Resolution 2016-48 - Laserfiche WebLink

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1. PARTIES This Grant Agreement ( "Grant") is entered into by and between the CITY OF LOUISVILLE ("Grantee"), and the STATE OF COLORADO acting by and through the Colorado Department of Public Safety, Division of Homeland Security and Emergency Management (hereinafter called the "State or DHSEM"). 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. ® Provided, however, that authorized Pre -award Costs incurred after the date of the Colorado Disaster Emergency Act and prior to the Effective Date of this agreement may be submitted for reimbursement as provided in §7(B)(v) below. 3. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in C.R.S. § 28-3-104 and relevant portions of the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701 and Executive Orders: D2013-026, D2013-027, D2013-028, D2013- 030, D2013-031, D2013-033, D2014-001, D2014-002, D2014-006, D2014-01 and any subsequent amendments. Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment. Required approvals, 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 Agreement. Grantee is aware of, willing and able to comply with all provisions specific to the Program, as set forth in Exhibit A and to complete the Project described in Exhibit B. C. Purpose DHSEM administers funds made available for the purpose of disaster recovery projects that were effected in the 2013 floods. D. References AlI 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 §6 and Exhibit B. C. Exhibits and Other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A (Applicable Laws), Exhibit B (Statement of Project), and Exhibit C (Grant Change Letter). D. Goods "Goods" means any physical item produced, or acquired by Grantee either separately or in conjunction with the Services rendered hereunder. E. Grant "Grant" means this Grant. its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. F. Grant Funds "Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant. Paget of 17