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Home My WebLink About20241942.tiffSTATE OF COLORADO + Department of Public Health & Environment Number: Date: 3/24/21 Description: WELD - IMM #3 PO,FHJA,202100010318 Effective Date: 03/24/21 Ex it ti n Date• 06/30/24 Buyer: Page 1 of 1 The order number and line number must appear on all invoices, packing slips, cartons, and correspondence. OEPR-COVID, A-2 4300 Cherry Creek Drive South Denver, CO 80246 OEPR-COVID, A-2 Email: 4300 Cherry Creek Drive South Denver, CO 80246 WELD COUNTY Public Health and Environment 1555 N 17TH AVE GREELEY, CO 80631 Contact: Terri McDaniel Phone: 970-336-7240 V SHIPPING INS I RU(l1ON:S Delivery/Install Date: FOB: FOB Dest, Freight Prepaid This purchase order shall not exceed $786,464 and the total award is IMM #3 COVID Vaccine PO. This purchase order contains federal funds the incorporated federal provisions apply to this purchase. > iineltem r Commodiity/item Code UOM QTY Unit Cost Total Cost MSDS Req. G1000 0 0.00 $786,464.00 O Description: WELD - IMM #3 Service From: 03/24/21 Service To: 06/30/24 https://www.colorado.gov/osc/purchase-order-terms-conditions DOCUMENT TOTAL = S786.464.00 2024-1942 CiAywrior-1 ccA.--t--;onS JaaJa4 HLCe,F) F=/ACTCCP I c,O) 01/1 41/&,1 I-IL005 7 &c©059 Federal Provisions - CDC-RFA-IP19-1901 Immunization and Vaccines for Children For the purposes of this Exhibit only, Contractor is also identified as "Subrecipient." This Contract 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 Supplemental Provisions for Federal Awards, the Special Provisions, the Contract or any attachments or exhibits incorporated into and made a part of the Contract, the Supplemental Provisions for Federal Awards shall control. In the event of a conflict between the Supplemental Provisions for Federal Awards and the FFATA Supplemental Provisions (if any), the FFATA Supplemental Provisions shall control. 1) Federal Award Identification. a. Subrecipient: Weld County Dept of Public Health & Environment b. Subrecipient DUNS number: 75757955 c. The Federal Award Identification Number (FAIN) is NH23IP922600. d. The Federal award date is 01/15/2021. e. The subaward period of performance start date is 07/01/2019 and end date is 06/30/2024. f. Federal Funds: Federal Budget Period Total Amount of Federal Funds Awarded Amount of Federal Funds Obligated to CDPHE 7/1/2020 - 6/30/2021 $786,464.00 $52,035,091.00 g. Federal award title of project or program: Immunization and Vaccines for Children. h. The name of the Federal awarding agency is: Department of Health and Human Services Centers for Disease Control and Prevention and the contact information for the awarding official is Wayne Woods kuvl@cdc.gov 770-488-2948; the name of the pass -through entity is the State of Colorado, Department of Public Health and Environment (CDPHE), and the contact information for the CDPHE official is Ms. Joy Moore Interim Chief Financial Officer joy.moore@state.co.us 303-692-2966. i. The Catalog of Federal Domestic Assistance (CFDA) number is 93.268 and the grant name is Immunization and Vaccines for Children. j. This award is not for research & development. k. Subrecipient is not required to provide matching funds. In the event the Subrecipient is required to provide matching funds, Section 8 of this Attachment applies. 1. The indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200.414 Indirect (F&A) costs) is pre -determined based upon the State of Colorado and CDPHE cost allocation plan. 2) Subrecipient shall at all times during the term of this contract strictly adhere to the requirements under the Federal Award listed above, and all applicable federal laws, Executive Orders, and implementing regulations as they currently exist and may hereafter be amended. Page I of 5 Ver. 23.03.20 3) Any additional requirements that CDPHE imposes on Subrecipient in order for CDPHE to meet its own responsibility to the Federal awarding agency, including identification of any required financial and performance reports, are stated in the Exhibits. 4) Subrecipient's approved indirect cost rate is as stated in the Exhibits. 5) Subrecipient must permit CDPHE and auditors to have access to Subrecipient's records and financial statements as necessary for CDPHE to meet the requirements of 2 CFR §200.331 Requirements for pass - through entities, §§ 200.300 Statutory and National Policy Requirements through §200.309 Period of performance, and Subpart F —Audit Requirements of this Part. 6) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 16 of this Attachment. 7) Performance and Final Status. Subrecipient shall submit all financial, performance, and other reports to CDPHE no later than 45 calendar days after the period of performance end date or sooner termination of this Contract containing an evaluation and review of Subrecipient's performance and the final status of Subrecipient's obligations hereunder. 8) Matching Funds. Subrecipient shall provide matching funds as stated in the Exhibits. Subrecipient shall have raised the full amount of matching funds prior to the Effective Date and shall report to CDPHE regarding the status of such funds upon request. Subrecipient's obligation to pay all or any part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Contract by the authorized representatives of the Subrecipient and paid into the Subrecipient's treasury or bank account. Subrecipient represents to CDPHE that the amount designated as matching funds has been legally appropriated for the purposes of this Contract by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by this Contract irrevocably pledge present cash reserves for payments in future fiscal years, and this Contract is not intended to create a multiple -fiscal year debt of the Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Subrecipient's laws or policies. 9) Record Retention Period. The record retention period previously stated in this Contract is replaced with the record retention period prescribed in 2 CFR §200.333. 10) Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during Subrecipient's fiscal year, 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. 11) Contract Provisions. Subrecipient shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Contract: a. Office of Management and Budget Circulars and The Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, as applicable; b. when required by Federal program legislation, the "Davis -Bacon Act", as amended (40 U.S.C. 3141-3148) as supplemented by Department of Labor Regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"); c. when required by Federal program legislation, the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building of Public Work Financed in Whole or in Part by Loans or Grants from the United States"). Page 1 of 5 Ver. 23.03,20 d. 42 U.S.C. 6101 et sue, 42 U.S.C. 2000d, 29 U.S.C. 794 (regarding discrimination); e. the "Americans with Disabilities Act" (Public Law 101-336; 42 U.S.C. 12101, 12102, 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213 and 47 U.S.C. 225 and 47 U.S.C. 611); f. when applicable, the Contractor shall comply with the provisions of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (Common Rule); g. The Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6062 of Public Law 110-252, including without limitation all data reporting requirements required there under. This Act is also referred to as FFATA. h. Contractor shall comply with the provisions of Section 601 of Title VI of the Civil Rights Act of 1964, as amended. i. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity: (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. j. where applicable, Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). k. if the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into an agreement with a small business firm or nonprofit organization, comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 1. the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. if applicable, comply with the mandatory standards and policies on energy efficiency contained within the State of Colorado's energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. 6201. the Contractor and all principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; the Contractor and all principals shall comply with all applicable regulations pursuant to Executive Order 12549 (3 CFR Part 1986 Comp., p. 189) and Executive Order 12689 (3 CFR Part 1989 Comp., p. 235), Debarment and Suspension; and, o. the Contractor shall comply where applicable, the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). 12) Compliance. Subrecipient shall comply with all applicable provisions of The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), including but not limited to these Supplemental Provisions for Federal Awards. Any revisions to such provisions automatically shall become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. CDPHE may provide Page 1 of 5 Va. 23.03.20 written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 13) Procurement Procedures. Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof. 14) Certifications. Unless prohibited by Federal statutes or regulations, CDPHE may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis (2 CFR §200.208). Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to CDPHE at the end of the Contract that the project or activity was completed or the level of effort was expended. 2 CFR §200.201(b)(3). If the required level of activity or effort was not carried out, the amount of the Contract must be adjusted. 15) Event of Default. Failure to comply with the Uniform Guidance or these Supplemental Provisions for Federal Awards shall constitute an event of default under the Contract pursuant to 2 CFR §200.339 and CDPHE may terminate the Contract in accordance with the provisions in the Contract. 16) Close- Out. Subrecipient shall close out this Contract within 45 days after the End Date. Contract close out entails submission to CDPHE by Subrecipient of all documentation defined as a deliverable in this Contract, and Subrecipient's final reimbursement request. If the project has not been closed by the Federal awarding agency within 1 year and 45 days after the End Date due to Subrecipient's failure to submit required documentation that CDPHE has requested from Subrecipient, then Subrecipient may be prohibited from applying for new Federal awards through the State until such documentation has been submitted and accepted. 17) Erroneous Payments. The closeout of a Federal award does not affect the right of the Federal awarding agency or CDPHE to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the record retention period. EXHIBIT END Page 1 of 5 Ver. 23.03.20 STATE OF COLORADO Department of Public Health & Environment Number: Date: 12/21/22 Description: WELD - IMM #3 PO,FHJA,202100010318 Effective Date: 03/24/21 i o a : 06/30/24 Buyer: Page 1 of 2 IMP( RT-\N I ": The order number and line number must appear on all invoices, packing slips, cartons, and correspondence. 3II I. I O OEPR-COVID, A-2 4300 Cherry Creek Drive South Denver, CO 80246 OEPR-COVID, A-2 Email: 4300 Cherry Creek Drive South VNl)OR Denver, CO 80246 WELD COUNTY Public Health and Environment 1555 N 17TH AVE GREELEY, CO 80631 Contact: Phone: Terri McDaniel 970-336-7240 \'I.\l>OR INS F RI!( 11()N \ 1 1I)l l) 1)1.1(111I'I I(>\! ,IIII'PIN(i 11:IIC I IONS Delivery/Install Date: FOB: FOB Dest, Freight Prepaid This purchase order shall not exceed $786,464 and the total award is IMM #3 COVID Vaccine PO. This purchase order contains federal funds the incorporated federal provisions apply to this purchase. :Co'Anil odityMem Code`' L UOM QTY t3iilfo Total Cost MSDS Req. G1000 0 0.00 $786,464.00 O Description: WELD - IMM #3 Attachment A prior approval request for equipment. Weld purchased two pharmaceutical grade vaccine storage units $14,893.00 Service From: 03/24/21 Service To: 06/30/24 https://www.colorado.gov/osc/purchase-order-terms-conditions IMMEIMMEIRMEM Change Order Number: 2 STATE OF COLORADO r Department of Public Health & Environment Page 2 of 2 Modification adding Attachment A to the existing agreement. Attachment A prior approval request for equipment. Weld purchased two pharmaceutical grade vaccine storage units $14,893.00 DOCUMENT TOTAL = $786.464.00 Federal Provisions - CDC-RFA-IP19-1901 Immunization and Vaccines for Children For the purposes of this Exhibit only, Contractor is also identified as "Subrecipient." This Contract 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 Supplemental Provisions for Federal Awards, the Special Provisions, the Contract or any attachments or exhibits incorporated into and made a part of the Contract, the Supplemental Provisions for Federal Awards shall control. In the event of a conflict between the Supplemental Provisions for Federal Awards and the FFATA Supplemental Provisions (if any), the FFATA Supplemental Provisions shall control. 1) Federal Award Identification. a. Subrecipient: Weld County Dept of Public Health & Environment b. Subrecipient DUNS number: 75757955 c. The Federal Award Identification Number (FAIN) is NH23IP922600. d. The Federal award date is 01/15/2021. e. The subaward period of performance start date is 07/01/2019 and end date is 06/30/2024. f. Federal Funds: Federal Budget Period Total Amount of Federal Funds Awarded Amount of Federal Funds Obligated to CDPHE 7/1/2020 - 6/30/2021 $786,464.00 $52,035,091.00 g. Federal award title of project or program: Immunization and Vaccines for Children. h. The name of the Federal awarding agency is: Department of Health and Human Services Centers for Disease Control and Prevention and the contact information for the awarding official is Wayne Woods kuv l (a,edc.gov 770-488-2948; the name of the pass -through entity is the State of Colorado, Department of Public Health and Environment (CDPHE), and the contact information for the CDPHE official is Ms. Joy Moore Interim Chief Financial Officer joy.moore@state.co.us 303-692-2966. i. The Catalog of Federal Domestic Assistance (CFDA) number is 93.268 and the grant name is Immunization and Vaccines for Children. j. This award is not for research & development. k. Subrecipient is not required to provide matching funds. In the event the Subrecipient is required to provide matching funds, Section 8 of this Attachment applies. 1. The indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200.414 Indirect (F&A) costs) is pre -determined based upon the State of Colorado and CDPHE cost allocation plan. 2) Subrecipient shall at all times during the term of this contract strictly adhere to the requirements under the Federal Award listed above, and all applicable federal laws, Executive Orders, and implementing regulations as they currently exist and may hereafter be amended. Page l of 5 Ver. 23.03.20 3) Any additional requirements that CDPHE imposes on Subrecipient in order for CDPHE to meet its own responsibility to the Federal awarding agency, including identification of any required financial and performance reports, are stated in the Exhibits. 4) Subrecipient's approved indirect cost rate is as stated in the Exhibits. 5) Subrecipient must permit CDPHE and auditors to have access to Subrecipient's records and financial statements as necessary for CDPHE to meet the requirements of 2 CFR §200.331 Requirements for pass - through entities, §§ 200.300 Statutory and National Policy Requirements through §200.309 Period of performance, and Subpart F -Audit Requirements of this Part. 6) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 16 of this Attachment. 7) Performance and Final Status. Subrecipient shall submit all financial, performance, and other reports to CDPHE no later than 45 calendar days after the period of performance end date or sooner termination of this Contract containing an evaluation and review of Subrecipient's performance and the final status of Subrecipient's obligations hereunder. 8) Matching Funds. Subrecipient shall provide matching funds as stated in the Exhibits. Subrecipient shall have raised the full amount of matching funds prior to the Effective Date and shall report to CDPHE regarding the status of such funds upon request. Subrecipient's obligation to pay all or any part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Contract by the authorized representatives of the Subrecipient and paid into the Subrecipient's treasury or bank account. Subrecipient represents to CDPHE that the amount designated as matching funds has been legally appropriated for the purposes of this Contract by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by this Contract irrevocably pledge present cash reserves for payments in future fiscal years, and this Contract is not intended to create a multiple -fiscal year debt of the Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Subrecipient's laws or policies. 9) Record Retention Period. The record retention period previously stated in this Contract is replaced with the record retention period prescribed in 2 CFR §200.333. 10) Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during Subrecipient's fiscal year, 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. 11) Contract Provisions. Subrecipient shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Contract: a. Office of Management and Budget Circulars and The Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, as applicable; b. when required by Federal program legislation, the "Davis -Bacon Act", as amended (40 U.S.C. 3141-3148) as supplemented by Department of Labor Regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"); c. when required by Federal program legislation, the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building of Public Work Financed in Whole or in Part by Loans or Grants from the United States"). Page I of 5 Ver. 23.03.20 d. 42 U.S.C. 6101 et sue, 42 U.S.C. 2000d, 29 U.S.C. 794 (regarding discrimination); e. the "Americans with Disabilities Act" (Public Law 101-336; 42 U.S.C. 12101, 12102, 12111 -12117,12131-12134,12141-12150,12161-12165,12181-12189,12201-12213 and 47 U.S.C. 225 and 47 U.S.C. 611); f. when applicable, the Contractor shall comply with the provisions of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (Common Rule); g. The Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6062 of Public Law 110-252, including without limitation all data reporting requirements required there under. This Act is also referred to as FFATA. h. Contractor shall comply with the provisions of Section 601 of Title VI of the Civil Rights Act of 1964, as amended. i. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity: (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. j. where applicable, Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). k. if the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into an agreement with a small business firm or nonprofit organization, comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. I. the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. m. if applicable, comply with the mandatory standards and policies on energy efficiency contained within the State of Colorado's energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. 6201. n. the Contractor and all principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; the Contractor and all principals shall comply with all applicable regulations pursuant to Executive Order 12549 (3 CFR Part 1986 Comp., p. 189) and Executive Order 12689 (3 CFR Part 1989 Comp., p. 235), Debarment and Suspension; and, o. the Contractor shall comply where applicable, the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). 12) Compliance. Subrecipient shall comply with all applicable provisions of The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), including but not limited to these Supplemental Provisions for Federal Awards. Any revisions to such provisions automatically shall become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. CDPHE may provide Page 1 of 5 Vcr. 23.03 20 written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 13) Procurement Procedures. Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof 14) Certifications. Unless prohibited by Federal statutes or regulations, CDPHE may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis (2 CFR §200.208). Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to CDPHE at the end of the Contract that the project or activity was completed or the level of effort was expended. 2 CFR §200.201(b)(3). If the required level of activity or effort was not carried out, the amount of the Contract must be adjusted. 15) Event of Default. Failure to comply with the Uniform Guidance or these Supplemental Provisions for Federal Awards shall constitute an event of default under the Contract pursuant to 2 CFR §200.339 and CDPHE may terminate the Contract in accordance with the provisions in the Contract. 16) Close- Out. Subrecipient shall close out this Contract within 45 days after the End Date. Contract close out entails submission to CDPHE by Subrecipient of all documentation defined as a deliverable in this Contract, and Subrecipient's final reimbursement request. If the project has not been closed by the Federal awarding agency within 1 year and 45 days after the End Date due to Subrecipient's failure to submit required documentation that CDPHE has requested from Subrecipient, then Subrecipient may be prohibited from applying for new Federal awards through the State until such documentation has been submitted and accepted. 17) Erroneous Payments. The closeout of a Federal award does not affect the right of the Federal awarding agency or CDPHE to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the record retention period. EXHIBIT END Page 1 of 5 Ver. 23.03.20 STATE OF COLORADO r Department of Public Health & Environment Page 1 of 2 WI)! I: INIPuRT \N I' Number: PO,FHJA,202100010318 Date: 5/24/23 Description: WELD - IMM #3 Effective Date: 03/24/21 Ex ira on Da : 06/30/24 The order number and line number must appear on all invoices, packing slips, cartons, and correspondence. 3II I. IO OEPR-COVID, A-2 4300 Cherry Creek Drive South Denver, CO 80246 13I'11_I: 'HIP To) Buyer: Email: \"I NI)(110 WELD COUNTY Public Health and Environment 1555 N 17TH AVE GREELEY, CO 80631 Contact: Terri McDaniel Phone: 970-336-7240 'IFFOR INSTRI rlONR ILNIII:I) DI ;S( Rlf'"I ION' OEPR-COVID, A-2 4300 Cherry Creek Drive South Denver, CO 80246 HII'I'IN(; INS I RI'(`I IONS Delivery/Install Date: FOB: FOB Dest, Freight Prepaid This purchase order shall not exceed $786,464 and the total award is IMM #3 COVID Vaccine PO. This purchase order contains federal funds the incorporated federal provisions apply to this purchase. line Item Commodity/Item Code UOM QTY Unit Cost Total Cost MSDS Req. MEM G1000 0 0.00 $786,464.00 ❑ Description: WELD - IMM #3 Attachment A prior approval request for equipment. Weld purchased two pharmaceutical grade vaccine storage units $14,893.00 Service From: 03/24/21 Service To: 06/30/24 https://www.colorado.gov/osc/purchase-order-terms-conditions INEEMEEMINIMEREI Change Order Number: 3 STATE OF COLORADO r Department of Public Health & Environment Page 2 of 2 Modification is for adding Attachment A to the existing agreement. Weld is purchasing equipment that needs to be added with an Attachment A to their PO. The amount for this equipment is for a total of $12,300.00 They are vaccine storage units for their vaccine preparation room and for their off -site vaccine storage site used for emergency backup and storage surge events. Pharmaceutical grade refrigerators provide the best protection against temperature excursions outside the recommended range that can damage vaccines. DOCUMENT TOTAL = 5786.464.00 Attachment A Please enter the following information: Equipment Approval for Funding Source Please enter the funding source (e_g. ELC#2, iMM#4) IMM3 Subreciplent: Please enter agency name Weld County Dept of Public Health & Enviro Agreement number: Please enter the PO# 202100010318 Approval Date Date the Subrecepient is approved to purchase 3/8/2023 Total Cost of Purchase $12,300.00 The Subreciplent has requested the purchase/lease of the capital equipment documented in the attached quote with the following Justification: List justification: This relates to the equipment portion of our work plan. Specifically these vaccine storage units will help ensure that we have the needed/required storage for our immunization program, and provide the capacity and back units needed In order to be better prepared for emergencies and surge events. Weld needs additional units to store COVID vaccine for the CDPHE vans operating In our region; to support vaccine operation for Sunrise (FQHC); and to store COVID vaccine for local hospitals and other vaccine providers. Weld purchased two larger units last year to replace older refrigerators at the North and South clinic locations. This request is to purchase additional units for our vaccine preparation room, and one for our off -site vaccine storage site for emergency backup and storage surge events. These last two purchases will fully update our storage units, ensuring we have the total overall storage capacity we believe we need, and provide storage capacity in the areas where it is most needed for daily operations.. Upon review, the request has been determined to be: Allowable: Please Explain According to CDC Guidelines IMM Funds can be used to purchase any equipment needed to store vaccines Allocable: Please Explain Weld County hes only used 58% of IMM3 Funds ($331,720.00) and has not spent any IMM4 funds to date. There are ample funds available for this purchase. Reasonable: Please Explain Weld County received 4 bids for storage units. They will proceed with the 2nd lowest tad from LABRepCO. Previously purchased larger vaccine storage units from LABRepCO which work well. The Maintenance Vendor can support them and Weld County Staff understand how to operate the equipment Necessary: Please Explain Without these storage units, we may be in a poaidan in the future, where we are unable to support vaccine campaign responses from CDPHE or local partners. We have units that are at the end stage of their performance life and this Is the best available funding source for us right now. Print this document to PDF and sign the following: This request has been programmatically approved by: Marianne Koshak Digitally signed byMarianne Koshak Date: 2023.0308 09:30.31 -orotr I have determined that the request is reasonable and necessary for the execution of the subrecipient scope of work and aligns with sponsor guidance. Subrecipient Authorized Representative: Mike Freeman, Chair, Board of Weld County Commissioners MAY 1 0 2023 I have read, understand, and agree to abide by the requirements outlined in the equipment provision of the scope of work for tha above referenced equipment. ae a .6 —45.2- STATEMENT OF WORK These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above. Project Description: This project aims for Local Public Health Agencies (LPHA) to plan and provide direct services for COVID-19 vaccine. Local public health agencies will promote and provide COVED -19 immunization services throughout the State, according to established best practices and standards, and in alignment with the State of Colorado Off -Site Vaccination Clink Operational Playbook. II. Definitions: 1. ACIP: Advisory Committee on Immunization Practices 2. CDC: Centers for Disease Control and Prevention 3. CDPIIE: Colorado Department of Public Health and Environment 4. CIIS: Colorado Immunization Information System 5. Evidence -based: Conscientious use of current scientific evidence and clinical expertise. 6. Jurisdiction: Power or right of a legal or political agency to exercise its authority over a person, subject matter, or territory. 7. Quarters a. Quarter I: July I- September 30 b. Quarter 2: October 1 - December 31 c. Quarter 3: January 1 - March 31 d. Quarter 4: April 1 - June 30 S. Target Populations: The persons within jurisdiction who are prioritized to receive vaccine during each phase of vaccine distribution. 9. Throughput: Measurements related to vaccine administration, which includes amount of time per vaccine administration, number of vaccine doses administered, and number of patients served. V. Work Plan: I. Goal #1: Reduce vaccine -preventable diseases in Colorado by increasing or maintaining immunization coverage. Objective #l: No later than the expiration of the contract, the Contractor shall implement evidence -based strategies to provide COVID-19 immunizations in their jurisdiction. Primary Activity #1 The Contractor shall promote COVED -19 immunizations within their jurisdiction. Sub -Activities #1 1. The Contractor shall identify strategies to provide COVED -l9 vaccine within their jurisdiction. 2. The Contractor shall determine the need for allocation of doses of COVED -19 vaccine to serve the target populations during each phase of vaccine distribution. 3. The Contractor shall determine the need for redistribution of doses of COVED -19 vaccine to other enrolled COVED -19 vaccine providers to serve the target populations during each phase of vaccine distribution. 4. The Contractor shall work with community stakeholders to implement additional vaccination services to serve target populations during each phase of vaccine distribution. 5. The Contractor shall submit immunization data to CIIS for all COVED -19 immunizations administered by their agency no later than 72 hours following vaccine administration. Updated 07/20/2021 c20tiZs _ /3,Zly 6. The Contractor shall promote informed COVED -19 vaccine decision making by educating a minimum of one (I) of the following groups: a. Consumers b. Health care providers c. Staff who administer immunizations d. Policy makers 7. The Contractor shall address COVID-19 vaccine hesitancy by educating a minimum of one (1) of the following groups: a. Consumers b. Health care providers c. Staff who administer immunizations d. Policy makers 8. The Contractor shall promote COVED -I9 vaccine services availability by educating a minimum done (1) of the following groups: a. Consumers b. Health care providers c. Staff who administer immunizations d. Policy makers 9. The Contractor shall prepare a quarterly progress report. It. The Contractor shall expand COVED -I9 vaccine operations at their agency to increase throughput. I. The Contractor shall report the following throughput measurements on quarterly progress reports: a. Description of expanded operations b. Number of COVED -19 immunization clinics held during the quarter c. Number of COVED -19 vaccine doses administered during the quarter 12. The Contractor shall promote vaccinations to increase vaccine confidence in the following: a. Racial minority groups b. Ethnic minority groups c. Other minority groups, as identified by Contractor. 13. The Contractor shall report. on quarterly progress reports. the activities completed to increase vaccine confidence in racial and ethnic minority groups. 14. The Contractor shall increase vaccine accessibility for people with disabilities. 15. The Contractor shall report. on quarterly progress reports, the activities completed to increase vaccine accessibility for people with disabilities. 16. The Contractor shall participate in CDPHE led calls to receive up-to-date guidance on vaccines. Primary .hcivity #2 The Contractor shall prepare a 39 month budget. Sub-Acrivties #2 The Contractor shall revise the budget annually. Staadurdi: and Requi-ements 1. The content of electronic documents located on CDPHE and non-CDPHE websites and information contained on CDPHE and non-CDPHE websites may be updated periodically during the contract term. The Contractor shall monitor documents and website content for updates and comply with all updates. 2. The Contractor shall comply with the requirements for participation in the national COVED -I9 Vaccination Program as agreed to in the CDC Updated 0T'20/2021 COVID-I9 Vaccination Program Provider Agreement found within the online Cif Resource Center located on the following website, intps://www.ciisresourees,corn. The content of this website is incorporated and made part of this contract by reference. 3. The Contractor shall comply with the AClP recommendations for vaccine administration located on the following website, http://www.cdc.gov/vaccines/acip/index.htm(. The content of this website is incorporated and made part of this contract by reference. 4. The Contractor shall comply with the State of Colorado's COVID-19 vaccine distribution phases located on the following website, httos://covid 19.colorado.eov/for-coloradans/vaccine/fnd-out-when-voure-ell Bible-for-a-covid-l9-vaccine . The content of this website is incorporated and made part of this contract by reference. 5. CDPHE will provide programmatic technical assistance, upon request. 6. The Contractor shall complete an electronic quarterly progress report. CDPHE will provide reporting requirements. 7. The Contractor shall utilize recommendations from State of Colorado Off -Site Vaccination Clinic Operational Playbook located on the following website, bttps://docs.google.com/document/d/I3PXKz4OEAZKpm6gSWSpcHvbG71 gbs2RoaoYtOhYRecA/edit?usn--sharing. The content of this website is incorporated and made part of this contract by reference. 8. The Contractor shall refer clients to health care providers within their jurisdiction in instances that COVID-19 vaccine is not available at their agency. 9. The Contractor shall refer clients to health care providers outside of their jurisdiction in instances that COVID-19 vaccine is not available within their jurisdiction. 10. CDPHE will email the quarterly progress report form no later than 30 days before the completion date. 11. The Contractor shall comply with allowability of expenditures as listed in the CDPHE COVID-19 Immunization Allowability document located on the following website, https://sites.eooale.com/state.co.us/covid-19fiscalresoonse(immunization-v$ gcines-for-covid-19?aathuser-0. The content of this website is incorporated and made part of this contract by reference. 12. The Contractor shall use the CDPHE budget template for the COVID immunization project budget. CDPHE will provide the budget template no later than five (5) business days after contract execution. 13. If the Contractor is unable to attend the CDPHE led calls to receive up-to-date guidance on vaccines, the Contractor shall listen to the recording of the call(s). 14. The Contractor shall include demographic data when entering vaccination records into CIIS. 15. If CDPHE approved equipment is purchased by the Contractor, the Contractor shall answer the question in the quarterly report regarding Equipment productivity and benefit analysis. 16. If CDPHE approved equipment is purchased by the Contractor, the Contractor shall prepare a final report. The final report shall include a one -page summarization of the impact equipment purchase had on the execution of the scope of work. Updated 07/20/2021 17 If the CDPFIF. approved equipment is purchased by the Contractor, the Contractor shall prepare an equipment final inventory report in CDPFIE provided template. 18. C'DPI IE will provide equipment final inventory report to the Contractor no later than 60 days prior to the end date of the contract. Expected Results of Activity(s) I . COVID-I9 vaccines are promoted within the Contractor's jurisdiction. 2- C'OVID-19 vaccines arc offered within the Contractor's jurisdiction. 3 COVID- 19 vaccines are administered within the Contractor's jurisdiction. Measurement of Expected Results I . Data contained in C'11s. 2. Number ofCOVID-19 vaccinations administered. 3. Data contained in quarterly progress reports. Completion Date Deliverables I .The Contractor shall submit the 39 -month budget via email to the Contract Monitor. No later than 45 days after execution of the contract. 2.The C:onlractor shall submit the annual budget revision via email to the ('DPFIF. Contract Monitor No later than 30 days after the last day of Quarter 3, annually. 3. The Contractor shall submit the electronic quarterly progress report forms. No later than 30 days after the last day of each quarter and by the end term (tithe contract. 4. The Contractor shall submit immunization and demographic data for all COVID-19 immunizations administered by the Contractor w CIIS. No later than 72 hours following vaccine administration. 5. If the Contractor purchases CDPFIE approved equipment, the Contractor shall submit the equipment final report via email to the CDPHE Contract Monitor. No later than the expiration date of the contract. 0. If the Contractor purchases CDPhIF. approved equipment, the Contractor shall submit the equipment final inventory report via email to the CDPFIE Contract Monitor. No later than 30 days after the end date of the contract. V. Additional Provisions - Invoicing To receive compensation under the Purchase Order, the Contractor shall submit a signed Monthly Invoice Form. The IMM Simplified Invoice template is accessible from the CDPIIF (-OVID Fiscal website located at this link Imps does'o)Zle com spreadnccets d 11-06)111 I4,CIFwtCNyt \IbteCuh \td0sNejalON \n1Ct10a1t) edlt',i i1 7517112,08 the fttrm is incorporated and made part of this SOW by reference_ The IMM Simplified Invoice Form must be submitted no later than forty-five (45) calendar days after the end of the billing period for which services were rendered. Expenditures shall be in accordance with the Statement of Work and Budget. Scan the completed and signed Invoice Form and supporting documentation into an electronic document. Email the Invoice form and general ledger supporting documentation to: your regional contract monitor, cdphe contractmonitoringstate.co.us. Final billings under the Purchase Order must be received by the State within a reasonable time after the expiration or termination of the Purchase Order; but in any event no later than forty-five (45) calendar days from the effective expiration or termination date of the Purchase Order. Unless otherwise provided for in the Purchase Order, "Local Match", if any, shall be included on all invoices as required by the funding source. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. VI. Additional Provisions - Equipment and Capital requests The Contractor shall obtain CDPHE approval prior to the purchase or lease of capital equipment. Approved equipment shall be appended to the PO as Attachment A. 1. The Contractor, in accordance with the terms and conditions of this contract, shall perform and complete, in a timely and satisfactory manner, all activities described in the approved Scope of Work. 2. The Contractor shall submit a revised budget reflecting the approved equipment prior to any reimbursement request. 3. The Contractor is required to purchase or lease any equipment through a competitive process to ensure fair and reasonable pricing. Quotes shall be provided to CDPHE and reflect the most economical option to accomplish the scope of work. 4. The Contractor is required to provide proof of payment of equipment, prior to any reimbursement request. 5. The Contractor is required to provide proof of acceptance within the contract period, testing of equipment and equipment performance in accordance with manufacturer's specifications, prior to any reimbursement request. 6. For testing equipment, the Contractor is required to provide documentation of placement in a CLIA certified lab or a CLIA waiver on file prior to any reimbursement request. 7. The Contractor agrees to allow CDPHE to conduct site visits as determined necessary. 8. The Contractor is responsible for all repair and maintenance costs outside of manufacturer's warranty for the duration of the useful life of the equipment. 9. The Contractor and any of its employees are required to operate the equipment in accordance with the manufacturer's safety and operation instructions. 10. The Contractor shall repair or replace any equipment which is damaged, destroyed, lost, stolen, or involved in any other form of casualty. 11. The Contractor shall not charge any costs for equipment after the end of the contract period. 12. The Contractor agrees that equipment will be used in accordance with the project goals outlined in the scope of work. 13. The Contractor shall maintain property records for the duration of the award and at minimum three (3) years after final report which at a minimum include: a. a description of the property b. a serial number or other identification number c. the source of funding for the property (including the FAIN) d. who holds title e. the acquisition date f. cost of the property g. percentage of Federal participation in the project costs for the Federal award under which the property was acquired h. the location, use and condition of the property i. Any ultimate disposition data including the date of disposal and sale price of the property. 14. The Contractor will not sell, transfer or dispose of equipment for the entire tern of the contract without the prior written authorization of CDPHE. 15. The Contractor is required to notify CDPHE during the contract period, if project goals change or if the Contractor is unable to utilize the equipment due to changes in business status, and must surrender the equipment to CDPHE for sale or reallocation to another organization. Updated 07/20/2021 16. The Contractor may request the release of any security interest or lien requirement after a period deter eised by CDPHE to allow complete ownership of equipment by the Contractor. 17. If approved equipment is purchased, the equipment final report shall include a one -page summarization of the impact equipment purchase had on the execution of the scope of work. 18. If approved equipment is purchased, the Contractor shall include in a description of productivity and benefit analysis of the equipment usage in the quarterly online surveys. 19. Capitalized equipment paid for with awards made by CDPHE will be reported back to CDPHE at the end of the contract term, at which time CDPHE will determine what is to be done with the equipment (ie. returned, kept, sold, etc). A final inventory report will be required within 30 days of award end date on a template to be pray -Jed by CDPHE. VII. Monitoring: CD1v ll's monitoring of this contract for compliance with performance requirements will be conducted througlout the contract period by the CDPHE Contract Monitor. Methods used will include a review of documentation determined by CDPHE to be reflective of performance to include progress reports and other fiscal and programmatic documentation as applicable. The Contractor's performance will be evaluated at set irteerals and communicated to the contractor. VIII. Resolution of Non -Compliance: The Cortractor will be notified in writing within 15 calendar days of discovery of a compliance issue. With_n ?0 calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to determine the action(s) necessary to rectify the compliance issue and determine when the action(s) must be complemd_ The action(s) and timeline for completion will be documented in writing and agreed to by both parties. If extenuating circumstances arise that requires an extension to the timeline, the Contractor must emai arequest to the CDPHE Contract Monitor and receive approval fora new due date. The State will overmeihe completion/implementation of the action(s) to ensure timelines are met and the issue(s) is resolved. If the Contractor demonstrates inaction or disregard for the agreed upon compliance resolution plan, the State may exercise its rights under the Terms and Conditions of this Purchase Order. Updated 07/24/2021 Chloe White To: Subject: Bill Fritz Weld County IMM#3 & 4 participation Forwarded message From: Bill Fritz <bfritz@weld.gov> Date: Mon, Jul 15, 2024 at 10:16 AM Subject: Weld County IMM#3 & 4 participation To: emily.pena@state.co.us <emily.pena@state.co.us> Cc: Jason Chessher <ihessher@weld.gov>, Shaun May <smay@weld.gov> Emily. We have decided to not participate in the IMM #3 and IMM #4 grants available. We officially withdraw as of 7/1/24. Please let me know if you have any questions. Thank you, Bill Bill Fritz Finance Manager Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley, CO 80631 Direct Phone: 970.400.2122 VISION: Everyone in Weld County has the opportunity to live their healthiest lives. MISSION: We serve Weld County by cultivating partnerships to promote public health and environmental quality through the delivery of relevant, innovative, and cost-effective services. STATE OF COLORADO Department of Public Health & Environment Page 1 of 2 )RDI:R Number: PO,FHJA,202100010318 Date: 5/30/24 Description: WELD - IMM #3 Effective Date: 03/24/21 Ex . iration Date: 06/30/25 DYER Buyer: Email: VENDOR WELD COUNTY Public Health and Environment 1555 N 17TH AVE GREELEY, CO 80631 Contact: Terri McDaniel Phone: 970-336-7240 VENDOR INSTRUCTIONS XI ENDED DESCRIPTION This purchase order shall not exceed $786,464 and the total This purchase order contains federal funds the incorporated - "'IMPORT \NI * *' The order number and line number must appear on all invoices, packing slips, cartons, and correspondence. 3ILL L TO OEPR-COVID, A-2 4300 Cherry Creek Drive South Denver, CO 80246 SHIP TO OEPR-COVID, A-2 4300 Cherry Creek Drive South Denver, CO 80246 SHIPPING INSTRUCTIONS Delivery/Install Date: FOB: FOB Dest, Freight Prepaid award is IMM #3 COVID Vaccine PO. federal provisions apply to this purchase. gg"_Y2�^"t�y''yy.T'Iaki viii:6, Y4 't 1nLy■✓ -e' e{t k Y Y t ry 8s � � t� ' F t:. .,. z., ;�$r*�4 0 0.00 $786,464.00 o Description: WELD - IMM #3 Attachment A prior approval request for equipment. Weld purchased two pharmaceutical grade vaccine storage units $14,893.00 Service From: 03/24/21 Service To: 06/30/25 https://www.colorado.gov/osc/purchase-order-terms-conditions EIZEMENIEMEMEral Change Order Number: 5 a STATE OF COLORADO Department of Public Health & Environment Modification to amend SOW and no -cost extension to 6/30/25 Page 2 of 2 DOCUMENT TOTAL = $786.464.00 State of Colorado Purchase Order Terms and Conditions 1. Offer/Acceptance. This Purchase Order, 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 "PO") shall represent the entire and exclusive agreement between the State and the Vendor. If this PO refers to Vendor's bid or proposal, this PO is an ACCEPTANCE of Vendor's OFFER TO SELL in accordance with the terms and conditions of this PO. If a bid or proposal is not referenced, this PO is an OFFER TO BUY, subject to Vendor's acceptance, demonstrated by Vendor's performance or written acceptance of this PO. Any COUNTER-OFFER TO SELL automatically CANCELS this PO, unless a change order accepting the counter-offer is issued in accordance with §4 accepting a counter-offer. The State shall not be responsible or liable for goods or services delivered or performed prior to issuance of this PO. 2. Order of Precedence. In the event of a conflict or inconsistency within this PO, such conflict or inconsistency shall be resolved by giving preference to the documents in the following order of priority: (a) If applicable, Addendum 2: Additional Terms and Conditions for Federal Provisions, below; (b) the Purchase Order document; (c) these Terms and Conditions (including, if applicable, Addendum 1: Additional Terms and Conditions for Information Technology below); and (d) any attachments, exhibits, specifications, or appendices, whether attached or incorporated by reference. Any terms and conditions included on Vendor's forms or invoices not included in this PO are void. 3. Safety Information. All chemicals, equipment, and materials proposed or used in the performance of this PO shall conform to the requirements of the Occupational Safety and Health Act of 1970. Vendor shall furnish all Material Safety Data Sheets (MSDS) for any regulated chemicals, equipment, or hazardous materials at the time of delivery. 4. Changes. Vendor shall furnish goods or services in strict accordance with the specifications and price set forth for each item. This PO shall not be modified, superseded or otherwise altered, except in writing signed by the State and accepted by Vendor. If this PO is for goods only and Vendor has not delivered the goods prior to the expiration of this PO, but Vendor delivers all of the goods to the State only after expiration of this PO, then the State, in its sole discretion, may accept the goods under this PO by extending this PO and delivering the modification to Vendor; however, regardless of anything to the contrary, if the State does not extend this PO for any reason then the goods delivered after expiration of this PO shall be deemed rejected, Vendor shall arrange the return of all delivered goods at Vendor's sole expense, and the State shall have no liability for any such goods. 5. Delivery. Unless otherwise specified in this PO, delivery shall be FOB destination, freight prepaid and allowed. The State is relying on the promised delivery date and any installation or service performance set forth in this PO as material and basic to the State's acceptance. If Vendor fails to deliver or perform as and when promised, the State, in its sole discretion, may cancel its order, or any part thereof, without prejudice to its other rights, return all or part of any shipment so made, and charge Vendor with any loss or expense sustained as a result of such failure to deliver or perform as promised. Time is of the essence. 6. Rights to Materials. [Not Applicable to POs issued either in whole or in part for Information Technology, as defined in CRS § 24-37.5-102(2); which shall be governed by Addendum 1 §B.] Unless specifically stated otherwise in this PO, 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 Vendor or delivered by Vendor to the State in performance of its obligations under this PO shall be the exclusive property of the State. Vendor shall return or deliver all Materials to the State upon completion or termination of this PO. Page 1 of 19 Effective 12/26/2023 7. Reporting. If Vendor 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 PO or may affect Vendor's ability to perform its obligations under this PO, Vendor shall, within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State. Vendor shall disclose, in a timely manner, in writing to the State all violations of federal or state criminal law involving fraud, bribery, or gratuity violations potentially affecting this PO. The State may impose any remedies available, which may include, without limitation, suspension or debarment. 8. Conflicts of Interest. Vendor acknowledges that with respect to this PO, even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, Vendor shall refrain from any practices, activities, or relationships that reasonably may appear to be in conflict with the full performance of Vendor's obligations to the State hereunder. If a conflict or appearance of a conflict of interest exists, or if Vendor is uncertain as to such, Vendor 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 with respect to the actual or apparent conflict constitutes a breach of this PO. Vendor acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Vendor further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this PO. 9. Warranties. All provisions and remedies of the Colorado Uniform Commercial Code, CRS, Title 4 ("UCC"), relating to implied or express warranties for goods are incorporated herein, in addition to any warranties contained in this PO. 10. Inspection and Acceptance. The State's final acceptance of goods or services is contingent upon completion of all applicable inspection procedures. All goods delivered shall be newly manufactured and the current model, unless otherwise specified. The State shall have the right to inspect goods or services provided under this PO at all reasonable times and places. The State shall be the sole judge in determining "equals" with regard to conformance with the specifications outlined in this PO for quality, price, and performance. If any of the goods or services do not conform to this PO, the State, at its sole discretion, may require Vendor to either (a) replace the goods specified by the State or (b) perform the services again, without additional payment from the State. When defects in the quality or quantity of goods or services cannot be corrected by replacement or re -performance, the State may (c) require Vendor to take necessary action to ensure that future performance conforms to this PO and (d) equitably reduce the payment due Vendor to reflect the reduced value of the goods or services performed. These remedies do not limit the remedies otherwise available in this PO, at law, or in equity. 11. Taxes. The State is exempt from federal excise taxes and from State and local sales and use taxes. 12. Payment. The State shall not pay Vendor any amount for performance under this PO in excess of the Document Total set forth on the Purchase Order document. The State shall pay Vendor for all amounts due within 45 days after the State's receipt of goods or services and acceptance of a correct invoice of amount due. 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. Vendor 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 State may benefit from any early payment discount offered by Vendor by making payment within the timeframes required by Vendor to be eligible for such discount. If Vendor offers an early payment discount, then the discount shall be shown on Vendor's invoices to the State, and if the State makes payment on the invoice within the time frame for the discount, Vendor shall either (a) accept the payment amount less the appropriate Page 2 of 19 Effective 12/26/2023 discount or (b) refund the discount back to the State. Except as specifically agreed in this PO, Vendor shall be solely responsible for all costs, expenses, and other charges it incurs in connection with its performance under this PO. 13. Assignment. Vendor's rights and obligations under this PO shall not be transferred or assigned without the prior, written consent of the State and execution of a new PO. Any attempt at assignment or transfer without such consent and new PO shall be void. Any new PO approved by the State shall be subject to the same terms and conditions as those set forth in this PO. 14. Subcontracts. Unless otherwise specified in this PO, Vendor shall not enter into any subcontract in connection with its obligations under this PO without the prior, written approval of the State. Vendor shall submit to the State a copy of each such subcontract upon request by the State. All subcontracts entered into by Vendor in connection with this PO 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 PO. 15. Severability. The invalidity or unenforceability of any provision of this PO shall not affect the validity or enforceability of any other provision of this PO, which shall remain in full force and effect, provided, that the parties can continue to perform their obligations in accordance with the intent of this PO. 16. Survival of Certain PO Terms. Any provision of this PO that imposes an obligation on a party after termination or expiration of this PO shall survive the termination or expiration of this PO and shall be enforceable by the other party. 17. Third Party Beneficiaries. Except for the parties' respective successors and assigns, this PO does not and is not intended to confer any rights or remedies upon any person or entity other than the parties. Enforcement of this PO and all rights and obligations hereunder is reserved solely to the parties. Any services or benefits which third parties receive as a result of this PO are incidental to this PO, and do not create any rights for such third parties. 18. Waiver. A party's failure or delay in exercising any right, power, or privilege under this PO, 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. 19. Indemnification. [Not Applicable to Inter -governmental POs] Vendor 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 Vendor, or its employees, agents, subcontractors, or assignees in connection with this PO. 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. 20. Notice. All notices given under this PO shall be in writing, and shall be delivered to the contacts for each party listed on the Purchase Order document. Either party may change its contact or contact information by notice submitted in writing to the other party without a formal modification to this PO. 21. Insurance. Except as otherwise specifically stated in this PO, Vendor shall obtain and maintain insurance as specified in this section at all times during the term of this PO: (a) workers' compensation insurance as required by state statute, and employers' liability insurance covering all Vendor 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 Page 3of19 Effective 12/26/2023 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 Vendor will or may have access to any protected information, then Vendor 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 this PO. Additional insurance may be required as provided elsewhere in this PO. All insurance policies required by this PO shall be issued by insurance companies with an AM Best rating of A -VIII or better. This insurance requirement shall not apply if this PO is solely for goods, as determined by the State, unless specifically stated otherwise in this PO or any attachment or exhibit to this PO. If Vendor is a public agency within the meaning of the Colorado Governmental Immunity Act, then this section shall not apply and Vendor shall instead comply with the Colorado Governmental Immunity Act. The State shall be named as additional insured on all commercial general liability policies required of Vendor. All insurance policies secured or maintained by Vendor in relation to this Purchase Order shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Vendor or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. 22. Termination Prior to Vendor Acceptance. If Vendor has not begun performance under this PO, the State may cancel this PO by providing written notice to the Vendor. 23. Termination for Cause. (a) If Vendor refuses or fails to timely and properly perform any of its obligations under this PO with such diligence as will ensure its completion within the time specified in this PO, the State may notify Vendor in writing of non-performance and, if not corrected by Vendor within the time specified in the notice, terminate Vendor's right to proceed with this PO or such part thereof as to which there has been delay or a failure. Vendor shall continue performance of this PO to the extent not terminated. (b) Vendor shall be liable for excess costs incurred by the State in procuring similar goods or services and the State may withhold such amounts as the State deems necessary. (c) If after rejection, revocation, or other termination of Vendor's right to proceed under the UCC or this clause, the State determines for any reason that Vendor was not in default or the delay was excusable, the rights and obligations of the State and Vendor shall be the same as if the notice of termination had been issued pursuant to termination under §24. 24. Termination in Public Interest. The State is entering into this PO for the purpose of carrying out the public interest of the State, as determined by its Governor, General Assembly, or Courts. If this PO ceases to further the public interest of the State as determined by its Governor, General Assembly, or Courts, the State, in its sole discretion, may terminate this PO 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 §23. A determination that this PO 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 Vendor specifying the part of this PO terminated and when termination becomes effective. Upon receipt of notice of termination, Vendor shall not incur further obligations except as necessary to mitigate costs of performance. For services or specially manufactured goods, the State shall pay (a) reasonable settlement expenses, (b) this PO price or rate for supplies and services delivered and accepted, (c) reasonable costs of performance on unaccepted supplies and services, and (d) a reasonable profit for the unaccepted work. For existing goods, the State shall pay (e) reasonable settlement expenses, (f) the PO price for goods delivered and accepted, (g) reasonable costs incurred in preparation for delivery of the undelivered goods, and (h) a reasonable profit for the preparatory work. The State's termination liability under this section shall not exceed the total PO price. As a condition for payment Page 4 of 19 Effective 12/26/2023 under this section, Vendor shall submit a termination proposal and reasonable supporting documentation, and cost and pricing data as requested by the State. 25. Funds Availability. Financial obligations of the State payable after the State's current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. If this PO is funded in whole or in part with federal funds, this PO is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. The State represents that it has set aside sufficient funds to make payment for goods delivered in a single installment, in accordance with the terms of this PO. 26. 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 PO 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. 27. Independent Contractor. Vendor shall perform its duties under this PO as an independent contractor and not as an employee. Neither Vendor nor any agent or employee of Vendor shall be deemed to be an agent or employee of the State. Vendor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Vendor 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 Vendor or any of its agents or employees. Vendor shall pay when due all applicable employment taxes, income taxes and local head taxes incurred pursuant to this PO. Vendor 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. 28. Compliance with Law. Vendor 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. 29. Choice of Law, Jurisdiction and Venue. [Not Applicable to Inter -governmental POs] Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this PO. The UCC shall govern this PO in the case of goods unless otherwise agreed in this PO. 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 PO 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 PO 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. Vendor shall exhaust administrative remedies in CRS §24-109-106, prior to commencing any judicial action against the State. 30. Prohibited Terms. Nothing in this PO shall be construed as a waiver of any provision of CRS §24-106-109. Any term included in this PO that requires the State to indemnify or hold Vendor harmless; requires the State to agree to binding arbitration; limits Vendor'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. 31. Vendor Offset and Erroneous Payments. [Not Applicable to Inter -governmental POs or to POs issued solely for goods] The State Controller may withhold payment under the State's Vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or Page 5of19 Effective 12/26/2023 child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State's discretion, payments made to Vendor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Vendor by deduction from subsequent payments under this PO, deduction from any payment due under any other contracts, grants or agreements between the State and Vendor, or by any other appropriate method for collecting debts owed to the State. Page 6 of 19 Effective 12/26/2023 ADDENDUM 1: Additional Terms & Conditions for Information Technology IF ANY PART OF THE SUBJECT MATTER OF THIS PO IS INFORMATION TECHNOLOGY, AS DEFINED IN CRS § 24-37.5-102 (2), THE FOLLOWING PROVISIONS ALSO APPLY TO THIS PO. A. Definitions. The following terms shall be construed and interpreted as follows: (a) "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); (b) "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; (c) "HIPAA" means the federal Health Information Portability and Accountability Act; (d) "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.; (e) "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; (f) "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 HIPAA; (g) "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. "PII" shall also mean "personal identifying information" as set forth at § 24-74-102, et. seq., C.R.S. ; (h) "State Confidential Information" means any and all State Records not subject to disclosure under the Colorado Open Records Act, CRS §§24-72-200.1, et seq. ("CORA"), and includes, without limitation, PII, PHI, PCI, Tax Information, CJI, and State personnel records not subject to disclosure under CORA; (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. B. Intellectual Property. Except to the extent specifically provided elsewhere in this PO, 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 Vendor in the performance of its obligations under this PO shall be the exclusive property of the State (collectively, "State Materials"). Vendor shall deliver all State Materials to the State upon completion or termination of this PO. The State's exclusive rights in any Work Product prepared by Vendor shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Vendor shall not use, willingly allow, cause or permit any State Materials to be used for any purpose other than the performance of Vendor's Page 7 of 19 Effective 12/26/2023 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 Vendor and third party software licenses and rights to use any Vendor or third party software granted under this PO and its attachments to which the State is a party and (b) all amounts payable to Vendor pursuant to this PO and its attachments and the State's obligations under this PO or to any amounts payable to Vendor in relation to this PO, which records shall contain sufficient information to permit Vendor to confirm the State's compliance with the use restrictions and payment obligations under this PO or to any third -party use restrictions to which the State is a party. Vendor retains the exclusive rights, title and ownership to any and all pre-existing materials owned by or licensed to Vendor 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 Vendor under this PO, whether incorporated in a deliverable or necessary to use a deliverable (collectively, "Vendor Property"). Vendor Property shall be licensed to the State as set forth in a State -approved license agreement: (c) entered into as exhibits or attachments to this PO, (d) obtained by the State from the applicable third -party Vendor, or (e) 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 (i) requires the State to indemnify Vendor or any other party, (ii) is in violation of State laws, regulations, rules, fiscal rules, policies, or other State requirements as deemed solely by the State, or (iii) is contrary to this PO. C. License or Use Audit Rights. If this PO includes any license or other right to use Vendor's intellectual property, Vendor shall have the right, at any time during and throughout the term of this PO, but not more than once during any State fiscal year, to request via written notice in accordance with the notice provisions of this PO that the State audit its use of Vendor's intellectual property and certify as to its compliance with any applicable license or use restrictions and limitations contained in this PO (an "Audit Request"). The Audit Request shall specify the time period to be covered by the audit, which shall not include any time periods covered by a previous audit. The State shall complete the audit and provide certification of its compliance to Vendor ("Audit Certification") within 120 days following the State's receipt of the Audit Request. If upon receipt of the State's Audit Certification, the parties reasonably determine that: (a) the State's use of licenses, use of software, use of programs, or any other use of intellectual property during the audit period exceeded the use restrictions and limitations contained in this PO ("Overuse") and (b) the State would have been or is then required to purchase additional rights to use Vendor's intellectual property ("Additional Rights"), Vendor shall provide written notice to the State in accordance with the notice provisions of this PO identifying any Overuse or required Additional Rights and request that the State bring its use into compliance with such use restrictions and limitations. Notwithstanding anything to the contrary in this PO, or incorporated as a part of Vendor's or any subcontractor's website, click -through or online agreements, third -party agreements, or any other documents or agreements between the parties, the State shall not be liable for the costs associated with any Overuse or Additional Rights, during the audit period regardless of whether the State may have been notified in advance of such costs. D. Vendor Records. Vendor shall maintain a file of all documents, records, communications, notes, and other materials relating to the work (the "Vendor Records"). Vendor Records shall include all documents, records, communications, notes and other materials maintained by Vendor that relate to any work performed by Subcontractors, and Vendor shall maintain all records related to the work performed by Subcontractors required to ensure proper performance of that work. Unless a longer period is required in this PO or any attachment or exhibit to this PO, Vendor shall maintain Vendor Records until the last to occur of: (a) the date 3 years after the date this Page 8 of 19 Effective 12/26/2023 Purchase Order expires or is terminated, (b) final payment under this Purchase Order is made, (c) the resolution of any pending Purchase Order matters, or (d) if an audit is occurring, or Vendor has received notice that an audit is pending, the date such audit is completed and its findings have been resolved (the "Record Retention Period"). Vendor 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 Vendor Records during the Record Retention Period. Vendor shall make Vendor Records available during normal business hours at Vendor's office or place of business, or at other mutually agreed upon times or locations, upon no fewer than 2 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 Vendor's performance of its obligations under this Purchase Order using procedures as determined by the State. The State shall monitor Vendor's performance in a manner that does not unduly interfere with Vendor's performance of the work. Vendor shall promptly submit to the State a copy of any final audit report of an audit performed on Vendor's records that relates to or affects this Purchase Order or the work, whether the audit is conducted by Vendor or a third party. E. Information Confidentiality. Vendor shall keep confidential, and cause all subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Vendor 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 PO, permitted by law, or approved in writing by the State. Vendor shall provide for the security of all State Confidential Information in accordance with all applicable laws, rules, policies, publications, and guidelines. If Vendor or any of its subcontractors will or may have access to any State Confidential Information or any other protected information, Vendor 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 https://oit.colorado.gov/standards-policies-guides/technical-standards-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 Vendor's performance under this PO. Such obligations may arise from HIPAA; IRS Publication 1075; Payment Card Industry Data Security Standard (PCI-DSS); Federal Bureau of Investigation 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. Vendor shall immediately forward any request or demand for State Records to the State's purchasing agent. F. Other Entity Access and Nondisclosure Agreements. Vendor 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 PO. Vendor shall ensure all such agents, employees, assigns, and subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this PO, and that the nondisclosure provisions are in force at all times the agent, employee, assign or subcontractor has access to any State Confidential Information. Vendor shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions if requested by the State. G. Use, Security, and Retention. Vendor shall use, hold, and maintain State Confidential Information in compliance with 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. Vendor shall provide the State with access, subject to Vendor'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 Page 9 of 19 Effective 12/26/2023 termination of this PO, Vendor shall return State Records provided to Vendor or destroy such State Records and certify to the State that it has done so, as directed by the State. If Vendor is prevented by law or regulation from returning or destroying State Confidential Information, Vendor warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. H. Incident Notice and Remediation. If Vendor 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 Vendor can establish none of Vendor or any of its agents, employees, assigns, or subcontractors are the cause or source of the Incident, Vendor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Vendor 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 Vendor shall make all modifications as directed by the State. If Vendor 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 Vendor shall reimburse the State for the reasonable actual costs thereof. I. Data Protection and Handling. Vendor shall ensure that all State Records and Work Product in the possession of Vendor or any subcontractors are protected and handled in accordance with the requirements of this PO at all times. Upon request by the State made any time prior to 60 days following the termination of this PO for any reason, whether or not this PO is expiring or terminating, Vendor 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 system schema and transformation definitions, or delimited text files with documents, detailed schema definitions, and attachments in its native format. Upon the termination of Vendor's services under this PO, Vendor shall, as directed by the State, return all State Records provided by the State to Vendor, 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 Vendor prevent Vendor from returning or destroying all or part of the State Records provided by the State, Vendor shall guarantee the confidentiality of all State Records in Vendor'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 Vendor's infrastructure at its sole discretion and at any time. J. Compliance with OIS Policies and Procedure. Vendor shall review, on a semi-annual basis, all Colorado Office of Information Security ("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 https://oit.colorado.gov/standards-policies-guides/technical-standards-policies, to ensure compliance with the standards and guidelines published therein. Vendor shall cooperate, and shall cause its subcontractors to cooperate, with the performance of security audit and penetration tests by OIS or its designee. K. Safeguarding PII. If Vendor or any of its subcontractors will or may receive PII under this PO, Vendor 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. Vendor 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. In addition, as set forth in § 24-74-102, et. seq., C.R.S., Contractor, including, but not limited to, Contractor's employees, Page 10 of 19 Effective 12/26/2023 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 Contractor is given direct access to any State databases containing PII, Contractor shall execute, on behalf of itself and its employees, the certification PII Individual Certification Form or PII Entity Certification Form [Download form from Hyperlink] on an annual basis and Contractor's duty and obligation to certify shall continue as long as Contractor has direct access to any State databases containing PII. If Contractor uses any Subcontractors to perform services requiring direct access to State databases containing PII, the Contractor 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. L. Software Piracy Prohibition. State or other public funds payable under this PO shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Vendor hereby certifies and warrants that, during the term of this PO and any extensions, Vendor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Vendor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this PO, including, without limitation, immediate termination of this PO and any remedy consistent with federal copyright laws or applicable licensing restrictions. M. Information Technology. To the extent that Vendor provides physical or logical storage of State Records; Vendor creates, uses, processes, discloses, transmits, or disposes of State Records; or Vendor is otherwise given physical or logical access to State Records in order to perform Vendor's obligations under this PO, Vendor shall, and shall cause its subcontractors, to: (a) provide physical and logical protection for all hardware, software, applications, and data that meets or exceeds industry standards and the requirements of this PO; (b) 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; (c) comply with State and federal rules and regulations related to overall security, privacy, confidentiality, integrity, availability, and auditing; (d) provide that security is not compromised by unauthorized access to workspaces, computers, networks, software, databases, or other physical or electronic environments; (e) 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; and (f) 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 https://oit.colorado.gov/standards-policies-guides/technical-standards-policies. Vendor shall not allow remote access to State Records from outside the United States, including access by Vendor's employees or agents, without the prior express written consent of OIS. Vendor 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. N. Accessibility. Vendor 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 (2.5), C.R.S. Vendor 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), incorporated in the State of Colorado technology standards. Vendor 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 Vendor's failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals Page 11 of 19 Effective 12/26/2023 with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. The State may require Vendor's compliance to the State's Accessibility Standards to be determined by a third party selected by the State to attest to Vendor'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. Page 12 of 19 Effective 12/26/2023 ADDENDUM 2: Additional Terms & Conditions for Federal Provisions IF ANY PART OF THIS PO HAS BEEN FUNDED, IN WHOLE OR IN PART, WITH FEDERAL FUNDS, THE FOLLOWING PROVISIONS SHALL ALSO APPLY TO THIS PO. 1. APPLICABILITY OF PROVISIONS. 1.1. The Contract or Purchase Order 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 Contract or Purchase Order, or any attachments or exhibits incorporated into and made a part of the Contract or Purchase Order, the provisions of these Federal Provisions shall control. 2. COMPLIANCE. 2.1. Contractor shall comply with all applicable provisions of the Transparency Act, all applicable provisions of the Uniform Guidance, and the regulations issued pursuant thereto, including but not limited to these federal Provisions. 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 may provide written notification to Contractor 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. 3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 3.2. Unique Entity ID. Contractor shall provide its Unique Entity ID to its Recipient, and shall update Contractor's information at http://www.sam.gov at least annually after the initial registration, and more frequently if required by changes in Contractor's information. 4. CONTRACT PROVISIONS REQUIRED BY UNIFORM GUIDANCE APPENDIX II TO PART 200. Page 13 of 19 Effective 12/26/2023 4.1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. The simplified acquisitions threshold is $250,000 4.2. All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be effected and the basis for settlement. 4.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Page 14 of 19 Effective 12/26/2023 4.4. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. Page 15 of 19 Effective 12/26/2023 4.5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 4.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 4.7. Clean Air Act (42 U.S.C. 7401-7671q.) and the federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Page 16 of 19 Effective 12/26/2023 4.8. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 4.9. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 4.10. Prohibition on certain telecommunications and video surveillance services or equipment §2 CFR 200.216 4.10.1. Recipients and sub recipients are prohibited from obligating or expending loan or grant funds to: 4.10.1.1. Procure or obtain; 4.10.1.2. Extend or renew a contract to procure or obtain; or 4.10.1.3. Enter into a contract (or extend a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 4.11. Contracts with small and minority businesses, women's business enterprises, and labor surplus area firms. (2 CFR §200.321). The non -Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 4.12. Domestic preferences for procurements. (2 CFR §200.322) As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent Page 17 of 19 Effective 12/26/2023 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. 4.13. Procurement of recovered materials. (2 CFR §200.323) A non -Federal entity that is a state agency or agency of a political subdivision of a state and 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. 5. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT 5.1. Pursuant to §4.2 of these Federal Provisions, the State of Colorado may terminate this contract, in whole or in _part, when it is in the Government's interest. Solicitations and contracts shall include clauses as required by FAR 49.502 (2023). Termination for convenience of the government shall comply with the following provisions of the Federal Acquisition Regulations: 5.1.1. For Fixed Price Contracts: FAR 52.249-2 (2023) 5.1.2. For Contracts for Personal Services: FAR 52.249-12 (2023) 5.1.3. For Construction Contracts for Dismantling, Demolition, or Removal of Improvements: FAR 52.249-3 (2023) 5.1.4. For Educational and Other Nonprofit Institutions: FAR 52.249-5 (2023) 6. EVENT OF DEFAULT. 6.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract 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 Contract, at law or in equity. Page 18 of 19 Effective 12/26/2023 STATEMENT OF WORK These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above. I. Project Description: This project aims for Local Public Health Agencies (LPHA) to promote and provide COVID-19 vaccine. With the end of the pandemic response, the focus of the activities have transitioned to providing COVID-19 along with other routine vaccines and outreach and education efforts. Low or no -cost publicly funded COVID-19 vaccines remain available through the federal Vaccines for Children Program (VFC) and Bridge Access Program. LPHAs will promote publicly funded COVID-19 vaccines available through the federal programs and implement strategies to increase COVID-19 immunization uptake in their jurisdictions, alongside other vaccines. II. Definitions: 1. ACIP: Advisory Committee on Immunization Practices 2. CDC: Centers for Disease Control and Prevention 3. CDPHE: Colorado Department of Public Health and Environment 4. CIIS: Colorado Immunization Information System 5. Evidence -based: Conscientious use of current scientific evidence and clinical expertise. 6. Jurisdiction: Power or right of a legal or political agency to exercise its authority over a person, subject matter, or territory. 7. Quarters a. Quarter 1: July 1- September 30 b. Quarter 2: October 1 - December 31 c. Quarter 3: January 1 - March 31 d. Quarter 4: April 1 - June 30 III. Work Plan: Goal #1: Reduce vaccine -preventable diseases in Colorado by increasing or maintaining immunization coverage. Objective #1: No later than the expiration of the contract, the Contractor shall implement evidence -based strategies to provide COVID-19 immunizations in their jurisdiction, alongside other vaccines. Primary Activity The Contractor shall promote COVID-19 immunizations within their #1 jurisdiction. 1. The Contractor shall implement evidence -based strategies to provide COVID-19 vaccine within their jurisdiction. 2. The Contractor shall submit immunization data to CIIS for all COVID-19 immunizations administered by their agency no later than 72 hours following vaccine administration. 3. The Contractor shall promote informed COVID-19 vaccine decision making by educating a minimum of one (1) of the following groups: Sub -Activities #1 • Consumers • Health care providers • Staff who administer immunizations • Policy makers 4. The Contractor shall address COVID-19 vaccine hesitancy by educating a minimum of one (1) of the following groups: • Consumers • Health care providers • Staff who administer immunizations Page 1 of 5 • Policy makers 5. The Contractor shall promote vaccinations to increase vaccine confidence in the following: • Racial minority groups • Ethnic minority groups • Other minority groups, as identified by Contractor. 6. The Contractor shall promote publicly funded COVID-19 vaccine services availability 7. The Contractor shall prepare a quarterly progress report. 8. The Contractor shall participate in CDPHE led calls to receive up-to-date guidance on vaccines. Primary Activity #2 The Contractor shall prepare a budget. Sub -Activities #2 The Contractor shall revise the budget annually. Standards and Requirements 1. The content of electronic documents located on CDPHE and non-CDPHE websites and information contained on CDPHE and non-CDPHE websites may be updated periodically during the contract tents. The Contractor shall monitor documents and website content for updates and comply with all updates. 3. The Contractor shall comply with the ACIP recommendations for vaccine administration located on the following website, http://www.cdc.aov/vaccines/acid/index.html. The content of this website is incorporated and made part of this contract by reference. 4. CDPHE will provide programmatic technical assistance, upon request. 5. The Contractor shall complete an electronic quarterly progress report. CDPHE will provide reporting requirements. 6. CDPHE will email the quarterly progress report form no later than 30 days before the completion date. 7. The Contractor shall comply with allowability of expenditures as listed in the CDPHE COVID-19 Immunization Allowability document located on the following website, https://docs.google.com/document/d/1- maer866aFahg OdtOhYKO8pB8 5kie/edit?usp=sharing&ouid=112731490169133348175&rtpof=trte&sd =true . The content of this website is incorporated and made part of this contract by reference. 8. The Contractor shall refer to the list of evidence -based strategies to reduce coverage disparities by race, ethnicity and socio-economic status from Strategies to improve Colorado vaccination rates located on the following website, https://drive.google.com/file/d/1dYouAvuWmrzS1P8RO7ZPI0urvuKfcC -5/view?usp=drive link 9. The Contractor shall use the CDPHE budget template for the COVID immunization project budget. CDPHE will provide the budget template no later than five (5) business days after contract execution. 10. If the Contractor is unable to attend the CDPHE led calls to receive up-to-date guidance on vaccines, the Contractor shall listen to the recording of the call(s). 11. The Contractor shall include patient demographic data when entering vaccination records into CIIS, including race, ethnicity and gender identity. 12. If CDPHE approved equipment is purchased by the Contractor, the Contractor shall prepare a final report. The final report shall Page 2 of 5 include a one -page summarization of the impact equipment purchase had on the execution of the scope of work. 13. If the CDPHE approved equipment is purchased by the Contractor, the Contractor shall prepare an equipment final inventory report in CDPHE provided template. 14. CDPHE will provide equipment a final inventory report to the Contractor no later than 30 days prior to the end date of the contract. Expected Results of Activity(s) 1. COVID-19 vaccines are promoted within the Contractor's jurisdiction. 2. COVID-19 vaccines are offered within the Contractor's jurisdiction. 3. COVID-19 vaccines are administered within the Contractor's jurisdiction. Measurement of Expected Results 1. Data contained in CIIS. 2. Data contained in quarterly progress reports. Completion Date Deliverables 1.The Contractor shall submit the budget via email to the Contract Monitor. No later than 45 days after execution of the contract. 2.The Contractor shall submit the annual budget revision via email to the CDPHE Contract Monitor. No later than 30 days after the last day of Quarter 3, annually. 3. The Contractor shall submit an unobligated budget report. No later than April 30, 2024. 3. The Contractor shall submit the electronic quarterly progress report forms. No later than 30 days after the last day of each quarter and by the end term of the contract. 4. The Contractor shall submit immunization and demographic data for all COVID-19 immunizations administered by the Contractor to CIIS. No later than 72 hours following vaccine administration. 5. If the Contractor purchases CDPHE approved equipment, the Contractor shall submit the equipment final inventory report via email to the CDPHE Contract Monitor. No later than 30 days after the end date of the contract. IV. Additional Provisions - Invoicing To receive compensation under the Purchase Order, the Contractor shall submit a signed Monthly Invoice Form. The IMM Simplified Invoice template is accessible from the CDPHE COVID Fiscal website located at this link https://docs.google.com/spreadsheets/d/IEGBW145 CIEw0Nyi_M6zeCuhA idOsXcj aIONAm970a1O/edit#g i d=751733208 the form is incorporated and made part of this SOW by reference. The IMM Simplified Invoice Form must be submitted no later than forty-five (45) calendar days after the end of the billing Page 3 of 5 period for which services were rendered. Expenditures shall be in accordance with the Statement of Work and Budget. Scan the completed and signed Invoice Form and supporting documentation into an electronic document. Email the Invoice form and general ledger supporting documentation to: your regional contract monitor, cdphe_contractmonitoring@state.co.us. Final billings under the Purchase Order must be received by the State within a reasonable time after the expiration or termination of the Purchase Order; but in any event no later than forty-five (45) calendar days from the effective expiration or termination date of the Purchase Order. Unless otherwise provided for in the Purchase Order, "Local Match", if any, shall be included on all invoices as required by the funding source. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. V. Additional Provisions - Equipment and Capital requests The Contractor shall obtain CDPHE approval prior to the purchase or lease of capital equipment. Approved equipment shall be appended to the PO as Attachment A. 1. The Contractor, in accordance with the terms and conditions of this contract, shall perform and complete, in a timely and satisfactory manner, all activities described in the approved Scope of Work. 2. The Contractor shall submit a revised budget reflecting the approved equipment prior to any reimbursement request. 3. The Contractor is required to purchase or lease any equipment through a competitive process to ensure fair and reasonable pricing. Quotes shall be provided to CDPHE and reflect the most economical option to accomplish the scope of work. 4. The Contractor is required to provide proof of payment of equipment, prior to any reimbursement request. 5. The Contractor is required to provide proof of acceptance within the contract period, testing of equipment and equipment performance in accordance with manufacturer's specifications, prior to any reimbursement request. 6. For testing equipment, the Contractor is required to provide documentation of placement in a CLIA certified lab or a CLIA waiver on file prior to any reimbursement request. 7. The Contractor agrees to allow CDPHE to conduct site visits as determined necessary. 8. The Contractor is responsible for all repair and maintenance costs outside of manufacturer's warranty for the duration of the useful life of the equipment. 9. The Contractor and any of its employees are required to operate the equipment in accordance with the manufacturer's safety and operation instructions. 10. The Contractor shall repair or replace any equipment which is damaged, destroyed, lost, stolen, or involved in any other form of casualty. 11. The Contractor shall not charge any costs for equipment after the end of the contract period. 12. The Contractor agrees that equipment will be used in accordance with the project goals outlined in the scope of work. 13. The Contractor shall maintain property records for the duration of the award and at minimum three (3) years after final report which at a minimum include: a. a description of the property b. a serial number or other identification number c. the source of funding for the property (including the FAIN) d. who holds title e. the acquisition date f. cost of the property g. percentage of Federal participation in the project costs for the Federal award under which the property was acquired h. the location, use and condition of the property i. Any ultimate disposition data including the date of disposal and sale price of the property. Page 4 of 5 14. The Contractor will not sell, transfer or dispose of equipment for the entire term of the contract without the prior written authorization of CDPHE. 15. The Contractor is required to notify CDPHE during the contract period, if project goals change or if the Contractor is unable to utilize the equipment due to changes in business status, and must surrender the equipment to CDPHE for sale or reallocation to another organization. 16. The Contractor may request the release of any security interest or lien requirement after a period determined by CDPHE to allow complete ownership of equipment by the Contractor. 17. If approved equipment is purchased, the equipment final report shall include a one -page summarization of the impact equipment purchase had on the execution of the scope of work. 18. If approved equipment is purchased, the Contractor shall include in a description of productivity and benefit analysis of the equipment usage in the quarterly online surveys. 19. Capitalized equipment paid for with awards made by CDPHE will be reported back to CDPHE at the end of the contract term, at which time CDPHE will determine what is to be done with the equipment (ie. returned, kept, sold, etc). A final inventory report will be required within 30 days of award end date on a template to be provided by CDPHE. VI. Monitoring: CDPHE's monitoring of this contract for compliance with performance requirements will be conducted throughout the contract period by the CDPHE Contract Monitor. Methods used will include a review of documentation determined by CDPHE to be reflective of performance to include progress reports and other fiscal and programmatic documentation as applicable. The Contractor's performance will be evaluated at set intervals and communicated to the contractor. VII. Resolution of Non -Compliance: The Contractor will be notified in writing within 15 calendar days of discovery of a compliance issue. Within 30 calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to determine the action(s) necessary to rectify the compliance issue and determine when the action(s) must be completed. The action(s) and timeline for completion will be documented in writing and agreed to by both parties. If extenuating circumstances arise that requires an extension to the timeline, the Contractor must email a request to the CDPHE Contract Monitor and receive approval for a new due date. The State will oversee the completion/implementation of the action(s) to ensure timelines are met and the issue(s) is resolved. If the Contractor demonstrates inaction or disregard for the agreed upon compliance resolution plan, the State may exercise its rights under the Terms and Conditions of this Purchase Order. Page 5 of 5 Hello