HomeMy WebLinkAbout07942ORDINANCE NO. 7942
AN ORDINANCE AUTHORIZING ACCEPTANCE OF FUNDS FROM PUEBLO COUNTY
PURSUANT TO A GOVERNOR'S OFFICE OF HOMELAND SECURITY GRANT CFDA NO.
11.555, BUDGETING AND APPROPRIATING THE AMOUNT OF $609,628, AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE ANY
INSTRUMENTS REQUIRED FOR RECEIPT OF SAID GRANT FUNDS
WHEREAS, the State of Colorado acting by and through the Governor's Office of
Homeland Security has entered into a grant agreement CFDA 11.555 (the "Grant Agreement ")
with the County of Pueblo ( "County ") which provides the amount of $609,628 as pass- through
funding for the acquisition of radio equipment by the city of Pueblo ( "City "); and
WHEREAS, County is authorized and willing to provide such funds to City for the
acquisition of said radio equipment, subject to the requirements of the Grant Agreement, and
WHEREAS, the Grant Agreement requires local matching funds to be provided in the
amount of $152,408, which funds are to be provided by City; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council hereby authorizes acceptance of funds in the amount of $609,628 from
County for purposes authorized in, and subject to the terms of, the Grant Agreement.
SECTION 2.
City matching funds required under the terms of the Grant Agreement in the amount of
$152,408 are authorized for expenditure from the appropriation made by Ordinance No. 7674.
.qFrTIr)N
Project No. CP0704 was established within the Capital Improvement Special Revenue
Fund, and the additional amount of $609,628 is hereby appropriated into said Project. All
expenditures under this grant shall be expended from Project No. CP0704.
SECTION 4.
The President of the City Council is authorized to execute and deliver any instruments
required to effect acceptance of funds from Pueblo County in accordance with the requirements
of the Grant Agreement on behalf of the City.
SECTION 5.
This Ordinance shall become effective immediately upon final passage and approval.
SECTION 6.
Due to volume pricing that is subject to expiration after approximately December 17,
2008, the City Council hereby finds, determines and declares that this Ordinance is necessary
for the immediate preservation and protection of the public health, property, safety and welfare.
INTRODUCED: December 8. 2008
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 1
DATE: December 8, 2008
DEPARTMENT: Information Technology
Director John Wilkinson
TITLE
AN ORDINANCE AUTHORIZING ACCEPTANCE OF FUNDS FROM PUEBLO COUNTY
PURSUANT TO A GOVERNOR'S OFFICE OF HOMELAND SECURITY GRANT CFDA NO.
11.555, BUDGETING AND APPROPRIATING THE AMOUNT OF $609,628, AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE ANY
INSTRUMENTS REQUIRED FOR RECEIPT OF SAID GRANT FUNDS
ISSUE
Should the City Council authorize acceptance of funds from Pueblo County, received under a
Governor's Office of Homeland Security Grant, in the amount of $ 609,628 for the acquisition of
police radio equipment, and provide matching funds of $152,408?
RECOMMENDATION
Approval of the Ordinance
BACKGROUND
Pueblo County has been awarded a State Homeland Security grant which includes $609,628 for
the purpose of City acquiring radio equipment consisting of 425 hand -held and vehicle- mounted
radios and accessories. Pueblo County will release the funds to City subject to compliance with
the terms of the Grant Agreement.
These radios will fulfill the remaining radio needs for the City, and will be used by Public Works
employees who may respond to emergencies.
FINANCIAL IMPACT
The radios to be acquired have a value of $762,036. The grant award is for $609,628, leaving a
required match from the City of $152,408. The match amount is available from unspent
proceeds of a lease agreement entered into by the City in October 2007 (Ordinance 7674) and
those proceeds are currently appropriated for expenditure in capital project CP0704. The
amount of this grant award, $609,628, will be budgeted and appropriated to the project in
addition to the balance of unspent lease proceeds. Repair of the radios, after the initial four -
year warranty expires, will be the City's responsibility.
Routing # 09 -00025
Encumbrance # 98HS78852
CFDA# 97.067
STATE OF COLORADO
GOVERNOR'S OFFICE OF HOMELAND SECURITY (OHS)
STATE HOMELAND SECURITY GRANT PROGRAM
GRANT AGREEMENT
with
Pueblo County
. •5
TABLE OF CONTENTS
1. Ctxm 11GJ .... ............... ............ : ......... . ...... ................ ....... .............................. . .......... ............ .. ....... .........................................
�.
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY .................................................................. ...............................
2
3. RECITALS ............................................................................................................................................ ...............................
2
4 . DEFINITIONS .................................. ............................................................ .......... .................................. ............................
2
5. TERM AND EARLY TERMINATION ............................................................................................... ...............................
3
6. STATEMENT OF WORK ............................................... ..................................................................... ...............................
3
7. MATCHING FUNDS .. ...............................
3
8. GRANTEE FINANCIAL MANAGEMENT ........................................................................................ ...............................
4
9. PAYMENTS TO GRANTEE ................................................................................................................ ...............................
4
10. REPORTING AND NOTIFICATI ON ............................................................................................... ..........I....................
5
11. GRANTEE RECORDS ....................................................................................................................... ...............................
5
12. CONFIDENTIAL INFORMATION -STATE RECORDS..... .............................................................. ..............................6
13 CONFLICT OF I NTEREST .......................... .................... .... .............................................................. ..............................6
14. REPRESENTATIONS, WARRANTIES, AND INSPECTIONS ........................................................ ..............................7
15. INSURANCE ...................................................................................................................................... ...............................
8
16 DEFAULT - BREACH .......................................................................................................................... ..............................
17. REMEDIES .......................................................................................................................................... ..............................
18. NOTICES AND REPRESENTATIVES ...................... ............. .................. .... ..... ___ ........................... ..................:..... 11
19. GOVERNMENTAL IMMUNITY.. .................................................................................................. ............................... 1
I
............................................................................................. ............................ ... 11
20. MISCELLANEOUS ..................... ..
21. COLORADO SPECIAL PROVISIONS ........................................................................................... ............................... 1
22 SI GNATURES .................. ............................... .......................................................................... ............................... 16
1 . EXHIBIT A -APPLICABLE LAWS ................................................................................................... ...............................
1. EXHIBIT B - STATEMENT OF WORK - GRANT APPLICATION ................................................ ...............................
I
Page 1 of 16
1. PARTIES
THIS GRANT AGREEMENT ( "Grant ") is entered into by and between Pueblo County ( "Grantee "), and the
STATE OF COLORADO (the "State ") acting by and through the Govemor's Office of Homeland Security (the
"Office ").
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY.
This Grant shall not be effective or enforceable until approved and signed by the Colorado State Controller or
authorized delegate ( "Effective Date "), but shall be effective and enforceable thereafter in accordance with its
provisions. The Office shall not be obligated to pay or reimburse Grantee for any performance hereunder,
including, but not limited to costs or expenses incurred, or be bound by any provision of this Grant prior to The
Effective Date; provided, however, that
A. Authorized by Funding Authority
Pre -award costs for approved budget line items in the Exhibit B, which are related to Regional
Coordinator expenses in the Personnel and Management and Administration Solution Areas, incurred on
or after October 1, 2008, may be stAmitted for reimbursement as if incurred after the Effective Date.
B. Non - Federal Funds
Al I or some of the costs or expenses incurred by Grantee prior to the Effective Date which have been or
will be.paid with non - federal funds may be included as a part of Grantee's non - federal match
requirement, set forth herein and in Exhibit B, if such costs or expenses are properly documented as
eligible expenses in accordance Exhibit B.
3. RECITALS
A. Authority, Appropriation, And Approval
Authority for this Grant arises from CRS §24 -32 -2101 et seq. Authority exists in the law and funds have
been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof
remains available for payment and the required approval, clearance and coordination have been
accomplished from and with appropriate agencies.
B. Grantee
Grantee is an eligible recipient of Grant Funds made available by the Program, as defined below, and
awarded by this Grant.
C. Purpose and Office's Role
The Office administers funds made available for the purpose of enhancing Homeland Security - related 1
prevention, response and recovery capabilities throughout the State.
4. DEFINITIONS
The following terms as used herein shall mean and be used, construed, and interpreted as follows:
A. Effective Date
Effective Date means the date this Grant is effective and enforceable in accordance with §2 above.
B. Exhibits
The following exhibits are attached hereto and incorporated by reference herein: Exhibit A (Applicable
Laws) and Exhibit B (Statement of Work).
C. Goods
Goods means any physical item produced or manufactured and acquired by Grantee either separately or in
conjunction with the Services rendered hereunder that are required by the provisions hereof.
D. Grant Funds
Grant Funds means the fiends available for distribution by the Office to Grantee for use in connection with
the Project described in Exhibit B.
E. Party or Parties
Party or Parties means one or both of the Office and Grantee.
F. Program
Program means the federal or state funding for this Grant.
G. Project
Project means the Project described in the Exhibit B.
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ow
H. Project Budget
Project Budget means the Project Budget described in Exhibit B.
X < _
Rec€pient means any eligible entity to which Grantee provrdes,or assigns equipment or other tangible
goods procured by Grantee with funds
-I ade available under this Grant
J. Services _.._... _ .� to .._ .. _ rib
Services means services performed or tangible material produced or delivered in completing the Project
and in performance of Grantee's other obligations hereunder.
K Subgirant /Subgrantee
Subgrant rrieans any award or grant of fmancial assistance made to any other eligible entity through this
grant. Subgrantee means any recipient of a subgrant made by the Grantee pursuant to the Grant!
L. Termination Date
Termination Date means the date this Grant terminates as described in §5 below.
M. Work
Work means the tasks Contractor is'required to perform in order to fulfill its obligations hereunder.
N. Work Product
Work Product means software, research, reports, studies, data, photographs, negatives or other finished or
unfinished documents; drawings, models, surveys, maps, materials, or work product of any type,
including drafts, prepared by Grantee in completing the Project and in performance of Grantee's other
obligations hereunder.
5. TERM AND EARLY TERMINATION
A. Initial Term -Work Commencement
The term of this Grant shal I commence on the later of the Effective Date or October 15, 2008 and
terminate on May 31. 2011 unless terminated earlier as provided below. Grantee's obligations under this
Grant shall be undertaken and performed in the sequence and manner set forth in Exhibit B (Statement of
Work). Performance of this Grant shall commence as soon as practicable after the Effective Date.
B. Office's Option to Extend
The Office, in its sole discretion and upon written notice to Grantee, may unilaterally extend the term of
this Grant for aperiod of up to three months under the same provisions as the original Grant. This
extension shall terminate at the earlier of either the end of the three month period or when a replacement
Grant is signed by the Parties and approved by the State Controller or authorized designee. Any other
extension of the term of this Grant requires an amendment made in accordance with §20 below.
C. Early Termination
This Grant is subject to early termination in accordance with §17 and §9 below.
6. STATEMENT OF WORK
Grantee shall complete the Project and perform its other obligations as described herein and in Exhibit B.
Grantee shall prosecute its obligations hereunder and in Exhibit B with due diligence to completion. The Office,
in its sole discretion, but in accordance with limitations imposed by the Office of the State Controller, may
change budgetary lines in the Project Budget section of Exhibit B. The Office shall send notice of such changes
within 60 days in accordance with §18 below.
7. MATCHING FUNDS
A. Amount
Grantee shall provide any required matching funds as provided in the Exhibit B. Grantee shall raise the
full amount of matching funds during the term of this Grant and shall report to the Office regarding the
status of such funds as required in Exhibit B.
B. Breach
Grantee's failure to raise matching funds, to keep records, and/or to report may affect its continued
participation in the Program under which this Grant operates. In addition, the Office may terminate this
Grant under §17 below, if the Office has reasonable evidence that Grantee will be unable to raise such
matching funds during the term hereof.
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8. GRANTEE FINANCIAL MANAGEMENT
A. Accounts
Grantee shall maintain properly segregated accounts of Grant funds, matching funds, and other funds
associated with the Project and make those records available to the Office on request. All receipts and
expenditures associated with the Project shall be documented in a detailed and specific manner, in
accordance with the Project Budget.
B. Project Budget Line Item Adjustments
Grantee may adjust individual budget line amounts within the Project Budget only by an amendment in
accordance with §20; provided however, that Grantee may do so by notifying the Office without an
amendment if-
i. Budget Lines
There are not any transfers to or between administration budget lines; and
ii. 10% Limit
The cumulative budgetary line item changes do not exceed 10% of the total budgeted amount.
9. PAYMENTS TO GRANTEE
Grantee shall be paid in the following amounts and manners, subject to return of any unexpended Grant Funds:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the Office shall be $727,737.00, as
determined by the Office from available funds. The Office shall reimburse Grantee for costs approved in
the Grant budget, set forth in Exhibit B for the following services performed, reviewed, and accepted; or
Goods delivered, inspected and accepted, pursuant to the provisions of this Grant, including without
limitation, performance, quality, milestones and completion requirements for payment set forth in Exhibit
B, and the Office's inspection and acceptance rights in §14 below. Satisfactory performance under the
terms of this Grant shall be a condition precedent to the Office's obligation to reimburse Grantee. The
maximum amount of Grant Funds payable as reimbursement under this Grant, and any extension hereof,
shall include all Grantee's fees, costs and expenses.
B. Payment
All payments are subject to the provisions of §17 below.
i. Method and Time
Grantee periodically shall submit invoices to the Office in the form and manner set forth in the
Statement of Work, and attach timesheets, receipts and other requested documentation in the form
and manner approved by the Office. Grantee shall submit request for reimbursements /invoices within
30 days after the end of the period for which payment is requested, and final billings under this Grant
shall be received by the Office within 45 days after termination hereof. Untimely requests for
payment may be accepted at the sole discretion of the Office.
ii. Electronic Funds Transfer
Payments shall be made by one of the following methods:
a) by mutually agreeable method including in- person pickup,
b) electronic funds transfer (EFT) if Grantee provides written EFT instructions to the Office on
a form acceptable to the Office, or
c) via the U.S. Postal Service or other delivery service with a properly addressed stamped
envelope to the address specified by Grantee in the remittance address section of Exhibit B.
iii. Available Funds - Contingency Termination
The Office is prohibited by law from making fiscal commitments beyond the term of the State's
current fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability
of State appropriations as provided in §2 of the Colorado Special Provisions, set forth below. If
federal appropriations or grants fund this Grant in whole or in part, the Office's performance
hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this
Grant shall be made only from available funds encumbered for this Grant and the Office's liability
for such payments shall be limited to the amount remaining of such encumbered funds. If State or
federal funds are not appropriated, or otherwise become unavailable to fund this Grant, the Office
may immediately terminate this Grant in whole or in part without further liability in accordance with
§17 below.
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iv. Errooneous Payments
Payments made to Grantee in error for any reason, including, but not limited to overpayments or
improper payments, at the Office's sole discretion, may be recovered from Grantee by deduction
from subsequent payment under this Grant or other grants or contracts between the Office and
Grantee or by other appropriate methods or collected as a debt due to the Office.
C. Unexpended Funds
i. Return
Any Grant Funds paid to Grantee and not expended in connection with this Grant shall be refunded
by Grantee to the Office within 15 days of termination of this Grant. If Grantee receives Grant Funds
hereunder during any fiscal year in excess of its spending limit for such fiscal year, Grantee shall
refund all excess Grant Funds to the Office within 15 days of the later of (a) the receipt of such Grant
Funds or (b) the determination of such excess. Unexpended or excess Grant Funds received by
Grantee under this Grant shall not be refunded or paid to any party other than the Office.
ii. De- Obligation
Any Grant Funds not required to complete Grantee's obligations hereunder shall be de- obligated.
The Office shall send notice of such de- obligation within 60 days in accordance with §18 below.
Offset
If Grantee fails to return unexpended funds the Office may offset the amount not returned against
any other unpaid funds the Office owes Grantee under any other grant, contract, or obligation
between the Parties.
10. REPORTING AND NOTIFICATION
Reports and analyses required under this section shall be made in accordance with procedures and in such form
as prescribed by the Office.
A. Performance, Progress, Personnel, and Funds
Grantee shall comply with all reporting requirements set forth in Exhibit B..
B. Litigation
Within 10 days after being served with any pleading related to this Grant or the Project, in a legal action
filed with a court or administrative agency, Grantee shall notify the Office of such action and deliver
copies of such pleadings to the Office's principal representative in accordance with §18 below. If an
Office principal representative is not then serving, such notice and copies shall be delivered to the
Executive Director of the Office.
C. Noncompliance
Grantee's failure to provide reports and notify the Office in a timely manner in accordance with this
section may result in the delay of payment of funds and /or termination under §17 of this Grant.
11. GRANTEE RECORDS
Grantee shall make, keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall maintain a complete file of all records, documents, communications, notes and other written
materials, electronic media files, and communications, pertaining in any manner to the Project or the
delivery of Services (including, but not limited to the operation of programs) or Goods hereunder.
Grantee shall maintain such records (the Record Retention Period) until the last to occur of the following
I. a period of four years after the date this Grant is completed or terminated, or
ii, final payment is made hereunder, whichever is later, or
iii, for such further period as may be necessary to resolve any pending matters, or
iv. if an audit is occuring, or Grantee has received notice that an audit is pending, then until such audit
has been completed and its findings have been resolved
B. Inspection
Grantee shall permit the State, the federal government or any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related
to this Grant during the Records Retention Period to assure compliance with the terms hereof or to
evaluate Grantee's performance. The Office reserves the right to inspect the Project at all reasonable times
and places during the term of this Grant, including any extension. If the Project does not conform to Grant
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requirements, the Office may require Grantee promptly to bring the Project into conformity with Grant
requirements, at Grantee's sole expense. If the Project cannot be brought into conformance by re-
performance or other corrective measures, the Office may require Grantee to take necessary action to
ensure that future performance conforms to Grant requirements and exercise the remedies available under
this Grant, at law or inequity in lieu of or in conjunction with the preceding measure.
C. Monitoring
Grantee also shall permit the State, the federal government or any other duly authorized agent of a
governmental agency, in the sole discretion of such governmental agency, to monitor all activities
conducted by Grantee pursuant to this Grant, using any reasonable procedure, at the discretion of such
governmental agency, including, but not limited to: internal evaluation procedures, examination of
program data, special analyses, on -site checking, and formal audit examinations. All such monitoring
shall be performed in a manner which will not unduly interfere with Grantee's performance hereunder.
D. Final Audit Report
If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this
Grant, Grantee shall submit one copy of the final audit report to the Office's principal representative at
the address specified in §18 below.
12. CONFIDENTIAL INFORMATION -STATE RECORDS
Grantee acknowledges that it may become privy to confidential information in connection with its performance
hereunder, including but not limited to State records, personnel records, and information concerning individuals
( "Confidential Information "). The following applies if Grantee receives confidential information:
A. Confidentiality
Grantee shall keep all Confidential Information confidential at all times and comply with all laws and
regulations concerning confidentiality of information to the same extent applicable to the Office. Any
request or demand for information in the possession of Grantee made by a third party shall be forwarded
immediately to the Office's principal representative for resolution.
B. Notification
Grantee shall notify each of its agents, employees, sub - grantees, subcontractors and assigns (each a
"Related Party") who may come into contact with Confidential Information that such party is subject to
the confidentiality requirements set forth herein, and shall provide each Related Party with a written
explanation of such requirements before permitting such party to access any information of the Office.
C. Use, Security, and Retention
No Confidential Information of any kind shall be distributed or sold to any third party or used by Grantee
or a Related Party in any way, except as authorized by this Grant and as approved by the Office. Grantee
shall provide and maintain a secure environment that ensures confidentiality of all State records and other
Confidential Information wherever located. Confidential Information shall not be retained in any files or
otherwise by Grantee or a Related Party, except as set forth in this Grant and approved by the Office.
D. Disclosure - Liability
Disclosure of State records or other Confidential Information by Grantee or a Related Parry for any reason
may be cause for legal action against Grantee or such Related Party by the State or third parties and
defense of any such action shall be Grantee's sole responsibility.
13, CONFLICT OF INTEREST
A. Definition and Appearance
Grantee shall not engage in any business or personal activities or practices or maintain any relationships
which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee
acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to
the Office's interests. Absent the Office's prior written approval, Grantee shall refrain from any practices,
activities or relationships which reasonably appear to be in conflict with the full performance of Grantee's
obligations to the Office hereunder. Grantee shall comply with the provisions of CRS § 18 -8 -308 and §24-
18 -101 -109.
B. Specific Prohibitions
Grantee's and sub - grantee's respective officers, employees, or agents shall neither solicit nor accept
gratuities, favors, or anything of monetary value from Grantee's potential subgrantees, or parties to sub-
contracts. Grantee's employees, officers, agents or any permitted sub - grantees shall not participate in the
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selection, award, or administration of this Grant or any sub -grant or sub - contract, if an actual or apparent
conflict of interest would occur. Such a conflict would arise when any of the following has a financial or
other interest in the firm selected for award:
i. an employee, officer, agent or board member;
H. any member of the employee's immediate family;
iii. an employee's partner; or
iv. an organization, which employs, or is about to employ, any of the aforementioned.
C. Determination by Office - Default
If Grantee is uncertain as to the existence of a conflict of interest, Grantee shall submit to the Office a
disclosure statement setting forth the relevant details for the Office's consideration. Failure to promptly
submit a disclosure statement or to follow the Office's direction in regard to the apparent conflict shall be
considered a material default of this Grant and grounds for termination under X17 below.
D. Code of Performance
Grantee, and sub - grantees and subcontractors, if any, shall maintain a written code of standards governing
the performance of their respective employees, agents, and contractors engaged in the award and
administration of this Grant, or subcontract or subgrant, if any. Grantee shall provide a copy of such code
to the Office within 10 days of the Office's written request therefore.
14. REPRESENTATIONS, WARRANTIES, AND INSPEC'T'IONS
The Parties make the following specific representations and warranties to each other, upon which each is relying
in entering into this Grant.
A. Standard and Manner Of Performance
Grantee shall perform its obligations hereunder, including in accordance with the highest professional
standard of care, skill and diligence, Grantee shall perform its obligations hereunder in the sequence and
manner set forth in Exhibit B.
B. Compliance with Law and Policies
Grantee warrants that it will at all times strictly adhere to, and comply with, all applicable Federal and
Colorado State laws, and their implementing regulations, as they currently exist and may hereafter be
amended, which laws and regulations are incorporated herein by this reference as terms and conditions of
this contract.
C. Inspection and Verification
The Office reserves the right to inspect and monitor Grantee's performance hereunder at all reasonable
times and places to verify that they conform to the requirements of Exhibit B. If Grantee's performance
does not conform to Grant requirements, the Office may require Grantee promptly to bring its
performance into conformity with Grant requirements, at Grantee's sole expense. If the Project cannot be
brought into conformance by corrective measures, the Office may require Grantee to take necessary
action to ensure that future performance conforms to Grant requirements and exercise the remedies
available under this Grant, at law or in equity in lieu of or in conjunction with the preceding measure.
D. Legal Authority- Grantee and Grantees Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and has taken all actions
required by its procedures, by -laws, and /or applicable laws to exercise that authority, and to lawfully
authorize its undersigned signatory to execute this Grant and to bind Grantee to its terms. The person
signing and executing this Grant on behalf of Grantee hereby represents and warrants and guarantees that
they have full authorization to do so. If requested by the Office, Grantee shall provide the Office the basis
for Grantee's authority to enter into this Grant within 15 days of receiving such request.
E. Licenses, Permits, Etc.
Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term
hereof it will have, at its sole expense, all licenses, certifications, approval, insurance, permits, and other
authorization required by law to perform its obligations hereunder. Additionally, all employees of Grantee
performing services under this Grant shall hold the required licenses or certifications, if any, to perform
their duties, Grantee, if a foreign corporation or other entity transacting business in the State of Colorado,
further certifies that it currently has obtained and shall maintain any applicable certificate of authority to
transact business in the State of Colorado and has designated a registered agent in Colorado to accept
service of process. Any revocation, withdrawal or non - renewal of licenses, certifications, approvals,
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insurance, permits or any such similar requirements necessary for Grantee to properly perform this Grant,
shall be deemed to be a default by Grantee and grounds for termination under §17 below.
F. Breacb
If the Grantee breaches any of its representations or warranties, the Office may require Grantee to
promptly perform its obligations again in conformity with Grant requirements, at no additional cost to the
Office. If such breaches cannot be, or are not cured, the Office may, in addition to any other remedies
provided for in this Grant, require Grantee to take necessary action to ensure that future performance
conforms to the provisions of this Grant; and equitably reduce the payment due to Grantee to reflect the
reduced value of the Project. Any reduction, delay or denial of payment under this provision shall not
constitute a breach of Grant or default by the Office.
15. INSURANCE
Grantee shall obtain and maintain insurance as specified in this section at all times during the term of this Grant:
All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies
satisfactory to Grantee and the State.
A. Grantee
i. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental immunity Act, CRS
§24 -10 -101, et seq., as amended the (Colorado Governmental Immunity Act "), (CGIA) then Grantee
shall maintain at all times during the term of this Grant such liability insurance, by commercial
policy or self- insurance, as is necessary to meet its liabilities under the CGIA. Grantee shall show
proof of such insurance satisfactory to the Office, if requested by the Office. Grantee shall require
any subcontractors of the Grantee, providing Goods or Services in connection with this Grant, to
include the insurance requirements necessary to meet the Grantees liabilities under the CGIA.
ii. Non - Public Entities
If Grantee is not a "public entity" within the meaning of the CGIA, Grantee shall obtain and maintain
during the term of this Grant insurance coverage and policies meeting the requirements set forth in
subsection B of this section.
B. Subcontactors
Grantee shall require each contract with a subcontractor, other than those that are public entities,
providing Goods or Services in connection with this Grant, to include insurance requirements in
compliance with the Grantee's internal procurement insurance requirement policies and practices or
require those substantially similar to the following:
i. Worker's Compensation
Worker's Compensation Insurance as required by State statute, and Employer's Liability insurance
covering all subcontractor employees acting within the course and scope of their employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10193 or
equivalent, covering premises operations, fire damage, independent contractors, products and
completed operations, blanket contractual liability, personal injury, and advertising liability with
minimum limits as follows:
a) $1,000,000 each occurrence;
b) $1,000,000 general aggregate;
c) $1,000,000 products and completed operations aggregate; and
d) $50,000 any one fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid, sub - grantee or
subcontractor shall immediately obtain additional insurance to restore the full aggregate limit and
furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with
this provision.
iii. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos)
with a minimum limit of $1,000,000 each accident combined single limit.
iv. Additional Insured
Grantee and the State shall be named as additional insured on the Commercial General Liability and
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Automobile Liability Insurance policies (leases and construction contracts require additional insured
coverage for completed operations on endorsements CG 2010 11185, CG 2037, or equivalent).
V. Primacy of Coverage
Coverage required of the subgrantee or subcontractor shall be primary over any insurance or self -
insurance program carried by Grantee or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or non - renewal
without at least 45 days prior notice to the Grantee and the State by certified mail.
vii. Subrogation Waiver
All insurance policies in any way related to the Grant and secured and maintained by Grantee's
subcontractors as required herein shall include clauses stating that each carrier shall waive all rights
of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
C. Certificates
Each of Grantee's subcontractors shall provide certificates showing insurance coverage required
hereunder to Grantee within seven business days of the Effective Date, but in no event later than the
commencement of the Services or delivery of the Goods. No later than 15 days prior to the expiration date
of any such coverage, each subcontractor shall provide certificates of insurance to the Grantee evidencing
renewals. There after, upon request or at any time during the term of the a subcontract, the Grantor may
request in writing from the grantee, and the subcontractor shall thereupon within 10 days supply to
Grantee, evidence satisfactory insurance to the Grantee and the Office of Compliance with the provisions
of this section.
16. DEFAULT - BREACH
A. Defined
In addition to any breaches or defaults specified in other sections of this Grant, including, but not limited
to those in §17 below herein, the failure of either Party to perform any of its material obligations
hereunder in whole or in part or in a timely or satisfactory manner, constitutes a default or breach. The
institution of proceedings under any bankruptcy, insolvency, reorganization or similar legislation, by or
against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property,
which is not vacated or fully stayed within 20 days after the institution or occurrence thereof; shall also
constitute a default.
B. Notice and Cure Period
In the event of a default or breach, notice of such shall be given in writing by the aggrieved Parry to the
other Party in the manner provided in §18 below. If such default or breach is not cured within 30 days of
receipt of written notice or, if a cure cannot be completed within 30 days, cure of the default or breach has
not begun within said period and pursued with due diligence, the aggrieved Party may terminate this
Grant by providing written notice thereof, as provided for in §18 below specifying the effective date of
the termination. Notwithstanding anything to the contrary herein, the Office, in its sole discretion, need
not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part
if reasonably necessary to preserve public safety or to prevent immediate public crisis.
17. REMEDIES
If Grantee is in default or breach under any provision of this Grant, the Office shall have all of the remedies
listed in this section in addition to all other remedies set forth in other sections of this Grant. The Office may
exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively.
A. Termination for Cause and /or Default
If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its
completion in accordance with the provisions of this Grant and in a timely manner, the Office may notify
Grantee of such non- performance-in accordance with §16 above and §18 below. If Grantee thereafter fails
to promptly cure such non - performance within the cure period, the Office, at its option, may terminate
this entire Grant or such part of this Grant as to which there has been delay or a failure to properly
perform. Exercise by the Office of this right shall not be deemed a breach of its obligations hereunder.
Page 9 of 16
Grantee shall continue performance of this Grant to the extent not terminated, if any.
L Obligations and Rights
To the extent specified in the termination notice, Grantee shall not incur further obligations or render
further performance hereunder past the effective date of such notice, and shall also terminate
outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver
to the Office all Services and Goods not cancelled by the termination notice and may incur
obligations as are necessary to do so within the Grant terms. In the sole discretion of the Office,
Grantee shall assign to the Office all of Grantee's right, title, and interest under such terminated
orders or subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary action
to protect and preserve property in the possession of Grantee in which the Office has an interest. All
materials owned by the Office in the possession of Grantee shall be immediately returned to the
Office. In the sole discretion of the Office, Grantee shall assign to the Office all of Grantee's right,
title, and interest under such terminated orders or subcontracts. All Work Product, at the option of
the Office, shall be delivered by Grantee to the Office and shall become the Office's property.
ii. Payments
The Office shall reimburse Grantee only for accepted Services and Goods received up to the date of
termination. If, after termination by the Office, it is determined that Grantee was not in default or
that Grantee's action or inaction was excusable, such termination shall be treated as a termination in
the public interest and the rights and obligations of the Parties shall be the same as if this Grant had
been terminated in the public interest, as described in §17 below.
iii. Damages and Withholding
Notwithstanding any other remedial action by the Office, Grantee also shall remain liable to the
Office for any damages sustained by the Office by virtue of any default under this section by Grantee
and the Office may withhold any payment to Grantee for the purpose of mitigating the Office's
damages, until such time as the exact amount of damages due to the Office from Grantee is
determined. Further, the Office may withhold amounts due to Grantee as the Office deems necessary
to protect the Office against loss because of outstanding liens or claims of former lien holders and to
reimburse the Office for the excess costs incurred in procuring similar goods or services. Grantee
shat I be liable for excess costs incurred by the Office in procuring from third parties replacement
Services or substitute Goods as cover.
B. Early Termination for the Public Interest
The Office is entering into this Grant for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor, General Assembly, and Courts. If this Grant ceases to further
the public policy of the State, the Office, in its sole discretion, may terminate this Grant in whole or in
part. Exercise by the Office of this right shall not be deemed a breach of the Office's obligations
hereunder. This subsection shall not apply to a termination of this Grant by the Office for cause or default
by Grantee, which shall be governed by §17 above.
L Method and Content
The Office shall notify Grantee of the termination in accordance with §16 above and §18 below,
specifying the effective date of the termination and whether it affects all or a portion of this Grant.
ii. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and comply with §17 above.
iii. Payments
If this Grant is terminated by the Office in furtherance of the public interest of the State of Colorado,
Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this
Grant as the Services satisfactorily performed or the Goods satisfactorily delivered or installed bear
to the total Services and Goods covered by this Grant, less payments previously made. Additionally,
if the Grant is less than 60% completed, the Office may reimburse Grantee for a portion of actual
out -of- pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are
directly attributable to the uncompleted portion of Grantee's obligations hereunder; provided that
reimbursement shall not exceed the maximum amount payable to Grantee hereunder.
C. Remedies Not Involving Termination
The Office, its sole discretion, may exercise one or more of the following remedies in addition to other
remedies available to the Office:
Page 10 of 16
Ii. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary
corrective action as specified by the Office without entitling Grantee to an adjustment in price /cost or
performance schedule. Grantee shall promptly cease performance and incurring costs in accordance
with the Office's directive and the Office shall not be liable for costs incurred by Grantee after the
suspension of performance under this provision.
H. Withold Payment
Withhold payment to Grantee until corrections in services are satisfactorily completed and /or
acceptable goods are provided.
W. Deny Payment
Deny payment for those Services not performed and/or Goods not provided and which due to
circumstances caused by the Grantee cannot be performed or provided or, if performed or provided,
would be of no value to the Office; provided, that any denial of payment shall be reasonably related
to the value of work, performance or Goods lost to the Office.
iv. Removal
Demand removal of any of Grantee's employees, agents, or subcontractors whom the Office deems
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
relation to this Grant is deemed to be contrary to the public interest or not in the Office's best
interest. Replacement of any key personnel hereunder shall be done in accordance with the relevant
provisions of Exhibit B.
19. NOTICES AND REPRESENTATIVES
Each individual identified below is the principal representatives of the designating Party. All notices required to
be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
Party's principal representative at the address set forth below. In addition to, but not in lieu of, hard -copy notice,
notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to
time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless
otherwise provided herein, all notices shall be effective upon receipt.
A. Office:
Mason C.Whitney, Executive Director
Governor's Office of Homeland Securi
9195 E. Mineral Ave., Ste 200
Centennial, CO 80112
Email: mason.whitney@state.co.us
B. Grantee:
Anthony Nunez
Pueblo County
215 West I Oth Street
Pueblo, CO 81003
Email: nunez@co.pueblo.co.us
19. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied,
of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental
Immunity Act, §CRS 24 -10 -101, et seq., as amended. Liability for claims for injuries to persons or property
arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials,
and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk
management statutes, CRS §24 -30 -1501, et seq., as amended.
20. MISCELLANEOUS
A. Assignment
Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or
subcontracted, without the prior, written consent of the State. Any attempt at assignment, transfer,
subcontracting without such consent shall be void. All assignments, subcontracts /subcontractors approved
Page 11 of 16
by Grantee or the State shall be subject to the provisions hereof. Grantee shall be solely responsible for all
aspects of subcontracting arrangements and performance.
B. Binding Effect
Unless otherwise provided herein, all provisions herein contained, including the benefits and burdens,
shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and
assigns.
C. Captions
The captions and headings in this Agreement are for convenience of reference only, and shall not be used
to interpret, define, or limit its provisions.
D. Counterparts
This Agreement may be executed in multiple identical original counterparts, all of which shall constitute
one agreement.
E. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written, are merged herein. Prior or contemporaneous
addition, deletion, or other amendment hereto shall not have any force or affect whatsoever, unless
embodied herein.
F. Jurisdiction and Venue
All suits, actions, or proceedings related to this Agreement shall be held in the State of Colorado and the
Parties herby agree that venue shall be proper in the City and County of Denver,
G. Modification
L By the Parties
Except as specifically provided in this Agreement, no modification of this Agreement shall be
effective unless agreed to in writing by both parties in an amendment to this Agreement, properly
executed and approved in accordance with Colorado State law and State Fiscal Rules.
ii. By Operation of Law
This Agreement is subject to such modifications as may be required by changes in Federal or
Colorado State law, or their implementing regulations. Any such required modification automatically
shall be incorporated into and be part of this Agreement on the effective date of such change, as if
fully set forth herein.
H. Order of Precedence
The provisions of this Agreement shall govern the relationship ofthe State and Grantee. In the event of
conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority:
i. CColorado Special Provisions;
ii. Remaining pages of the Agreement
iii. Exhibit A;
iv. Exhibit B;
V. Additional Guidance issued by the State or Office.
I. Severability
Provided this Agreement can be executed and performance of the obligations of the Parties accomplished
within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof.
J. Survival of Certain Agreement Terms
Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued
performance, compliance, or effect after termination hereof, shall survive such termination and shall be
enforceable by the State if Grantee fails to perform or comply as required.
K. Third Party Beneficiaries
Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties,
and not to any third party. Any services or benefits which third parties receive as a result of this
Page 12 of 16
Agreement are incidental to the Agreement, and do not create any rights for such third parties.
L. Waiver
Waiver of any breach of a term, provision, or requirement of this Agreement or any right or remedy
hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waihler cf
any subsequent breach of such term, provision or requirement, or of any other term, provision, or
requirement.
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Page 13 of 16 _ .
21. COLORADO SPECIAL PROVISIONS
The Special Provisions apply to all Contracts except where noted in italics.
A. 1. CONTROLLER'S APPROVAL. CRS §24 -30 -202 (1).
This contract shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
B. 2. FUND AVAILABILITY. CRS §24 -30- 202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
C. 3. INDEMNIFICATION.
Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and
all claims, damages, liability and court awards including costs, expenses, and attorney fees and related
costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors,
or assignees pursuant to the terms of this contract.
[Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or
the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
D. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2.
Contractor shall perform its duties hereunder as an independent contractor and not as an employee.
Neither contractor nor any agent or employee of 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 taxes and
local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that
contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a
third party provides such coverage and that the state does not pay for or otherwise provide such coverage.
Contractor shall have no authorization, express or implied, to bind the state to any agreement, 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 state) and unemployment
compensation insurance in the amounts required by law and shall be solely responsible for its acts and
those of its employees and agents.
E. 5. NON - DISCRIMINATION.
Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws
respecting discrimination and unfair employment practices.
F. 6. CHOICE OF LAW.
The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in
the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or
not incorporated herein by reference, which provides for arbitration by any extra judicial body or person
or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void.
Nothing contained in any provision incorporated herein by reference which purports to negate this or any
other special provision in whole or in part shall be valid or enforceable or available in any action at law,
whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the
operation of this provision will not invalidate the remainder of this contract, to the extent that this contract
is capable of execution. At all times during the performance of this contract, Contractor shall strictly
adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be
established.
G. 7. VENDOR OFFSET. CRS § §24 -30 -202 (1) and 24- 30- 202.4.
Not Applicable to Intergovernmental Agreements]. The State Controller may withhold payment of certain
debts owed to State agencies under the State's vendor offset intercept system for: (a) unpaid child support
debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified
in CRS §39 -21 -101, et. seq.; (c) unpaid loans due to the Student Loan Division of the Office of Higher
Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other
Page 14 of 16
unpaid debts certified by the State Controller as owing to the State as a result of final agency
determination or judicial action.
H. 8. SOFTWARE PIRACY PROHIBITION.
Governor's Executive Order D 002 00. No State or other public funds payable under this contract shall be
used for the acquisition, operation, or maintenance of computer software in violation of federal copyright
laws or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and
any extensions, Contractor has in place appropriate systems and controls to prevent such improper use of
public funds. If the State determines that Contractor is in violation of this paragraph, the State may
exercise any remedy available at law or equity or under this contract, including, without limitation,
immediate termination of this contract and any remedy consistent with federal copyright laws or
applicable Iicensing restrictions.
I. 9. EMPLOYEE FINANCIAL INTEREST. CRS §24 -18 -201 and §24 -50 -507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or,property described in this contract.
J. 10.PUBLIC CONTRACTS FOR SERVICES. CRS §8 -175 -101.
[Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or f ind management services, sponsored projects, intergovernmental agreements, or
information technology services or products and services] Contractor certifies, warrants, and agrees that
it does not knowingly employ or contract with an illegal alien who will perform work under this contract
and will confirm the employment eligibility of all employees who are newly hired for employment in the
United States to perform work tinder this contract, through participation in the E- Verify Program or the
Office program established pursuant to CRS §8- 17.5- 102(5)(c), Contractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E- Verify
Program or Office program procedures to undertake pre - employment screening of job applicants while
this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within
three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an
illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not
stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-
17.5- 102(5), by the Colorado Office of Labor and Employment. If Contractor participates in the Office
program, Contractor shall deliver to the contracting State agency, institution of higher education or
political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal
work status of such employee, and comply with all of the other requirements of the Office program. If
Contractor fails to comply with any requirement of this provision or CRS §8 -17.5 -101 et seq., the
contracting State agency, institution of higher education or political subdivision may terminate this
contract for breach and, if so terminated, Contractor shall be liable for damages.
K, II.PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24 -76.5 -101.
Contractor, if a natural person eighteen (1 S) years of age or older, hereby swears and affirms under
penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant
to federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced
one form of identification required by CRS §24 -76.5 -103 prior to the effective date of this contract.
Revised May 13, 2008
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Page 15 of 16
22. SIGNATURES
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
*� Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that
the State is relvine on their representations to that effect.
GRANTEE
STATE OF COLORADO
Pueblo County
Bill Ritter, Jr. GOVERNOR
By: Anthony Nunez
Governor's Office of Homeland Security
Title: Chairman, Pueblo County Board of Commissioners
.Mason C. Whitney, Director
*Signature
Date:
Date:
2nd Grantee Signature if Needed
LEGAL REVIEW
By: Name of Authorized Individual
John W. Suthers, Attorney General
Title: Official Title of Authorized Individual
By:
Signature - Assistant Attorney General
^ *Signature
Date:
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24 -30 -202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below
by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins
performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or
services provided hereunder.
STATE CONTROLLER
David J. McDermott, CPA
By:
Date:
Page 16 of I6
1. EXHIBIT A — APPLICABLE LAWS
Federal laws and regulations incorporated into this Contract include, without limitation:
1. Age Discrimination Act of 1975, 42 U.S.C. Sections 6101, et seq.
2. Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 -634
3. Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, et seq.
4. Equal Pay Act of 1963,29 U.S.C. 206(d)
5. Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b
6. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794
7. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d
8. Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e
9, Title IX of the Education Amendment of 1972, 20 U.S.C: 1681, et seq.
10. Section 24 -34 -302, et seq., Colorado Revised Statutes 1997, as amended
11. The applicable of the following:
1 l.1. Cost Principals for State, Local and Indian Tribal Governments, 2 CFR 225, (OMB Circular A -87),
11.2. Cost Principals for Education Institutions, 2 C.F.R. 220, (OMB Circular A -21);
11.3. Cost Principals for Non - Profit Organizations, 2 C.F.R. 230, (OMB Circular A -122), and
11.4. Audits of States,.Local Governments, and Non -Profit Organizations (OMB Circular A -133); and/or
the Colorado Local Government Audit Law, CRS §29 -1 -601, et seq, and implementing rules and
regulations.
11.5. Immigration Status - Cooperation with Federal Officials, CRS 29 -29 -101, et seq.
11.6. Davis -Bacon Act, 40 U.S.C. SS 276a to 276a -7.
11.7. Copeland Act, 40 U.S.C. S 276c and 18 U.S.C. SS 874.
11.8. Contract Work Hours and Safety Standards Act, 40 U.S.C. SS 327 -333, regarding labor standards
for federally assisted construction sub - awards.
11.9. Wild and Scenic Rivers Act of 1968, 16 U.S.C. SS 1271 et. seq., related to protecting components
or potential components of the national wild and scenic rivers system.
11.10. National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470, Executive Order No.
11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974, 16 U.S.C. 469a -1 et. seq.
11.1 1. Stafford Disaster Assistance and Emergency Relief Act 42 U.S.C. 5121 et seq., as amended.
11.12. National Flood Insurance Act of I968, 42 U.S.C. 4001 et. seq.
11.13. Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 USC 104.
11.14. Office of Defense Authorization Act of 1986, Title 14, Part B, Section 1412, 50 U.S.C. 1521.
11.15. USA PATRIOT Act of 2001, (Pub. L. 107 -56).
11.16. Digital Television Transition and Public Safety Act of 2005, (Pub L. 109 -171)
12. Federal Emergency Management Agency, Office of Homeland Security Regulations: All Applicable
Portions of 44 CFR Chapter 1, with the following Parts specially noted and applicable to all grants of
FEMAIDHS funds:
12.1 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, 44 C.F.R. 13.
12.2 Govemmentwide Debarment and Suspension (Nonprocurement) and Requirements for Drug -Free
Workplace, 44 C.F.R. 17.
12.3 New Restrictions on Lobbying, 44 C.F.R. 18.
13. Privacy Act of 1974, 5 U.S.C. S 5529 and Regulations adopted thereunder (44 C.F.R. 6).
14. Prohibition against use of Federal Funds for Lobbying, 31 U.S.C. 1352
15. None of the funds made available through this agreement shall be used in contravention of the Federal
buildings performance and reporting requirements of Executive Order No. 13123, part 3 of title V of the
National Energy Conservation Policy Act, 42 U.S.C. 8251 et. Seq., or subtitle A of title I of the Energy
Policy Act of 2005 (including the amendments made thereby).
16. None of the funds made available shall be used in contravention of section 303 of the Energy Policy Act of
1992, 42 U.S.C. 13212.
17. Buy American Act, 41 U.S.C. IOa et seq.
18. Relevant federal and State Grant Program Guidance
Page 1 of 1— Exhibit A — Applicable Laws
Award # 98HS78852
1. EXHIBIT B — STATEMENT OF WORK - GRANT APPLICATION
1. DELIVERABLES:
1.1, Quarterly Financial Status and Progress Reports. The project(s) approved in this Grant are to be
completed on or before the termination date stated in §5 of the Grant Agreement. Grantee shall submit
quarterly financial status and programmatic progress reports for each project identified in this
agreement using the forms provided by the Office. Two copies with original signatures shall be
submitted in accordance with the schedule below:
Report Period
Due Date
January — March:.:
Aril 30
April — June
July 30
Jul — September
October 30
October -- December
t January 30
1.2. Final Reports: Grantee shall submit a final financial status and progress report that provides final
financial reconciliation and a final cumulative grant/project accomplishments report within 45 days of
the end of the project/grant period. Obligations of funds may remain on the final report. The final
reports may substitute for the quarterly reports for the final quarter of the grant period. If all projects
are completed before the end of the grant period, the final report may be submitted at any time before
its final due date. Further reports are not due after the Office has received, and sent notice of
acceptance of the final grant report.
1.3. Non - Federal Match: This non - federal match section [check one] ❑ applies to or does not apply ® to
this Grant. If it applies this Grant requires a non- federal match contribution of N/A of part of the total
Grant budget. Documentation of expenditures for the non - federal match contribution is required with
each drawdown request. The match [check one] ® may or may not ❑ include in -kind match.
1.4. Other Deliverables: N/A.
PERSONNEL:
2.1. Key Personnel
2.1.1. Responsible Administrator. Grantee's performance hereunder shall be under the direct
supervision of Anthony Nunez, an employee or agent of Grantee, who is hereby designated as the
responsible administrator of this project.
2.1.2. Replacement. Grantee shall immediately notify the Office if any key personnel cease to serve.
Provided there is a good -faith reason for the change, if Grantee wishes to replace its key
personnel, it shall notify the Office and seek its approval, which shall be at the Office's sole
discretion, as the Office issued this Grant in part reliance on Grantee's representations regarding
Key Personnel. Such notice shall specify why the change is necessary, who the proposed
replacement is, what his /her qualifications are, and when the change will take effect. Anytime key
personnel cease to serve, the Office, in its sole discretion, may direct Grantee to suspend work on
the Project until such time as replacements are approved. All notices sent under this subsection
shall be sent in accordance with §18 of the Grant.
3. TESTING AND ACCEPTANCE CRITERIA:
3.1, The Office shall evaluate this Project(s) through the review of Grantee submitted financial and progress
reports. The Office may also conduct on -site monitoring to determine whether the Grantee is
meeting/met the performance goals, administrative standards, financial management and other
requirements of this grant. The Office will notify Grantee in advance of such on -site monitoring.
Page I of 8 -- Exhibit B -- Statement of Work — Grant Application _
4. PAYMENT:
4.1. Payment Schedule: Grantee shal l submit requests for reimbursement using the Office provided form at
least quarterly. Two original signed copies of the reimbursement requests are due on the same dates as
the required financial reports. All requests shall be for eligible actual expenses incurred by Grantee, as
described in detail in §1 of-this Exhibit. Requests shall be accompanied by supporting documentation
totaling at least the amount requested for reimbursement and any required non- federal match
contribution. If any financial or progress reports are delinquent at the time of a payment request, the
Office may withhold such reimbursement until the required reports have been submitted.
4.2. Payment Amount: if non - federal match is required, such match shall be documented with every
payment request. Excess match documented and submitted with one reimbursement request shall be
applied to subsequent requests as necessary to maximize the allowable reimbursement.
4.3. Remittance Address. If mailed, payments shall be remitted to the following address unless changed in
accordance with §18 of the Grant:
Pueblo County
215 West 1 0th Street
Pueblo. CO 81003
5. ADMINISTRATIVE REQUIREMENTS:
5.1. Required Documentation: Sufficient detail shall be provided with reimbursement requests to
demonstrate that expenses are allowable and appropriate as detailed below:
5.1.1. Equipment or tangible goods. Requests for reimbursement for tangible personal property with
a purchase price of less than $5,000 per item shall include the invoice number, description of item
purchased (e.g. radios), and the location and number of items. For equipment items with a
purchase price of or exceeding $5,000, and a useful life of more than one year, the Grantee shall
provide a copy of the invoice and include a unique identifying number. This number can be the
manufacturer's serial number or, if the Grantee has its own existing inventory numbering system,
that number may be used. The location of the equipment shall also be provided. In addition to
ongoing tracking requirements, Grantee shall ensure that equipment with per unit cost of $5,000 or
more are prominently marked in a manner similar to the following: Purchased with funds provided
by the U.S. Department of Homeland Security and/or FEMA as appropriate.
5.1.2. Services. Grantees shall include contract/purchase order number(s) or employee names, the
date(s) the services were provided and the nature of the services.
Grantees shall retain all procurement and payment documentation on site for inspection. This shall
include, but not be limited to, purchase orders, receiving documents, invoices, vouchers,
equipment/services identification, and time and effort reports.
5.2. Procurement: A Grantee shall ensure its procurement policies meet or exceed local, state, and federal
requirements. Grantees should refer to local, state, and federal guidance prior to making decisions
regarding competitive bids, sole source or other procurement issues. In addition:
5.2.1. Any sole source transaction in excess of $100,000 shall be approved in advance by the Office.
5.2.2. Grantees shall ensure that: (a) All procurement transactions, whether negotiated or
competitively bid, and without regard to dollar value, are conducted in a manner that provides
maximum open and free competition; (b) Grantee shall be alert to organizational conflicts of
interest and /or non - competitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade; (c) Contractors who develop or draft specifications,
requirements, statements of work, and/or Requests for Proposals (RFPs) for a proposed
procurement shall be excluded from bidding or submitting a proposal to compete for the award of
such procurement; and (d) Any request for exemption of item a -c within this subsection shall be
submitted in writing to, and be approved by the authorized Grantee official.
5.2.3. Grantee shall verify that the Contractor is not debarred from participation in state and federal
programs. Sub - grantees should review contractor debarment information on http: / /www.epts.gov
Page 2 of 8 — Exhibit B — Statement of Work — Grant Application
5.2.4. When issuing requests for proposals, bid solicitations, and other published documents
describing projects or programs funded in whole or in part with these grant funds, Grantee and
Subrantees shall : (a) state the percentage of the total cost of the program or project which will be
financed with grant money; (b) state the dollar amount of state or federal funds for the project or
program; and (c) use the phrase - "This project was supported by grant #98HS78852, issued by the
Governor's Office of Homeland Security."
5.2.5. Grantee shall verify that all purchases are listed in §6 of this Exhibit. Equipment purchases, if
any, shall be for items listed in the Approved Equipment List (A.E.L) for the grant period on the
Responder Knowledge Base (RKB), at http: / /www.rkb.mipt.org.
5.2.6. Grantee shall ensure that no rights or duties exercised under this grant, or equipment purchased
with Grant Funds having a purchase value of $5,000 or more are assigned without the prior written
consent of the Office.
5.2.7. Grantee shall ensure that all funds are needed to supplement and not to supplant the Grantee's
own funds.
5.3. Additional Administrative Requirements: Any change in the scope of a project, including the
purchase of equipment not shown in this Exhibit, or any change equal to or greater than 10%
(cumulative) to the budget shown in this Exhibit, requires a formal amendment to this contract.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 3 of a — Exhibit B -- Statement of Work — Grant Application
6. GRANT APPLICATION — BUDGET ITEMIZATION:
Colorado Homeland Security Grant progrAm - FY 2008
Applicant Region: South
Agency Name: Pueblo County
Grant Program: State Homeland Security Program (SHSP)
FY 2008 BUDGET SUMMARY
Project
Plannine Personnel Exercise Training Equipment Subtotals
Project I
S
S 90,000
S
S
$
S 90,000
Project 2
S
S
$
$
S 615,905
Is 615,905
Project 3
S
$
S
$
$
$
Project 4
$
S
S
S
$
t S
Project 5
S
S
S
S
8
I S
Project 6
S
S
S
S
s
S
Project 7
S
S
S -
S
$
$
Project 8
$
S
S
S
$
S
Project 9
S
5
S
S
S
S
Project 10
S
$
S
S
S
S
Project l l
S
S
$
$
S
S
Project 12
S
S
$
$
$
$
Project 13
S
S
$
$
5
$
Project 14
$
S
$
$
$
S
Project 15
$
$
$
$
S
$
Project is 745,905
Allowable M & A: Is 21,832 Total M & A Req I S 21,832
Total Grant Request S 727,737
Page 4 of 8 — Exhibit B — Statement of Work — Grant Application
Project Priority Number and Name: I South All - Hazards Region Homeland Security
Coordinator
The South All- Hazards Region Homeland Security Coordinator project provides for eighteen months of the regional support necessary
for the effective day to day operations of the Homeland Security Grant program in the South Ali- Hazards Region through
preparedness planning, grant project development & direction, and executive committee support.
Page 5 of 8 — Exhibit B — Statement of Work - Grant Application
Applicant Region South Regloo .', Agency Name South All 13aiatd+ Region
Grant Program: 2009 State homeland Security Prognin(SHSG) GO TO PCOJCCt 2 T ''
Regional Priority Number:.'
Project NamelDescription: South All - Hazards Region Homeland Security Coordinator
State Investment (1J): Planning
State Strategy objective: 5.3 Planning
Primary Target Capabifity: Planning
National Priority 1: Expand Regional Collaboration
National Priority 2: Strengthen Planning and Citizen Preparedness Capabilities
PROJECT
BUDGET SUMMARY
boa Fed xal
Hard Much
, Sts
Total Grant
Re nest
q
Planning
S
Primary Funding
S
Personnel
S
�
= 94,000
Exercise
S
Amn�t:
S
Training
S
S
Equipment
S
S
TOTAL
S
S 40
P-1 ar rout Praim aequut:
Solution Area: PLANNING
s
SUBTOTAL! 11 S —
1.0
Specific
° m
8
"
=
•a
'
Nta•Federal
Bard ]latch
Expenditure Description
Primary Funding
Q' at4ty
Cait Cat
TOTALS
�
Jurisdiction
.l
�
h
u
c
Amn�t:
Obleciive
Solution Area: PLANNING
s
SUBTOTAL! 11 S —
1.0
1 South Fiction
Peral
D.47
Fs ianaf Coordi mr Comae
HS OVERALL
1.0
S W-
S 90,000
S
SUBTOTAL:
$
S 50,000
Solution Area: EXERCISE
SUBTOTAL: s s
Solution Area: TRAINING
SUBTOTAL: s _ s
Solution Area: EQUIPMENT
s
SUBTOTAL s s
Page 6 of 8 -- Exhibit 13 — Statement of Work — Grant Application
Project Priority Number and Name: 2 South All- Hazards Regions Interoperable
Communications Project
This project, if fully funded, will fulfil 100% of the unmet Interoperable Communications needs within the Law Enforcement and
Emergency Medical Services agencies in the South All-Hazards Region, and it will provide complete conversion to the Colorado
Statewide Digital Trunked Radio (DTR) system by those agencies. Full funding of this project wail also succeed in providing ail the
remaining 800 MHz portable radios identified as needed for fire, search & rescue, public works and schools in the South Region.
100% Fulfillment of Unmet Heeds: This project will provide the final equipment necessary to complete all unmet needs within the Law
Enforcement and Emergency Medical Services Agencies within the South All-Hazards Region including both individual responder
communications (portables) and emergency response vehicles (mobiles). This project also supports the 100% fulfillment of all individual
responder communications (portables) within the Fire, Search & Rescue, School Safety, and Emergency Response Support
Communities.
100% Complete Conversion to Colorado Statewide DTR: This project will provide the final mobile and portable radios necessary to
complete all Law Enforcement and EMS agency conversions to the Statewide DTR system as well as providing portable radios for 100%
of the individual Firefighters, Search &_Rescue, School Safety, and Emergency Response Support personnel within the South All -
Hazards Region,
100% Statewide Interoperable Communications: As supported by the 9111 commission reports, nothing improves responder and
public safety as much as interoperable communications. It is a life safety issue that all personnel are able to effectively communicate on
scene. This project will allow all Law Enforcement, EMS, Fire, Search & Rescue, School Safety, and Emergency Response Support
agencies from the South All-Hazards to become statewide assets and 100% interoperable at the statewide level.
Agencies completing 100% responder conversion to statewide DTR by funding of this primary project include:
Law Enforcement: Custer Sheriff, Custer Sheriff SAR, Huerfano Sheriff, Huerfano Sheriff SAR, Fremont Sheriff, Florence Police,
Fremont Sheriff SAR, Fremont Sheriff Detention, Canon City Police, Las Animas Sheriff, and Trinidad Police.
Fire: Wetmore, Wet Mountain, Gardner, La Veta, Canon City, Florence, Penrose, Talahassee, Coaldale, Cotopaxi, Deer Mountain,
Howard, Indian Springs, Coalcreek, Rockvale, Williamsburg, Royal Gorge Park, Stonewall, Hoehne, Cokedale, Kim, Fisher's Peak,
Spanish Peaks -Bon Carbo, and Branson.
Emergency Medical Services: Custer EMS, Custer Clinic, Spanish Peaks Regional Health Center, Huerfano EMS, Arkansas Valley
Ambulance, Northwest Fremont EMS, Florence Fire -- EMS, Canon City Fire — EMS, Trinidad Ambulance.
Emergency Response Support: Custer BQCC, Custer Public Works, Custer School District, Huerfano Public Works, Fremont Public
Works, Canon City Public Works, Florence Public Works, Las Animas Public Works, Trinidad Public Works, Pueblo School District.
These agencies are the only agencies left to complete 100% o� rtable conversion of the South All - Hazards region to the
Statewide DTR system.
All individual responders in the South All - Hazards Region will have 100% interoperable communications with the full funding of
this project.
Page 7 of 8 — Exhibit S — Statement of Work — Grant Application
Applicant Region: South Region " -� Agency Namr. I South All- Elazardt Hegloti _
Cram Program: 2008 State Homelaird Securi Progr - m (SHSG) -'. �'- ` - G� TO pl'O]BCC $
Regional Priority Number;
Project N.meM-ription: South Ali- Hazards Region Interoperable Communications Project
State llerestment OJ): Interoperable Communications
5teite$trategy Objective; 5.1 Communications
Primary Target Capability: Communications
National Priority 1: Expand Regional Collaboration
National Priority 2: Strengthen Interaperable and Operable Communications Capabilities
PROJECT
BUDGET $UNIhTAR]'
r4an.Prarr.E
H.rd M.wb
Amount
-
-
Total Grant
R.qubt
-
Pla.a;as
5
- -
S -
Peraownel
S
2 -a
$ -
Eaerciea
5
Non•Fedrral
1Eard Matra
pmaant
S
Training
$
- -
$
Equip-wt
$
E !3J
S 615,905
TOTAL
S -
LETP
S 615,905
rer-1 W Ir- P.aJ.n Regrnl,
Solution Area: PLANNI
s
SUBTOTAL; S S
Solulian area: PERSONNEL
s
SUBTOTAL: IS S
50Iuti0n Arm: EXERCISE
S
SUBTOTAL: S S
Solution Area: TRAINING
s
SUBTOTAL: Is S -
Coln.1nn Awn. lenill -tv"
1.0
L. Anima. So
E OJ
g
P25 DTRS Compatible Parable Red.or
LETP
2.0
S 2.761
1 5 31322
2 -a
$ eeific
P
.turisdie Hon
Eq.O -I
D. l�
Non•Fedrral
1Eard Matra
pmaant
Expenditure Besripribn
primary Funding
Oh 6cllve
1
QuanHq
Unlr eo.r
'TOTALS
3.0
Cp.wr So
E !3J
D.10
P23 DTRS Co Portable Reelat
LETP
2.0
5 1761
5 m 3,322
Solution Area: PLANNI
s
SUBTOTAL; S S
Solulian area: PERSONNEL
s
SUBTOTAL: IS S
50Iuti0n Arm: EXERCISE
S
SUBTOTAL: S S
Solution Area: TRAINING
s
SUBTOTAL: Is S -
Coln.1nn Awn. lenill -tv"
1.0
L. Anima. So
E OJ
0 L
P25 DTRS Compatible Parable Red.or
LETP
2.0
S 2.761
1 5 31322
2 -a
Trinidad PD
Eq.O -I
D. l�
P25 DTRS Compatible P-M. Reil-
LETP
2.0
S 2.761
S 3,
3.0
Cp.wr So
E !3J
D.10
P23 DTRS Co Portable Reelat
LETP
2.0
5 1761
5 m 3,322
70
Huerrmo 50
Eq AJ
D,10
P25 DTRS Compatible Portable Re,1-
LETP
3.0
S 2.761
5 8.283
5.0
Stenau.11 Fin
Eq 01
D.10
P25 DTRS Compatible Portable Radios
HSOVERALL
15.0
5 2.761
S 41,415
6.0
Canon Cin Fir,
E.N
D.lu
P25 DTRS Campo[,bk Portable Redia.
HSOVERALL
26,0
5 2.761
S 44,176
7,0
t0
Trinidad EMS
AA Valle. EMS
E rH
E 04
D.10
D.10
P25 DTRS Compatible Portable Rdioe
P25 DTRS Compatible Panebw R.dw.
HSOVERALL
HSOVERALL
5.0
14.0
S 2.761
S 2.761
S &283
S 38,654
9.0
14 Fremam EMS
Eq t
D O
P25 DTRS Compatible PortabE. Rd..
HSOVERALL
13.0
S 24761
5 35,893
10.0
C..wr EhtS
Eq w
0.10
P25 DTRS Compatible Portable Reel-
HSOVERALL
6.0
S 2,761
S 16.!66
t1.0
tb4vCC
E.w
D.la
P25 DTRS Compatible P.Aubte Rpdioe
17SOVERALL
3.0
S 2.761
S 13,803
32.0
SP Reg EMS
E9 04
D.10
P25 DTRS Carepe661e P Rd...
HSOVERALL
J.0
S 2161
S !1.644
12.0
Hued - E \IS
E.04
D. 10
P25 DTRS Comp.tible Potable Rdma
HSOVERALL
3.0
S 2.761
S 8,283
14 n
Le. Animm SO
E w
D.10
P23 DTRS Compatible Mobile Rdipr
LETP
2.0
S 3.751
S 7.3@
15,0
Tnnidad PD
Eq w
D.10
P25 DTRS Comp.tibk Mobile aediae
LETP
2,0
S 3.751
S 7,S0.'
160
Fremont SO
E w
D.10
P25 DTRS Compatible Alobile ILA-
LETP
5010
S 3,751
S 1871330
t7.0
Flnrrnre PD
Eq 04
D.10
P25 DTRS Compatible alebile Radlaa
LETP
12.0
S 3,751
S 71, 012
1a.0
Hued SO
E w
D.10
P25 DTRS Compatible Mobile Radioe
LETP
3.a
S 3.751
S II,SV
19,0
Cwwr So
E.04
D.10
P25 DTRS Compatibb Mobile Rdiee
LETP
1.0
S 3.751
S 3.731
20,0
Sbwl.eH Fir,
Eq.04
D.10
P25 DTRS Compaptile Mahile Rdiw
HSOVERALL
100
5 3,751
S 37.510
21.0
22.0
21,0
24.0'
25.0
260
Cerwn City Far
Fl.r Fire EMS
C. City Fire EMS
Ark Valle)' Ests
Trinidad ETAS
Trinidad EMS
E 04
E .04
Eq w
E9 .04
E M
E.04
13.10
13.!0
D.10
13.10
DAU
D.lu
P25 DTRS C9mpAble Mobile Rdim
P25 DTRS Com .iible alobile Dwl Head Rdiw
P23 DTRS Campauble Mobile Dual Head Radio.
P25 DTRS Compatible Mobile Dim Had Rdiae
P23 DTRS Compatible Mobile DwE Hed Rdipa
P25 DTRS Com etible Rdim
HSOVERALL
HS OVERALL
HS OVERALL
HSOVERALL
HSOVERALL
HSOVERALL
9U
1.0
i
1.0
20
1.0
5 3.751
s 5,440
$ l.a4a
S 5.440
S 1,440
S tole
S 33,759
S 3.440
S 3.440
5 t6,320
S 10.880
S 1
27 ft
S
28.0
S
290
S
30.0
S
- ''S ❑BTO7AL
5 � -
..r'L -'; i:; -- x.,. - ' 5 .: ":613,9031
Page 8 of 8 - Exhibit B - Statement of Work -- Grant Application