Resolution 2014-20 - Laserfiche WebLink

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1. PARTIES This Agreement (hereinafter called "Grant") is entered into by and between the CITY OF LOUISVILLE (hereinafter called "Grantee"), and the STATE OF COLORADO acting by and through the Department of Public safety, Division of Homeland Security and Emergency Management (hereinafter called the "State"). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. (Check options below if appropriate): A. ® Provided, however, that authorized Pre -award Costs for emergency protective measures taken specifically to protect lives or mitigate potential flood damage from the forecasted flooding if approved by FEMA as part of a Project Worksheet (PW), incurred prior to the Effective Date may be submitted for reimbursement as provided in §7(B)(v) below. B. ® Provided, however, that all Project costs specifically authorized in the Presidential Disaster Declaration FEMA-DR-4145-CO, Public Assistance (PA) Program Project Worksheets (PW) specific to Grantee and the State of Colorado Executive Orders D-2013-026 and its subsequent amendments that have been incurred on or after September 11, 2013, but prior to the Effective Date may be submitted for reimbursement from Federal and/or State Funds, as provided in §7(B)(v) below. C. ® Provided, however, that all or some of the costs or expenses incurred by Grantee on or after September 11, 2013, but prior to the Effective Date that have been or will be paid from non-federal/state funds may be included as the required Grantee matching fund contribution to the project(s) if such costs or expenses are properly documented as eligible expenses for Presidential Disaster Declaration, FEMA- DR-4145-CO, Public Assistance (PA) Program Project Worksheets (PW)specific to Grantee and the State of Colorado Executive Orders D-2013-026 and its subsequent amendments as provided in §7(B)(v) below. 3. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in CRS §24-1-128.6, funds have been budgeted, appropriated and otherwise made available pursuant to said statute and the State of Colorado Executive Orders D-2013-026 and its subsequent amendments; and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121-5206; and a sufficient unencumbered balance remains available for payment: Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose Grant funds are hereby made available for the purpose of enhancing Homeland Security and Emergency Management related Prevention, Protection, Mitigation, Response and Recovery capabilities throughout the State, as more specifically described in the Statement of Work, attached as Exhibit B. D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget "Budget" means the budget for the Work described in Exhibit B. B. Evaluation "Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in §8 and Exhibit B. Page 2of16