HomeMy WebLinkAbout20260655 Resolution
Approve Acceptance of Purchase Order for 2026 Click It or Ticket Grant Funds, and
Small Dollar Grant Award Terms and Conditions, and Authorize Chair to Sign
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with a Purchase Order for the 2026 Click It or
Ticket Grant Funds, and Small Dollar Grant Award Terms and Conditions, between the
County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, on behalf of the Sheriff's Office, and the Colorado Department of
Transportation, Office of Transportation Safety and Risk Management, commencing
April 6, 2026, and ending September 30, 2026, with further terms and conditions being
as stated in said purchase order, and
Whereas, after review, the Board deems it advisable to approve and accept said
purchase order, a copy of which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Purchase Order for the 2026 Click It or Ticket Grant Funds, and the
Small Dollar Grant Award Terms and Conditions, between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Sheriff's Office, and the Colorado Department of Transportation, Office of
Transportation Safety and Risk Management, be, and hereby is, approved and accepted.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said purchase order.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 23rd day of March, A.D., 2026:
Scott K. James, Chair: Aye Ad R
s +�.,,,r
Jason S. Maxey, Pro-Tern: Aye S .6%
•Perry L. Buck: Aye ai SO
Lynette Peppier: Aye °`rj':1
Kevin D. Ross: Excused """'
Approved as to Form:
+. '
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
cc. So(-PM/Gt') AcT(co) 2026-0655
uw\ o� ka� SO0047
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE: FY2026 CIOT (Click It or Ticket) Grant Award
DEPARTMENT: Sheriff's Office DATE: 03/12/2026
PERSON REQUESTING: Lieutenant Gerald Porter
Brief description of the problem/issue:
The WCSO is requesting approval to accept the Click It Or Ticket(CIOT)grant award in the amount of$2,250.00
which allows deputies to participate in the Traffic Safety Enforcement plan. The funds offset overtime expenses
that deputies occur when deployed for CIOT.
What options exist for the Board?
1. Authorize the use of the awarded funds in the amount of$2,250.00 for the year 2026.
2. Deny the use of the awarded grant funds.
Consequences:
If the awarded grant doesn't have final approval, we will not have any additional traffic enforcement during the
prescribed enforcement periods.
Impacts:
This awarded grant usage will have an impact on the safety of motorists in Weld County's unincorporated roads.
Costs (Current Fiscal Year/Ongoing or Subsequent Fiscal Years):
There is no cost to the County if this awarded grant funds aren't approved for use.
Recommendation:
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey Lynette Peppier 49
Kevin D. Ross ``Iv
2026-0655
3/Z3 50 004`1
pCOLORADO
il Department of Transportation
C Office of Transportation
Safety&Risk Management
2829 W. Howard Place
Denver, CO 80204-2305
March 6, 2026
To: Weld County Sheriff's Office
From: Josephine Oldaker, Colorado Highway Safety Office
Re: Fiscal Year 2026 Click it or Ticket Small Dollar Grant Award
The Colorado Highway Safety Office (HSO) would like to thank you for your dedication to improving traffic safety
in your community. We are pleased to inform you that your Click It or Ticket federal grant application is approved
for $ 2250.00 as indicated on the attached Purchase Order 411044190. You may proceed with enforcement
activity planning as it coincides with the Click It or Ticket enforcement periods for Federal Fiscal Year 2026. The
first enforcement period begins April 6th. Reimbursements for Law Enforcement OT Hours should be submitted
after the April enforcement period. This award packet includes: a copy of your purchase order, your claim
workbook which includes the enforcement campaign calendar, this award letter and Notice to Proceed. If you
need copies of any of these documents, please inform your Law Enforcement Liaison, Lee Birk.
Be advised the following changes to Click it or Ticket grants have been implemented to ensure compliance with
National Highway Traffic Safety Administration (NHTSA), as well as CDOT, rules and regulations.
• Mandatory Compliance with C.R.S. 24-31-903. Agency must remain compliant with C.R.S. 24-31-903 -
Division of Criminal Justice Report - Law Enforcement Integrity Reporting. You may contact
cdps_dcj_lei@state.co.us or visit Law Enforcement Integrity for compliance information. Agency Grant
will be rescinded if your Agency is 4 or more months out of Compliance.
• National Mobilization Enforcement May Wave. The CIOT grant's intent is to balance enforcement
efforts and financial resources equally across the three designated enforcement periods to multiply
local and national efforts to raise seatbelt use. Agencies that receive funding are required to
participate in the National Mobilization CIOT enforcement campaign in May. Participation in
subsequent CIOT enforcement waves is highly encouraged.
• Colorado Department of Transportation asks each awarded agency to set up for Electronic Funds
Transfer payments. Please send your W-9 with correct address, signed (wet signature or Adobe
certified signature) and dated within the last 6 months to the HSO Program controls analyst
(lisa.totman@state.co.us) to start the EFT setup process. If your agency is not currently set up for
EFT, the address on the next page may be your City or County Address.
Please contact me at josephine.oldaker@state.co.us, CIOT Program Manager Robert Wynkoop at
robert.wynkoop@state.co.us or your Law Enforcement Liaison, Lee Birk, lee.birk@state.co.us with any questions
or concerns.
Thank you for your commitment toward traffic safety.
Sincerely,
Josephine Oldaker
Click It or Ticket Program Coordinator
Colorado Highway Safety office
(Notice to proceed and federal award information on next page)
IOF'col
�O'
u o
2829 W Howard Place, 5th Floor, Denver,Co. 80204 P 303.757.9069 www.coloradodot.info * -" d n-
"!sirs'
NOTICE TO PROCEED
Agency Name: Weld County Sheriffs Office
Grantee's Address: 1950 0 Street, Greeley, CO 80632
Agency's UEI #: MKKXT9U9MTV5
Expiration Date: 7/2/2026
Agency Project Manager: Sgt. Jared Patteron
Project Description: Local Law Enforcement Agencies Click it or Ticket
WBS#: 2026NHTSA402.0504
Federal Award Identification#(FAIN) FY25: 69A37525300004020000
Federal Funding Estimated Amount: $3,682,489.08
Federal Award Identification #(FAIN) FY25: 69A3752530SUP4020C00
Federal Funding Estimated Amount: $336,982.23
Federal Award Identification#(FAIN) FY26: 69A37526300004020000
Federal Funding Estimated Amount: $2,158,726.15
Federal Award Identification #(FAIN) FY26: 69A3752630SUP4020C00
Federal Funding Estimated Amount: $337,948.78
Award Date: March 6, 2026
Assistance Listing (CFDA)#and Name: 20.600 Section 402 - State and Community Highway Safety
Federal Awarding Agency: US Department of Transportation
(National Highway Traffic Safety Administration (NHTSA)
Federal Regional Contact: Gina Espinosa-Salcedo
Your Agency's approved Budget Amount: $2250.00
Period of Performance start and end dates: 04/6/26- 9/30/26
�.oF•coto-,
9
2829 W Howard Place, 5th Floor, Denver,Co. 80204 P 303.757.9069 www.coloradodot.info
*1876
Colorado Dept of Transportation OF COO
DATE:02/27/2026 ti = .� ur c ha s e Order
2829 W. Howard Place
Denver CO 80204
State of Colorado
IMPORTANT \
* ,w The PO# and Line# � "
Buyer: Richard Clark ' must appear on all * w `"
Phone Number: invoices, packing l876
Agency Contact: Josephine Oldaker slips, cartons and PO#411044190 11111111111111111111
III NI IIIIIIIIIIIIII
Phone Number: 303-365-7044 correspondence Award#:
BID#:
Vendor Master#:2000135 Page# 1 of 1
Phone: 970-400-4445 Invoice
Vendor Contact:
TO: CDOT OFFICE OF TRANSP. SAFETY
2829 W. Howard Place
e• COUNTY OF WELD DENVER CO 80204
N 1950 0 STREET
• GREELEY CO 80631 Payment will be made by this agency
0
R Ship
INSTRUCTIONS TO VENDOR TO: Colorado Dept of Transportation
2829 W Howard P1
I.If for any reason,delivery of this order is delayed beyond the delivery/Installation date shown,please notify Denver CO 80204
the agency contact named at the top left(Right of cancellation is reserved in instances in which timely delivery
is not made).2.All chemicals,equipment and materials must conform to the standards required by OSHA. Delivery/Installation Date: 09/30/2026
3.NOTE:Additional terms and conditions on reverse side or at address shown in Special Instructions.
PO Expiration Date:09/30/2026
SPECIAL INSTRUCTIONS
*Department of Transportation Safety Weld County Sheriffs Office Click It or Ticket Program 2026 Effective through 09/30/2026
LINE PRODUCT NUMBER UOM QUANTITY UNIT COST TOTAL ITEM COST
PRODUCT CATEGORY PLANT
DESCRIPTION
00001 AU 2,250.0001.00 2,250.00
92585 7001
Weld Co SO FFY26 Click
it or Ticket
I agree to comply with the statements made and contained under the title
Certification and Assurances in the Office of Transportation Safety approved
application. No expenditures against this project will be paid prior to April 2026
or the PO effective date, whichever is later.
The Small Dollar Grant Award Terms and Conditions supersede CDOT's Standard Terms
and Conditions and can be found onour website.
DOCUMENT TOTAL: 2,250.00
THIS PO IS ISSUED IN ACCORDANCE WITH STATE AND FEDERAL REGULATIONS FOR THE STATE OF COLORADO ^pr^
httpst//ow.Colorado.yov/spco/centr.1-contract-unit/purchama-order-terms-condi lions MAR 2 '3 2026
DP-0l(R-02/06)
Sc t R. James, Chair Date
Board of Weld County Commissioners
Signature not required if PO transmitted
electronically.
ZOZ(Q—(1°�
State of Colorado Small Dollar Grant Award Terms
and Conditions
A. Offer/Acceptance. This Small Dollar Grant Award, together with these terms and
conditions (including, if applicable, Addendum 1: Additional Terms and Conditions for
Information Technology, and Addendum 2: Additional Terms and Conditions for Federal
Provisions, below), and any other attachments, exhibits, specifications, or appendices,
whether attached or incorporated by reference (collectively the "Agreement") shall
represent the entire and exclusive agreement between the State of Colorado,by and through
the agency identified on the face of the Small Dollar Grant Award ("State") and the
Subrecipient identified on the face of the Small Dollar Grant Award ("Grantee"). If this
Agreement refers to Grantee's bid or proposal, this Agreement is an ACCEPTANCE of
Grantee's OFFER TO PERFORM in accordance with the terms and conditions of this
Agreement. If a bid or proposal is not referenced,this Agreement is an OFFER TO ENTER
INTO AGREEMENT, subject to Grantee's acceptance, demonstrated by Grantee's
beginning performance or written acceptance of this Agreement. Any counter-offer
automatically cancels this Agreement, unless a change order is issued by the State
accepting a counter-offer. Except as provided herein, the State shall not be responsible or
liable for any Work performed prior to issuance of this Agreement. The State's financial
obligations to the Grantee are limited by the amount of Grant Funds awarded as reflected
on the face of the Small Dollar Grant Award.
B. Order of Precedence. In the event of a conflict or inconsistency within this Agreement,
such conflict or inconsistency shall be resolved by giving preference to the documents in
the following order of priority: (1) if applicable, Addendum 2: Additional Terms and
Conditions for Federal Provisions, below; (2)the Small dollar Grant Award document; (3)
these terms and conditions (including, if applicable, Addendum 1 below); and (4) any
attachments, exhibits, specifications, or appendices, whether attached or incorporated by
reference. Notwithstanding the above, if this Agreement has been funded, in whole or in
part, with a Federal Award, in the event of a conflict between the Federal Grant and this
Agreement, the provisions of the Federal Grant shall control. Grantee shall comply with
all applicable Federal provisions at all times during the term of this Agreement.Any terms
and conditions included on Grantee's forms or invoices not included in this Agreement are
void.
C. Changes. Once accepted in accordance with §1, this Agreement shall not be modified,
superseded or otherwise altered, except in writing by the State and accepted by Grantee.
D. Definitions.The following terms shall be construed and interpreted as follows: (a) "Award"
means an award of Federal financial assistance, and the grant setting forth the terms and
conditions of that financial assistance,that a Non-Federal Entity receives or administer.;(b)
"Budget" means the budget for the Work described in this Agreement; (c) "Business Day"
means any day in which the State is open and conducting business, but shall not include
Saturday, Sunday or any day on which the State observes one of the holidays listed in CRS
§24-11- 101(1); (d) "UCC" means the Uniform Commercial Code in CRS Title 4; (e)
"Effective Date" means the date on which this Agreement is issued as shown on the face
of the Small Dollar Grant Award; (f) "Federal Award" means an award of federal financial
assistance or a cost-reimbursement contract, by a Federal Awarding Agency to the
Recipient. "Federal Award" also means an agreement setting forth the terms and conditions
of the Federal Award, which terms and conditions shall flow down to the Award unless
such terms and conditions specifically indicate otherwise. The term does not include
payments to a contractor or payments to an individual that is a beneficiary of a Federal
program; (g) "Federal Awarding Agency" means a Federal agency providing a Federal
Award to a Recipient as described in 2 CFR 200.1; (h) "Grantee" means the party or parties
identified as such in the Grant to which these Terms and Conditions apply. Grantee also
means Subrecipient; (i) "Grant Funds" means the funds that have been appropriated,
designated, encumbered, or otherwise made available for payment by the State under this
Agreement; (j) "Matching Funds" mean the funds provided by the Grantee to meet cost
sharing requirements described in this Agreement; (k) "Non-Federal Entity" means a State,
local government, Indian tribe, institution of higher education, or nonprofit organization
that carries out a Federal Award as a Recipient or Subrecipient; (1) "Recipient" means the
State agency identified on the face of the Small Dollar Grant Award; (m) "Subcontractor"
means third parties, if any, engaged by Grantee to aid in performance of the Work; (n)
"Subrecipient" means an entity that receives a subaward from a pass-through entity to carry
out part of a Federal award. The term subrecipient does not include a beneficiary or
participant.A subrecipient may also be a recipient of other Federal awards directly from a
Federal agency; (o) "Uniform Guidance" means the Office of Management and Budget
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards. The terms and conditions of the Uniform Guidance flow down to awards
to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise; and (p) "Work" means the goods delivered or
services, or both,performed pursuant to this Agreement and identified as Line Items on the
face of the Small Dollar Grant Award.
E. Delivery. Grantee shall furnish the Work in strict accordance with the specifications and
price set forth in this Agreement. The State shall have no liability to compensate Grantee
for the performance of any Work not specifically set forth in the Agreement.
F. Rights to Materials. [Not Applicable to Agreements issued either in whole in part for
Information Technology, as defined in CRS § 24-37.5-102(2); in which case Addendum 1
§2 applies in lieu of this section.] Unless specifically stated otherwise in this Agreement,
all materials, including without limitation supplies, equipment, documents, content,
information, or other material of any type, whether tangible or intangible (collectively
"Materials"), furnished by the State to Grantee or delivered by Grantee to the State in
performance of its obligations under this Agreement shall be the exclusive property the
State. Grantee shall return or deliver all Materials to the State upon completion or
termination of this Agreement.
G. Grantee Records. Grantee shall make,keep,maintain,and allow inspection and monitoring
by the State of a complete file of all records, documents, communications, notes and other
written materials, electronic media files, and communications,pertaining in any manner to
the Work (including, but not limited to the operation of programs) performed under this
Agreement (collectively "Grantee Records"). Grantee must collect, transmit, and store
information related to this Agreement in open and machine-readable formats (2 CFR
200.336). Unless otherwise specified by the State,the Grantee shall retain Grantee Records
for a period(the "Record Retention Period")of three years following the date of submission
to the State of the final expenditure report,or if this Award is renewed quarterly or annually,
from the date of the submission of each quarterly or annual report, respectively. If any
litigation, claim, or audit related to this Award starts before expiration of the Record
Retention Period, the Record Retention Period shall extend until all litigation, claims or
audit finding have been resolved and final action taken by the State or Federal Awarding
Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight, or indirect
costs, and the State, may notify Grantee in writing that the Record Retention Period shall
be extended. For records for real property and equipment, the Record Retention Period
shall extend three years following final disposition of such property. Grantee shall permit
the State, the federal government, and any other duly authorized agent of a governmental
agency to audit, inspect, examine,excerpt,copy and transcribe Grantee Records during the
Record Retention Period. Grantee shall make Grantee Records available during normal
business hours at Grantee's office or place of business, or at other mutually agreed upon
times or locations,upon no fewer than two Business Days'notice from the State,unless the
State determines that a shorter period of notice, or no notice, is necessary to protect the
interests of the State. The State, in its discretion, may monitor Grantee's performance of its
obligations under this Agreement using procedures as determined by the State. The federal
government and any other duly authorized agent of a governmental agency, in its
discretion, Grantee shall allow the State to perform all monitoring required by the Uniform
Guidance, based on the State's risk analysis of Grantee and this Agreement, and the State
shall have the right, in its discretion,to change its monitoring procedures and requirements
at any time during the term of this Agreement. The State will monitor Grantee's
performance in a manner that does not unduly interfere with Grantee's performance of the
Work. Grantee shall promptly submit to the State a copy of any final audit report of an
audit performed on Grantee Records that relates to or affects this Agreement or the Work,
whether the audit is conducted by Grantee, a State agency or the State's authorized
representative, or a third party. If applicable, the Grantee may be required to perform a
single audit under 2 CFR 200.501, et seq. Grantee shall submit a copy of the results of that
audit to the State within the same timelines as the submission to the federal government.
H. Reporting. If Grantee is served with a pleading or other document in connection with an
action before a court or other administrative decision- making body, and such pleading or
document relates to this Agreement or may affect Grantee's ability to perform its
obligations under this Agreement, Grantee shall, within 10 days after being served, notify
the State of such action and deliver copies of such pleading or document to the State.
Grantee shall disclose, in a timely manner,in writing to the State and the Federal Awarding
Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Award. The State or the Federal Awarding Agency may
impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C.
3321, which may include, without limitation, suspension or debarment.
I. Conflicts of Interest. Grantee acknowledges that with respect to this Agreement, even the
appearance of a conflict of interest is harmful to the State's interests. Absent the State's
prior written approval, Grantee shall refrain from any practices, activities, or relationships
that reasonably may appear to be in conflict with the full performance of Grantee's
obligations to the State under this Agreement. If a conflict or appearance of a conflict of
interest exists, or if Grantee is uncertain as to such, Grantee shall submit to the State a
disclosure statement setting forth the relevant details for the State's consideration. Failure
to promptly submit a disclosure statement or to follow the State's direction in regard to the
actual or apparent conflict constitutes a breach of this Agreement. Grantee certifies that to
their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. Grantee has no interest
and shall not acquire any interest, direct or indirect, that would conflict in any manner or
degree with the performance of Grantee's Services and Grantee shall not employ any person
having such known interests.
J. Taxes. The State is exempt from federal excise taxes and from State and local sales and use
taxes.
K. Payment. Payments to Grantee are limited to the unpaid, obligated balance of the Grant
Funds. The State shall not pay Grantee any amount under this Agreement that exceeds the
Document Total shown on the face of the Small Dollar Grant Award. The State shall pay
Grantee in the amounts and in accordance with the schedule and other conditions set forth
in this Agreement. Grantee shall initiate payment requests by invoice to the State,in a form
and manner approved by the State. The State shall pay Grantee for all amounts due within
45 days after receipt of an Awarding Agency's approved invoicing request, or in instances
of reimbursement grant programs a request for reimbursement, compliant with Generally
Accepted Accounting Principles (GAAP) and, if applicable Government Accounting
Standards Board (GASB) of amount requested. Amounts not paid by the State within 45
days of the State's acceptance of the invoice shall bear interest on the unpaid balance
beginning on the 45th day at the rate set forth in CRS §24-30-202(24) until paid in full.
Interest shall not accrue if a good faith dispute exists as to the State's obligation to pay all
or a portion of the amount due. Grantee shall invoice the State separately for interest on
delinquent amounts due, referencing the delinquent payment, number of day's interest to
be paid, and applicable interest rate. The acceptance of an invoice shall not constitute
acceptance of any Work performed under this Agreement. Except as specifically agreed in
this Agreement, Grantee shall be solely responsible for all costs, expenses, and other
charges it incurs in connection with its performance under this Grantee.
L. Term. The parties' respective performances under this Agreement shall commence on the
"Service From" date identified on the face of the Small Dollar Grant Award, unless
otherwise specified, and shall terminate on the "Service To" date identified on the face of
the Small Dollar Grant Award unless sooner terminated in accordance with the terms of
this Agreement.
M. Payment Disputes. If Grantee disputes any calculation, determination or amount of any
payment, Grantee shall notify the State in writing of its dispute within 30 days following
the earlier to occur of Grantee's receipt of the payment or notification of the determination
or calculation of the payment by the State. The State will review the information presented
by Grantee and may make changes to its determination based on this review. The
calculation, determination or payment amount that results from the State's review shall not
be subject to additional dispute under this subsection. No payment subject to a dispute
under this subsection shall be due until after the State has concluded its review, and the
State shall not pay any interest on any amount during the period it is subject to dispute
under this subsection.
N. Matching Funds. Grantee shall provide Matching Funds, if required by this Agreement. If
permitted under the terms of the grant and per this Agreement, Grantee may be permitted
to provide Matching Funds prior to or during the course of the project or the match will be
an in-kind match. Grantee shall report to the State regarding the status of such funds upon
request. Grantee's obligation to pay all or any part of any Matching Funds, whether direct
or contingent, only extend to funds duly and lawfully appropriated for the purposes of this
Agreement by the authorized representatives of Grantee and paid into Grantee's treasury
or bank account. Grantee represents to the State that the amount designated "Grantee's
Matching Funds" pursuant to this Agreement, has been legally appropriated for the
purposes of this Agreement by its authorized representatives and paid into its treasury or
bank account. Grantee does not by this Agreement irrevocably pledge present cash reserves
for payments in future fiscal years, and this Agreement is not intended to create a multiple-
fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late
charges, fees, taxes or penalties of any nature, except as required by Grantee's laws or
policies.
O. Reimbursement of Grantee Costs. If applicable, the State shall reimburse Grantee's
allowable costs, not exceeding the maximum total amount described in this Agreement for
all allowable costs described in the grant except that Grantee may adjust the amounts
between each line item of the Budget without formal modification to this Agreement as
long as the Grantee provides notice to, and received approval from the State of the change,
the change does not modify the total maximum amount of this Agreement, and the change
does not modify any requirements of the Work. If applicable, the State shall reimburse
Grantee for the properly documented allowable costs related to the Work after review and
approval thereof, subject to the provisions of this Agreement. However, any costs incurred
by Grantee prior to the Effective Date shall not be reimbursed absent specific allowance of
pre-award costs. Grantee's costs for Work performed after the "Service To" date identified
on the face of the Small Dollar Grant Award, or after any phase performance period end
date for a respective phase of the Work, shall not be reimbursable. The State shall only
reimburse allowable costs described in this Agreement and shown in the Budget if those
costs are (a) reasonable and necessary to accomplish the Work, and (b) equal to the actual
net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that
reduce the costs actually incurred).
P. Close-Out. Grantee shall close out this Award within 45 days after the "Service To" date
identified on the face of the Small Dollar Grant Award, including any modifications. To
complete close-out, Grantee shall submit to the State all deliverables (including
documentation)as defined in this Agreement and Grantee's final reimbursement request or
invoice. In accordance with the Agreement, the State may withhold a percentage of
allowable costs until all final documentation has been submitted and accepted by the State
as substantially complete.
Q. Assignment. Grantee's rights and obligations under this Agreement may not be transferred
or assigned without the prior, written consent of the State and execution of a new
agreement.Any attempt at assignment or transfer without such consent and new agreement
shall be void. Any assignment or transfer of Grantee's rights and obligations approved by
the State shall be subject to the provisions of this Agreement.
R. Subcontracts. Grantee shall not enter into any subcontract in connection with its obligations
under this Agreement without the prior, written approval of the State. Grantee shall submit
to the State a copy of each subcontract upon request by the State.All subcontracts entered
into by Grantee in connection with this Agreement shall comply with all applicable federal
and state laws and regulations, shall provide that they are governed by the laws of the State
of Colorado, and shall be subject to all provisions of this Agreement.
S. Severability. The invalidity or unenforceability of any provision of this Agreement shall
not affect the validity or enforceability of any other provision of this Agreement, which
shall remain in full force and effect, provided that the Parties can continue to perform their
obligations in accordance with the intent of the Agreement.
T. Survival of Certain Agreement Terms. Any provision of this Agreement that imposes an
obligation on a party after termination or expiration of the Agreement shall survive the
termination or expiration of the Agreement and shall be enforceable by the other party.
U. Third Party Beneficiaries. Except for the parties' respective successors and assigns, this
Agreement does not and is not intended to confer any rights or remedies upon any person
or entity other than the Parties. Enforcement of this Agreement and all rights and
obligations hereunder are reserved solely to the parties. Any services or benefits which
third parties receive as a result of this Agreement are incidental to the Agreement, and do
not create any rights for such third parties.
V. Waiver. A party's failure or delay in exercising any right, power, or privilege under this
Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor
shall any single or partial exercise of any right, power, or privilege preclude any other or
further exercise of such right, power, or privilege.
W. Indemnification. [Not Applicable to Inter-governmental agreements] Grantee shall
indemnify, save, and hold harmless the State, its employees, agents and assignees (the
"Indemnified Parties"), against any and all costs, expenses, claims, damages, liabilities,
court awards and other amounts (including attorneys' fees and related costs) incurred by
any of the Indemnified Parties in relation to any act or omission by Grantee, or its
employees, agents, Subcontractors, or assignees in connection with this Agreement. This
shall include, without limitation, any and all costs, expenses, claims, damages, liabilities,
court awards and other amounts incurred by the Indemnified Parties in relation to any claim
that any work infringes a patent,copyright,trademark,trade secret,or any other intellectual
property right or any claim for loss or improper disclosure of any confidential information
or personally identifiable information. If Grantee is a public agency prohibited by
applicable law from indemnifying any party, then this section shall not apply.
X. Notice. All notices given under this Agreement shall be in writing, and shall be delivered
to the contacts for each party listed on the face of the Small Dollar Grant Award. Either
party may change its contact or contact information by notice submitted in accordance with
this section without a formal modification to this Agreement.
Y. Insurance. Except as otherwise specifically stated in this Agreement or any attachment or
exhibit to this Agreement, Grantee shall obtain and maintain insurance as specified in this
section at all times during the term of the Agreement: (a)workers' compensation insurance
as required by state statute, and employers' liability insurance covering all Grantee
employees acting within the course and scope of their employment, (b) Commercial
general liability insurance written on an Insurance Services Office occurrence form,
covering premises operations, fire damage, independent contractors, products and
completed operations,blanket contractual liability,personal injury,and advertising liability
with minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general
aggregate; $1,000,000 products and completed operations aggregate; and $50,000 any one
fire, and (c)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. If Grantee will or may have access to any protected information, then Grantee shall
also obtain and maintain insurance covering loss and disclosure of protected information
and claims based on alleged violations of privacy right through improper use and disclosure
of protected information with limits of$1,000,000 each occurrence and$1,000,000 general
aggregate at all times during the term of the Small Dollar Grant Award. Additional
insurance may be required as provided elsewhere in this Agreement or any attachment or
exhibit to this Agreement.All insurance policies required by this Agreement shall be issued
by insurance companies with an AM Best rating of A-VIII or better. If Grantee is a public
agency within the meaning of the Colorado Governmental Immunity Act, then this section
shall not apply and Grantee shall instead comply with the Colorado Governmental
Immunity Act.
Z. Termination Prior to Grantee Acceptance. If Grantee has not begun performance under this
Agreement, the State may cancel this Agreement by providing written notice to the
Grantee.
AA. Termination for Cause. If Grantee refuses or fails to timely and properly perform
any of its obligations under this Agreement with such diligence as will ensure its
completion within the time specified in this Agreement, the State may notify Grantee in
writing of non-performance and, if not corrected by Grantee within the time specified in
the notice, terminate Grantee's right to proceed with the Agreement or such part thereof as
to which there has been delay or a failure. Grantee shall continue performance of this
Agreement to the extent not terminated. Grantee shall be liable for excess costs incurred
by the State in procuring similar Work and the State may withhold such amounts, as the
State deems necessary. If after rejection,revocation, or other termination of Grantee's right
to proceed under the Colorado Uniform Commercial Code(CUCC)or this clause,the State
determines for any reason that Grantee was not in default or the delay was excusable, the
rights and obligations of the State and Grantee shall be the same as if the notice of
termination had been issued pursuant to termination under §28.
BB. Termination in Public Interest. The State is entering into this Agreement for the
purpose of carrying out the public interest of the State, as determined by its Governor,
General Assembly,Courts,or Federal Awarding Agency.If this Agreement ceases to further
the public interest of the State as determined by its Governor, General Assembly, Courts,
or Federal Awarding Agency,the State,in its sole discretion,may terminate this Agreement
in whole or in part and such termination shall not be deemed to be a breach of the State's
obligations hereunder. This section shall not apply to a termination for cause, which shall
be governed by §27. A determination that this Small Dollar Grant Award should be
terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. The State shall give written notice of termination to Grantee specifying the
part of the Agreement terminated and when termination becomes effective. Upon receipt
of notice of termination, Grantee shall not incur further obligations except as necessary to
mitigate costs of performance. The State shall pay the Agreement price or rate for Work
performed and accepted by State prior to the effective date of the notice of termination.
The State's termination liability under this section shall not exceed the total Agreement
price.
CC. Termination for Funds Availability. The State is prohibited by law from making
commitments beyond the term of the current State Fiscal Year. Payment to Grantee beyond
the current State Fiscal Year is contingent on the appropriation and continuing availability
of Grant Funds in any subsequent year(as provided in the Colorado Special Provisions). If
federal funds or funds from any other non-State funds constitute all or some of the Grant
Funds, the State's obligation to pay Grantee shall be contingent upon such non-State
funding continuing to be made available for payment. Payments to be made pursuant to
this Agreement shall be made only from Grant Funds, and the State's liability for such
payments shall be limited to the amount remaining of such Grant Funds. If State, federal
or other funds are not appropriated, or otherwise become unavailable to fund this
Agreement, the State may, upon written notice, terminate this Agreement, in whole or in
part, without incurring further liability. The State shall, however, remain obligated to pay
for Work performed and accepted prior to the effective date of notice of termination, and
this termination shall otherwise be treated as if this Agreement were terminated in the
public interest as described in §28.
DD. Grantee's Termination Under Federal Requirements. If the Grant Funds include any
federal funds, then Grantee may request termination of this Grant by sending notice to the
State, or to the Federal Awarding Agency with a copy to the State, which includes the
reasons for the termination and the effective date of the termination. If this Grant is
terminated in this manner,then Grantee shall return any advanced payments made for Work
that will not be performed prior to the effective date of the termination.
EE.Governmental Immunity. Liability for claims for injuries to persons or property arising
from the negligence of the State, its departments, boards, commissions committees,
bureaus, offices, employees and officials shall be controlled and limited by the provisions
of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., the Federal Tort
Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk
management statutes, CRS §§24-30-1501, et seq. No term or condition of this Agreement
shall be construed or interpreted as a waiver, express or implied, of any of the immunities,
rights, benefits, protections, or other provisions, contained in these statutes.
FF.Grant Recipient. Grantee shall perform its duties hereunder as a grant recipient and not as
an employee.Neither Grantee nor any agent or employee of Grantee shall be deemed to be
an agent or employee of the State. Grantee shall not have authorization, express or implied,
to bind the State to any agreement, liability or understanding, except as expressly set forth
herein. Grantee and its employees and agents are not entitled to unemployment insurance
or workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head taxes
incurred pursuant to this Agreement. Grantee shall (a) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law,
(b) provide proof thereof when requested by the State, and (c) be solely responsible for its
acts and those of its employees and agents.
GG. Compliance with Law. Grantee shall comply with all applicable federal and State
laws,rules, and regulations in effect or hereafter established, including,without limitation,
laws applicable to discrimination and unfair employment practices.
HH. Choice of Law, Jurisdiction and Venue. [Not Applicable to Inter-governmental
agreements] Colorado law, and rules and regulations issued pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of this Agreement.Any provision
included or incorporated herein by reference which conflicts with said laws, rules, and
regulations shall be null and void. All suits or actions related to this Agreement shall be
filed and proceedings held in the State of Colorado and exclusive venue shall be in the City
and County of Denver. Any provision incorporated herein by reference which purports to
negate this or any other provision in this Agreement in whole or in part shall not 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 or for
any other reason shall not invalidate the remainder of this Agreement,to the extent capable
of execution. Grantee shall exhaust administrative remedies in CRS §24-109-106, prior to
commencing any judicial action against the State regardless of whether the Colorado
Procurement Code applies to this Agreement.
II. Prohibited Terms. Nothing in this Agreement shall be construed as a waiver of any
provision of CRS §24-106-109.Any term included in this Agreement that requires the State
to indemnify or hold Grantee harmless; requires the State to agree to binding arbitration;
limits Grantee's liability for damages resulting from death, bodily injury, or damage to
tangible property; or that conflicts with that statute in any way shall be void ab initio.
JJ. Public Contracts for Services. [Not Applicable to offer, issuance, or sale of securities,
investment advisory services, fund management services, sponsored projects,
intergovernmental grant agreements, or information technology services or products and
services] Grantee certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this Agreement and will confirm
the employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this Agreement, through participation in the E-Verify
Program or the Department program established pursuant to CRS §8-17.5- 102(5)(c),
Grantee shall not knowingly employ or contract with an illegal alien to perform work under
this Agreement or enter into a contract or agreement with a Subcontractor that fails to
certify to Grantee that the Subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement. Grantee shall (a) not use E-Verify
Program or Department program procedures to undertake pre- employment screening of
job applicants during performance of this Agreement, (b) notify Subcontractor and the
State within three days if Grantee has actual knowledge that Subcontractor is employing
or contracting with an illegal alien for work under this Agreement, (c) terminate the
subcontract if Subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving notice, and (d) comply with reasonable requests made in the
course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Grantee participates in the Department program,
Grantee shall deliver to the State a written,notarized affirmation that Grantee has examined
the legal work status of such employee, and shall comply with all of the other requirements
of the Department program. If Grantee fails to comply with any requirement of this
provision or CRS §8-17.5-101 et seq., the State may terminate this Agreement for breach
and, if so terminated, Grantee shall be liable for damages.
KK. Public Contracts with Natural Persons. Grantee, if a natural person 18 years of age
or older, hereby swears and affirms under penalty of perjury that the person(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 a form of
identification required by CRS §24-76.5-103 prior to the date Grantee begins Work under
terms of the Agreement.
LL.Whistle Blower Protections. An employee of a grantee must not be discharged, demoted,
or otherwise discriminated against as a reprisal for disclosing to a person or body described
in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes
is evidence of gross mismanagement of a Federal contract or grant,a gross waste of Federal
funds,an abuse of authority relating to a Federal contract or grant,a substantial and specific
danger to public health or safety,or a violation of law,rule,or regulation related to a Federal
contract (including the competition for or negotiation of a contract) or grant. The
subrecipient must inform their employees in writing of employee whistleblower rights and
protections under 41 U.S.C.4712. See statutory requirements for whistleblower protections
at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and 10 U.S.C. 4310.
MM. Accessibility. Grantee shall comply with and the Work Product provided under this
PO shall be in compliance with all applicable provisions of§§24-85-101, et seq., C.R.S.,
and the Accessibility Standards for Individuals with a Disability, as established by OIT
pursuant to Section §24-85-103(2.4), C.R.S. Grantee shall also comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of
the most current version of the Web Content Accessibility Guidelines (WCAG), in in the
State of Colorado technology standards. Grantee shall indemnify, save, and hold harmless
the Indemnified Parties against any and all costs, expenses, claims, damages, liabilities,
court awards and other amounts (including attorneys' fees and related costs) incurred by
any of the Indemnified Parties in relation to Grantee's failure to comply with §§24-85-101,
et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as
established by OIT pursuant to Section §24-85-103 (2.5), The State may require Grantee's
compliance to the State's Accessibility Standards to be determined by a third party selected
by the State to attest to Grantee's Work Product and software is in compliance with
§ 24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a
Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
Addendum 1: Information Technology
Additional Terms & Conditions for Information Technology IF ANY PART OF THE SUBJECT
MATTER OF THIS AGREEMENT IS INFORMATION TECHNOLOGY,AS DEFINED IN CRS
§ 24-37.5-102 (2), THE FOLLOWING PROVISIONS ALSO APPLY TO THIS AGREEMENT.
A. Definitions. The following terms shall be construed and interpreted as follows: (a) "CJI"
means criminal justice information collected by criminal justice agencies needed for the
performance of their authorized functions, including, without limitation, all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau
of Investigation, Criminal Justice Information Services Security Policy, as amended, and
all Criminal Justice Records as defined under CRS §24-72-302; (b) "Incident" means any
accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or destruction of any
communications or information resources of the State, pursuant to CRS §§24-37.5-401 et
seq.; (c) "PCI" means payment card information including any data related to credit card
holders' names, credit card numbers, or the other credit card information as may be
protected by state or federal law; (d) "PHI" means any protected health information,
including, without limitation any information whether oral or recorded in any form or
medium that relates to the past, present or future physical or mental condition of an
individual; the provision of health care to an individual; or the past, present or future
payment for the provision of health care to an individual; and that identifies the individual
or with respect to which there is a reasonable basis to believe the information can be used
to identify the individual including, without limitation, any information defined as
Individually Identifiable Health Information by the federal Health Insurance Portability
and Accountability Act; (e) "PII" means personally identifiable information including,
without limitation,any information maintained by the State about an individual that can be
used to distinguish or trace an individual's identity, such as name, social security number,
date and place of birth, mother's maiden name, or biometric records, including, without
limitation, all information defined as personally identifiable information in CRS §24-72-
501; (0 "State Confidential Information" means any and all State Records not subject to
disclosure under the Colorado Open Records Act and includes,without limitation,PII,PHI,
PCI, Tax Information, CJI, and State personnel records not subject to disclosure under the
Colorado Open Records Act,(g) "State Fiscal Rules" means those fiscal rules promulgated
by the Colorado State Controller pursuant to CRS §24-30-202(13)(a); (h) "State Fiscal
Year" means a 12 month period beginning on July 1 of each calendar year and ending on
June 30 of the following calendar year; (i) "State Records" means any and all State data,
information, and records, regardless of physical form; (j) "Tax Information" means federal
and State of Colorado tax information including, without limitation; federal and State tax
returns, return information, and such other tax-related information as may be protected by
federal and State law and regulation, including, without limitation all information defined
as federal tax information in Internal Revenue Service Publication 1075; and (k) "Work
Product" means the tangible and intangible results of the delivery of goods and
performance of services, whether finished or unfinished, including drafts. Work Product
includes, but is not limited to, documents,text, software (including source code),research,
reports, proposals, specifications, plans, notes, studies, data, images, photographs,
negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts,
know-how, information, and any other results of the Work, but does not include any
material that was developed prior to the Effective Date that is used, without modification,
in the performance of the Work.
B. Intellectual Property. Except to the extent specifically provided elsewhere in this
Agreement,any State information,including without limitation pre-existing State software,
research, reports, studies, data, photographs, negatives or other documents, drawings,
models, materials; or Work Product prepared by Grantee in the performance of its
obligations under this Agreement shall be the exclusive property of the State (collectively,
"State Materials"). All State Materials shall be delivered to the State by Grantee upon
completion or termination of this Agreement. The State's exclusive rights in any Work
Product prepared by Grantee shall include, but not be limited to,the right to copy, publish,
display,transfer,and prepare derivative works. Grantee shall not use,willingly allow,cause
or permit any State Materials to be used for any purpose other than the performance of
Grantee's obligations hereunder without the prior written consent of the State. The State
shall maintain complete and accurate records relating to (a) its use of all Grantee and third
party software licenses and rights to use any Grantee or third party software granted under
this Agreement and its attachments to which the State is a party and(b)all amounts payable
to Grantee pursuant to this Agreement and its attachments and the State's obligations under
this Agreement or any amounts payable to Grantee in relation to this Agreement, which
records shall contain sufficient information to permit Grantee to confirm the State's
compliance with the use restrictions and payment obligations under this Agreement or to
any third party use restrictions to which the State is a party. Grantee retains the exclusive
rights, title and ownership to any and all pre-existing materials owned or licensed to
Grantee including,but not limited to all pre-existing software,licensed products,associated
source code, machine code, text images, audio, video, and third party materials, delivered
by Grantee under the Agreement, whether incorporated in a deliverable or necessary to use
a deliverable (collectively, "Grantee Property"). Grantee Property shall be licensed to the
State as set forth in a State-approved license agreement (a) entered into as exhibits or
attachments to this Agreement, (b) obtained by the State from the applicable third party
Grantee, or (c) in the case of open source software, the license terms set forth in the
applicable open source license agreement.Notwithstanding anything to the contrary herein,
the State shall not be subject to any provision incorporated in any exhibit or attachment
attached hereto, any provision incorporated in any terms and conditions appearing on any
website, any provision incorporated into any click through or online agreements, or any
provision incorporated into any other document or agreement between the parties that (a)
requires the State or the State to indemnify Grantee or any other party, (b) is in violation of
State laws, regulations, rules, State Fiscal Rules, policies, or other State requirements as
deemed solely by the State, or(c) is contrary to this Agreement.
C. Information Confidentiality. Grantee shall keep confidential, and cause all Subcontractors
to keep confidential, all State Records, unless those State Records are publicly available.
Grantee shall not, without prior written approval of the State, use, publish, copy, disclose
to any third party, or permit the use by any third party of any State Records, except as
otherwise stated in this Agreement, permitted by law, or approved in writing by the State.
If Grantee will or may have access to any State Confidential Information or any other
protected information, Grantee shall provide for the security of all State Confidential
Information in accordance with all applicable laws, rules, policies, publications, and
guidelines. Grantee shall comply with all Colorado Office of Information Security ("OIS")
policies and procedures which OIS has issued pursuant to CRS §§24- 37.5-401 through
406 and 8 CCR §1501-5 and posted at OIT Technical Standards and Policies, all
information security and privacy obligations imposed by any federal, state, or local statute
or regulation, or by any industry standards or guidelines, as applicable based on the
classification of the data relevant to Grantee's performance under this Agreement. Such
obligations may arise from: Health Information Portability and Accountability Act
(HIPAA); IRS Publication 1075; Payment Card Industry Data Security Standard (PCI-
DSS);FBI Criminal Justice Information Service Security Addendum;Centers for Medicare
& Medicaid Services (CMS) Minimum Acceptable Risk Standards for Exchanges; and
Electronic Information Exchange Security Requirements and Procedures for State and
Local Agencies Exchanging Electronic Information with The Social Security
Administration. Grantee shall immediately forward any request or demand for State
Records to the State's principal representative.
D. Other Entity Access and Nondisclosure Agreements. Grantee may provide State Records
to its agents, employees, assigns and Subcontractors as necessary to perform the work, but
shall restrict access to State Confidential Information to those agents, employees, assigns,
and Subcontractors who require access to perform their obligations under this Agreement.
Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign
agreements containing nondisclosure provisions at least as protective as those in this
Agreement, and that the nondisclosure provisions are in force at all times the agent,
employee, assign, or Subcontractors has access to any State Confidential Information.
Grantee shall provide copies of those signed nondisclosure provisions to the State upon
execution of the nondisclosure provisions if requested by the State.
E. Use, Security, and Retention. Grantee shall use, hold, and maintain State Confidential
Information in compliance with any and all applicable laws and regulations only in
facilities located within the United States, and shall maintain a secure environment that
ensures confidentiality of all State Confidential Information. Grantee shall provide the
State with access, subject to Grantee's reasonable security requirements, for purposes of
inspecting and monitoring access and use of State Confidential Information and evaluating
security control effectiveness. Upon the expiration or termination of this Agreement,
Grantee shall return State Records provided to Grantee or destroy such State Records and
certify to the State that it has done so, as directed by the State. If Grantee is prevented by
law or regulation from returning or destroying State Confidential Information, Grantee
warrants it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
F. Incident Notice and Remediation. If Grantee becomes aware of any Incident, it shall notify
the State immediately and cooperate with the State regarding recovery, remediation, and
the necessity to involve law enforcement, as determined by the State. Unless Grantee can
establish none of Grantee or any of its agents, employees,assigns or Subcontractors are the
cause or source of the Incident, Grantee shall be responsible for the cost of notifying each
person who may have been impacted by the Incident.After an Incident, Grantee shall take
steps to reduce the risk of incurring a similar type of Incident in the future as directed by
the State, which may include, but is not limited to, developing and implementing a
remediation plan that is approved by the State at no additional cost to the State. The State
may adjust or direct modifications to this plan,in its sole discretion and Grantee shall make
all modifications as directed by the State. If Grantee cannot produce its analysis and plan
within the allotted time, the State, in its sole discretion, may perform such analysis and
produce a remediation plan, and Grantee shall reimburse the State for the reasonable actual
costs thereof.
G. Data Protection and Handling. Grantee shall ensure that all State Records and Work
Product in the possession of Grantee or any Subcontractors are protected and handled in
accordance with the requirements of this Agreement at all times. Upon request by the State
made any time prior to 60 days following the termination of this Agreement for any reason,
whether or not this Agreement is expiring or terminating, Grantee shall make available to
the State a complete and secure download file of all data that is encrypted and appropriately
authenticated. This download file shall be made available to the State within 10 Business
Days following the State's request, and shall contain, without limitation, all State Records,
Work Product, and any other information belonging to the State. Upon the termination of
Grantee's services under this Agreement, Grantee shall, as directed by the State, return all
State Records provided by the State to Grantee, and the copies thereof, to the State or
destroy all such State Records and certify to the State that it has done so.If legal obligations
imposed upon Grantee prevent Grantee from returning or destroying all or part of the State
Records provided by the State, Grantee shall guarantee the confidentiality of all State
Records in Grantee's possession and will not actively process such data. The State retains
the right to use the established operational services to access and retrieve State Records
stored on Grantee's infrastructure at its sole discretion and at any time.
H. Compliance. If applicable, Grantee shall review, on a semi-annual basis, all OIS policies
and procedures which OIS has promulgated pursuant to CRS §§ 24-37.5-401 through 406
and 8 CCR § 1501-5 and posted at http://oit.state.co.us/ois,to ensure compliance with the
standards and guidelines published therein. Grantee shall cooperate, and shall cause its
Subcontractors to cooperate, with the performance of security audit and penetration tests
by OIS or its designee.
I. Safeguarding PII. If Grantee or any of its Subcontractors will or may receive PII under this
Agreement, Grantee shall provide for the security of such PII, in a manner and form
acceptable to the State,including,without limitation,all State requirements relating to non-
disclosure,use of appropriate technology, security practices,computer access security,data
access security,data storage encryption,data transmission encryption, security inspections,
and audits. Grantee shall take full responsibility for the security of all PII in its possession
or in the possession of its Subcontractors,and shall hold the State harmless for any damages
or liabilities resulting from the unauthorized disclosure or loss thereof. Grantee shall be a
"Third-Party Service Provider" as defined in CRS §24-73-103(1)(i) and shall maintain
security procedures and practices consistent with CRS §§24-73-101 et seq. In addition, as
set forth in §24-74-102, et seq., C.R.S., Grantee, including, but not limited to, Grantee's
employees, agents and subcontractors, agrees not to share any PII with any third parties for
the purpose of investigating for,participating in,cooperating with,or assisting with Federal
immigration enforcement. If Grantee is given direct access to any State databased
containing PII, Grantee shall execute, on behalf of itself and its employees, the
Certification PII Individual Certification Form or PII l:in!ty Certification I'onu on an
annual basis and Grantee's duty shall continue as long as Grantee has direct access to any
State databases containing PII. If Grantee uses any subcontractors to perform services
requiring direct access to State databases containing PII, the Grantee shall require such
subcontractors to execute and deliver the certification to the State on an annual basis, so
long as the subcontractor has access to State databases containing PII.
J. Software Piracy Prohibition. The State or other public funds payable under this Agreement
shall not be used for the acquisition, operation, or maintenance of computer software in
violation of federal copyright laws or applicable licensing restrictions. Grantee hereby
certifies and warrants that, during the term of this Agreement and any extensions, Grantee
has and shall maintain in place appropriate systems and controls to prevent such improper
use of public funds. If the State determines that Grantee is in violation of this provision,
the State may exercise any remedy available at law or in equity or under this Agreement,
including, without limitation, immediate termination of this Agreement and any remedy
consistent with federal copyright laws or applicable licensing restriction
K. Information Technology. To the extent that Grantee provides physical or logical storage of
State Records; Grantee creates, uses, processes, discloses, transmits, or disposes of State
Records; or Grantee is otherwise given physical or logical access to State Records in order
to perform Grantee's obligations under this Agreement, the following terms shall apply.
Grantee shall, and shall cause its Subcontractors, to: Provide physical and logical
protection for all hardware, software, applications, and data that meets or exceeds industry
standards and the requirements of this Agreement; Maintain network, system, and
application security, which includes, but is not limited to, network firewalls, intrusion
detection (host and network), annual security testing, and improvements or enhancements
consistent with evolving industry standards; Comply with State and federal rules and
regulations related to overall security, privacy, confidentiality, integrity, availability, and
auditing; Provide that security is not compromised by unauthorized access to workspaces,
computers, networks, software, databases, or other physical or electronic environments;
Promptly report all Incidents, including Incidents that do not result in unauthorized
disclosure or loss of data integrity, to a designated representative of the OIS; Comply with
all rules,policies,procedures,and standards issued by the Governor's Office of Information
Technology (OIT), including project lifecycle methodology and governance, technical
standards, documentation, and other requirements posted at OI I Policies webpage.
Grantee shall not allow remote access to State Records from outside the United States,
including access by Grantee's employees or agents, without the prior express written
consent of OIS. Grantee shall communicate any request regarding non-U.S. access to State
Records to the State. The State, acting by and through OIS, shall have sole discretion to
grant or deny any such request.
Addendum 2: Grant Federal Provisions
If any part of this PO has been funded, in whole or in part, with federal funds, then following
provisions shall also apply to this PO.
A. Applicability of Provisions.
i. The Grant to which these Federal Provisions are attached has been funded, in whole
or in part, with an Award of Federal funds. In the event of a conflict between the
provisions of these Federal Provisions, the Special Provisions, the body of the
Grant, or any attachments or exhibits incorporated into and made a part of the
Grant, the provisions of these Federal Provisions shall control.
These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions, as
may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institutions of higher education.
1. Definitions.
1. For the purposes of these Federal Provisions, the following terms shall have the
meanings ascribed to them below. For a full list of definitions (as of October 1,
2024) under the Uniform Guidance, see 2 CFR 200.1.
i. "Award" means an award of Federal financial assistance, and the Grant
setting forth the terms and conditions of that financial assistance,that a non-
Federal Entity receives or administers.
ii. "Entity" means:
1. a non-federal entity;
2. a non-profit organization or for-profit organization;
iii. "Executive" means an officer, managing partner or any other employee in a
management position.
iv. "Federal Awarding Agency" means a Federal agency providing a Federal
Award to a Recipient as described in 2 CFR 200.1
v. "Grant" means the Grant to which these Federal Provisions are attached.
vi. "Grantee" means the party or parties identified as such in the Grant to which
these Federal provisions are attached. Grantee also means Subrecipient.
vii. "Non-Federal Entity" means a State, local government, Indian tribe,
institution of higher education, or nonprofit organization that carries out a
Federal Award as a Recipient or a Subrecipient.
viii. "Nonprofit Organization" organization, that:
1. Is operated primarily for scientific, educational, service, charitable,
or similar purposes in the public interest;
2. Is not organized primarily for profit; and
3. Uses net proceeds to maintain, improve, or expand the
organization's operations; and
4. Is not anIHE.
ix. "OMB"means the Executive Office of the President,Office of Management
and Budget.
x. "Pass-through Entity" means a recipient or subrecipient that provides a
Subaward to a Subrecipient(including lower tier subrecipients)to carry out
part of a Federal program. The authority of the pass-through entity under
this part flows through the Subaward agreements between the pass-through
entity and subrecipient.
xi. "Recipient" means the Colorado State agency or institution of higher
education identified as the Grantor in the Grant to which these Federal
Provisions are attached.
xii. "Subaward" means an award provided by a pass-through entity to a
Subrecipient to contribute to the goals and objectives of the project by
carrying out part of a Federal award received by the pass-through entity.
The term does not include payments to a contractor, beneficiary or
participant.
xiii. "Subrecipient" means an entity that receives a subaward from a pass-
through entity to carry out part of a Federal award. The term subrecipient
does not include a beneficiary or participant. A subrecipient may also be a
recipient of other Federal awards directly from a Federal agency.
Subrecipient also means Grantee.
xiv. "System for Award Management(SAM)" means the Federal repository into
which an Entity must enter the information required under the Transparency
Act, which may be found at the Sam.uo website.
xv. "Total Compensation" means the cash and noncash dollar value an
Executive earns during the entity's preceding fiscal year. This includes all
items of compensation as prescribed in 17 CFR 229.402(c)(2).
xvi. "Transparency Act" means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of
Public Law 110-252.
xvii. "Unique Entity ID" (UEI) is the universal identifier for federal financial
assistance applicants, as well as recipients and their direct subrecipients
(first tier subrecipients).
xviii. "Uniform Guidance"means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards. The terms and conditions of the Uniform Guidance flow
down to Awards to Subrecipients unless the Uniform Guidance or the terms
and conditions of the Federal Award specifically indicate otherwise.
2. Compliance.
1. Subrecipient shall comply with all applicable provisions of the Transparency Act
and the regulations issued pursuant thereto,all applicable provisions of the Uniform
Guidance, and all applicable Federal Laws and regulations required by this Federal
Award.Any revisions to such provisions or regulations shall automatically become
a part of these Federal Provisions, without the necessity of either party executing
any further instrument.The State of Colorado,at its discretion,may provide written
notification to Subrecipient of such revisions, but such notice shall not be a
condition precedent to the effectiveness of such revisions.
3. System for Award Management(SAM) and Unique Entity ID Requirements.
1. SAM. Subrecipient must obtain a UEI but are not required to fully register in
Sam.gov. Subrecipient shall maintain the currency of its information in SAM until
the Subrecipient submits the final financial report required under the Award or
receives final payment, whichever is later. Subrecipient shall review and update
SAM information at least annually after the initial registration,and more frequently
if required by changes in its information.
2. Unique Entity ID. Subrecipient shall provide its Unique Entity ID to its Recipient,
and shall update Subrecipient's information at 11ttp:/ ww‘v_ ain.gov at least annually
after the initial registration, and more frequently if required by changes in
Subrecipient's information.
4. Total Compensation.
1. Subrecipient shall include Total Compensation in SAM for each of its five most
highly compensated Executives for the preceding fiscal year if:
2. The total Federal funding authorized to date under the Award is $30,000 or more;
and
3. In the preceding fiscal year, Subrecipient received:
i. 80% or more of its annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
ii. $25,000,000 or more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
iii. The public does not have access to information about the compensation of
such Executives through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934(15 U.S.C. 78m(a),78o(d)or§ 6104
of the Internal Revenue Code of 1986.
5. Reporting.
1. Pursuant to the Transparency Act, Subrecipient shall report data elements to SAM
and to the Recipient as required in this Exhibit. No direct payment shall be made to
Subrecipient for providing any reports required under these Federal Provisions and
the cost of producing such reports shall be included in the Grant price.The reporting
requirements in this Exhibit are based on guidance from the OMB, and as such are
subject to change at any time by OMB. Any such changes shall be automatically
incorporated into this Grant and shall become part of Subrecipient's obligations
under this Grant.
6. Effective Date and Dollar Threshold for Reporting.
1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if
the initial award is $30,000 or more. If the initial Award is below $30,000 but
subsequent Award modifications result in a total Award of $30,000 or more, the
Award is subject to the reporting requirements as of the date the Award exceeds
$30,000. If the initial Award is $30,000 or more, but funding is subsequently de-
obligated such that the total award amount falls below $30,000, the Award shall
continue to be subject to the reporting requirements.
2. The procurement standards in §9 below are applicable to new Awards made by
Recipient as of December 26, 2015. The standards set forth in §11 below are
applicable to audits of fiscal years beginning on or after December 26, 2014.
7. Subrecipient Reporting Requirements.
1. Subrecipient shall report as set forth below.
i. To Recipient. A Subrecipient shall report the following data elements in
SAM for each Federal Award Identification Number (FAIN) assigned by a
Federal agency to a Recipient no later than the end of the month following
the month in which the Subaward was made:
1. Subrecipient Unique Entity ID;
2. Subrecipient Unique Entity ID if more than one electronic fund
transfer (EFT) account;
3. Subrecipient parent's organization Unique Entity ID;
4. Subrecipient's address, including: Street Address, City, State,
Country, Zip+4, and Congressional District;
5. Subrecipient's top 5 most highly compensated Executives if the
criteria in §4 above are met; and Subrecipient's Total Compensation
of top 5 most highly compensated Executives if the criteria in §4
above met.
6. Primary Place of Performance Information, including: Street
Address, City, State, Country, Zip Code +4, and Congressional
District.
ii. The Recipient is required to submit this information to the Federal Funding
Accountability and Transparency Act Subaward Reporting System (FSRS).
8. Procurement Standards.
1. Procurement Procedures.A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable
regulations, provided that the procurements conform to applicable Federal law and
the standards identified in the Uniform Guidance, including without limitation, 2
CFR 200.318 through 200.327 thereof.
2. Domestic preference for procurements (2 CFR.200.322).As appropriate and to the
extent consistent with law, the non-Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States
(including but not limited to iron,aluminum, steel,cement,and other manufactured
products). The requirements of this section must be included in all subawards
including all contracts and purchase orders for work or products under this award.
3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an
agency of a political subdivision of the State, its contractors must comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection
Agency(EPA) at 40 CFR part 247,that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded$10,000; procuring
solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
4. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing "Never contract with the
enemy" in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered
contracts, grants and cooperative agreements that are expected to exceed $50,000
during the period of performance, are performed outside the United States and its
territories, and are in support of a contingency operation in which members of the
Armed Forces are actively engaged in hostilities.
5. Prohibition on certain telecommunications and video surveillance equipment or
services (2 CFR 200.216). Subrecipient is prohibited from obligating or expending
loan or grant funds on certain telecommunications and video surveillance services
or equipment pursuant to 2 CFR 200.216.
9. Access to Records.
1. A Subrecipient shall permit Recipient and its auditors to have access to
Subrecipient's records and financial statements as necessary for Recipient to meet
the requirements of 2 CFR 200.332 (Requirements for pass-through entities), 2
CFR 200.300 (Statutory and national policy requirements)through 2 CFR 200.309
(Modification to period of performance), 2 CFR 200.337 (Access to Records) and
Subpart F-Audit Requirements of the Uniform Guidance.
2. A Subrecipient must collect, transmit, and store information related to this
Subaward in open and machine-readable formats (2 CFR 200.336).
10. Single Audit Requirements.
1. If a Subrecipient expends $1,000,000 or more in Federal Awards during the
Subrecipient's fiscal year, the Subrecipient shall procure or arrange for a single or
program-specific audit conducted for that year in accordance with the provisions of
Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the
Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
i. Election.A Subrecipient shall have a single audit conducted in accordance
with Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it
elects to have a program-specific audit conducted in accordance with 2 CFR
200.507 (Program-specific audits). The Subrecipient may elect to have a
program-specific audit if Subrecipient expends Federal Awards under only
one Federal program(excluding research and development)and the Federal
program's statutes, regulations, or the terms and conditions of the Federal
award do not require a financial statement audit of Recipient. A program-
specific audit may not be elected for research and development unless all of
the Federal Awards expended were received from Recipient and Recipient
approves in advance a program-specific audit.
ii. Exemption. If a Subrecipient expends less than $1,000,000 in Federal
Awards during its fiscal year,the Subrecipient shall be exempt from Federal
audit requirements for that year,except as noted in 2 CFR 200.503 (Relation
to other audit requirements), but records shall be available for review or
audit by appropriate officials of the Federal agency, the State, and the
Government Accountability Office.
iii. Subrecipient Compliance Responsibility. A Subrecipient shall procure or
otherwise arrange for the audit required by Subpart F of the Uniform
Guidance and ensure it is properly performed and submitted when due in
accordance with the Uniform Guidance. Subrecipient shall prepare
appropriate financial statements, including the schedule of expenditures of
Federal awards in accordance with 2 CFR 200.510 (Financial statements)
and provide the auditor with access to personnel, accounts, books, records,
supporting documentation, and other information as needed for the auditor
to perform the audit required by Uniform Guidance Subpart F-Audit
Requirements.
11. Required Provisions for Subrecipient with Subcontractors.
1. In addition to other provisions required by the Federal Awarding Agency or the
Recipient, Subrecipients shall include all of the following applicable provisions;
i. For agreements with Subrecipients - Include the terms in the Grant Federal
Provisions Exhibit(this exhibit)
ii. For contracts with Subcontractors - Include the terms in the Contract
Federal Provisions Exhibit.
12. Certifications.
1. Unless prohibited by Federal statutes or regulations, Recipient may require
Subrecipient to submit certifications and representations required by Federal
statutes or regulations on an annual basis. 2 CFR 200.415. Submission may be
required more frequently if Subrecipient fails to meet a requirement of the Federal
award. Subrecipient shall certify in writing to the State at the end of the Award that
the project or activity was completed or the level of effort was expended. If the
required level of activity or effort was not carried out, the amount of the Award
must be adjusted.
13. Exemptions.
1. These Federal Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may
own or operate in his or her name.
2. A Subrecipient with gross income from all sources of less than $300,000 in the
previous tax year is exempt from the requirements to report Subawards and the
Total Compensation of its most highly compensated Executives.
14. Event of Default and Termination.
1. Failure to comply with these Federal Provisions shall constitute an event of default
under the Grant and the State of Colorado may terminate the Grant upon 30 days
prior written notice if the default remains uncured five calendar days following the
termination of the 30-day notice period.This remedy will be in addition to any other
remedy available to the State of Colorado under the Grant, at law or in equity.
i. Termination (2 CFR 200.340). The Federal Award may be terminated in
whole or in part as follows:
1. By the Federal Awarding Agency or Pass-through Entity, if a Non-
Federal Entity fails to comply with the terms and conditions of a
Federal Award;
2. By the Federal awarding agency or Pass-through Entity with the
consent of the Non-Federal Entity, in which case the two parties
must agree upon the termination conditions, including the effective
date and, in the case of partial termination, the portion to be
terminated;
3. By the Non-Federal Entity upon sending to the Federal Awarding
Agency or Pass-through Entity written notification setting forth the
reasons for such termination, the effective date, and, in the case of
partial termination, the portion to be terminated. However, if the
Federal Awarding Agency or Pass-through Entity determines in the
case of partial termination that the reduced or modified portion of
the Federal Award or Subaward will not accomplish the purposes for
which the Federal Award was made, the Federal Awarding Agency
or Pass-through Entity may terminate the Federal Award in its
entirety; or
4. By the Federal Awarding Agency or Pass-through Entity pursuant to
termination provisions included in the Federal Award
15. Additional Federal Requirements.
1. Whistle Blower Protections
i. An employee of a subrecipient must not be discharged, demoted, or
otherwise discriminated against as a reprisal for disclosing to a person or
body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the
employee reasonably believes is evidence of gross mismanagement of a
Federal contract or grant, a gross waste of Federal funds, an abuse of
authority relating to a Federal contract or grant, a substantial and specific
danger to public health or safety, or a violation of law, rule, or regulation
related to a Federal contract(including the competition for or negotiation of
a contract) or grant. The subrecipient must inform their employees in
writing of employee whistleblower rights and protections under 41 U.S.C.
4712. See statutory requirements for whistleblower protections at 10 U.S.C.
4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and 10 U.S.C. 4310.
Contract Form
Entity Information
Entity Name* Entity ID* New Entity? Please use the job
COLORADO DEPARTMENT OF SUP-341 3 aid linked here to add a
TRANSPORTATION (J supplier in Workday.
Contract Name* Contract ID Parent Contract ID
2026 CIOT GRANT AWARD 1 0474
Requires Board Approval
Contract Status Contract Lead* YES
CTB REVIEW TMATTHEWS
Department Project #
Contract Lead Email
tmatthews@weld.gov
Contract Description*
WCSO AWARDED $2,250 FOR THE FFY26 CLICK IT OR TICKET (CIOT) GRANT WHICH ALLOWS DEPUTIES TO
PARTICIPATE IN THE TRAFFIC SAFETY ENFORCEMENT PLAN. GRANT FUNDING OFFSETS OVERTIME EXPENSES THAT
DEPUTIES OCCUR WHEN DEPLOYED FOR CIOT.
Contract Description 2
STATE OF COLORADO PURCHASE ORDER #41 1 0441 90
Contract Type* Department Requested BOCC Agenda Due Date
GRANT SHERIFF Date* 03/1 9/2026
03/23/2026
Amount* Department Email
$2,250.00 CM-Sheriff@weld.gov Will a work session with BOCC be required?*
NO
Renewable* Department Head Email
NO CM-Sheriff- Does Contract require Purchasing Dept. to be
DeptHead@weld.gov included?*
Automatic Renewal
NO
County Attorney
Grant GENERAL COUNTY
IGA ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date* Renewal Date
01 /04/2027
Termination Notice Period Expiration Date*
Committed Delivery Date 09/30/2026
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
DONNIE PATCH CHRIS D'OVIDIO BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
03/16/2026 03/17/2026 03/17/2026
Final Approval
BOCC Approved Doc ID#
AG 032326
BOCC Signed Date
Originator
BOCC Agenda Date TMATTHEWS
03/23/2026
Hello