HomeMy WebLinkAboutResolution-2004-0016
RESOLUTION NO. 16
Series of 2004
TITLE:
A RESOLunON AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT (IGA) BETWEEN THE CITY OF WHEAT RIDGE
AND THE CITY AND COUNTY OF DENVER FOR THE URBAN
AREA SECURITY INITIATIVE (lIASI)
WHEREAS, Section 14.2 of the Home Rule Charter of the City of Wheat RIdge
provides express authority to enter into intergovernmental agreements providing for cooperative
efforts between governments; and
WHEREAS, The Intergovernmental Agreement and Urban Area Secunty InitIatIve
allows for the Denver Urban Area to procure funding and assIstance for developing enhanced
preparedness, mItIgatIon, response and recovery to/from tcrrorist related actIvity and attacks that
use or threaten the use of chemIcal, biologIcal, radiological nuclear and explosive deVIces; and
WHEREAS, The IGA establjshes a mechanism and structure for the Denver Urban Area
to meet the federal reqUIrements neccssary to develop plans, prionties, and budgets related to
grant funding and defines the "urban area" for the purposes of the grant; and
WHEREAS, Roles and responsibIlities of participants, includmg the level of
partil:ipation by each entIty, are outlined m the IGA. and
WHEREAS, The term of the IGA IS January 1,2004 through December 31,2008
NOW THEREFORE BE IT RESOLVED THAT the Mayor of the CIty of Wheat
Ridge is hereby authorized to execute the Intergovernmental Agreement with thc City and
County of Denver for the Urban Area Security InitiatIve
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DONE AND RESOLVED THIS ;,' >< day of I.. ,: LLt<J--. ,2004.
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ATTEST:
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INTERGOVERNMENTAL AGi.EEMENT
(Urban Area Security Initiative)
THIS INTERGOVERNMENTAL AGREEMENT (thIs" Agreement") dated as of
<_) --LL ~"). , 2004 lllllong THE CITY AND COUNTY OF DENVER, a
mUnIcIpal corporation of the State of Colorado ("Denver"), and CITY OF WHEAT RIDGE, a
Colorado mUnIcipal corporation ("Subgrantee"). Denver and Sub grantee are sometimes
hereinafter collectIvely referred to as the "Parties"
WITNESSETH
WHEREAS, the United States Department of Homeland Secunty, Office of DomestIc
Preparedness ("U.S O.D.P ") awarded Denver an Urban Area Secunty InItIatIve Grant by a pass-
through grant awarded to the State of Colorado, Department of PublIc Safety, Office of
Preparedness, Secunty, and Fire Safety ("State"), by Grant Award dated August 11, 2003 and
accepted by the State on August 18, 2003
WHEREAS, the State passed the grant through to Denver pursuant to the Master Contract
dated May 7, 2003 and the Statement of Grant Award dated September 26, 2003 (the grant
awarded to Denver by US O.D.P. and the State shall be referred to as the "UASI Grant");
WHEREAS, the purpose of the UASI Grant IS to allow the Denver urban area to prepare
for and to enhance Its capacity to prevent, mitIgate, respond and recover from terronst attacks
Illvolvlllg chemical, biologIcal, radIOlogical, nuclear or explosIve ("CBRNE") devIces as well as
Improve the abilIty of state and local emergency personnel to respond to such 111cldents If they do
occur; and
WHEREAS, the UASI Grant contemplates that Denver and local governments will
cooperate 111 the purchase of emergency responder eqUIpment, plannmg, conducting and
evaluatmg CBRNE exerCIses, establIshing CBRNE-related trmnmg, planning assocIated with the
completIOn of the Urban Area Homeland Secunty Strategy, and nIanagement and admll11stratlOn
assoClated wIth the l1nplementatlon ofthc overall Urban Area Security Initiativc to the bcnefit of
the entirc urban area, and
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WHEREAS, Denver and jurisdictIons contIguous to Denver's boundaries have formed the
Urban Area LeadershIp Group and the Urban Area Workmg Group, and
WHEREAS, Denver will be responsible for acquiring equipment and procuring necessary
trainIng for the needs identIfied by the Urban Area Working Group; and
WHEREAS, Denver will contract WIth other JurisdIctIons partIcIpating in the Urban Area
Workmg Group to provIde them equipment and resources necessary for training as identified by the
Urban Area Working Group, and
WHEREAS, the intent of the Urban Area Security InItIative IS to allow cooperatIOn and
coordination among all junsdlctlOns III the urban area, to enhance the preparedness of the entire
urban area, and to procure equipment and supphes that may be needed by the urban area but are not
needed or required by each JurisdIctIon in the urban area.
NOW, THEREFORE, m consideration of the foregomg premIses and for other good and
valuable consideration, the receipt and sufficiency of whIch are hereby acknowledged, the parties
agree as follows'
PURPOSE. The purpose of this Agreement is to partIally Implement the Scope of
Work outlined in the Statement of Grant Award from the State of Colorado to Denver dated
September 26, 2003 ("SOGA") (Exhibit A). As the recipient of the UASI Grant, Denver has
undertaken responsibIlity for admInistenng the UASI Grant, and for procuring eqUIpment, supplies
and trallling III accordance with a budget and priorities established by the Urban Area Worklllg
Group, approved by the Urban Area Leadership Group and concurred III by Denver as the Core CIty
and County. The PartIes agree that they are entering Illto this Agreement to accomplIsh the purposes
of the UASI Grant, and that the availability offunds and the terms of this Agreement are subject to
the ODP Grant to the State of Colorado awarded August 11, 2003 and accepted by the State on
August 18,2003 (Exhibit B), to the ODP Grant awarded for 2004, to the Statement of Grant Award
from the State of Colorado to Denver dated September 26, 2003 (ExhibIt A), to the terms of the
Master Contract between the State and Denver dated May 7,2003 (Exhibit C), and to the applIcable
federal and state laws, rules and regulations governIng those grants. The exhibits are Incorporated
and made a part of thIS Agreement by thIS reference. In the event of any conflict between the terms
and conditIons contallled herem and those of any ExhibIt such that the full effect cannot be gIven to
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both or all provlSlons, then the terms and conditions contained herem shall control.
2. Definitions.
a. Core City IS defined by the UASI Grant as the City and County of Denver
b Core County IS defined by the UASI Grant as the City and County of Denver
c State Administrative Agency Point of Contact shall be Carmen Velasquez from
the Colorado Department of Public Safety, Office of Preparedness, Secunty and
Fire Safety.
d. Urban Area, for purposes of the UASI Grant, shall be defined as the City and
County of Denver and the governmental or quasI-governmental jurisdictIOns
contiguous to Denver that provide law enforcement, emergency medical
services, emergency management, fire service, hazardous matenals response,
publtc works services, or public health services, consisting of these
jurisdictions. Adams County, Commerce City, Arapahoe County,
Cunningham Fire District, Arvada Fire Distnct, Jefferson County, Cherry
Hills Village, Littleton Fire Distnct, City of Arvada, Greenwood Village, City
of Aurora, Greater Bnghton Fire Distnct, City of Englewood, North
Washington Fire Distnct, City of Glendale, South Adams County Fire Dlstnct,
City of Lakewood, South Metro Fire Rescue, City Of Littleton, Southwest
Adams Fire District, City of Sheridan, West Metro Fire Rescue, City And
County of Denver, and City of Wheat Ridge.
e. Urban Area Leadership Group shall consist of a representative of each
junsdlction that comprises the Urban Area and actively partiCipates in the
Urban Area Security ImtIative. Members of the Urban Area Leadership Group
generally shall be the elected or appointed leader ofthe jurisdiction or ItS
deSignee. Each jurisdiction shall also deSignate an alternate.
d. Urban Area Working Group shall consist of one representative from each
member jurisdictIOn of the urban area. Each jurisdiction shall also deSignate an
alternate member. The Working Group shall be responsible for coordinating
development and implementation of all program elements includmg the urban
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area assessment, strategy development, and any direct services that are deltvered
by U.S.OD.P
3 ROLES AND RESPONSIBILITIES.
a. The Urban Area Leadership Group shall be governed by the Bylaws of the
Urban Area Leadership Group and the Urban Area Working Group
("Bylaws"), which are attached as Exhibit D and mcorporated herein. In the
event of any conflict between the terms and conditions ofthis Agreement and
the Bylaws such that the full effect cannot be given to both, then the terms
and conditions contained herem shall control. The Leadership Group shall
approve a budget for expenditure offunds awarded under the UASI Grant by
a majonty vote of the members present and votmg at a meetmg scheduled in
accordance with the Bylaws. The Leadership Group shall have authonty to
remove a member junsdlctlOn that does not actively participate in the Urban
Area Security ImtIative by sending representatives to the Workmg Group or
by fatlmg to fulfill the junsdictions' responsibilttIes under thiS agreement. A
member jurisdiction may only be removed by a vote of a majority of all
voting members of the Urban Area Leadership Group.
b The Urban Area Workmg Group shall perform secunty surveys; needs
assessments; and shall priontIze supply, eqUIpment, traming and exercise
needs; and shall develop a budget and recommend It for approval to the
Urban Area Leadership Group.
c. Core City and County
I. Denver shall have responsiblltty for applymg for and
secunng the U ASI Grant, for partlcipatmg as both a city and
a county m the Urban Area Leadership Group and Urban
Area Workmg Group, and for concurnng in the budgets
prepared and approved by those groups.
2. Denver may use U ASI Grant funds for purchasmg response-
related suppltes and eqUIpment; management and
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administration of the grant; executmg terrorism/weapons of
mass destructIOn exercises and traming, mcluding
reimbursement of backfill personnel costs; planmng (nsk
assessment and strategy development); reimbursement for
operational expenses associated with increased secunty
measures during designated heightened threat alert levels,
includmg overtime costs for personnel and those costs, and
for management and admlmstratIve functIOns for the
Denver Urban Area. The deSignated heightened threat levels
through December 3, 2003 mclude the Orange threat alert
levels on the followmg dates. February 7 to 27, 2003,
March 17, 2003 to April 16, 2003, and May 20 to 30, 2003
During the term of this agreement, other dates may be
approved by the United States and budgeted by the
Leadership Group and concurred m by the Core City and
County.
3. The Parties agree that UASI Grant funds will be spent m
accordance with a budget prepared by the Urban Area
Working Group, approved by the Urban Area Leadership
Group and concurred in by the Core City and County The
Budget may be amended from time to time m accordance
with the Bylaws with the concurrence of the Core City and
County A copy of the mittal budget is attached and
incorporated in this Agreement as Exhibit E. The Parties
agree to accept and be bound by the budget and the uses of
the funds designated by the Urban Area Workmg Group
4 In accordance With the budget and Denver's own
procurement laws, regulations and poltCleS, Denver will
from tIme-to-time procure, or cause to be procured,
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suppltes, equipment and services deemed necessary to
enhance the secunty and preparedness of the Urban Area.
Denver agrees to grant or provide supplies, eqUIpment,
exercises and training, or to reimburse operational expenses
for deSignated heightened threat alert levels (including the
Orange threat alert levels on the following dates' February 7
to 27, 2003, March 17,2003 to Apn116, 2003 and May 20
to 30, 2003), all as budgeted and approved by the Urban
Area Working Group, to member JurisdictIOns of the Urban
Area as subgrantees, subject to funds being received under
the UASI Grant and appropnated by City Council. The
Parties agree that exerCIse and trammg costs may include
personnel expenses to backfill positions during such
traimng and exercises.
d. Subgrantee agrees.
to participate acttvely m the Urban Area Working Group,
2. to make its personnel, and any supplies or equipment procured
with UASI Grant funds, reasonably available to other
participants in the Urban Area Workmg Group for trammg and
response to CBRNE incidents,
3. to accept title to and to maintam all supplies and eqUIpment
received pursuant to this Agreement in good working order for
the reasonably expected life-cycle of the supplies and
eqUIpment, ordmary use, wear and tear excepted,
4 to submit requests for reimbursement of exerCise, trammg and
operatIOnal expenses, includmg overtime costs for personnel,
and those costs associated with increased security measures
during designated heightened threat alert levels (including the
Orange threat alert levels on the following dates. February 7 to
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27,2003, March 17,2003 to April 16, 2003 and May 20 to 30,
2003), on forms reqUIred by Denver and m accordance with the
budget approved by the Urban Area Working Group.
S to provide all supplemental documentation that may be reqUIred
by Denver;
6 to maintam all records that may be required by the terms ofthe
UASI Grant and state and federal laws, rules and regulations or
by Denver;
7 that this Agreement does not warrant or guarantee that
Subgrantee Will receive any specific amount of supplies,
eqUIpment, trammg or reimbursement, and Subgrantee
understands that it may receive more or less supplies,
eqUIpment, training or reimbursement depending upon the
approved budget and Subgrantee's ability to take advantage of
the trainmg m a ttmely manner
4. TERM OF AGREEMENT The term of the Agreement shall cornmence on January
I, 2004, and terminate on December 31, 2008, provided that the Agreement may be renewed by
agreement of the parties.
S COORDINATION AND LIAISON Denver's point of contact for the UASI
Grant shall be the Manager of Safety, who shall serve as Denver's representattve to the Urban
Area Leadership Group The Urban Working Group has deSignated Denver's Manager of Safety
as the Authorized Officer under the UASI Grant. Subgrantee agrees that during the term of this
Agreement it shall fully coordinate performance of this Agreement With Denver, includmg the
Denver Manager of Safety or his deSignee, or as otherwise directed by Denver
6 AGREEMENT AS COMPLETE INTEGRATION-AMENDMENTS. This
Agreement is mtended as the complete mtegration of all understandmgs between the parties. No
pnor or contemporaneous addition, deletIOn or other amendment shall have any force or effect,
unless embodied herein m wntmg. Amendments to thiS Agreement will become effective when
approved by both parties and executed m the same manner as this Agreement.
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7 TERMINATION OF AGREEMENT: Denver may terminate this Agreement, or
any part thereof, for the reasons and in the manner provided in Section IS of Exhibit C.
8. ST A TUS OF PARTIES. The parties agree that the status of each party shall be that
of an mdependent contractor to the other, and it is not intended, nor shall It be construed, that one
party or any officer, employee, agent or contractor of such party is an employee, officer, or agent of
the other party for purposes of unemployment compensation, workers' compensation, or for any
purpose whatsoever
9 WHEN RIGHTS AND REMEDIES NOT WAIVED In no event shall any
performance by a party hereunder constitute or be construed to be a waiver by that party of any
breach of term, covenant, or condition or any default which may then exist on the part of the other
party, and the tender of any such performance when any such breach or default shall exist shall not
Impair or prejudice any right or remedy available to a party with respect to such breach or default;
and no assent, expressed or implied, to any breach of anyone or more terms, covenants, or
conditIOns of the Agreement shall be construed as a waiver of any succeedmg or other breach.
10 EXAMINATION OF RECORDS Any duly authorized representative of the
federal government, state government or Denver, including Denver's Auditor or his representative,
shall, until the expiratIOn of seven (7) years after the end of the State of Colorado fiscal year that
includes the end of the UASI Grant, have access to and the nght to examme any directly pertment
books, documents, papers and records of Subgrantee, mvolvmg transactIOns related to this
Agreement.
II RECORDS RETENTION. Subgrantee shall retain for at least seven (7) years after
the expiration ofthis Agreement all records reqUIred for the UASI Grant mcluding documentation
and records of all expenditures incurred under this agreement. Retention for longer than the seven
years may be deemed necessary to resolve any matter that may be pendmg. ThiS retention IS for
review by Denver, the State, federal government or then authorized representatives.
12. ASSIGNMENT AND SUBCONTRACTING Denver is not obligated or !table
under this Agreement to any party other than Sub grantee. Subgrantee agrees that it shall not assign
or subcontract with respect to any of ItS nghts, benefits, obligatIOns or duttes under thiS Agreement
except upon pnor written consent and approval of Denver and the State of Colorado, which shall not
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be unreasonably withheld. If any such assignment or subcontracting shall occur, such action shall not
be construed to create any contractual relatIOnship between Denver and such assignee or
subcontractor, and Subgrantee shall remain fully responsible to Denver accordmg to the terms of this
Agreement.
13. INDEMNITY To the extent authonzed by law, Subgrantee shall mdemmfy, defend
and hold Denver harmless agamst any and all claims, damages, hability and court awards including
costs, expenses, and attorney fees mcurred as a result of any act or omission by Subgrantee, or its
employees. agents, subcontractors, or assignees pursuant to the terms of this Agreement. Nothing
herein shall be deemed to be a waiver ofthe rights, immumties, limitatIOns and defenses afforded the
Parties by the Colorado Governmental Immunity Act, C.R.S 924-10-101, et seq as it may be
amended from time to time.
14. CONFLICT OF INTEREST: The Parties agree that no employee of either party
shall have any personal or beneficial mterest whatsoever in the services or property described herem
and Subgrantee further agrees not to hire, or contract for services with, any employee or officer of
Denver which would be in violation ofthe Denver Revised Municipal Code, Chapter 2, Article IV,
Code of Ethics, or Denver City Charter provIsIOns CS 13 and CS 14
IS. APPROPRIATIONS The obligations ofthe Parties under this Agreement or any
renewal shall extend only to monies appropnated for the purpose of this Agreement by Denver's
Board of CounCilmen, paid into Denver Treasury, and encumbered for the purposes of this
Agreement. The Parties acknowledge that (i) they do not by this Agreement irrevocably pledge
present cash reserves for payments in future fiscal years, and (ii) thiS Agreement is not mtended to
create a multiple-fiscal year direct or indirect debt or financial obligatIOn ofthe Parties. The Parties
agree that Denver's obhgations under this Agreement are hmlted to the funds made available
pursuant to the UASI Grant for fulfilhng the purposes of this Agreement.
16 TAXES, CHARGES, AND PENAL TIES. Denver shall not payor be liable for any
claimed mterest, late charges, fees, taxes or penalties of any nature, except as required by Denver's
ReVised Mumcipal Code
17. GOVERNING LAW; VENUE. Each and every term, proviSIOn, condition, ofthis
Agreement is subJect to the provisions of Colorado law, the Charter of the City and County of
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Denver and the ordmances, and regulations enacted pursuant thereto Venue for any action arising
hereunder shall be in the City and County of Denver, Colorado
18 NO THIRD PARTY BENEFICIARY' The parties expressly agree that enforcement
of the terms and conditions of this Agreement, and all nghts of actIOn relatmg to such enforcement,
shall be stnctly reserved to the Parties, and nothing contained m this Agreement shall gIve or allow
any such claim or right of action by any other or third person on such Agreements, including but not
hmited to subcontractors, subconsultants, and supphers. The Parties expressly intend that any person
other than the Parties who receives services or benefits under this Agreement shall be deemed to be
an mCldental benefiCiary only
19 SEVERABILITY The parties expressly agree that if any part, term, or provIsion of
this Agreement IS by the courts held to be illegal or m conflict With any law of the State of Colorado,
the validity of the remammg portions or provisions shall not be affected, and the rights and
obhgatlOns of the parties shall be construed and enforced as If the Agreement did not contam the
particular part, term, or proVision held to be invalid.
20 LEGAL AUTHORITY: The parties represent and assure that they possesses the
legal authOrIty, pursuant to any proper, appropriate and official motion, resolutIOn or action
necessary, to enter into this Agreement. The person or persons slgmng and executmg this Agreement
on behalf of both parties, represent that he/she has been fully authonzed to execute this Agreement
on behalf of then junsdlctlOn and to vahdly and legally bind their jurisdiction to all the terms,
performances and provisions herein set forth. Denver shall have the right, at ItS optIOn, to either
temporarily suspend or permanently termmate this Agreement, if there IS a dispute as to the legal
authority of either Subgrantee or the person slgnmg the Agreement to enter into this Agreement.
Denver shall not be obligated to perform any of the proVisions of this Agreement after Denver has
suspended or term mated this Agreement as proVided in this Agreement.
21 PARAGRAPH HEADINGS The captions and headings set forth in this Agreement
are for convemence of reference only and shall not be construed so as to define or hmit ItS terms and
proVISIons.
22. COUNTERP ARTS This Agreement may be executed m any number of
counterparts and by the different parties hereto on separate counterparts, each of which when so
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executed and dehvered shall be an origmal, but all of which shall together constitute one and the
same mstrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and dehvered as of the date first above written.
E E. VADEN, Clerk
Recorder, Ex-OfficIO Clerk
f the City and County of Denver
APPROVED AS TO FORM.
COLE FINEGAN, Attorney for the
City and County of Denver
By ~f!~d
A sistant City Atto ey
DENVER:
RECOMMENDED AND APPROVED
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By' . / 1 14 :0 - ~
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Manage of Safety
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trol No I!( L{G 0 I Y
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ATTEST.
~cOrlIL/
amela Aliderson, City Clerk
[SEAL]
CITY OF WHEAT RIDGE, a
COLORADO MUNICIP AL CORPORATION
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By.;f:_..~_ ,f ~?, I//?!'Ycc r;e,-r,<.,,,
~chen Cerveny, Mayor "
Date'~/J ,I (; ::?C(J//
APPROVED AS TO FORM.
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Gerald E. Dahl
City Attorney
COLORWO DEPARTMENT OF PUBLIC SAFETY
STATEMENT OF GRA.NT AWARD (SOGA)
FEDERAL PROGRA.M INFORMA. nON
CFDA Number: 16011
Federal Agency- U.S. Department of Homeland Security
Federal Award Name & Number: llrban Area Security Initiative Grant Program II
2003.EU-T3-0017
PO# OP0040000037
Re ion# Denver Urban Area (Counties of: Denver, Adams, Jefferson, Arapahoe)
Sub-grant Award Number:
OPS03EUT317
Sub-grant Lead Agency Name:
CIty and County of Denver
Sub-grant Lead Agency Director:
Alvin La Cabe
Sub-grant Financial Agency Address:
1331 Cherokee Street Suite 302
Denver. CO 80204
Grant Period:
October 01, 2003 to June 30, 2005
Date Issued:
September 26. 2003
The Office of Preparedness, Security, and Fire Safety hereby awards a grant to the above-named sub-grant
lead agency pursuant to terms of the Master Contract entered into by the parties on September 26. 2003.
identIfied under routing number . The attached grant application (as possibly modified by
the State) is incorporated herein as part of this document.
APPROv..1W l:HJDGET
Project
Total Federal Funds
Awarded
Denver Urban Area Secun InItiatIve
$12,454,779
TOTAL BUDGET
$12,454,779
Office of Preparedness, Security, & Fire Safety
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Signature
REVIEWER
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p~rr Name
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Si!i9'ature
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Signature
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EXHIBIT
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Page 1 of 1
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Tills Statement of Grant Award 1S 1ssued pursuant to a Master Contract Vil.ID the State of
Colorado's Department ofPubhc Safety, Office of Preparedness, Secunty, and Fue Safety dated
May 1,2003, City Clerk FIlmg No 03-735, contract control no XC-35034
APPROVED AS TO FORM,
COLE FINEGAN,
Attorney for the CIty and County
~~/U g;il~ _
Asslstant CIty Attorney
By
REGISTERED AND COUNTERSIGNED
"CITY"
Statement of Grant Award (SOGA)
INSTRUCTIONS
1 Grant activities must be based on the approved budget shown on page one of this Statement of
Grant Award, and the detailed budget(s} within the attached application as modified and approved
by the State. The sub-grantee must secure prior written approval from OPSFS if there is to be a
change in any budget category.
2. The sub-grantee will give the Financial Officer of the project a copy of this document in order to
adequately prepare the necessary financial reports.
3 The sub-grantee agrees that the attached grant application, and master contract, is hereby
incorporated by reference as part of this grant award.
4. Review carefully the enclosed letter for this grant program. It includes procedures regarding this
document, draw-down of grant funds, reporting requirements and requesting grant modifications.
5. This grant award shall be effective upon the intended start date (as set out in the grant period
shown on page 1 of this SOGA}; however final approval by the State Controller or designee, is
required.
6_ This grant award may be cancelled in whole without further cause by the Office of Preparedness,
Security, and Fire Safety within 20 days of the date of issuance.
AoomONAL OPSFS REQUIREMENTS
(1} All sub-grants are conditioned on the ability to report to the Office of Preparedness, Security, and
Fire Safety all the information contained 0n the OPSFS quarterly financial repnrtinO and ~8mi-
annual progress report forms, which are provided with this SOGA. Technical assistance is
available upon requesl
(2} These funds cannot be guaranteed beyond the end date of the grant period on page 1 of this
SOGA. Unexpended funds remaining at the end of the grant period must be returned to the Office
of Preparedness, Security, and Fire Safety.
Page 2 of2
Department of Homeland Securitv
Fiscal Year 2003 Urban Area Security Initiative - Part II
Application for Funds
Jurisdiction/State Agency: City and County of Denver
Primary Point of Contact:
Alvin J LaCabe, Jr
Position Title:
Manager of Safety
Address:
1331 Cherok.ee Street Room 302 Denver, CO 80204
Telephone: 720-913-6020
Fax: 720-913-7028
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Authorized Signature:
Date, f Ii(a 3
Requesting funing in the amount of:
$12,454,779.00
Scope of Work:
1 The City and County of Denver, along with its partners, will continue building an enhanced
and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism
2 Requirements of this grant, which will be met include
a. Create an Urban Area Working Group to oversee this program
b Complete and submit a threat and risk assessment to the Colorado Department of Public
Safety, Office of Preparedness, Security, and Fire Safety no later than September 30.
2003
c Write and submit a Homeland Security Strategy to the Colorado Department of Public
Safety, Office of Preparedness, Security, and Fire Safety .~~~~~_j.
d Institutionalize the National Incident Management System by the end of the grant period
e Limit Management and Administrative costs to 3% of the grant award for the core City
and County of Denver
f Submit a plan to the Colorado Department of Public Safety for the initial 25% of the
entire grant that will support this project. The Office for Domestic Preparedness will
release t'le remaining 75% upon the submission and acceptance of the threat and risk
assessment and the Homeland Security strategy
3 These funds will be used for purchasing of ["8sponse-related equipmellt, executing
terrorism!vveapons of mass destruction exercises training planning (risk assessment and
strategy development), and management/administrative functions If the need arises, these
funds may be used to reimburse for operational expenses including overtime costs for
pel-sonnel and those costs associated with increased security measures during designated
heightened Threat aiert levels
a, Equipment purchases will be from the approved list as provided in the federal grant
announcement.
b The conduct of terrorism/weapons of mass destruction exercises will meet the
requirements outlined in the federal announcement.
c Training. The intent for these training resources is to develop and deliver classes to a
broad range of first responders as well as other key partners This is based on a
collaborative approach that brings together public safety disciplines, public health,
education, and public works in a new era of homeland security education and training
These training courses will be focused at the awareness level for Chemical, Biological,
Radiological, Nuclear, and Explosive (CBRNE) devices. Courses will also include
training on the Incident Command System.
d Other responsibilities
,/ An Urban Area Working Group must be established
,/ The state must select a central Point of Contact who works in concert with the local entities and is
a member of the Denver Urban Area Working Group
,/ The Urban AI'Eia Working Group must be multi-disciplinary and consist of representatives from
law enforcement, emergency medical, emergency management, fire service, hazardous
materials, public works, governmental administration, public safety communications, health care,
and public health as well as members from appropriate state agencies
,/ Must work in concert with the state Point of Contact
,/ Must define the urban area
,/ Must work to identify local elected officials who will serve on the Urban Area Working Group
,/ Must provide written concurrence with the distribution of the 25%
,/ Must provide written concurrence with the distribution of the remaining 75%
COLOR-illO GRA...~T REQUIREMENTS
Colorado Office of Preparedness Security and Fire Safety
(OPSFS)
The State annually andlor periodically receives funding from the following federal agencies: the Federal Emergency Management
Agency (FEMA) - under the Depac-trnent of Veterans Affairs and Housing and Urban Development, and Independent Agencles
Appropriations Act, 2000, Public Law] 06-74, Robert T Stafford Disaster Relief and Emergency Assistance Act, as amended,
Pubhc Law 93-288, as amended; 42 US.C. 5121 et seq, 42 USe. 5195 et seq., Omnibus Consolidated AppropriaTIons Act of
1997, Public Law 104-208, and Department of Defense Authorization Act of 1986, Public Law 99-145 as amended; U S.
Department of Transportation (DOT) - under the Hazardous Matenals Uniform Transportation Safety Act 1990, Public Law 101-
615,49 U.S.c. 5101 et seq., and the U.S. Department of Justice (DOl). U.S. Department of Commerce, Justice, and State, the
Judiciary and Related Agencies Appropriations Act of 1999, Public Law 105-119, and similar funding which will be distributed
through the Homeland Security Act of 2002, Public Law No. 107-296, for the purpose of supporting emergency management and
preparedness actiVlties to include admimstration, homeland security, anti-terrorism, emergency planning, training, exercising,
hazard miTIgation, and procurement of facilities and equipment.
L FINANCLU & ADMINISTRATIVE MANAGEMENT
a. The Subgrantee assures that fund accounting, auditing, monitoring, evaluation procedures and such records as
necessary will be maintained to assure adequate internal fiscal controls, proper financial management, efficient
disbursement of funds received, and maintenance of required source documentation for all costs incurred. These
principles must be applied for all costs incurred whether charged on a direct or indirect basis.
b. All expenditures must be supported by appropriate source documentation. Only actual, approved, allowable
expenditures will be permitted.
c. The Subgrantee assures that it will comply with all grant management requirements set forth. However, the grant
requirements cannot cover every foreseeable contingency, and the Sub grantee is ultimately responsible for
compliance with applicable state and federal laws, rules and regulations.
2. PAYMENT & REPORTING
a. The Office of Preparedness Security and Fire Safety will pay the Subgrantee the reasonable and allowable costs of
performance, in accordance with current Colorado State Fiscal Rules, not to exceed the amount specified herein as
the Total Award Amount.
b. The Office requirements for invoice, advance payments, and cost reporting submissions are contained in the OPSFS
Reimbursement Request Procedures, and OPSFS Financial Report, which are hereby incorporated by reference.
c. Advance payments cannot exceed 10-day operating expenses.
d. The Sub grantee assures that it shall maintain data and information to provide accurate program and financial reports
to the Office. Said reports shall be provided in such fonn, at such times, and containing such data and information as
the Office of Preparedness Security and Fire Safety reasonably requires to administer the program.
e. The Subgrantee assures that quarterly financial, equipment inventory, and narrative reports shall be submitted within
30 days of the end of each calendar quarter and shall be current and actual.
f. The Sub grantee further assures that final financial reports shall be submitted to the Office of Preparedness Security
and Fire Safety within 45 days of the end date of the subgrant.
g, The Office reserves the right to make and authorize modifications, adjustments, andlor revlsions 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 wh,ch do not change the total amount of the Grant Award.
h. The Office may withhold payment in the event the Subgrantee fails to comply with conditions and certifications
contained in this grant award.
3. PROCUREMENT AND CONTRACTS
a. The Subgrantee assures that it will follow internal competitive procurement procedures as required by statute,
ordnance, and executive orders for all purchases under the grant. All approved equipment purchases must be
recorded on quarterly equipment inventory reports. Changes in equipment must bave prior approval by the Office of
Preparedness Security and Fire Safety (Equipment is defined as an individual item with a cost of five thousand
dollars or more and with a useful life of at least one year)
b. The Sub gran tee assures that no contract or agreement will be made for execution of project activities or provisions of
services (other than purchase of supplies or standard commercial or maintenance services) that is not incorporated in
the approved application or approved in advance by the Office of Preparedness Security and Fire Safety
1
COLORWO GR.\NT REQUIREMENTS
c. Tne Sub grantee assures that contractors/vendors who assist the Sllbgrantee to develop specifications, requirements,
and statements of work and/or Request For Proposal for a proposed procurement shall be excluded from blddlllg or
subrrutting a proposal to compete for the award of such procurement
d. The Subgrantee assures that where activities supported by this subgrant produce any discovery or invention, original
computer programs, writing, sound recordings, plctonal reproductions, drawing or other graphIcal representation and
works of any similar nature, the following requirements apply-
L The Office of Preparedness Security and Fire Safety has the right to use, duplicate and disclose, the above
matenal in whole or in part in any manner for any purpose whatsoever and authorize others to do so.
u. If the material or invention is copyrightable, the Sub grantee may copyright such, but the Office of
Preparedness Security and Fire Safety reserves a perpetual, royalty-free, non-exclusive and irreversible
license to practice, reproduce, publish and use such materials III whole or in part, and authorize others to do
so.
11L When issuing statements, press releases, requests for proposals, b,d solicitations, and other published
documents describing projects or programs funded in whole or in part with these grant funds, all
Subgrantees must clearly-
a) State the percentage of the total cost of the program or project, which will be financed with this
grant money;
b) State the dollar amount of state or federal funds for the project or program;
c) Use the phrase-uThis project was supported by grant # _, issued by the Colorado Office of
Preparedness Security and Fire Safety n
e. The Sub grantee may not assign its rights or duties under this grant without the prior written consent of the Office of
Preparedness Security and Fire Safety
4. AUDIT, RECORD-KEEPING, AND MONITORINGIINSPECTION
a. The Subgrantee assures that it will procure an audit or fmancial review by a CPA or licensed public accountant
incorporating the subgrant. If the agency expends more than $500,000 per year in combined federal funds, an audit
must be conducted in accordance with OlYrn Circular A-133 (Audits of States, Local Governments, and non-profit
organizations).
1. At such l1me as the audit or financial review is completed, ONE COPY OF TIlE REPORT, INCLUDING
1RE CORRESPONDING MANAGEMENT LETTER, MUST BE FORWARDED TO THE OFFICE OF
PREPAREDNESS SECURITY AND FIRE SAFETY for clearance.
11. The Sl1bgrdlllee accepls responsibilily fur the costs of a financial prognlIn audit to be performed by the
Department of Public Safety in the event that the audit report or financial review
a) does not meet the applicable A-133 or OPSFS standards;
b) is not S!Jbmitt~d in a ti_rnely !!1annefi or,
c) does not provide an audit response plan with corresponding corrections made sufficient to satisfy
any audit findings.
b. The Subgrantee assures that
L It will retain all project records, as will facilitate an effective audit, for seven years after the end of the state
fiscal year that includes the end date of the grant (For example if the grant ended 9/30/91, the state FY
would be July I, 1991-June 30, 1992. The files could be destroyed after 6/30/99); except,
11. If an audit is in progress and/or the findings of a completed audit have not been resolved satisfactorily,
then records must be retained beyond the seven-year period until such issues are resolved.
c. The Subgrantee assures that it will keep copies of all documents, correspondence, and required receipts related to
this subgrant in a separate file bearing the project trtle and grant number.
d. The Office may periodically request submission of supporting fmancial and programmatic documentation,
subcontracts, general and sub-ledgers for the purpose of monitoring compliance with the grant award via desk
review, or in preparation for an on-site monitoring visit. Routine or special on-site visits may be conducted at the
sub grant agency, and at the location of any collaborating entities, for the same purpose. Subgrantees will be notified
in advance of anyon-site monitoring visit.
e. The Sub grantee assures that the Office of Preparedness Security and Fire Safety, Colorado Department of Public
Safety, shall have access for purposes of monitoring, audit and examinations to any bonds, documents, papers and
records of the Subgrantee and to relevant books and records of subcontractors of the Sub grantee. It is the
responsibility of the Sub grantee to notify any of its project collaborators and subcontractors of these provisions.
f. The Sub grantee assures that signatories of the application and sub grant award and personnel employed through this
sub grant will appear wben requested at any administrative hearing, monitoring site visit, conference or meeting
conducted by the Office of Preparedness Security and Fire Safety
5. COLORADO VICTIM RIGHTS ACT
a. The Sub grantee assures that the applicatior. signatories, all staff and all volunteers assigned to the funded project
have read and understand the rights afforded to crime victims pursuant to !i 24-41-302.5 CR.S., and the sen;ces
2
COLORWO GR-'\NT REQUIREMENTS
delineated pursuant to 'is 24-4 1-303 and 24-4 1-304 eR.S, commonly known as the Vicnm Rights Act, and
enabling leglslanon.
6. TERMINATION or REDUCTION IN GRANT AWARD
Tne Office will momtor the performance of the Subgrantee agamst goals aJld performance standards reqmred herem. Tne
Office will provide reasonable technical assistance to the Subgrantee concerning project goals, performance standards and
subgrant requirements; however, substandard performance as determined by the Office will constitute noncompliance with this
grant award. Substandard performance may result in termination or reduction of grant award as follows:
a. ReductlOn In Grant Award Amount for Cause
I. The Office may reduce the total Statement of Grant Award amount for cause, without compensation for
reductlOn costs.
n. If the state reduces the grant amount for cause, It will first give ten (10) days written nonce to the
Subgrantee, stating the reasons for reduction, steps taken to correct the problems, and the date the subgrant
award amount will be reduced in the event problems have not been corrected to the satisfaction of the
Office.
Ill. In the event this grant is reduced for cause, the Office will only reimburse the Subgrantee for acceptable
work or deliverables received up to the date of reduction.
IV In the event this grant is reduced for cause, final payment to the Subgrantee may be withheld at the
discretion of the Office until completion of final Office review
b Termination for Convenience:
I. Either party may terminate the grant with thirty days wntten notice of intent to cancel or terminate.
n. The grant maybe terminated by the Office if it is in the best interest of the state of Colorado to terminate
the grant.
Ill. If the grant is terminated for convenience by either the Subgrantee or the state, the Subgrantee shall be paJd
the necessary and allowable costs incurred through the date of termination, but not exceeding a prorated
amount based on the number of days of project operation prior to the date of termination.
c. Tenrili"1ation for Cause:
I. The Office may terminate the grant for cause without compensation for termination costs.
II. If the state terminates the grant for cause, it will first give ten (10) days written notice to the Sub grantee,
stating the reasons for termination, steps taken to correct the problems, and the date the subgrant will be
terminated in the event problems have not been corrected to the satisfaction of the Office.
Ill. In the event this grant is terminated for cause, the Office will only reimburse the Subgrantee for acceptable
work or deliverables recelved up to the date ofterminanon.
IV In the event this grant is terminated for cause, final payment to the Subgrantee may be withheld at the
discretion of the Office until completion of final Office review
d. Any equipment purchased under this grant would revert, at the option of the Office, to the Office of Preparedness
Security and Fire Safety upon termination of the grant for any of the above reasons.
A. FEDERAL CERTIFlED ASSURANCES
1. FEDERAL PUBLIC POLICY ASSURANCES
a. The Sub grantee hereby agrees that it will comply, and all of its contractors will comply with the applicable
provisions of:
i. Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended;
ii. Tne Juvenile Justice and Delinquency Prevention Act and/or the Victims of Cnme Act, as appropriate;
iii. All other applicable Federal laws, orders, circulars, regulations or guidelines.
b The Subgrantee agency hereby agrees that it will comply, and all of its contractors will comply with the provisions of
28 CFR applicable to grants and cooperative agreements including:
i. Part 18, Administrative Review Procedure;
ii. Part 20, Criminal Justice Information Systems;
iii. Part 22, Confidentiality ofIdentifiable Research and Statistical Information;
IV Part 23, Criminal Intelligence Systems Operating Policies;
v Part 30 Intergovernmental Review of Department of Justice Programs and Activities;
VI. Part 42 NondiscriminationlEqual Employment Opportunity Policies and Procedure;
VJI. Part 61 Procedures of Implementing the National'Environmental Policy Act;
VJII. Part 63 Floodplain Management and Wetland Protection Procedures; and,
lX. Federal Laws or regulations applicable to Federal Assistance Programs.
3
COLORWO GR.c\..NT REQUIREMENTS
~ FINA.NCIAL & ADMINISTR>\.TIVE MANAGEMENT
a. Subgrantee assures that it will comply with appropriate federal cost prinCIples and adnumstrative requirements
apphcable to grants as follows:
L For state, local or Indian tribal govermnent entities;
a) OMB Circular A-87, Cost Principles for State, Local & Indian Tribal Governments
b) OMB Circular A-I02, Common Rule-Uniform AdminIstrative Requirements for Grants and
Cooperative Agreements to State and Local Governments
11. For non-profit organizations;
a) OMB Circular A- 122, Cost Principles for Non-Profit Organizations
b) OMB Circular A-llO, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education. Hospitals and Other Nonprofit Organizations
ilL For colleges and universities;
a) OMB Circular A-21, Cost Principles for Educational Institutions
b) OMB Circular A-l1O, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education. Hospitals and Other Nonprofit Organizations
IV For each agency spending more than $300,000 per year in federal funds from all sources;
a) OMB Circular A-133, Audits of States, Local Governments and Nonprofit Organizations
b. The Subgrantee assures that it will comply with the provisions of the Office of the Comptroller, Office of Justice
Programs OC Financial Guide for Grants. current edition. (For practical purposes, the requirements pertinent to the
management of these funds have been extracted from the above documents and are contained in the current
applicable Administrative Guide of the Office of Preparedness Security and Fire Safety, which is hereby
incorporated by reference. However, such a guide cannot cover every foreseeable contingency, and the Subgrantee
is ultimately responsible for compliance with applicable state and federal Jaws, rules and regulations.)
3. NON-SUPPLANTING OF FUNDS (Governmental Agencies Only)
a The Subgrantee certifies that any required matching funds used to pay the non-federal portion of the cost of this
sub grant are in addition to funds that would have otherwise been made available for the pliIposes of this project.
b. The Subgrantee certifies that federal funds made available under this grant:
i. Will not be used to supplant state or local funds;
IL That the Subgrantee's expenditures for the purpose described in this application for the annual period are as
great as for the preceding year plus the average annual increment in such expenditures for the past two,
three, four or five years; OR
III. Where the certification above (3bii) cannot be made, and there is a reduced or unchanged local investment,
then the Sub grantee shall give a written explanation demonstrating that the Sub grantee's reduced or
unchanged commitment would have been necessitated even if federal fmancial support under this federal
grant program had not been made available.
4. CERTIFICATION REGARDING LOBBYING (Subgrantees receiving $100.000 or more in total federal funds per year
See 28 CFR Part 69 )
The prospective Sub grantee certifies, by submission of this proposal, that:
a. No federal funds received through this subgrant will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, an officer or employee of Congress. or an employee of
a member of Congress in connection with the making of any federal grant, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative
agreement; and,
b If any funds other than funds through this sub grant will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection Wlth this sub grant, the prospective Subgrantee shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities."
5. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGffiILITY AND VOLUNTARY
EXCLUSION (Subgrantees receiving $100,000 or more in totalfederalfunds per year See. 28 CFR Part 6)
a. The prospective Subgrantee certifies, by submission of this proposal, that neither it nor its principals, subcontractors
or suppliers are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in th,S transaction by any Federal depar1ment or agency
6. CERTIFICATION REGARDING DRUG FREE WORKPLACE (See. 28 CFR Part 67 Subpart F)
a. The prospective Subgrantee certifies, by submission of this proposal, that it will comply with the Drug Free
workplace Act of 1988, as implemented at 28 CFR Part 67, Subpart F
7. Crvn. RIGHTS COMPLIANCE (See, 28 CFR Part 42)
4
COLORWO GR.c\NT REQlJIREMENTS
a. Upon award, each Subgrantee will be provided DCJ's Form 30, enlltled "Certificanon of Compliance with
Regulations Regardmg Federal Civil Rights Requirements and Equal Employment Opportumty Plans (EEOP), and
will be reqmred to do the following:
I. The Project Director must submit the form to the Subgrantee agency's Authonzed Official for this grant;
11. The Authorized Official must reVlew the form in conjunction with subgrant agency personnel responsible
for repornng civil rights findings of discnmination,
111. The Authorized Official must accurately complete the reqUIred informatIOn and provide all mformation
requested;
lV The Authorized Official must provide an original signature on the form as mdicated, and,
v The DCJ 30 Form with onginal Slgnature must be returned to the Office with the Statement of Grant
Award (SOGA).
b. Any sub grant agency findings of discrimination must be reported to the Office of Preparedness Security and Fire
Safety Wlthin 45 days of recelpt of this grant award, and to the Office for Civil Rights, Office of Justice Programs,
and U.S. Department of Justice.
8. NON-DISCRIMINATION
a. The following federal non-discrimination cites apply in particular' the nondiscrimination requirements of the
Omnibus Crime ContrDl and Safe Streets Act Df ]968, as amended; Title VI of the Civil Rights Act of ]964; Section
504 Df the Rehabilitation Act Df 1973, as amended; Subtitle A, Title II Df the Americans with Disabilities Act of
1990,42 V.S.C. ]2]01, et. seq and Department of Justice Regulations on Dlsability DiscriminatiDn, 28 CFR Part 35
and Part 39;Title IX of the EducatiDn Amendments Df ]972; the Age Discrimination Act Df ]975, the Department of
Justice NondiscriminatiDn Regulations 28 CFR Part 42, Subparts C, D, E, and G; and Executive Order] ]246, as
amended by Executive Order ]1375, and their implementing regulations, 41 CFR Part 60] et. seq., as applicable to
construction contracts.
9. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) AND NATIONAL HISTORlC PRESERVATION ACT
(l'tnPA) COMPLIAt'lCE (42 use H432i-4370 and 16 use J470)
a. The Subgrantee agrees tD assist the Office of Preparedness Security and Fire Safety and the Office Df Justice
Programs, U.S. Department of Justice. in complying with the NatiDnal EnvirDnmental PDlicy Act, the National
HistDric Preservation Act (NHP A) and Dther related federal environmental impact analyses requirements in the use
of these grant funds either directly by the Subgnmtee or by a subcontractor. As long as the activity needs to be
undenaken in order to use these grant funds, tlus Nfl:' A reqUIrement hrs! must be met whether Dr not the aclJv1nes
listed belDw are being specifically funded with these grant funds. The activities covered by this special condition are:
b, New construction;
o. Minot fCfiUVu.hon or rcmodeling c:;f a prupcrty either li5ted Vf! ur eligible fur lislilig 011 It... Niitl0u;;.l RGgl>lC10f
Histonc Places, or located within a 1 OO-year flood plain;
d. Renovation, lease Dr any other proposed use of a building or facility that will either result in a change in its basic
prior use, Dr s;gnificantly change its size.
e. Implementation of a new program involving the use of cherrricals Dther than chemicals that are either purchased as an
incidental cDmponent Df a funded activity and traditionally used, for example, in Dffice, household, recreational or
educational environments.
B. PROGRAM SPECIF1C REQUIREMENTS
The following program specific requirements are imposed by the Federal Dr State sponsoring agency concerning special
requirements oflaw, program requirements, and Dther administrative requirements wlrich must be passed Dn to subgnmt
award recipients. These requirements are more likely to change from year to year than the special provisions and federal
certified assurances shown above, and usually vary acrDSS offices within the Office.
5
COLORADO OFFICE OF PREPAREDNESS SECURlTY AND FIRE SAFETY
OPSFS REIMBURSEMENT REQIJEST
(See detailed instructions on the back of this form.)
SUBGRANTEEAGENCY
ADDRESS
State reimbursement check (warrant) will be sent to address above, noting Grant Number on check stub
PROJECT TITLE:
GRANT NUMBER. I PROJECT DURATION' FROM: TO'
PREPARED BY: Phone' ( ) Fax: ( )
SECTION I: REIMBURSEMENT NEEDS FOR THIS TIME PERIOD *
1. Projected or Actual Expenditures for *
(Federal/Slate funds and Match)
1. $
( looe Period)
2. Less Match available during this time period
2. $
3 TOTAL FEDERAL/STATE-AWARDED F1JNDS NEEDED DURING THIS
TIME PERIOD (Line 1 minus Line 2)
SECTION II: REIMBURSEMENT SUMMARY AND REOUEST
13. $
4 Total Amount of Federal/Slate Dollar Award:
4. $
5. Total Amount of Federal/Slate Dollars Received to Date.
5. $
6 Total Amount of Federal/Slate Dollars Requested, Not Received:
6 $
7. TOTAL AMOlJ.NT OF THIS REQUEST (#3 above):
17. $
8. Totals of Liaes 5,6, & 7.
8. $
9. Federal/State Award Balance (Line 4 minus Line 8):
9. $
A LIST OF ALL PURCHASES AND EXPENDmJRES MUST BE ATTACHED TO THE REIMBURSEMENT FORM
REQUIRED PROJECT DIRECTOR SIGNATURE ibJ
SUBMIT TWO SIGNED FORMS WITH ORIGINAL SIGNATURE TO OPSFS.
OPSFS Use OnlV:
O'Yes; 0 No Required Quarterly Financial and Narrative Reports have been submitted to date.
o Yes; 0 No Reported expenditures justify this REIMBURSEMEIVT request amount?
Expenses reported through are $
..A.....mcunt Requested en Line #7 above is 0 Approved; 0 Approved as modL."*1ed to $
r-, l"'\~_':_..1
L.....J .l..JC.lUCU
If Request was modified or denied, Reason:
Date
rRf':V)
Program Specialist. OPSFS
COLORADO OFflCE OF PREPAREDNESS SECURITY AND FIRE SAFETY (OPSFS)
OPSFS NARRA.TNE REPORT - QUARTERLY
SUBGR.>\.l'-<TEE. GRAl'iT NUMBER:
PROJECT TITLE: PROJECT DUR.!\TION
FROM. TO'
PREPARED BY:
DATE: PHONE. ( )
QUARTERLY PROGRESS REPORT. REPORT COVERS PROJECT ACTIVITY DURING THE
Complete Sections I & II below. FOLLOWING CALENDAR QUARTER OF 20_
(Refer to OPSFS Narrative Report-Final for oLiditional info171UIlion CO be Oct. 1. Dec. 31 Jan. 1 - March 31
reported at the end of the gran! duration.) April 1 - June 30 July 1 - Sept. 30
NOTE. Prepare this report according to the instructions on the reverse side. Requests for funds may be denied unless this report is complete and
filed on time as required by the Office of Preparedness Security and Fire Safety
SECTION L QUARTERLY DATA ELEMENTS:
NO quarterly data is required; HOWEVER, refer to OPSFS Narrative Report-FINAL for data that will have to be reported at the end of the grant
duration.
SECTION n. QUARTERLY NARRATIVE On a separate sheet(s), complete the narrative using the format below. Include the Gran! Nwnber,
quarter being reported, and da1e in the heading Number each page of the narrative section. Report activities for each goal and objective. If there
was no activity toward a particular objective during the quaner. sute such in the narrative, Break this infurmation duWll by <juarter. Be sure tu ose tlJe
most recently approved goals and objectives.
I Report problems, changes, other activities, and impact for each quarter. These components of the report are not included under each goal and
objective _
The narrative section should he a cU1T1uJative narrative (i.e., the fourth quarter report will include information on all four quarters.)
Format: GOAL 1:
Objective 1.
Proiect Activities:First Qruuier
Second Quaner
Third Quarter
Fourth Quarter
REPEAT mE ABOVE FORMAT FOR EVERY GOAL AND OBJECITVE. COMPIETE THE FOllOWING FORMAT FOR EACH OF THE
FOILOWING COMPONENTS: PROBLEMS, CHANGES, OTHER ACTIVmES, AND IMPACT. FOR EXAMPIE:
Problems: First Quarter
Second Quarter
Third Quarter
Fourth Quarter
fyped Name and Title of Project Director
Signature of Project Director / Date
SUBMIT TWO FO&.\1S WITH ORIGINAL SIGNATURES TO OPSFS
DETAll.,ED INSTRUCTIONS FOR COMPLETING OPSFS Narrative Report -QUARTERLY
fwo copies of this fonn, each with an original signature, must be submitted within 30 days after the closing date of the calendar quarter.)
uh~rantee: This is the agency to which the federal grant award was made.
~nmt Number: This is the grant nwnber assigned to the project by OPSFS. It can be found on the Statement of Grant Award.
miect Title: This is the name of the project, which is identified on the Statement of Grant A ward.
miect Duration: This is the period of the grant award indicated by the beginning and ending dates found on the Statement of Grant
ward. It can be changed only if the project requests and receives a grant extension as explained in the Administrative Guide.
revared Bv: This is the name of the person who actually prepared the report. Date: This is the date the fonn is completed.
bone: This is the phone number of the person wbo actually prepared the report. Please include the area code.
.eport Covers Proiect Activity Durin~: Indicate the year and check whicb calendar quarter this report Covers. If you are reporting on
55 than a full quarter, check the applicable quarter, and write in the exact dates covered.
he purpose of this report is to provide OPSFS with sufficient information to monitor grant implementation and achievement of
bjectives. Refer to the Administrative Guide or contact OPSFS for clarification of any item.
ECTION I. QUARTERLY DATA ELEMENTS NO quarterly data is required; HOWEVER, refer to OPSFS Narrative Report- FINAL
.r data that win bave to be reported at the end of the grant duration.
ECTION n. QUARTERLY NARRATIVE Use as many separate sbeets as necessary and include the Grant Number, quarter being
~ported, and date in the heading oi each. Number each page of the narrative Sh.-tion. This section should be Cih'"TIulati,.e, follumng the
Irmat indicated on the previous page.
roiect Activities: Report activities for each goal and objective. If there was no activity toward a particular objective during the quarter,
2!e such in the narrative. Break this information down by quarter. Be sure to use the most recently approved goals and objectives. The
:tivities reported sbould include those related to the implementation and impact of the project. This would include an analysis of any
ala conected. These activities may be reported in narrative or table form, whichever is appropriate, depending on the nature of the
)jective. Activities must address the progress made toward meeting goals and objectives. The fourth quarter narrative must explicitly
2!e wbether or not each objective was met. If it was not met, explain why.
objectives represent the me3DS by which managers measure the extent to which project goals are being accomplisbed. Identify the cause-
ld-effect relatiouship between project activities and goals and objectiYl:s. P'rocess ubjectives relate to implementation of the project such
; hiring staff, obtaining facilities, etc. Impact objectives relate to the project impact (e.g., homeland security related concerns and
rues).
roblems: Describe any problems the project bas encountered during the current quarter. indicate the steps you have taken to rt:Sulve
.em, or suggestions for ways OPSFS or other agencies might help you to resolve them. It is especially important to discuss all problems
~y so that they can be dealt with and resolved prior to any possible requests for future funding of this project.
roiect Chanl!es: Describe any major changes or modifications which have occurred or which are being considered. Examples are
l3nges in principal staff positions; objectives added, modified or deleted; and location changes. Proposed changes of objectives or budget
le items must be submitted for prior approval on the appropriate forms. Inclusion of chan~es in the Quarterlv report is not sufficient for
.vrovaL
ther Activities: Briefly summarize any other project activities which mayor may not have been specified in the grnnt application, but
hich may contribute to the progress of the project.
-eject Impact: Include an analysis of the project's impact on the problem statement addressed in the application. When it is too early
the life of the project to report definitively on impact, a statement to that effect with an explanation of the circumstances and such
ends as can be observed will be sufficient. The analysis should identify the specific ways in which the project has bad an impact (i.e.,
.meland security issues). If the project has a direct impact upon another agency or activity it should be discussed here. You may also
id any other comments.
COLORADO OFFICE OF PREPAREDNESS SECURITY AND FIRE SAFETY
FEDERAL/STATE AWARD, CASH MATCH, AND IN-KIND MATCH FUNDS
OPSFS QUARTERLY AND FINAL SUBGRANT FINANCIAL REPORT
See the reverse side of this form for detailed instructions for completinq this form
SUBGRANTEE: GRANT NUMBER:
PROJECT TITLE PROJECT DURATION
TO:
PREPARED BY_ WHICH CALENDAR QUARTER OF YEAR ODES THIS
REPORT COVER?
PHONE:! )
TYPE OF REPOR, July 1 Sep1. 30
1. Quarterly Progress . Quarter # , and/or 2. Final Report DeL 1-Dec. 31
- -
EXPENDITURES
Budget
Category
Personnel
Supplies
and
Operating
Travel
Equipment
Consultants
and
Professional
Services
Confidential
Funds
TOTALS
Fund
Source
Approved
Budget
A
Expenditures
Beginning of quarter
(C on previous
re ort)
B
C
Total
Expenditures
to Date (A + B)
Unpaid
Obligations
at end of
quarter
Expenditures
This Quarter
Award
Cash Match 2
In-k.ind Match 3
Total 4
Cash Match 10
In-k.ind Match
Total 12
Cash Match 1 4
In-k.ind Match
Total 16
Aw r i7
Cash Match 18
In-k.ind Match
Total 20
Aw r 21
Cash Match 22
Total 23
Award 24
Cash Match 25
In-kind Match
26
TOTAL $ 27
..REQUIRED SUBGRANTEE SIGNATURES: I certify that, to the best of my knowledge and belief, this report is correct
complete, and that all expenditures and unpaid obligations are for the purposes set forth in the grant award documents.
PrOject Director's Signature / Date
Financial Officer's Signature / Date
)ETAILED INSTRUCTIONS FOR COMPLETII= OPSFS Financial Report
Headinq
'Subgrantee: This is the agency to which the federal grant award was made
'Grant Number: This is the grant number assigned to the project by OPSFS. It can be found on the Statement of Grant
~ward.
'Project Title: This is the name of the project which is identified on the Statement of Grant Award.
'Duration: This is the period of the grant award. It can be found on the Statement of Grant Award, and is changed only
if the project requests and receives approval for a grant extension
Prepared By: This is the person who actually prepared the report.
Date: This is the date this form is completed.
'hone: This is the phone number of the person who actually prepared the report. Please include the area code.
'ype of Report: Check whether this is a quarterly progress report, and indicate which quarter number, or the final report at
he end of the project. In those cases where the last quarterly report is combined with the final report, check both Quarterly
'rogress and Final. The Final Financial Report may be combined with the last Quarterly Financial Report only if 1) the
lwarded funds and any required match have been fully expended; 2) there are no unpaid obligations remaining; and 3) the
eport is submitted no later than 30 days after the end of the grant award period.
:alendar Quarter Which This Report Covers: Fill in the year and the quarter you are reporting on.
:xpenditures: FederallState Award, Cash Match. and In-Kind Match:
leport ~ expenditures approved to be charged to this grant, broken down by category and source - federal/state award,
:ash, and in-kind match. If the project does not have a cash or in-kind match required, report only federallstate award
:xpenditures.
n each column, carry the sum of ail "Fund Source" rows to the Budget Category "Total" Row. For example, in Personnel, put
he sum of rows 1, 2 and 3 (in each column) in row 4. In "TOTALS" under Budget Category, enter the sum of the Fund
;ource amounts from the rows above in each column. For example, Award (Row #24) would be the sum of rows 1, 5, 9,
13, 17 and 21. To double-check your figures, Row 27, "TOTAL $" should be equal to the sum of rows 24, 25 and 26, and to
he sum of rows 4, 8, 12, 16, 20 and 23.
'Approved Budget: List the approved budget (federal/state award, cash match, in-kind match, and total dollars) in each
ludget category. If you have no approved budget in one or more budget categories, leave those lines blank.
xpenditures Beginning of Quarter (column labeled A): If this is the first fiscal report of the grant award, this entire column
:hould be zeros. No expenditures are allowed before the beginning of the grant award period.
f this is a subsequent fiscal report, these figures should be the same as the column labeled C on the previous quarter's
inancial report. This column indicates the total program expenditures prior to the quarter you are now reporting on.
xpenditures This Quarter (column labeled B): Enter all federal/state award and cash match/iin-kind match expenditures made
luring this quarter by budget category_
otal Expenditures to Date (column labeled C): Add columns A and 8 across and enter the total in column C.
npaid Obligations: An unpaid obligation is a fiscal encumbrance which the sub-grantee is legally obligated to pay because it
.as ordered something, or has entered into a subcontract for some service, but which has not yet been paid for at the end of
")e quarter. Unpaid obligations mayor may not exist at the end of any given quarter in a project, No Unpaid Obligations can
e charged to in-kind match. No Unpaid Obligations can remain on the Final Financial Report.
The following examples of unpaid obligations are not intended to be all inclusive:
'er50nnel: Future (beyond the end of the quarter) personnel costs are never an unpaid obligation.
;upplies and Operating: You have signed a purchase order for office supplies, but you have not yet paid the bill. However,
lture anticipated expenses for which no legal obligation to pay exists are never unpaid obligations.
'ravel: A staff member submits a travel voucher for travel which occurred during the quarter you are reporting on and you
fill not have an opportunity to pay the travel before completing the fiscal report.
equipment: You have signed an order or contract to purchase a vehicle, but you have not yet paid the bill.
'iofessioiial ServicesJCoiiSi..;Jtants: You have entered into a contract \'vith a consu!tantto provide a ser.rice. The unexpended
mount of the contract at the end of the quarter is an unpaid obligation.
;ignatures: 80th the designated Financial Officer and the Project Director must sign this report. Two original signed forms,
lust be submitted to OPSFS.
QUARTERLY REPORTS ARE DUE NO LATER THAN 30 DAYS AFTER THE END OF THE QUARTER.
FINAL REPORTS ARE DUE NO LATER THAN 45 DAYS AFTER THE END OF THE GRANT PERIOD.
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United States Department of Homeland Security
,.......
p~cg~llW~D~-
AUG 1 3 2003
'--
~
-
Office for Domestic Preparedness
August II, 2003
Washington. D.C 20531
'-
Ms. C. Suzanne Mencer
Colorado Department of Public Safety
700 Kipling Street. Suite 1000
Denver. CO 80215.5865
Dear Ms. Mencer:
I am pleased to inform you that the Office for Domestic Preparedness has approved the application for funding under the
Urban Areas Security Initiative Grant Program II in the amount of$15,568,474 for Colorado Department ofPubIic Safety
This funding will help your urban area(s) enhance its/their capacity to prevent terrorist attacks Involving chemical, biological,
radiological, nuclear or explosive (CBRNE) devices, as well as improve the ability of state and local emergency personnel to
respond to such incidents if they do occur. With this funding, you may purchase emergency responder equipment. as well as
pay for costs related to planning, conducting and evaluating chemical, biological, radiological, nuclear and explosive
(CBRNE) exen::ises, establishing CBRNE-related training, planning associated with the completion of the Urban Area
Homeland Security Strategy, and management and administration associated with the implementation of the overall Urban
Areas Security Initiative.
I hope this infonnation is useful and will help with the coordination of other federal, state, and local initiatives that deal with
emergency services and the enhancement of the capabilities of emergency responders to effectively address CBRNE
terrorism.
Enclosed you will find the Grant A ward and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports. resolution of all int~JinJ J.uJjt
findings, and the maintenance of a rninimwn level of eash-on-hand. Should you not adhere to these requirements, you will
be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
Program Questions, Marcelino Galvan. Program Manager at (202) 353-4893, and
Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at
(800) 458-0786. or you may contact Ihe CSC at askoc@ojp.usdoj.gov
Congratulations, and we look forward to working with you.
Sincerely,
~~
Andrew T MilchelI
Acting Director, Office for Domestic Preparedness
cc: Deborah Daniels
Enclosures
I
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~
EXHIBIT
JS-
..;
z
U.S. DEPARTMENT OF HOMELAND SECURITY
PAGE I OF 2
Grant
OFFICE FOR DOMESTIC PREPAREDNESS
RECIPIENT NAME AND A.DDRESS (Including ZIp Code)
Colorado Departmcnl of Public; Safety
700 Kipling Street, SUIte 1000
Denver, CO 80215~5865
i 4. AWARD NUMBER. 2003-EU-T3-0017
i
! 5. PROJECT PERIOD FROM 07/0]/2003 TO 06/30/2005
BUDGET PERJOD- FROM
07/01/2003 TO 06130/2005
I A. GRANTEE lRSNENOOR NO.
840644739
AWARD DA IE 08/11/2003
I 8. SUPPLEMENT NUMBER
j 7 ACTION
I
I
Initial
9, PREVIOUS" W \RD AMOillJT
so
3. PROJECT TITLE
10. AMOUNT OF THIS A W <\RD
S 15,568,474
Urban Areas Security Initiative Grant Program II
]1. TOTAL AWARD
5 ]5,568,474
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED I PAGE(S).
13. 5T A TUTORY AUTHORlTY FOR GRANT
This project is supported under P.L. 108-11
15. METHOD OF PA YMENT
LOCES
AGENCY APPROVAL
GRANTEE ACCEPTANCE
Andrew T Mitchell
C. Suzanne Mencer
Executive Director
ACTing Direnor, Office for Domestic Preparedness
~~~
~
17. SIGNATURE OF APPROVING DHS OFFICIAL
19 SIGNATURE OF AUTHORJZED RECIPIENT OFFlCIAL
19A DATE
20. ACCOUNTING CLASSIFICATION CODES
FISCAL FUND BUD. DlV
YEAR CODE ACT OFC. REG. SUB. POMS AMOUNT
21. EU03VOOOl2
T
EU
25
00
00
15568474
OJP FORM 40000 (REV 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV 4-88)
OFFICE FOR DOMESTIC PREPAREDNESS
AWARD CONTINUATION
SHEET
Grant
PAGE 2 OF 2
U.S. DEPARTMENT OF HOMELAND SECURITY
PROJECT NUMBER 2003-EU-T3~00I7
AWARD DATE
08/1 1/2003
SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of
the Office of Justice Programs (OJP) Financial Guide.
2. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-l33. Audits of States,
Local Governments, and Non-Profit Organizations, as funher described in the current edition afthe OJP Financial
Guide. Chapter 19
3 The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local
funds.
4. The recipient is prohibited from obligating, expending or drawing down any funds from this grant award. Upon
submission and approv~l of written concurrence from the core city and core county/counties on the SAA's
methodology for the initial allocation of funds (up to 25%) provided through the VASI Grant Program II and a budget
detail worksheet allocating up to 25% of grant funds, the program office will issue a Grant Adjustment Notice (GAN)
releasing those funds. The program narrative and detail budget worksheets must be drafted in accordance with the
guidelines provided in the Fiscal Year 2003 Urban Areas Securiry lnitiative . Grant Program]1. The recipient is
prohibited from obligating, expending, or drawing down the remaining 75% of grant funds until a validated urban area
assessment and urban area strategy have been submitted to and approved by ODP The recipient must provide
budget detail worksheets supporting the use of these funds to ODP no later than November 30, 2003
5. A maximum of3 percent of the total grant award received by sub-grantees may be used for adrninistr<ltive costs.
Administrative costs are defined as I) hiring of full or pan-time staff or contractors/consultants to assist with the
collection of the assessment data; 2) travel expenses; 3) meeting-related expenses; 4) conducting local program
implementation meetings; 5) acquisition of authorized office equipment. The State may not use any funds provided
under this program for administrative costs, but can use FY 2003 State Homeland Security Grant Program funds to
cover such costs.
6. The recipient agrees to use funds provided through the Fiscal Year 2003 Urban Area Security Initiative Grant
Program II in accordance with the guidelines provided in the Fiscal Year 2003 Urban Area Security Initiative II
Application Kit. Recipients must also obligate and pass through at least 80% of all grant funds awarded through this
program to local jurisdictions within the Urban Areas identified in the Fiscal Year 2003 Urban Area Security Initiative
II Application Kit within 45 days of receipt of funds.
7 The recipient agrees to establish a multi jurisdictional and multi disciplinary Urban Area Working Group, with
members from all contiguous jurisdictions and mutual aid partners. The Urban Area Working Group will oversee
conduct of the Urban Area Assessment and development of the Urban Area Homeland Security Strategy, as
required on page 4 of the application guidance.
OlP FORM 4000/2 (REV 4.88)
U.S. DEPARTMENT OF HOMELAND SECURITY
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
Grant
OFFICE FOR DOMESTIC PREPAREDNESS
PROJECT NUMBER
PAGE I Of 1
ZOO3-EU-T3-00l7
This project is supported under P.L 108-11
1.51 A.FF CONTACT (Name & telephone number)
2. PROJECT DIRECTOR (Name, add~ss & telephone number)
I
I
,
I 3a. TITLE OF THE PROGRAM
I
I
I
700 Kipling Street
Suite 3000
Df:-Vcr. CO 80:715-5865
,-
PROGRAM MANAGER
I
Marcelino Galvan
(202) 353-4893
CARMEN VELASQUEZ,USAI
303-239-4449
Urban Areas Security Initiative Grant Program 1I
3b. rOMS CODE (SEE INSTRUCTIONS
ON REVERSE)
, 4_ TITLE OF PROJECT
Urban Areas Security Initiative Grant Program II ,
5. NAME & ADDRESS OF GRANTEE I 6. NAME & ADRESS OF SUBGRANTEE
Colorado Department of Public Safety
700 Kipling Slreet, Suite 1000 I
I Denver, CO 80215.5865
7. PROGRAM PERlOD .. BUDGET PERIOD
FROM: 07/01/2003 TO: 06I301200S FROM: 07/01/2003 TO: 06130/1005
9. AMOUNT OF AWARD 10. DATE OF AWARD
S IS,568,474 08/11/2003
I II. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT
I
,
13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT
lS. SUMMARY DESCRIPTION OF PROJECT (See instruction on rcvcrse)
Through this accord. thc statc of Colorado will reccive grant funding in the amount of SIS,S68.474, at least 80'/e of which will be sub-awarded to the specified
urban area of Denver for the purchase of emergency responder equipment, for com related to planning, conducting and evaluating chemical, biological,
radiological, nuclear and explosive (CBRNE) exercises, for establishing CBRNE-related training, for planning costs associated with the completion oftbe
Urban Area Homeland Security Strategy, and for management and administration COSls associated with the implementation oflh.e overall Urban Areas Security
Initiative. The Denver urban area will receive alleast S12.4S4.779.20 through sub-awards_
OJP FORM 4000/2 (REV 4-88)
The maximum 20% of funds remaining with the Stale must be used by the stale to complement state assets that provide direct assistance to the urban area in order
to prevent. respond to and recover from an terrorist act, and any planning costs associated with the completIOn of the Urban Area Homeland Security Strategy
The stale is excluded from using these funds for any program management and administrative costs_ Funding for thIS program was determined by formula using
a combination of current threat estimates, critical assets WIthin the urban area, and population density The formula is a weighted linear I:Omhmauon of each
faclor, the result ofwhlctl is ranked 10 calculate the proportIOnal allocallon of resources.
Denartment or Aoencv Number: RAA
CLLN:
FEIN: gc.; - &000 ')J-O
CFDA#: To be indicated in each
SOGA as applicable
~
~
\
~
~
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MASTER CONTRACT
This Master contract, made tlus 7th day of May, 2003, by and between the State of
Colorado for the use and benefit of the Department of Public Safety, Office of
Preparedness, Secunty, and Fire Safety (OPSFS), 1505S S. Golden Rd., Golden, CO
80401-3971, heremafter referred to as the State or Department, and Denver County
heremafter referred to as the Contractor,
RECITALS
I Authonty eXists m the law and funds have been budgeted, appropnated, and
otherwise made available, and a suffiCient unencumbered balance thereof remams
available for payment in Fund Number_, Contract Encumbrance Number: As
detailed m Statement of Grant A ward( s ).
2. ReqUIred approval, clearance, and coordinatIOn has been accomphshed from and
With appropnate agencies.
3. The State annually andJor penodlcally receives funding from the followmg
federal agencies: the Federal Emergency Management Agency (FEMA) - under the
Department of Veterans Affarrs and Housmg and Urban Development, and Independent
AgenCies AppropriatIOns Act, 2000, Publtc Law 106-74, Robert T Stafford Disaster
Reltef and Emergency ASSIstance Act, as amended, Pubhc Law 93-288, as amended, 42
U.S C. S121 et seq; 42 U.S.C 519S et seq.; Omnibus ConsolIdated AppropriatIons Act
of 1997, Pubhc Law 104-208; and Department of Defense AuthorizatIon Act of 1986,
Pubhc Law 99-14S as amended; U S. Department of TransportatIOn (DOT) - under the
Hazardous MaterIals Umform TransportatIOn Safety Act 1990, Pubhc Law 101-61S, 49
V.S C. 5101 et seq., and the U.S Department of Justice (DOJ) - u.s. Department of
Commerce, Justice, and State, the JudiCiary and Related Agencies AppropriatIOns Act of
1999, Pubhc Law 10S-119, and Similar funding wruch will be distributed through the
Homeland Secunty Act of2002, Pubhc Law No 107-296, for the purpose of supporting
emergency management and preparedness actIVItIes to mclude admmlstratlOn, homeland
secunty, antl-terronsm, emergency plannmg, traming, exerclsmg, hazard mitigatIOn, and
procurement of facihties and equipment.
4 Local uruts of government (countIes, citIes and towns), CounCIls of Government
(COG), and Local Emergency Plannmg Comnuttees (LEPC) have been determined to be
authonzed ehgible Sub-Grantees under the above Identified Pubhc Laws and statutes, as
; EXHIBIT
Page 1 of 13
i
1
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c
well as under any present legislatIOn that IdentIties all or some of the entity types
specIfied above as elrgible Sub-Grantees, and CFR 40 Part 33, CFR 44 Parts 13 and 302,
CFR 49 Part 110, and CFR 28 Part 66
5. The State annually or penodlcally distributes federal funds recelVed to eXlstmg
contractors, deterrmned to be ehgible by the State usmg State and/or federal elrgibilrty
critena and whIch are in good standmg, usmg State developed applrcatlOn process, and
allocation procedure. The Contractor has been mcluded as a potential fundmg reCipient
by the State for emergency management and preparedness fundmg, to enter mto tills
agreement and to undertake the services desrred by the State and federal government. As
part of the apphcatlOn evaluatIOn process, the State mayor may not have modified the
Contractor's apphcatlOn and/or funding request to conform to program requIrements
and/or fund's availabihty
6. State fiscal rules require a State agency to enter mto a contractual agreement In
order to pass funds to either a local governmental entIty or a quasi-governmental entity
such as a COG or LEPC.
7. Tills Master contract IS in keepIng WIth applrcable State law CRS 24-S0-
S04(2)(a)(c)(e), personal services contracts not imphcatmg State personnel system, and
CRS 24-33.5-1604(1), dutIes and powers of the Office of Preparedness, Secunty, and
Fire Safety (OPSFS) and the rules and regulations of the State.
8. The Contractor IS capable and deSIres to perform the services.
NOW THEREFORE, subJect to the terms, conmtIons, provIsIOns and llillltations
contaIned in thIs Master contract, the State and the Contractor agree as follows
1. Scope of Work - The Contractor agrees to carry out the scope of work
described m each of its apphcation packages [as possibly modified by the State]
for emergency management and preparedness actIVities, as approved by the State
m ItS Statement of Grant Award (SOGA) (Exhibit A), and to do so In
conformance WIth tills Master contract and applicable federal and State laws,
rules, and regulatIOns pertainmg to each specIfic grant. At Its sole discretion, the
State reserves the nght to modify Grant ApphcatlOns and reduce requested award
amounts at the time of the 1llltIal award. The State does not guarantee the
Contractor will receive an award or any mInimum award amount. Upon Issuance
of an award from an IndIvidual applrcatlOn [as possibly modIfied by the State], the
SOGA and grant appltcahon will become a part of tills Master contract.
Contractor agrees to accept any awards resultmg from modified applicahons or
modified fundmg requests. Multiple awards may be Issued under tlus Master
contract.
2. Performance Period - ThIs Master contract shall become effective upon
the date of ItS proper executIon by the State Controller or deSignee and shall
contmue for a penod up to five (S) years, as long as the State contmues to
deSignate the Contractor as an eligible recipient of funds. All SOGAs (Exhibit A)
Page 2 ofl3
and modified SOGAs (Exhibit B) that may be Issued hereunder will Identify the
performance penod assocIated With the particular grant(s) mvolved.
3 Le2al Authority - The Contractor assures and warrants that It possesses
the legal authorrty to enter into tills Master contract. The person slgmng and
executmg tills Master contract on behalf of the Contractor does hereby warrant
and guarantee that he/she has full authonzatlOn to execute tills Master contract.
4 Compensation/Maximum Payable - All SOGAs (ExhibIt A), Issued by
the State under tills Master contract will authonze the Contractor to expend funds
and ilutlate requests for reimbursement up to the amount of the grant award and ill
accordance With program polICles. After the ongmal Issuance of a SOGA, the
parties may amend the fundlllg available on an award by utihzmg a modified
Statement of Grant Award (Modified SOGA) (Exhibit B) No SOGA (Exhibit A),
or Modified SOGA (Exhibit B) shall be deemed vahd until It shall have been
approved by the State Controller or hiS deSignee.
S Billin2/Payment Procedure - Upon receipt of the supporting receipts,
reports and summary documentatIOn, the State will reimburse the Contractor for
ehgible costs mcurred under the grant. Payment and mterest is subject to State
Fiscal Rule 2-5 and sectIOn 24-30-202(24) c.R.S (1999). A State warrant or
ElectroIllc Funds Transfer (EFT) will be Issued for reimbursement of ehgible
expenses. In those cases where a ~ontractor may have a cash flow problem
verIfied by the State, the State may reimburse the Contractor based upon unpaid
vendor lllVOlces. In these cases, which are an exception to normal practice, the
Contractor shall be responsible for payment to the vendor and provldmg paid
vendor mvolces to the State for Its records.
6 Advance of Funds - Some federal grants such as those for Homeland
Security, Emergency Preparedness, Operational Planning, Anti-Terrorism, and
Weapons of Mass Destruction (WMD) equipment purchases programs provide
for an advance of funds In such cases where the federal grant program allows
for advances, it will be the State's (OPSFS) decision as to whether a specific
Sub-Grantee's situation warrants the use of an advance In cases where an
advance of funds is authorized by the State, the Sub-Grantee will be responsible
for maintaining expenditure records, and reconciling such expenditures with the
advance of funds, based on a reporting schedule determined by the State If the
State authorizes advance payments of grant funds, such advances will be made ill
accordance With the then current State program pohcles and in comphance with
standard grant cash management practices as defmed m 44 CFR Ch.l, Part 13.20,
which reqUIre that expenses be mcurred as close to the draw-dovm date of the
funds as IS practicable
7. Current Award Period - An award shall be effectlve from the first date
shown m the performance penod on the SOGA (Exhibit A). For grants of an
annual recurnng nature the performance penod routlllely runs from October 1 of
one year through September 30 of the next year In cases of disaster declaratlons,
Page 3 of 13
the disaster declaratIOn process IS such that the actual funds for these programs
normally do not become available to the State until after the startmg date of the
performance penod. Tills results m SOGAs (Exhibit A), bemg Issued by the State
for a performance penod which may have started several months prevIously In
tlus sItuatIOn, the Sub-Grantee may have mcurred expenses dunng tlus penod that
are elIgible for rermbursement under the terms and conditIons of the grant
program.
8. Reversion of Excess Funds to the State
a. Any funds paid to the Contractor and not expended m connectIOn WIth an
SOGA shall be remItted to the State upon completlOn of the award or a
deterrrunatlOn by the State that the scope of the grant award will not be
completed. All State or federal funds encumbered under a SOGA or ModIfied
SOGA, but not reqUIred for completIOn of the award will be deobhgated by the
State.
b It IS expressly understood that If the Contractor receives State funds from
thiS contract in excess of Its fiscal year spendmg Irmlt, all such excess funds from
tills contract shall revert to the State Under no crrcumstances shall excess funds
from tills contract be refunded to other parties.
9 Financial Manal?:ement - At all times, from the effective date of tills
Master contract until closeout of each award Issued hereunder and through the
records retention period (paragraph 22.), the Contractor shall mamtam properly
segregated books of State funds, matchmg funds, and other funds associated With
each award. Contractor shall be responsible for accountmg for and reportmg on
any reqUIred match fundmg as mdlcated in the SOGA (Exhibit A) or modified
SOGA (Exhibit B) Records shall be maintamed m accordance with applicable
local and State procedures, and appropnate OMB circulars.
10. Reportinl?: - The Sub-Grantee shall meet all reportillg requrrements ill
accordance With the then current program poltcles and any subsequent forms and
related program pohcIes as required by the Federal Funding Agency or the State
Office of Preparedness, Secunty, and Fire Safety (OPSFS). All changes of
pohcles or forms for the OPSFS shall be transmitted to Sub-Grantee ill writing.
11 Amendments- If the State or the Contractor desrres to change the level of
fundmg and/or scope of services contamed in a SOGA or ModIfied SOGA, It can
do so VIa the issuance of a ModIfied SOGA (Exhibit B). Any such modified
SOGAs (Exhibit B) shall not be deemed vahd until the State Controller or hiS
deSignee shall have approved them. All other changes reqUIre a formal wntten
amendment to th1s Master Contract.
After the llltlal grant award, the State may unilaterally decrease (usmg a modified
SOGA- ExhibIt B) the amount of the grant award proVided that the amount is
Page 4 of 13
uncommitted, unspent, unperformed and undIsputed. Pnor to the Issuance of any
modified SOGAs (Exhibit B), the State and the Contractor will have mutual
dlscusslOn to determme exactly what IS uncomnlltted, unspent, unperformed and
undIsputed.
12. Audit-
a. DlscretlOnarv Audit - The State and the federal government, or any of
theIr duly authonzed representatIves shall have the nght to mspect, examine and
audit the Contractor's and any subcontractor's records, books, accounts and other
relevant documents For the purposes of a discretIOnary audit, the State
specifically reserves the rIght to IDre an mdependent Certified Pubhc Accountant
of the State's choosmg. A discretlOnary audit may be requested at any t1ll1e and
for any reason from the effective date of thiS Master contract or any SOGA Issued
thereunder until five (S) years after the date of each grant's offiCial closeout,
proVided that the audit IS performed durmg normal busmess hours.
b Mandatory AudIt - Whether or not the State or the federal government
calls for a discretIOnary audit as proVided above, the Contractor shall include the
ProJect m ItS annual audit report as reqmred by OMB Crrcular A-B3, and,' or the
Colorado Local Government Audit Law, 29-1-601, et seq, eR.S., and State
Implementmg rules and regulatIOns. Such audIt reports shall be submitted to the
Department. Thereafter, the Contractor shall supply the Department With copies
of all correspondence from the State Auditor or apphcable federal agency related
to the relevant audit report. If the audit reveals eVidence of non-comphance With
appltcable requirements, the Depanment reserves the rIght to instttute comphance
or other appropnate proceedmgs notwIthstandlllg any other JudiCial or
admuustratlve actlOns filed pursuant to 29-1-607 or 29-1-608, C.R.S.
13 Conflict of Interest -
a. No employee of the Contractor shall perform or proVIde part-time services
for compensation, monetary or otherwIse, to a consultant or consultant firm that
has been retamed by the Contractor under the authonty of thrs Master contract.
b The Contractor agrees that no person at any time exercismg any function
of responsibihty m connectIOn With this proJect on behalf of the Contractor shall
have or acqUIre any personal finanCIal or economIC mterest, dIrect or mdlrect,
which will be matenally affected by thiS Master contract, except to the extent that
he may receive compensatIOn for hIS performance pursuant to this Master
contract.
c A personal finanCial or economic mterest mcludes, but is not 11TI1lted to.
1) any bus mess ennty in wlllch the person has a dIrect or mdrrect
monetary mterest;
2) any real property 111 wIDch the person has a direct or indrrect
monetary mterest;
Page 5 of13
3) any source of mcome, loans, or gifts receIved by or promIsed to the
person WIthm twelve (12) months pnor to the executIOn date of
tills Master contract;
4) any busllless entIty in which the person IS a drrector, officer,
general or lImIted partner, trustee, employee, or holds any position
of management.
For purposes of tills subsectIOn, indIrect mvestment or lllterest means any
mvestment or mterest o\vned by the spouse, parent, brother, Sister, son, daughter,
father-m-law, mother-m-law, brother-in-law, sIster-m-law, son-m-Iaw, or
daughter-m-Iaw of the person by an agent or IDs/her behalf, by a general, Irmited
or silent partner of the person, by any busmess entity controlled by saId person, or
by a trust m willch he/she has substantlalmterest. A busmess entity IS controlled
by a person If that person, IDs/her agent, or a relatIVe as defmed above possesses
more than fifty percent (SO%) of the ownership interest. Said person has a
substantIal economic mterest m a trust when the person or an above-defined
relatIve has a present or future illterest worth more than one thousand dollars
($1,000.00)
d. In the event a COnflIct of interest, as described m tills Paragraph, cannot be
aVOIded Without frustratmg the purposes of tills Master contract, the person
mvolved m such a conflict of mterest shall subrrut to the Contractor and the State
a full disclosure Statement scttmg forth the details of such conflIct of interest. In
cases of extreme and unacceptable conflicts of mterest, as determmed by the
State, the State reserves the nght to terrnmate the Master contract for cause.
Failure to file a disclosure Statement required by thiS Paragraph shall constItute
grounds for terrmnatlOn of this Master contract for cause by the State.
14 Contract Suspension - If the Contractor fails to comply with any
contractual proVision, the State may, after notice to the Contractor suspend the
Master contract or any and all SOGAs or ModIfied SOGAs and Withhold further
payment or prohibit the Contractor from mcurring additIOnal obhgatlOn of
contractual funds, pendmg corrective actIOn by the Contractor or a deCISIOn by the
State to terrmnate m accordance WIth Contract Termmation (paragraph 15). The
State may determine to allow such necessary and proper costs, whIch the
Contractor could not reasonably aVOId dunng the penod of suspensIOn.
IS Contract Termination. This Master contract (and/or any resultmg
SOGAs or modified SOGAs) may be terminated as follows:
a. TermmatlOn Due to Loss of Fundmg - The parties hereto expressly
recogmze that the Contractor IS to be paid, reunbursed, or otherwise compensated
With funds proVided by the federal government to the State for the plL.-rpose of
contractmg for the services prOVIded for herem, and therefore, the Contractor
expressly understands and agrees that all ItS nghts, demands and clauns to
Page 6 of 13
compensatIOn ansmg under tills Contract are contmgent upon receipt of such
funds by the State. In the event that such funds or any part thereof are not
received by the State, the State may unrnedIately terminate or amend thIS Master
contract.
b TermlllatlOn for Cause/Default - If, through any cause, the Contractor shall
fail to fulfill m a tImely and proper manner Its obhgatlOns under thiS Master
contract, or If the Contractor shall vIOlate any of the covenants, agreements, or
stIpulatIOns of thiS Master contract, the State shall thereupon have the right to
term mate thiS Master contract for cause by gtvmg Wfltten notice to the Contractor
of such termmatlOn and speclfymg the effective date thereof, at least ten (10) days
before the effeclive date of such tcrmmation. In that event, all fim~hed or
unfinIshed documents, data, studIes, surveys, drawmgs, maps, models,
photographs, and reports or other matenal prepared by the Contractor under tills
Master contract shall, at the optIon of the State, become ItS property, and the
Contractor shall be entitled to receive just and eqUItable compensatIOn for any
satisfactory work completed on such documents and other materIals.
Notwlthstandmg the above, the Contractor shall not be relieved of Itabiltty to the
State for any damages sustamed by the State by virtue of any breach of the Master
contract by the Contractor, and the State may withhold any payments to the
Contractor for the purpose of offset until such tlme as the exact amount of
damages due the State frum tlle Contractor 13 determined.
c. TermlllatlOn for Convenience - The State may termrnate thiS Master
contract or any and all SOGAs or Modified SOGAs at any time the State
determmes that the purposes of the distributIOn of State moneys under the Master
contract or any and all SOGAs or Modified SOGAs would no longer be served by
completIOn of the proJect. The State shall effect such termmatlOn by gIvmg
Wfltten notIce of termmatlOn to the Contractor and speclfymg the effectIve date
thereof, at least twenty (20) days before the effectIve date of such terminatIOn. In
that event, all firushed or unfinished documents, data, studies, surveys, drawrngs,
maps, models, photographs, and reports or other material prepared by the
Contractor under thiS Master contract shall, at the optIOn of the State, become its
property, and the Contractor shall be entitled to receive just and equitable
compensatIOn for any satisfactory services and supplIes delIvered.
lfthe Master contract or any SOGA or Modified SOGA is terminated by the State
as provided ill tills subparagraph c, the Contractor will be paid an amount wmch
bears the same ratio to the total compensatIOn as the services satIsfactorily
performed bear to the total servIces of the Contractor covered by thiS Master
contract or the SOGA or ModIfied SOGA, less payments of compensatIOn
prevIOusly made, provided, however, that If less than SIXty percent (60%) of the
services covered by this Master contract or the SOGA or Mollified SOGA have
been performed upon the effective date of such telT'.u.lTIatlOn, the Contractor shall
be reimbursed (in addition to the above payment) for that portIOn of the actual
out-of-pocket expenses (not otherwise rerrnbursed under thiS Master contract or
the SOGA or Modified SOGA) mcurred by the Contractor dunng the Master
Page 7 of 13
contract or the SOGA or Modified SOGA penod wruch are duectly attributable to
the uncompleted portIOn of the services covered by tills Master contract or the
SOGA or ModIfied SOGA. In no event shall reImbursement under trus clause
exceed the Master contract or the SOGA or Modified SOGA amount.
16 Intel!ration - Trus Master contract as wntten With attachments and
references, is mtended as the complete mtegratlOn of all understandmgs between
the parties at tills tIme and no pnar or contemporaneous additIons, deletIOn, or
amendment hereto shall have any force or effect whatsoever, unless embodied m
a SOGA, modified SOGA or a Master contract amendment mcorporatmg such
changes, executed and approved pursuant to apphcable law
17. Severability - To the extent that tills Master contract may be executed and
performance of the obhgatlOns of the parties may be accomphshed wltrun the
mtent of the Master contract, the terms of the Master contract are severable, and
should any term or provIsIOn hereof be declared mvahd or become moperatIve for
any reason, such Illvahdlty or failure shall not affect the vahdlty of any other term
or prOVIsion hereof.
18 Recapture Provisions - In the event that the Contractor falls to expend
funds under tills Master contract m accordance With State laws and/or the
proviSIOns of tills Master contract, the Department reserves the nght to recapture
State funds III an amount equivalent to the extent of the noncomphance. Such
nghts of recapture shall eXist for a penod not to exceed five (S) years followmg
contract terrnmatIon.
Repayment by the Contractor of funds under this recapture provlSlon shall occur
witilln 30 days of demand, if the Contractor's failure is undisputed, or withm 30
days of [mal JudiCial determinatIOn, as approprIate
19 Assil!nment - Neither party, nor any subcontractor hereto, may assign ItS
nghts or dutIes under tills Master contract Without the pnor wntten consent of the
other party
20 Survival of Certain Contract Terms - Notwlthstandmg anythmg herem
to the contrary, the parties understand and agree that all terms and conditIOns of
tills Master contract and the exhibits and attachments hereto willch may requITe
contmued performance or compltance beyond the termmatlOn date of the Master
contract shall survive such termmatlOn date and shall be enforceable by the State
as prOVided herem in the event of such failure to perform or comply by the
Contractor or ItS subcontractors
21 Nondiscrimination -
a. The Contractor shall comply With all apphcable State and federal laws,
rules and reQU1atlOns and ExecutIVe Orders. Contractor may utihze the expertise
, '"
Page 8 of13
of the State Minonty Busmess Office Wlthm the Office of the Governor, for
assistance m complymg with the nondlscnmmatlOn and affirrnatIve actIOn
reqmrements ofth1s Master contract and appltcable statutes.
b. The AmerIcans With Dlsabllttles Act of 1990. Publtc Law 101-336, also
referred to as the "ADA 28 CFR Part 3S, The Contractor must comply WIth
ADA, which provides comprehensive CIvil rIghts protectIOn to mdlvlduals with
dlsabilttles m the areas of employment, publtc accommodatIOns, State and local
government services, and telecommurncatlOns.
22 Records Retention - The Contractor shall retam for at least five (S) years
after the State's clos!::oul uf each grant all record3 reqUIred for the grant mcludmg
documentatIOn and records of all expenditures mcurred under the grant bemg
closed. RetentIOn for longer than the five years may be deemed necessary to
resolve any matter which may be pendillg, This retentIOn is for the purpose of
review and audIt by the State, federal government or their authonzed
representatIve
23 Compliance with Federal Al!:reemenUContract Terms and Conditions,
Federal and State Law and Prol!:ram Rules and Rel!:uIations - At all trmes
dunng the performance ofthts Master contract, the Contractor shall stnctly adhere
to all apphcable Federal and State laws that have been or may hereafter be
establtshed. The Contractor shall also comply With all tcrms and conditions that
the State has entered into with the federal government as a part of the grant
apphcatlOn process and as spelled out in grant contracts/agreements, and all
apphcable federal and State laws, rules, and regulatIOns related to grant awards
under thiS Master contract. These mclude, but are not lumted to, compItance with
the followmg:
a. Arnencans With Dlsabilttles Act mcludmg Title II, SubtItle A/24, U.S C
Sec. 12101 et seq and Implementmg regulatIOns.
b OMB Circulars A21, A87, AllO, A124, and A133 as applicable
c, 31 U.S.C SectIOn 13S2 - ProhibitIOn Agamst use of Federal Funds for
Lobbymg.
d. Pnvacy Act of 1974, S U.S C SectIOn SS2a and RegulatIOns adopted there
under
e. CertIficatIon reqUIred by 49 CFR Part 29, "Government Debarment and
SuspensIOn"
f. Drug Free Workplace
g. Title VII of the Civil Rtghts Act 42 U.S.C SectIOn 2000 d-l et seq., and
ItS rmplementmg regulation m 44 CFR.
h. Others as may be mcluded ill the SOGA (Exhibit A), for a specific
grant.
Unless otherwise agreed by the parties, the Contractor assumes and will discharge
the obligahons of the State as grantee and recipient under the Federal Terms and
Page 9 of 13
ConditIOns, mcludrng the specific and general assurances as may be covered rn
AppendIces thereto, concernmg complIance of speCIfic federal statutes such as
those addressmg the Civil RIghts Act of 1964
24 Special Conditions and SOGAs - Beyond those conditIOns contarned m
thiS Master contract, special conditIOns may be lllcorporated mto a SOGA
(Exhibit A) or modified SOGA (Exhibit B), m the Scope and/or Grant
ConsIderations paragraph(s) of the mdlvldual award or m an attachment to the
SOGNmodified SOGA. These conditIOns, upon Contractor's receipt of the grant
or any modificatIons thereto, become a part of thiS Master contract, and legally
bllldrng under It.
2S Third Party Beneficiarv - Tills Agreement IS rntended solely to fund the
ProJect(s) proposed by Contractor and to defme the rIghts and responsibihtIes
between the parties WIth respect to such fundmg. This Agreement IS not mtended
to create any tlurd party nghts, nor are third parties entItled to rely upon any
proviSIOns herem stated.
26 Waiver - The waIver of any breach of a term, prOVISIOn, or reqUIrement of
thiS Master contract shall not be construed or deemed as waiver of any subsequent
breach of such term, provision, or reqUIrement, or of any other term, prOVIsIOn, or
requirement.
27 Software Piracy Prohibition - No State or other publIc funds payable
under this sub-grant shall be used for the acqUISItIon, operatIOn or maintenance of
computer software in VIOlatIOn of Umted States copynght laws or apphcable
lIcensmg restnctIons. The Sub-Grantee hereby certifies that, for the term of this
sub-grant and any extenSIOns, the Sub-Grantee has m place appropnate systems
and controls to prevent such rmproper use ofpubhc funds. If the State deternunes
that the Sub-Grantee is m VIOlatIOn of this paragraph, the State may exercise any
remedy available at law or eqUIty or under this sub-grant, lllcludmg, without
lImitatIOn, immedmte termmatlOn of the Sub-grant and any remedy consistent
With Umted States copynght laws or applicable lIcenslllg restnctlOns.
28 Governmental Immunity - Notwithstandmg any other proVISIOn of thiS
Master contract to the contrary, no term or conditIon of this Master contract shall
be construed or rnterpreted as a waiver, express or Implied, of any of the
Immunities, nghts, benefits, protectIOn, or other proVisions of the Colorado
Governmental Immumty Act, SectIOn 24-10-101, et.seq., CRS, as now or
hereafter amended. The partIes understand and agree that lIabilIty for clmms for
illJunes to persons or property ansmg out of neghgence of the State of Colorado,
ItS departments, mstItutIons, agenCIes, boards, offiCials and employees IS
controlled and lIrlllted by the provIsions of SectIOn 24-10-10 I, et. seq., CRS, as
now or hereafter amended and the nsk management statutes, Section 24-30-1501,
et. seq., CRS, as now or hereafter amended.
Page 10 of 13
29. Attachments - The followmg Items are consIdered to be attachments to
and part of tills Master contract:
a. Specific grant applIcation packages [as possibly modIfied by the State]
from the JUrIsdictIOn (Attachment I to Exhibit A)
b State SOGA (Exhibit A), or modIfied SOGA (Exhibit B) with all
attachments (including specIfic grant terms and conditions), for each
specIfic grant funded.
30 Order of Precedence - In the event of COnflictS or mconsistencies
between this Master contract and ItS exhibits or attachments, such conflicts or
mconslstencles shall be resolved by reference to the document III the follOWIng
order of prIOrIty.
a. Colorado SpeCIal ProvlSlons, pages -1L and 13
b Master contract, pages I to ~
c. ModIfied Statement of Grant Award (SOGA), Exhibit B
d. Statement of Grant Award (SOGA), Exhibit A.
e. Contractor's ApplIcatIOn (Attachment I to Exhibit A)
31. Federal Fundine: - This Master contract IS subject to and contmgent upon
the contmuing availabihty o[Federal funds for the purposes hereof.
32. Purpose of Contract and Release of Liability - The State is acting as a
condUIt to facilItate the "passing through" of Federal Funds from the Federal
Government to the Contractor The State IS not liable for any use or misuse of
any the products or services acquired by the Contractor (or any SUb-Griante s) ~
under the terms of thiS Master contract and any resultmg grant award(s) he "'T I.F
Contractor will defend and hold the State harmless many ensumg legal a IOns .
mvolvmg products or services acqUIred under tills Master contract. ""'k, +t-...e. €x:fett +
ttLl.1t..c", 12:-e..-f by jail)
33. Venue - The exclusive venue for all actIOns arIsmg under tills contract
shall be Dlstnct Court, City and County of Denver, Colorado
vu--
Page 11 of 13
SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
ThIs contract shall not be deemed val1d untillt has been approved by the Controller of the State of Colorado or
such assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202 (5.5)
Financial obl1gal1ons of the State of Colorado payable after the current fiscal year are contingent upon funds for
that purpose bemg appropnated, budgeted, and otherwise made available.
3. INDEMNIFICATION.
Indemnity. To the extent authonzed by law, the contractor shall indelIllufy, save, and hold harmless
the State agamst any and all clauns, damages, liabihty and court awards includmg costs, expenses,
and attorney fees incurred as a result of any act or omissIOn by the Contractor, or Its employees,
agents, subcontractors, or assignees pursuant to the terms of thiS contract.
No term or condition of this contract shall be construed or interpreted as a Waiver, express or imphed,
of any of the immumtIes, nghts, benefits, protectIOn, or other provisions for the partIes, of the
Colorado Governmental Immunity Act, Section 24-10-101 et seq. C.R.S. or the Federal Tort Claims
Act, 28 D.S.C. 2671 et seq. as applicable, as now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR
SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE
PURSUANT TO THIS CONTRACT CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE
NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD P ARTY PROVIDES
SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
CONTRACTOR SHALL HAVE NO AUTHORlZA TION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS,
LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND
KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE
ST ATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE
SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The contractor agrees to comply WIth the letter and the spmt of all appl1cable state and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW,
The laws of the State of Colorado and rules and regulations Issued pursuant thereto shall be applied m
the mterpretal1on, executIOn, and enforcement of this contract. Any proVISion of this contract,
whether or not mcorporated herem by reference, WhICh proVIdes for arbitratIOn by any extra-judicIal
body or person or wluch is otherwise m conflict With saId laws, rules, and regulatIOns shall be
consIdered null and void. Nothmg contamed m any prOVISIOn mcorporated herein by reference which
purports to negate thiS or any other special provlSlon m whole or m part shall be vahd or enforceable
or available m any actIOn at law whether by way of complaint, defense, or otherwise. Any provlSlon
rendered null and VOId by the operatIOn of thIS proviSIOn will not mvalidate the remainder of this
contract to the extent that the contract is capable of executIon.
At all times dunng the performance of thIs contract, the Contractor shall stnclly adhere to all
appltcable federal and state laws, rules, and regulatIOns that have been or may hereafter be
estab llshed.
7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or
beneficial interest whatsoever in the servIce or property described herein.
Rev 12/1/0\. COPS LAN VersIOn
Paoe 12 of 13
SPECIAL PROVISIONS
THE P.ARTIES HERETO HAVE EXECUTED THIS CONTR..A.CT
CONTRACTOR:
CITY & COUN~ OF DENVER
STATE OF COLORADO:
C:;;:RN~.wL L. ~c>>lo-
FOR C Suzanne Mencer, Executive Director
Department of Public Safety
Legal Name of Contracting Entity
6i-~oooSS-o
Social Security Number or FEIN
LEGAL REVIEW'
Ken Salazar, ATTORNEY GENERAL
See attached signature page
Signature of Authorized Officer
By: B '1 CVC&:v~ :tt f b 7
Print Name & Title of Authorized Officer
CORPORA nONS:
(A corporate seal or attestatiOn is reqUIred.)
Attest (Seal) By
(SEAL)
(Corporate Secretary or Equivalent,
or Town/City/County Clerk)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below, the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Arthur L Barnhart
By G<^ 5~
Date ? (2fJ(O>
I
Page Jl..- of 13
APPROVED AS TO FORM,
RECOMMENDED AND APPROVED
By:C;... ~ V ~"'-< Q
Mager of Safety
I~.J~\"- [c:...l(A/'U), () A-A &e-
Attorney for the City and County
of Denver
"-
REGISTERED AND COUNTERSIGNED
BY~~
Contract Control No )<('-3503 L.j
"CITY"
~
EXHIBIT A
COLORADO DEPARTMENT OF PUBLIC SAFETY
STATEMENT OF GRANT AWARD (SOGA)
'~/"'Of COlO'
!:...v.,.~~.--=- ."'f'..,.\
,f!. ~ <i~
i~' e 01
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FEDERAL PROGRAM INFORMATION
CFDA Number'
Federal Agency'
Federal Award Name & Number:
PO#
Renion #
Sub-grant Award Number:
Sub-grant Lead Agency Name.
Sub-grant Lead Agency Director'
Sub-grant Financial Agency Address:
Grant Period.
Date Issued:
OOOC~CJCOQ~CC~~[[c=cC=G=OCGCCC[=~CCOGODOOOOCCCC~C~CGGOCCCCCO=~=~OCO[CGOCQC=CC~CCDCCO
The Office of Preparedness, Security, and Fire Safety hereby awards a grant to the above-named sub-grant
lead agency pursuant to the terms of the Master Contract entered intn hy the parties on ,
identified under routing number The attached grant application [as possibly modified by
the State] is incorporated herein as part of this document.
APPROVED BUDGET
Total Federal Funds
ProJect Awarded
$
$
TOTAL BUDGET
Office of Preparedness, Security, & Fire Safety
REVIEWER
Printed Name
Printed Name
SIgnature
Signature
APPROVED
Signature
Page 1 of2
EXHIBIT B
COLORADO DEPARTMENT OF PUBLIC SAFETY
MODIFIED STATEMENT OF GRANT AWARD (MODIFIED SOGA)
FEDERAL PROGRAM INFORMATION
CFDA Number'
Federal Agency'
Federal Award Name & Number'
PO#
Reqion #
Sub-grant Award Number'
(original number) - X (for number of modification)
Sub-grant Lead Agency Name:
Sub-grant Lead Agency Director'
Sub-grant Financial Agency Address
Grant Period
Date Issued:
~CC~C=L=QDC~CC===CCJuC==~OOC~CC~OCO~OCCCCCLOCCCuDCCCCCDCC~CC~C[~CO=OCDCCC~OOOCC~OOCC
The Office of Preparedness, Security, and Fire Safety hereby awards a grant to the above-named sub-grant
lead agency pursuant tn thp. terms of the Master Contract entered into by the parties on
identified under routing number The attached modified grant application is here by
incorporated as part of this document. Modification of the original grant award is due to
APPROVED BUDGET
Original Modified
Total Federal Funds Total Federal Funds
ProJect Awarded A warded
$ $
$ $
TOTAL BUDGET
Office of Preparedness. Security, & Fire Safety
REVIEWER
Printed Name
Printed Name
Signature
Signature
APPROVED
Signature
Page 1 of2
Statement of Grant Award (SOGA)
INSTRUCTIONS
Grant activities must be based on the approved budget shown on page one of this Statement of
Grant Award, and the detailed budget(s) within the attached application as modified and approved
by the State The sub.grantee must secure prior written approval from OPSFS if there is to be a
change in any budget category
2. The sub.grantee will give the Financial Officer of the project a copy of this document in order to
adequately prepare the necessary financial reports.
3. The sub-grantee agrees that the attached grant application, and master contract, is hereby
incorporated by reference as part of this grant award.
4 Review carefully the enclosed letter for this grant program. It includes procedures regarding this
document, draw-down of grant funds, reporting requirements and requesting grant modifications.
5. This grant award shall be effective upon the intended start date (as set out in the grant period
shown on page 1 of this SOGA); however final approval by the State Controller or designee, is
required.
6. This grant award may be cancelled in whole without further cause by the Office of Preparedness,
Security, and Fire Safety within 20 days of the date of issuance.
ADDITIONAL OPSFS REQUIREMENTS
(1) All sub-grants are conditioned on the ability to report to the Office of Preparedness, Security, and
Fire Safety all the information contained on the OPSFS quarteny financial reporting and semi-
annual progress report forms, which are provided with this SOGA. Technical assistance is
available upon request.
(2) These funds cannot be guaranteed beyond the end date of the grant period on page 1 of this
SOGA. Unexpended funds remaining at the end of the grant period must be returned to the Office
of Preparedness, Security, and Fire Safety
Page 2 of2
Modified Statement of Grant Award (SOGA)
INSTRUCTIONS
1. Grant activities must be based on the approved budget shown on page one of this Statement of
Grant Award, and the detailed budget(s) within the attached application as modified and approved
by the State. The sub-grantee must secure prior written approval from OPSFS if there is to be a
change in any budget category
2. The sub-grantee will give the Financial Officer of the project a copy of this document in order to
adequately prepare the necessary financial reports.
3 The sub-grantee agrees that the attached grant application, and master contract, is hereby
incorporated by reference as part of this grant award.
4. Review carefully the enclosed letter for this grant program. It includes procedures regarding this
document. draw-down of grant funds, reporting requirements and requesting grant modifications.
5 This grant award shall be effective upon the intended start date (as set out in the grant period
shown on page 1 of this SOGA); however final approval by the State Controller or designee, is
required.
6. This grant award may be cancelled in whole without further cause by the Office of Preparedness,
Security, and Fire Safety within 20 days of the date of issuance.
ADDITIONAL OPSFS REQUIREMENTS
(1) All sub-grants are conditioned on the ability to report to the Office of Preparedness, Security, and
Fire Safety all the information contained on the OPSFS quarterly financial reporting and semi.
annual progress report forms, which are provided with this SOGA. Technical assistance is
available upon request.
(2) These funds cannot be guaranteed beyond the end date of the grant period on page 1 of this
SOGA. Unexpended funds remaining at the end of the grant period must be returned to the Office
of Preparedness, Security, and Fire Safety
Page 2 of2
BY-LAWS
OF
DENVER URBAN AREA LEADERSHIP GROUP AND
DENVER URBAN AREA WORKING GROUP
Preamble
The U S. Department of Homeland Security Office for Domestic Preparedness (ODP)
has initiated an Urban Area Security Initiative (UASI) Grant Program the purpose of
which is to facilitate planning, equipment acquisition, training, exercise support, and
administrative support for initiatives, programs and interagency coordination associated
with the delivery of emergency services to prevent, manage and mitigate disasters and
other emergencies. The programs and services which will emerge under the UASI
initiative will apply to the City and County of Denver and to the twenty-three (23)
contiguous cities, counties and fire districts to the City and County of Denver. Denver
and the twenty-three contiguous jurisdictions and organizations collectively will be
referred to as the Participating Entities or Entities.
The City and County of Denver, as the core city recipient of the UASI grant funds, will
fulfill the following core roles in order to achieve the goals of the UASI grant:
_ Work with the Colorado Department of Public Safety Office of Preparedness,
Security, and Fire Safety Point of Contact to implement the UASI grant.
Define the urban area.
Identify the contiguous cities, counties and fire districts that comprise the
participating entities.
Identify elected officials to serve on a leadership group, to be called the Urban Area
Leadership Group, for the UASI grant initiative
Work with the members of the Urban Area Leadership Group to identify
representatives to an Urban Area Working Group.
Achieve concurrence on grant budgets to be submitted to ODP.
Article 1
Purpose
A. The Urban Area Leadership Group will serve the following purposes and
functions:
1 to identify a primary voting member and one alternate voting member to
represent their participating entity on the Urban Area Working Group.
2. To review and approve the Strategic Plan and revisions developed for UASI
grants by the Working Group.
S..,:." Ie., b
3. To review and approve UASI grants for submission to ODP.
4, To assure the UASI Grant program's reporting and evaluation requirements
are met.
5. To issue any policies and business rules required to achieve the goals,
objectives, and tasks of the UASI grant.
6. To assure that required agreements among the participating entities are fully
executed.
7. To assure multi-disciplinary participation in the UASI Grant process to include
law enforcement, emergency medical services, emergency management, fire
services, hazardous materials, public works, governmental administration,
public safety communications, health care, and public health.
8 Ratify amendments to these bylaws.
B. The Urban Area Working Group will serve the following purposes and functions
1 To be responsible for the proper development of all Urban Areas Security
Initiative grant elements and reports.
2. To make funding, policy and program recommendations to the Urban Area
Leadership Group.
3 To conduct and update, when necessary, the urban area risk assessments.
4. To develop and update, when necessary, the Urban Area Homeland Security
Strategy.
5 To address planning, equipment, training, exercise needs and operational
activities of law enforcement, emergency medical services, emergency
management, fire service, public works, governmental administration, public
safety communications, health care, and public health of the contiguous
jurisdictions and fire districts of the UAWG, using available grant funds.
6 To determine the distribution of grant funds across the six funding areas as
defined in the Urban Areas Securities Initiative Grant Program
7 To promote the coordination and integration of plans, training, equipment
acquisition, exercises and operational activities with the State and the North
Central Region.
8 To incorporate the Incident Command System within all first responder
operations during the grant period and to implement the National Incident
Management System (NIMS) when it becomes available.
9 To accomplish any other UASI grant initiative related task defined by the
Urban Area Leadership group.
2
Article 2
Membership
The participating entities on both the Urban Area Leadership Group and the Urban Area
Working Group are:
Commerce Cit
Cunnin ham Fire District
Greater Sri hton Fire District
Jefferson Count
Littleton Fire Protection District
North Washin ton Fire District
South Adams Count Fire District
South Metro Fire Rescue
Southwest Adams Fire District
State of Colorado
West Metro Fire Rescue
Wheat Rid e
A. Voting Members:
The City and County of Denver, as the core area for the Urban Area Security
Initiative, will invite leaders from the participating entities to join the Urban Area
Leadership Group, in accordance with the UASI program guidelines Invited leaders
shall be either elected or appointed officials, representing the jurisdictions, or
executive managers representing organizations such as a fire districts contiguous to
the City and County of Denver. Each participating entity shall have one vote on the
leadership group The invited participating entity shall identify a primary voting
member to the Leadership Group. The participating entity may identify one
alternate member of the Leadership Group to represent the entity when the primary
member is absent from meetings. The members will serve without compensation.
Each Participating entity on the Urban Area Leadership Group shall appoint a voting
member as a primary member to the Urban Area Working Group. Each participating
entity shall have one vote on the Working group. In addition, the Leadership Group
primary member may identify one alternate member to the Working Group to
represent the entity when the Working Group primary member is absent from
meetings. The members will serve without compensation.
Voting members to the Urban Area Working Group can be selected by members of
the Urban Area Leadership Group from law enforcement, emergency medical
services, emergency management, fire services, hazardous materials, public works,
governmental administration, public safety communications, health care, and public
3
health. The selected Working Group voting member for a participating entity will
represent all the responder agencies and organizations in that participating entity
once appointed to the Working Group
In addition, The UASI Grant Program Point of Contact from the Colorado
Department of Public Safety Office of Preparedness, Security, and Fire Safety also
shall be a voting member of the Leadership and Working Groups.
B Non-Voting Members:
Non-Voting members to the Urban Area Working Group may be invited by members
of the Leadership Group or Working Group to participate in the UASI process from
law enforcement, emergency medical services, emergency management, fire
services, hazardous materials, public works, governmental administration, public
safety communications, health care, public health, transportation, private industry or
any other organization deemed to have resources, expertise, or capabilities relevant
to enhancing the urban area preparedness.
Article III
Powers and Duties of the Urban Area Leadership Group
The Urban Area Leadership Group shall be responsible for the following:
1 To review and approve budgets to be submitted to ODP.
2. To review and approve the Strategic Plan developed for the UASI grant.
3 To review and approve UASI grants for submission to ODP.
4. To assure the UASI Grant program, reporting and evaluation requirements are
being met.
5. To issue any policies and business rules required to achieve the goals,
objectives, and tasks of the UASl grant.
6. Ratifying amendments to these bylaws.
Article IV
Powers and Duties of the Urban Area Working Group
A. The Urban Area Working Group shall be responsible for the following:
1. Proqram Manaqement Recommendations - The Voting Members shall conduct,
4
manage, and control the affairs and activities of the Denver Urban Area Working
Group and make recommendations to the Leadership Group in matters
pertaining to the administration, programmatic direction and operational direction
of the Urban Areas Security Initiative grant program in accordance with the
Strategic Plan.
2. Proqram Definition and Planninq - The Urban Area Working Group Voting
Members, or subcommittees thereof, shall be responsible for defining the Urban
Area Risk Assessment; developing the Urban Area Strategic Plan; developing
the Resource Capability and Needs Assessment; assuring the National Incident
Management System (NIMS) implementation, identifying other training and
exercise needs; equipment acquisition; identifying and addressing legal
considerations; defining required communications/information technology; and
overall initiative management and administration.
3 Budqet Preparation - The Urban Area Working Group Voting Members, or
subcommittees thereof, shall be responsible for preparing grant budgets that will
include line items for program administration and management staffing,
purchases, training, exercises and program evaluation.
4 Equipment. supplies and materials Purchases - The Urban Area Working Group
Voting Members, or subcommittees thereof shall be responsible for determining
the equipment, materials and supply purchases to be made with the UASI grant
funds, based on its priorities as determined by the risk scenarios, risk
assessments, capability gaps, and strategic plan
5 Publicizinq the Proqram - The Urban Area Working Group, or a subcommittee
thereof, shall determine the methods and type of publicity used to inform the
public about the Urban Area Working Group's processes and progress and to
make the initiative familiar to the general public.
6 Proqram Liaison - The Urban Area Working Group Voting Members will maintain
proper communications between the grant program and the leadership within the
local jurisdictions, county jurisdictions and fire districts contiguous to Denver
other metropolitan area jurisdictions and organizations, the Stat, and ODP.
B Terms of Voting Members - A Voting member will maintain his/her position on the
Urban Area Working Group, once appointed by the voting representatives on the
Urban Area Leadership Group, until that appointment is terminated or changed by
the Urban Area Leadership Group representative
C Vacancies on the Urban Area Working Group - Upon determining that a Voting
Member has been absent from three consecutive meetings, the Urban Area
Working Group Chair shall inquire or cause inquiry to be made to determine whether
said Voting Member intends to retain his or her seat or whether the jurisdiction that
the Voting Member represents intends to continue participation on the Urban Area
5
Working Group. If the Voting Member fails to respond or if the Chair deems the
Voting Members' response to be inadequate, the Chair shall cause written notice to
be made to the Voting Member's representative on the Urban Area Leadership
Group, stating a vacancy has occurred in that organization's participation on the
Working Group. A vacancy that occurs on the Urban Area Working Group shall be
filled by an appointment made by the Voting Member of the Urban Area Leadership
Group for that jurisdiction or organization.
Article V
Role of the Chair
A. Urban Area Leadership and Working Group Chair - The Urban Area Leadership and
Working Groups shall be chaired by the Manager of the Denver Department of
Safety or his/her designee.
B. Duties of the Chair - The Chair shall preside at each meeting of the Urban Area
Leadership and Working Group, cause the agenda for the meetings to be set, carry
out general executive responsibilities, appoint committees as deemed necessary,
and represent the views of the two Urban Area Groups.
C. Committees - The Chair at his/her discretion may appoint committees to study and
report on any matter of concern, to draft proposed policies, or to develop and
propose any position, or for any other purpose. The chair shall appoint committee
chairs of the Urban Area Working Group. Any report or proposed position
developed by any committee shall be presented to the entire Urban Area Working
Group for its approval at any regular or special meeting
Article VI
Procedures
A. Regular Meetings - The Urban Area Leadership Group shall meet at least twice a
year with the Urban Area Working Group for the purpose of presenting
recommendations regarding federal funding requests and budgets, the Urban Area
Working Group's Strategic Plan, or for such other purposes as the Chair shall
determine. The Urban Area Working Group shall hold as many meetings as it
deems necessary, which shall be held at such times and places as the Members of
the Urban Area Working Group may determine.
B. Special Meetings - Special meetings of the Urban Area Leadership Group may be
called by the Manager of Safety. Special meetings of the Urban Area Working
Group may be called at the request of the Urban Area Leadership Group or by the
Chair of the Working Group. Special meetings shall be at such place as the Chair
6
of the Urban Area Leadership Group or Chair of the Working Group, as is
appropriate, may determine.
C Regular Meeting Notice - The time and place of regular Leadership and Working
Group meetings shall be communicated to at least 7 days prior to the regular
meetings. Notice shall include agenda materials and will be deemed to be given
when said material is sent via facsimile, personal delivery or electronic mail to the
Group members.
o Special Meeting Notice - The time and place of special meetings shall be
communicated to Urban Leadership Group members or to Urban Area Working
Group members, as the case may be, at least 14 days prior to the special meeting.
Notice shall include agenda materials and will be deemed to be given when said
material is sent via facsimile, personal delivery or electronic mail to the Group
members.
E Quorum - A quorum, for the purposes of conducting Urban Area Leadership Group
business, shall consist of thirteen (13) voting Urban Area Leadership Group
members or their alternates present at a meeting. A quorum, for the purposes of
conducting Urban Area Working Group business, shall consist of thirteen (13) voting
Urban Area Working Group members or their alternates present at a meeting For
the purpose of determining a quorum, the participating entity alternate
representatives will be counted only when the primary voting member is absent. All
acts of either the Urban Area Leadership Group or the Urban Area Working Group
shall be by vote when at a regular or special meeting.
F Voting - All acts of the Urban Area Leadership Group shall be by vote when at a
regular or special meeting. Only Urban Area Leadership Group Voting Members
shall vote on Urban Area Leadership Group issues. Each Urban Area Leadership
Group participating entity shall have one vote. Absent members are encouraged to
send their alternates, but proxy votes (defined as one entity voting on behalf of
another entity) shall not be allowed. Motions shall pass upon a majority vote of the
members present, however, the Chair shall retain the prerogative at any time to poll
absent members for controversial issues. In such instances of polling absent
members, the chair will call for a vote of the members present at the meeting but will
suspend the outcome of the vote until the polling of the absent members has been
completed. Upon completion of the polling, the chair will combine the vote totals
and then declare the outcome to the Leadership Group membership.
All acts of the Urban Area Working Group shall be by vote when at a regular or
special meeting. Only Urban Area Working Group Voting Members shall vote on
Urban Area Working Group issues. Each Urban Area Working Group participating
entity shall have one vote Absent members are encouraged to send their
alternates, but proxy votes (defined as one entity voting on behalf of another entity)
shall not be allowed. Motions shall pass upon a majority vote of the members
present, however, the Chair shall retain the prerogative at any time to poll absent
7
members for controversial issues In such instances of polling absent members, the
chair will call for a vote of the members present at the meeting but will suspend the
outcome of the vote until the polling of the absent members has been completed
Upon completion of the polling, the chair will combine the vote totals and then
declare the outcome to the Working Group membership.
G. Agenda for Meetings - Agendas shall be distributed by mail or sent by facsimile,
personal delivery or electronic mail to all Urban Area Leadership Group Members or
to all Urban Area Working Group Members for meetings of their respective groups.
Members of each group shall have the right to have items placed on meeting
agendas for their respective groups. It shall be the responsibility of any Group
Member, desiring to have an item placed on an agenda, to present it to the Chair or
administrative staff person within a reasonable time to allow inclusion of the item on
the agenda prior to distribution. The agenda may be changed by majority vote of
the members present.
H Minutes and Records - Minutes shall be recorded and transcribed of all regular and
special meetings of the both the Urban Area Leadership Group and the Urban Area
Working Group and shall be approved by the members of their respective groups at
their next regular meetings. Copies of the minutes shall be forwarded to Group
Members prior to their next scheduled meeting.
Robert's Rules of Order - All matters not covered by these By-Laws shall be
governed by Robert's Rules of Order.
Article VII
Amendment of By-Laws
These By-Laws may be amended by a minimum of 18 affirmative votes of the twenty-
four (24) participating entities after a proposed amendment has received one reading at
a regular Urban Area Working Group meeting. Any amendment to the By-Laws must be
ratified by the Urban Area Leadership Group by a minimum of 18 affirmatives votes.
Proposed amendments shall be distributed to Urban Area Working Group and
Leadership Group members at least ten (7) days preceding the meetings at which the
respective readings will take place.
Adopted This Day of
,2003
Approved
Name:
City of Denver, Urban Area Leadership Group, Chair
8
Name:
County of Denver, Urban Area Leadership Group
Name'
Adams County, Urban Area Leadership Group
Name:
Arapahoe County, Urban Area Leadership Group
Name.
Arvada Fire Protection District, Urban Area Leadership Group
Name.
City Of Aurora, Urban Area Leadership Group
Name.
City of Arvada, Urban Area Leadership Group
Name.
City of Cherry Hills Village, Urban Area Leadership Group
Name:
City of Englewood, Urban Area Leadership Group
Name
City of Glendale, Urban Area Leadership Group
Name:
City of Greenwood Village, Urban Area Leadership Group
Name
City of Lakewood, Urban Area Leadership Group
Name.
City of Littleton, Urban Area Leadership Group
Name
City Of Sheridan, Urban Area Leadership Group
Name'
Commerce City, Urban Area Leadership Group
Name:
Cunningham Fire District, Urban Area Leadership Group
9
Name:
Greater Brighton Fire District, Urban Area Leadership Group
Name
Jefferson County, Urban Area Leadership Group
Name:
Littleton Fire Protection District, Urban Area Leadership Group
Name:
North Washington Fire District, Urban Area Leadership Group
Name.
South Adams County Fire District, Urban Area Leadership Group
Name
South Metro Fire Rescue, Urban Area Leadership Group
Name'
Southwest Adams Fire District, Urban Area Leadership Group
Name
West Metro Fire Rescue, Urban Area Leadership Group
Name:
Wheat Ridge, Urban Area Leadership Group
10
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