............... 91. Grant Considerations: - A copy of the fiscal terms and conditions entered by the Sfate and the aforementioned govemment jurisdicfion is attached (Attachment A). All attachments herefo are incarporated by reference. Any changes in the scope af the approved project and/or any cumulafive budget changes beyflnd 14% of the tatal grant must be pre-approved by the CDEM. A written amendment fo this award must be executed to document the approval of the re~ised scope and/or 6udgef. Ail requesfs for reEmbursernent must be submitted to the CDEM no later than 45 days after the end af the performance period. After aIl for re~mbursements for #he perFormance of this award have been paid, any balance of funds on #his award wil( be deobligated. CRS 24-30- 202 requires that the State Contraller approve all state contracts. This contract is not valid unti! the Sta#e Controtler, or such assistant as he may delegate, h s'gned it. - ~S 2. Reviewed Bv: %~"//.,r,~G'Y' .~i ~ Date~ 13~ Issued Bv: Colorado Deparfinent a# tocal Affairs WiE(iam F. Archambauit, Jr. 1~~~ Div' ' #-~a enc Mana ement ~, ~, Y 9 14. Apuroved: State Controllsr, Leslie M. Shenefelt Dafe: ~~( ~~ ~ ~~'Susan E. Kirfcp rick, Executive Director By: ~ Rate: ,~!'~ 3~ (~~ Rose ie Auten o troller, Do FtOTE: This Award Letter serves as notice to proceed with work appraved under this grant. Acceptance of the grant implies agreement with the ierms and conditions as stated in the master contraet and the attachments to this award lefter. Page 1 of 1 9195 E Mineral Ave., Ste. 200, Centenniaf, CO 80142-3549 (720) 852-6600 FAX (720j 852-8750 ~ wy ,~y ~ ' ~ i~ '~ .~~ ~ ~ ATTACHMENT A ~ 1, Comqe~satlort and Methal af Pavment q. General: The State agrees to pay the Sub-Grantes, in oonsideration ior the worlc and services ta be pert'omledf an amount not to exc~ed the amount awarded to date. Pay~r~ent wiii be made to the Sut~--Grantee upon receipt of legitimate invaices or daims from tha Sub-Grahtee far vendor services ar other eligible grant expenses. Such invaices will be summarized w+th the originai supporting documents to be tcept on ~ile by the Su~Grantee. ln speaflc cases where a Sub-Grantee may have a cash-ftow pro#lem. veriRed by fhe State, the State may reimburse the Sub-Gran#~e based upon unpaid vendor involces or Purchase Orders (P~y. In these cases, whicFi are exc~gtlans to nortnat prac~ics, the Sub- Grantee shall tae respansible !ar payment to tl7e vertdor upan receivtng fi~nds from the State, and for providing proof of such payment ta the State. B. Advance of Funds: Soms federa) grants sucFi as those for Disaster Assis~ance and for the Chemtcal Stockpile Emergency Prepaoedness Prograrn prov~de for an advance of funds. In suct~i cases wttere We fedsral g~ant program altowa for a~ance~~ it wiU ~ha Stata'~ (CDEMj decision aa to whether specific Sub- Grantee'e a~itua~on warranb the use oT an advance. !n cases where an advance of fursds is authorized by the State, the Sub-Grantee wili be responsibie for maintainfng expenditure rec:ords~ and reconcilEng suct~ expenditu~es with the advanve of funds, based on a reporting schedute determined by the 5tate. Funds so advanced wilt be mafntained in a non-interest bearing accaunt by the Sulr Grantee until the tima o/ axpenditure. . ~ C. Year-end deobiiaatlon-rea~loca~an of funds: A paten~at exists that the totai amount of the grant award may be increased or decreased as a result af a yeac-end deobliga~on or realtocation.oifunds mad~_~~cthe..Stats._ Such-ac~t-~a~ e~FaRef----.._. -~- ----- .... ...- _. tkre~~er~d-~tK~pe~om~ance pe~id for tlie grant Such an ac~on waufd either deobligate funda not expended by th(s or another 3ub-Grantee and/or reatlocate funds to reimburse eligible program expenses inwmed by this or another Sul~-Grantee during the perfarmance period~ for which reimbursement has not bean previously made. Such reallocatlan of tunds shall not exceed the percentage af retmbursemertt, identNied in the Grant Award Letter~ of total eligibls expenses Incurred by the Se~b-Grantee. Sudt actlons will be made by Grant Award l.etter Amendment, tndlcating the .. .. ... amount of the year-end deobtigation ar reallaca~an of fe~nds made for the Tiscat year, tor each etigible _. .. .. jurisdictlon. ~This Amendment rnrtll be signed by both the ~Exet~at~iie DirectoF~of~the~Department o~ Local Affa~rs, and ths Department of Lacal Affairs' designee authorized to sign far tha State Controtter~ ar tfieir designees. The Grant Award Letter Amendment wi!! be a vafid contract amendment, effective retroac~ve to the contr~ct performance perfod. 2. Current Award Period - Th!s award shaii be effectlve from tfie first daEe shown In the performance periad on the Grant Award Letter unti! ninety ~90) days afte~ the frnal date shown In such pertormanca period. Far grants of an annua! recurring nature the perFortnance period routinely runs from October 1 of one year tfirough September 30 af t~e next. year. The federai appropriation process and in cases of disaster deGarations, ihe d'ssaster declaration pmcess is such fhat ttre actual funds for thesa programs normaity do not become avaitabte ta il~e state untit after the s#artjng date of the performance period. Thls resufts in grant award letters befng lssued by ~he sta#e for a performance , period wh~ch may have started severaf months previously. The Sub-Grantee may have incurred eligibte program expenses during this period and is, therefare. entitled to reimbursement fo~ same under the tetms and conditiona of tha gran! program. 3. Amenciment~ - All additianal award tetter~ issued unde~ the Init~al Award wii! be considered amendmenW oniy to the arnoun#s ar provisions in the Initial Award. All additianal amounts awarded Page 1 of 4 ~I ~.Y r~ • ~" ~ubsequenvy under thls AwaM wilt be subJect to all of the terms and condi~ons attached ta thfs Award ' u~tess specifical~y ~amended therein, The S#ate may request changes in the scape of services ar any ower provisfon in the award fetter. Such changes 1n the scope af services o~ other provisfon shalt be in wri~r~9 v~a t~e issuance of an amended awand fetter. a~d shaN ~e incarporated herein as past of this award. Any revisions to the scope of servic~s or any other award provislon Iniaated by the Contractor must be appraved by the State and tormalized thraugh an amendment to the award letter. The Grant AWard Letter amendmertt shall r~ot de deemed valid un~l it shail have been approved by the State Controllet or his designee. ~ 4, Finandai Ma_ nag„emg.nt - At ail bmes from the effec~ve date of this grant undl compiebon af this proJect, the Sub-Grantee shal{ maintain properiy segregated baaks of state funds. matching funds, :, and other funds assoc'sated wi#h this project. SuEr~Grar~tee shalf be responsib(e for accounting ior and repo~ting or~ the required ~on=federal match for th~s grant~ if one is required, either ir~ hard or tn-k~nd matclt as provided far in appiicabte regu~a~ons. Recortfs shall be maintained in accardancs with applicab(e foca) and state procedures ancf in accordanc~ with applfc~at~le OMB Cir~ulars (A-87-110}. 5. Re 'n - The Su~-Granfee shall mest all repor~ng requirements in acca~dance with the then current program pdir~es and any subsequent forms and refated program palicies as reGuired by the Federat Funding Agenay o~ the S#ate Divisbn of Emen3ency Manag~amant (CDEM). Ali changes of pofides or fo~ms tcx the CDEM shafl be transmitted to Sub-Grantee in wri~ng. . s. A~,a~. a) Discredanarv Audi~ The State~ thraugh the Execu~ve Directar of the Department; the S#ate Auditor, or any of the~r dWy authorized represenlatives and the fadera! govemment or a~y a# its duly ae~thorized representathres shatl have fhe righ# to inspect, examine and audit the Contractor's and ar~y subcontractor's recards, books, aocaunts and oiher relevant documer~ts. Far the purpases of discxetlonary audit, the State specrtically reserves the right to hine an independent Ce~ifled Pub((c Acoountan# of the State`s choosing. A discreUonary aud'~f may be requested at any ~me and ttx any reason fram die effective date of thig CortEract until five (5} years after the date ~t each grant's offic~al closeout, provided that the audit is pe~formed~during_normai_business haurs,_.__._... ... ...-----.-..... ...------ ._.._._.. b} Mandatorv Audit Whether or not the State or tha federat govemment catls for a dtsr.re#onary aud~t as provided above, the Can#ractar shali indude the ProJect in its annual audit report as raquired by OMB Circular A-133~ andiar ttte Cotarada Locai Gavemment Audit Law, 29-1- 601, et seq, C.R.3., and Sta#e implsmenting rules and r~egulatlan~. Such audit reports shalE be simuitaneousty submitted to the Department and the Stata Auditor or teclera~ agency as applicabfe. Tt~ereafter~ tt~e Cantractor shaif supPiy ~e Depariment with oopies of ali ~spondertce from t~e ... ..... State Audibr ar~ ap~icab~e federal ager~cy relat~d to the relevani audit report, 1f tfie audit reveals . ... . evfdence ot non-~ampitance with ~ppltcable requirements, the ~epartmer~t reserves the right to t~stitute comptiance or other appropriate proceedings notwithstanding any ofher judic#al ar administra~ve acdons filed pursuant to 29-1-607 or 29-1-6Q8, C.R.S. 7.' INDEPENDENT CONTRACTOR, 4 CCR ~Ot-2 - THE CONTRACT~R SHALL PER~'ORM fTS DUTIES HEREUNDER AS AN INDEPENDENT C(3NTRACTOR AND NUT AS AN EMPLOYEE. NElTtfER THE CONTRAGTOR NOR ANY AGENT 4R EMPLOYEE OF THE CONTRACTOR SHALL BE QR SHALL BE DEEMED T4 BE AN AGENT ~R EMPLOYEE OF THE STATE. CONTRACTt~R SHALL PAY WHEN DUE ALL REClUiRED ~MPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THISC~NTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CQNTRACT4R AtVO tTS EMPLQYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENE~ITS UNLES3 THE C4~ITRACTOR OR THIRD PARTY PROVfDES SUCH COVERAGE ANO 7HAT THE STATE OOES NOT PAY ~OR OR OTHERWiSE PRQVlDE SUCH COVERAGE. C4NTRACTOR SHALL HAVE NO AUTH~RlZATiON, E3tPRESS OR iMPLIED, TO 81ND TME STATE TO ANY AGREEMENTB. LIAB!l.ITY, OR UNDERSTANDlNG EXCEPT AS ~XPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PR~VtDE AND KE~P tN FORCE WORKERS'COMPENSATION (AND PROVIDE PROO~ OF SUCH ~ Page 2 of 4 ~ :~.- . ~ . •r }NSURANCE WHEN REQUESTED BY THE STATEj AND UNEMPLOYMENT COMPENSAT(ON ' INSURANCE fN THE AMOUNTS REQUf~tED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FpR THE ACTS OF THE CONTRACT{?R, iTS EMPLOYEES AND AGENTS. g, Contract Tefrnlnation. This Cantra~i may be terminated as failows: a~ TeRninatlon Due to Loss of FundinQ. The pa~tes hereto expressiy recagniYe that the Contractor is to ba paid, reirnbu~sed, or otherw+se campensated with funds provided to the State !or the purpos$ of contrac~ng for the services provided tor herein, and therefore, the Cantractor expressly understands and agrees tl~at ali it~ rights. demands and ctaims tb compensa4on a~ising under this Contrad are con~rigent ~pan recetpt of such funds by ft~e State. 1n the event that such funds or any part tfiereof are not received by the State, lhe State may immediatety termina#e ar amend this Contract To the extent that the Contractar must expend funds ather thart t~ose p~vided by the Sta#e under this Agreement or must provide in-kind services in perfoRning the woric agreed upon hereunder, the State agrees t~tat said expenditures and i+n-kind services are subjeci ta the availabifity and annual appropriation of f~nds by the Contractor far sald purpase. b} Termina~on for Cause. ff, through any cause~ the Contractor shal! fail to fulfill in a timety and proper manner its abligatlons under this Contract, or it the ConVactar shail vlolate any of the covenants~ agreements, or stlpulatlans ot this Contract, the State shaU thereupon have the right #o terrr~lnate this C~ntract fo~ ~au~e by g~+ing written natlce to the Contractor ot such termina~ton and specifying fhe effective date thereof, a# Eeast twenty (2Q) days hefare the effective date of such tenmina4on. in that event, afl ~r~ished or unflntshed documents~ data~ studles, surveys~ drawtngs, maps, modets, phatographs~ and reports or other material prepared by the Contractor under thrs Contract shail~ at the ap~on af the Sta#e, become ii~ property~ and ths Contractor shaU be enti~ed to recelve just and equitabta compensation far any satisfactory work campteted on such documents and other materia(s. Notwithstanding the abave, the Corttractor shall not ba refievec! of liability to the State for arry ` damages sustained by ttte State by virtue of any breach of the Contxact by the ConUactar, and the State may withhold any payments to the Co~tractor for fhe purpose of o_ff_set until such ttme a~ the -------._. .._. ... . .. exactamoant~~fi d~g~s due t~ie S`~a~ firom tFte~~ont~actor ~a determ~ned. c) Tennina~on for Convenfence - The State may terrnina#e tfte contract at any time ttte Sf~te desires. The State shell effect such termination by giv~ng written notice of the terminat~on~ to the Cor~tractor and specifying the effecctive date thereof~ at least tweniy {20) days betare the effective date af such terrninatlon. In that event alf mate-ials ar~d documents as described above shall~ at the op~cn of the State, become its prope~ty 8nd the Contractor shaii be ent~tled to receive just 8nd equitable ... ....... ...oampensa~os~ for any satlsfactory work campteted on such materials and dacuments.. ..... , 9. Severabifitv - To the extent tha# this activity may be executed and perfarmance af the obtigations oi the pafies may be accomplished w'sth~n the intent ot ffie tertns and condi~ons, the term~ of the agreement are severable. and shauld any term or provision hereu# ba deciared invalid or become inapera~ve for any reason. s~ch invafidify ar failure shall nat af(ect tfie validity ot any ather terrn o~ provisian hereaf. The waiver af arry breach of a term hereof shai! nat be construed as a waiver of any otfier term nor as waiver ot a subsequent breach o/ the same term. 10, Assianmer~t - Nelther party, nor any subcontractor hereta, may assign its rights or duties pertaining tothis grant wifhout the prior written vonsent of the afher party. 11. Non-discrimina~an - The Sub-Grantes shali comply with si! apptica~le state and tedera! laws, rules, regula#Ions, and executive orders of the Govemor of Caiorado invoiving non-discrimEnation an the basis of racs~ ccfnr, re!lgion, nationa! origtn, age, handicap, or sex. Contractar may utilize the expertise of the Stata Minority Business 4ifice wikhin ti~e O~ce ot the Govemor, for assistance in complying with the non-discrimination and aff3rmat~ve action requirements of this grant and appticable statutes. Pa c3of4 ~~ g ._. , '~l ` s,' :~ i+' f 12. Ccmoitance wi#h Federai Aareement Terms and Cand~tians - Faderal Law - Rules an~ Reguta~ans '~'he Sub-Grantee shalt +compty with atl tertns and conditiar~s the State has entered into with the tedaraE govemment as a part ot the grant appllca~on process and as spelled out in the grant agreement between t~e 3#ate af Colorado and the ~ederal Granting Agency, and a~! app[icabte . tederal taws, rules. and regufa4oris retated to thi~ program.. These inc~ude, but are not limited to~ cx~mplianoe with t~e tollowing: • Ame~tcans with Oisabi~i~es Act inctuding Titfe II, Subti~a A/24. U.S.G. Sec.12401 et seq and imp~ementing r~egulations. • OMB CirculsrA87, A140, Ai22, and Ai33 as appilcabte • 31 U.S.C. S1352 • Prohibi~on Against use of Federal Funds far Labbying. • Privacy Act oi ~974~ 5 U.S.C. S 5529 and Regutatlons ado~fed thereunder. • Certfica~an required by 49CFR Part 29. "Gavemment Debarmer~t and Suspension " • CNug F~ee Workplace •'fi~e VI of the Ctvil Rights Act 42 U.S.C. Sec, 2t)00 d-1 et seq and its implem~n~ng~ reguta~on 44 C.F.R. pa~t of et seq. c:`~Ctt~,u-«bunun~antrrca~currenaur-txelladocalAnactu:s~m+a•zoaau~ ~ , Pago 4 of 4 ~