HomeMy WebLinkAbout20243052.tiffRESOLUTION
RE: APPROVE ACCEPTANCE OF TWO (2) PURCHASE ORDERS AND STATEMENTS OF
WORK REGARDING SMALL DOLLAR GRANT AWARD TERMS AND CONDITIONS
FOR 2024 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) AND
LOCAL EMERGENCY MANAGEMENT SUPPORT (LEMS) PROGRAM FUNDING, AND
AUTHORIZE OFFICE OF EMERGENCY MANAGEMENT TO DISBURSE SAID FUNDS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Two (2) Purchase Orders and Statements
of Work Regarding Small Dollar Grant Award Terms and Conditions for the 2024 Emergency
Management Performance Grant (EMPG) and Local Emergency Management Support (LEMS)
Program Funding between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Office of Emergency Management, and
the Colorado Department of Public Safety, Division of Homeland Security and Emergency
Management, Office of Grants Management, commencing January 1, 2024, and ending
December 31, 2024, with further terms and conditions being as stated in said purchase orders,
and
WHEREAS, after review, the Board deems it advisable to approve and accept said
purchase orders and statements of work, copies of which are attached hereto and incorporated
herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Two (2) Purchase Orders and Statements of Work Regarding
Small Dollar Grant Award Terms and Conditions for the 2024 Emergency Management
Performance Grant (EMPG) and Local Emergency Management Support (LEMS) Program
Funding between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Office of Emergency Management, and the
Colorado Department of Public Safety, Division of Homeland Security and Emergency
Management, Office of Grants Management, be, and hereby are, approved and accepted.
BE IT FURTHER RESOLVED by the Board that the Office of Emergency Management
be, and hereby is, authorized to disburse said purchase order funds.
cc : oEP'ICRR), FCT(c?/cD)
of /27/25
2024-3052
EM0021
ACCEPTANCE OF TWO (2) PURCHASE ORDERS AND STATEMENTS OF WORK
REGARDING SMALL DOLLAR GRANT AWARD TERMS AND CONDITIONS FOR 2024
EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) AND LOCAL EMERGENCY
MANAGEMENT SUPPORT (LEMS) PROGRAM FUNDING
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of November, A.D., 2024, nunc pro tunc January 1, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTYLORAUO
ATTEST: G1;
Weld County Clerk to the Board
• uJClit u''1(1
Deputy Clerk to the Board
ounty Att y
Date of signature: ' 1f ?'6I f
Kevi
Perry L. Bu
oss, Chair
‘3i/Va _
Pro-Tem
2024-3052
EM0021
C brrl,-ac11b8341
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: 2024 EMPG Award Letters
DEPARTMENT: OEM
PERSON REQUESTING: Roy Rudisill
DATE: Nov 5, 2024
Brief description of the problem/issue: Commissioners, attached are two award letters from the State for the
2024 Emergency Management Performance Grant. These letters document the Small Dollar Grant Award from
the State to Weld County in the amount of 91,496.00.
These funds support the Emergency Management Program in the areas of planning, training, exercises,
mitigation and response. The Board approve the grant application in Dec of 2023.
I'm requesting the Board allow me to schedule these items for a BOCC meeting for a formal acceptance of the
grant dollars.
What options exist for the Board? Approve request, and accept the awards.
Consequences: None
Impacts: This funding supports the OEM budget.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Recommendation: Allow items to be added to the Board's agenda for formal approval
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross , Chair
Lori Seine
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
flo
2024-3052
1�l EMOOZ(
STATE OF COLORADO
Department of Public Safety
•
RDER
Number:
Date: 5/24/24
Description:
Weld County - EMPG24 - 23EM-24-15 - Q1, Q2 - New
POGG1,RFAA,202400003739
Effective Date: 01/01/24
Ex ' iration Date: 03/31/25
1UYER
Buyer:
Email:
VENDOR
WELD COUNTY
Emergency Management
1150 O St
Greeley, CO 80632
Contact: Roy Rudisill. Director
Phone: 1
VENDOR INSTRUCTIONS
XTENDED DESCRIPTION
Page 1 of 1
*****IMPORTANT*****
The order number and line number must appear on all
invoices, packing slips, cartons, and correspondence.
ILL TO
DIVISION OF HOMELAND SECURITY
9195 E MINERAL AVE. SUITE 200
CENTENNIAL, CO 80112
HIP TO
DIVISION OF HOMELAND SECURITY
9195 E MINERAL AVE. SUITE 200
CENTENNIAL, CO 80112
HIPPING INSTRUCTIONS
Delivery/Install Date:
FOB:
5/23/2024 - 1\ JO ( ounty - EMPG24 - 23EM-24-15 - Q1, Q2 - New
Line Item Commodity/Item Code UOM QTY Unit Cost Total Cost MSDS Req.
Mill 0 0.00 $45,748.00 ❑
Description: Grant Commodity - Federal
Actual Expiration Date is 12/31/2024
Service From: 01/01 ?4
Service To: 12/31/24
TERMS AND CONDITIONS
https://www.colorado.gov/osc/purchase-order-terms-conditions
DOCUMENT TOTAL = S45.748.00
COLORADO
Division of Homeland Security
b Emergency Management
Department of Public Safety
Office of Emergency Management
9195 E. Mineral Avenue, Suite 200
Centennial, CO 80112
Roy Rudisill
Director
Weld County
1150 O Street
Greeley, CO 80631
May 6, 2024
Re: Grant Award 23EM-24-15 of the 2024 Emergency Management Performance Grant Program
Dear Roy Rudisill,
The Colorado Division of Homeland Security Et Emergency Management (DHSEM) is pleased to inform
you that your application for funding pursuant to the 2024 Emergency Management Performance Grant
Program (EMPG) is approved in the partial amount of $91,496.00 (funding source: $45,748.00 of
Federal funds and $45,748.00 Local funds). Included with this Award Letter is the Statement of Work
(SOW) and terms and conditions for this grant award.
Please take note of the following requirements effective January 1, 2024. All supporting
documentation will accompany Requests for Reimbursement (RFRs) for EMPG awards as outlined in the
attached SOW §§3.2.1 and 3.2.2, and as described on page 5 in the 2024 EMPG Guidance document.
Delays to reimbursements as a result of missing documentation will occur until documentation
requirements are satisfied.
1) Certified time card for 100% EMPG funded staff or signed Job Description with proof of
payment.
a) Print out from the accounting system (i.e. General Ledger)
b) Print out from the payroll system
2) All other backup documents will be required with proof of payment
a) Invoice
b) Print out from the account
The requirements of part one (1) above are found in the Federal Regulations under Title 2 Code of
Federal Regulations (CFR) Part 200.430 Compensation -personal services. The following link is directly
to the Federal Guidance section:
OMB Guidance Section 200.430 Compensation -Personal Services
700 Kipling Street, Lakewood, CO 80215 I www.colorado.Rov/publicsafetv
COLORADO
Department of Public Safety
Jared Polls, Governor I Stan Hilkey, Executive Director
a Division of Homeland Security
b Emergency Management
Department of Public Safety
The project funds partially awarded is based on the project description provided in the application
and outlined in the following table:
Project Activity/Line Item
Federal Share
Required Non -Federal
Local Share
Total Project
I \lf'C( \.,,,,,,,, icc.
-( .- 1H.MMH1
$ Th.-49 rni
$ 91.496.00
TOTAL GRANT AWARD
$ 45,748.00
$ 45,748.00
$ 91,496.00
DHSEM will issue your grant award as a Small Dollar Grant Agreement (SDGA). The issuance of the
SDGA functions like a 'purchase order' for RFRs in the State financial system, and does not require
original signatures on a formal agreement from your approving authorities.
DHSEM will issue the completed SDGA and terms and conditions for your grant award to you. If your
organization has updated or changed W-9 or banking information, new forms are required to update
our financial system.
The period of performance for the 2024 EMPG SDGA is from January 1, 2024 to December 31, 2024.
All requests for reimbursements must cover work completed, or expenditures claimed, within this
period of performance as outlined in the SOW.
For questions regarding your SDGA or the 2024 EMPG, please contact your assigned Field Manager or
Charina Velasquez at (303) 552-6147 or Charina.Velasquez®state.co.us. Congratulations on your award
and thank you for your interest in this grant award program.
Sincerely,
Trevor Denney
Field Operations Manager
Colorado Department of Public Safety
Division of Homeland Security and Emergency Management
CC: File
COLORADO
Department of Public Safety
700 Kipling Street, Lakewood, CO 80215 I www.colorado.gov/publicsafety
Jared Polls, Governor I Stan Hilkey, Executive Director
COLORADO
STATEMENT OF WORK
State Agency
Department of Public Safety
Grant Maximum Amount
$45,748.00
Grantee
Board of County Commissioners of Weld County
Grantee UEI
MKKXT9U9MTV5
Grantee Matching Funds Amount
$45,748.00
Grantee SDGA Issuance Date
January 1, 2024
Small Dollar Grant Agreement Number:
23EM-24-15
Grantee SDGA Expiration Date
December 31, 2024
Federal Award Information Section 1
Federal Award ID # (FAIN): EMD-2022-EP-00004 Federal Award Date: August 25, 2022
Name of Federal Awarding Agency DHS / FEMA Federal Award Expiration: September 30, 2024
Assistance Listing (CFDA): 97.042 Emergency Management Performance Grant
Identification if the Award is for R&D: No
Federal Award Information Section 2
Federal Award ID # (FAIN): EMD-2023-EP-00004 Federal Award Date: August 22, 2023
Name of Federal Awarding Agency DHS / FEMA Federal Award Expiration: September 30, 2025
Assistance Listing (CFDA): 97.042 Emergency Management Performance Grant
Identification if the Award is for R&D: No
Grant Authority
Federal Authority to enter into this Grant exists in Section 662 of the Post -Katrina Emergency Management Reform
Act of 2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (6 U.S.C. §762); the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, as amended (Pub. L. No. 93-288) (42 U.S.C. §§5121 et seq.); the Earthquake Hazards
Reduction Act of 1977, as amended (Pub. L. No. 95-124) (42 U.S.C. §§7701 et seq.); and the National Flood
Insurance Act of 1968, as amended (Pub. L. No. 90448) (42 U.S.C. §§4001 et seq.).
State Authority: to enter this Grant exists in CRS §24-1-128.6.
1. GENERAL DESCRIPTION OF THE PROJECT(S).
1.1 Project Description. Work Plan — Grantee will carry -out and work diligently to complete the
tasks in their approved annual work plan. These tasks are listed by Emergency Management
Function in the work plan document and are part of the annual Emergency Management
Performance Grant/Local Emergency Management Support (EMPG/LEMS) Program
Application along with the Staffing Pattern/Personnel, Program Budget and other required
forms. Subrecipient will execute and complete the projects as specified and outlined in their
approved 2024 application.
1.2 Project Period of Performance. This 2024 Emergency Management Performance Grant
(EMPG) Small Dollar Grant Award (SDGA) is funded with 2022/2023 EMPG funds for the
period of performance from January 1, 2024 to December 31, 2024 exclusively for the
reimbursement of eligible project expenditures during the performance period only. All requests
for reimbursements must cover work completed, or expenditures claimed, within this period of
performance.
EMPG 2024
Encumbrance #: 23EM-24-15
Version 12.2023
Page 1 of 6 Statement of Work
1.3 Project Expenses. Eligible project expenses for the EMPG grant award for reimbursement are
allowable by Federal authority beginning on the Grantee Issuance Date and ending on the
Grantee Expiration Date outlined in the table above.
Project expenses include costs for salaries and benefits for Grantee's emergency manager and
emergency management staff, travel, emergency management office operating costs, and the
costs associated with emergency management exercises, training, and planning activities.
Eligible project expenses are reimbursed upon submission and approval of the quarterly request
for reimbursement form and supporting documentation. No more than 5% of this Grant may be
used for Management and Administration (M&A) costs. Note: salaries of local emergency
managers are not typically categorized as M&A, unless the local Emergency Management
Agency (EMA) chooses to assign personnel to specific M&A activities. Additional specific
eligible and ineligible cost information is listed in the FY 2024 EMPG Notice of Funding
Opportunity found online. All eligible expenses are listed in the budget agreement amount table
of §7 of this Statement of Work (SOW).
1.4 Non -Federal Match: This non-federal match section applies to this Grant. This Grant requires
a non-federal match contribution of 50% of the total Grant budget. Documentation of
expenditures for the non-federal match contribution is required with each drawdown request. If
applicable the match may include in -kind match.
2. PRINCIPAL REPRESENTATIVES:
For the State:
Trevor Denney, Field Operations Manager
Department of Public Safety,
Division of Homeland Security & Emergency Management
9195 East Mineral Avenue, Suite 200
Centennial, CO 80112
Trevor.Denney@state.co.us
For Grantee:
Roy Rudisill, Director
Weld County
1150 O Street
Greeley, CO 80631
RRudisill@weldgov.com
3. ADMINISTRATIVE REQUIREMENTS:
3.1 The Grantee must request approval in advance for any change to this Grant Agreement, using
the forms and procedures established by the Colorado Department of Public Safety, Division of
Homeland Security and Emergency Management (DHSEM).
3.2 Required Documentation: Grantees shall retain all procurement and payment documentation
on site for inspection. Compliance with the Office of Management and Budget (OMB)
regulations, Title 2 Code of Federal Regulations (CFR), Subpart D, Part 200.334 Retention
requirements for records, is required under this subaward. Grantees shall retain all procurement,
payment, and award documentation on site for inspection for three years after the Federal Award
is closed by the DHSEM. The DHSEM anticipates the minimum retention date for the EMPG
grant program of December 30, 2028, or thereafter, and is subject to change.
Retained records shall include, but not be limited to, purchase orders, receiving documents,
invoices, vouchers, equipment/services identification, time and effort reports, grant award
documents, letters from DHSEM, and requests for reimbursement forms.
EMPG 2024 Version 12.2023
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Page 2 of 6 Statement of Work
Sufficient detail shall be provided with reimbursement requests to demonstrate that expenses are
allowable and appropriate as detailed in the following sections.
3.2.1 Detailed backup documentation for salaries and benefits. In accordance with the
Office of Management and Budget (OMB) regulations, Title 2 Code of Federal
Regulations (CFR) Part 200.430 Compensation —personal services. Certified time cards
for 100% EMPG funded staff, or signed Job Descriptions, with proof of payment must
accompany requests for reimbursement (RFRs) under this award. For further reference,
please visit:
OMB Guidance Section 200.430 Compensation -Personal Services
3.2.2 Supporting documentation for all expenses requested for reimbursement. Grantee
shall ensure all proper supporting documentation is provided to validate expenses
requested for reimbursement. Delays on reimbursements as a result of missing
documentation will occur until documentation requirements are satisfied. The DHSEM
reserves the right to request additional documentation and information as needed and
necessary for processing requests. Supporting documentation should include, but is not
limited to:
3.2.2.1 Invoices, receipts, approved travel reimbursement forms, or forms showing
prior approval obtained for specified expenses, attendance forms, after action
reports/process improvement plans, etc., and
3.2.2.2 Proof of payment for all expenses requested for reimbursement, such as credit
card statements; general ledgers which show payee name, date paid, check
numbers (if applicable), transaction number, and amount; cancelled check
copies; bank statements printed receipts showing payment method used; etc.
All proof of payment documents containing sensitive information should be
redacted if not applicable to the expenses being supported. The DHSEM
maintains sensitive documents on secured servers to protect information.
3.3 Equipment or tangible goods. When requesting reimbursement for equipment items with a
purchase price of or exceeding $5,000, and a useful life of more than one year, the Grantee shall
provide a unique identifying number for the equipment, with a copy of the Grantee's invoice and
proof of payment. The unique identifying number can be the manufacturer's serial number or,
if the Grantee has its own existing inventory numbering system, that number may be used. The
location of the equipment shall also be provided. In addition to ongoing tracking requirements,
Grantee shall ensure that equipment items with per unit cost of $5,000 or more are prominently
marked in a manner similar to the following:
Purchased with funds provided by the U.S. Department of Homeland Security.
3.3.1 Services. Grantees shall include contract/purchase order number(s) or employee names,
the date(s) the services were provided and the nature of the services.
3.4 Non -Supplanting Requirement: Grantees receiving federal financial assistance awards made
under programs that prohibit supplanting by law must ensure that federal funds do not replace
(supplant) funds that have been budgeted for the same purpose through non-federal sources.
EMPG 2024 Version 12.2023
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Paw 3 of 6 Statement of Work
3.5 Procurement: A Grantee shall ensure its procurement policies meet or exceed local, state, and
federal requirements. Grantees should refer to local, state, and federal guidance prior to making
decisions regarding competitive bids, sole source or other procurement issues. In addition:
3.5.1 Any sole source transaction in excess of $100,000 shall be approved in advance by the
DHSEM.
3.5.2 Grantees shall ensure that: (a) All procurement transactions, whether negotiated or
competitively bid, and without regard to dollar value, are conducted in a manner that
provides maximum open and free competition; (b) Grantee shall be alert to organizational
conflicts of interest and/or non-competitive practices among contractors that may restrict
or eliminate competition or otherwise restrain trade; (c) Contractors who develop or draft
specifications, requirements, statements of work, and/or Requests for Proposals (RFPs)
for a proposed procurement shall be excluded from bidding or submitting a proposal to
compete for the award of such procurement; and (d) Any request for exemption of item
a -c within this subsection shall be submitted in writing to, and be approved by the
authorized Grantee official.
3.5.3 Grantee shall verify Contractor(s) is/are not debarred from participation in state and
federal programs by reviewing contractor debarment information on SAM.gov.
3.5.4 When issuing requests for proposals, bid solicitations, and other published documents
describing projects or programs funded in whole or in part with these grant funds,
Grantee and Subgrantees shall use the following phrase in the request listing:
"This project was supported by grant #23EM-24-15, issued by the Colorado Division of
Homeland Security and Emergency Management."
3.5.5 Grantee shall ensure that no rights or duties exercised under this grant, or equipment
purchased with Grant Funds having a purchase value of $5,000 or more, are assigned
without the prior written consent of the DHSEM.
3.6 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications
Equipment or Services: Recipients and subrecipients of FEMA federal financial assistance are
subject to the prohibitions described in section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2
C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August
13, 2020, the statute —as it applies to FEMA recipients, subrecipients, and their contractors and
subcontractors —prohibits obligating or expending federal award funds on certain
telecommunications and video surveillance products and contracting with certain entities for
national security reason.
3.7 Additional Administrative Requirements: None.
3.7.1 Any funds used to support emergency communications activities should comply with the
FY SAFECOM Guidance on Emergency Communication Grants.
3.7.2 Federal Provision for "Buy America" Preference in FEMA Financial Assistance
Programs for Infrastructure. This section applies to this grant and must comply.
EMPG 2024 Version 12.2023
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3.7.3 All applicant agencies that own resources currently covered by the Colorado Resource
Typing Standards must agree to participate in the State's Emergency Resource Inventory
Report and update their information on a quarterly basis.
3.7.4 Regardless of exercise type or scope, After Action Reports/Improvement Plans are due
to the DHSEM within 45 days of the exercise. All funding related to exercises must be
managed and executed in accordance with the Homeland Security Exercise and
Evaluation Program (HSEEP), and must be National Incident Management System
(NIMS) compliant.
4. REPORTING REQUIREMENTS:
4.1 Quarterly Progress Reports. The project(s) approved in this Grant are to be completed on or
before the termination date stated on the agreement's Grant Award Letter and opening summary
table of this grant agreement. Grantee shall submit quarterly progress reports on financial and
programmatic status for each project identified in this agreement using the format provided by
DHSEM throughout the life of the grant.
Grantee shall include narrative and financial information describing project progress and
accomplishments, and/or any delays in meeting project objectives and expenditures, to date as
described in §4 of this SOW.
Reports shall be submitted in accordance with the schedule table below. The order of the
reporting period quarters below is irrelevant to the grant. Reports for the respective period are
due on or before the due dates listed below if the grant is open during the "report period" time,
and for every quarter that the grant remains open.
Report Period
January — March
April - June
July — September
October — December
Due Date
April 10
July 10
October 10
January 10
4.2 Final Reports: Grantee shall submit final progress reports that provide final financial
reconciliation and final cumulative grant/project accomplishments within 45 days of the end of
the project/grant period of performance. The final report may not include unliquidated
obligations and must indicate the exact balance of unobligated funds. The final reports may
substitute for the quarterly reports for the final quarter of the grant period.
If all projects are completed before the end of the grant period, the final report may be submitted
at any time during the period of performance. Further reports are not due after the DHSEM has
received, and sent notice of acceptance, of the final grant report.
5. PAYMENT:
5.1 Payment Schedule: Grantee shall submit requests for reimbursement using the DHSEM's
provided form, submission preference, and quarterly at minimum. One original or electronically
signed/submitted copy of the reimbursement request is due as outlined in the following table:
Report Period
January — March
Due Date'
April 30
EMPG 2024 Version 12.2023
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April- June
July — September
October _ December
July 31'
October 31
January 31
All requests shall be for eligible actual expenses incurred by Grantee within the allowable period
of performance in the SOW header table Grantee Award Issuance Date through the Grantee
Award Expiration Date, as described in detail in §1.2 of this SOW, and as outlined in the budget
table(s) in §7 of this SOW. Requests shall be accompanied by supporting documentation totaling
at least the amount requested for reimbursement and any required non-federal match contribution
as outlined in §3.2.1 and 3.2.2 of this SOW.
If any progress reports are delinquent at the time of a payment request, the DHSEM may
withhold such reimbursement until the required reports have been submitted.
5.2 Payment Amount: The maximum reimbursement will not exceed 50% of project expenses, and
the non-federal match shall be documented with every payment request. Excess match
documented and submitted with one reimbursement request shall be applied to subsequent
requests as necessary to maximize the allowable reimbursement.
6. TESTING AND ACCEPTANCE CRITERIA:
The DHSEM shall evaluate Project(s) through the review of Grantee submitted financial and progress
reports, and may also conduct on -site monitoring to determine whether the Grantee is meeting/has met
the performance goals, administrative standards, financial management, and other requirements of this
grant. The DHSEM will notify Grantee in advance of such on -site monitoring.
7. BUDGET AGREEMENT AMOUNT TABLE:
;; _-
r° �. ^;
3yk
EMPG Activities
$ 45,748.00
$ 45,748.00
$ 91,496.00
V
S
8. MODIFICATIONS
Any changes requested by the Grantee, or by the DHSEM, shall be made in writing. The DHSEM, in
good faith and sole discretion, can modify this agreement and shall notify Grantee in writing with a
letter of modification outlining any changes to this agreement with a modified SOW, and accompanied
with an Acceptance Letter of Modification for the Grantee to sign as approval of such changes and/or
modifications.
Only upon returning the Acceptance Letter of Modification, or further drawdowns of funds by the
Grantee after notification of modification is made in writing by the DHSEM, will the modifications
be deemed accepted by the Grantee in accordance with §3 of the attached Terms and Conditions of
this Small Dollar Grant Award (SDGA). Examples of the modification notification letter, modified
SOW, and Acceptance Letter of Modification are included.
EMPG 2024
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State of Colorado Small Dollar Grant Award Terms and Conditions
1. Offer/Acceptance. This Small Dollar Grant Award, together with these terms and conditions
(including, if applicable, Addendum 1: Additional Terms and Conditions for Information
Technology, and Addendum 2: Additional Terms and Conditions for Federal Provisions, below),
and any other attachments, exhibits, specifications, or appendices, whether attached or
incorporated by reference (collectively the "Agreement") shall represent the entire and exclusive
agreement between the State of Colorado, by and through the agency identified on the face of
the Small Dollar Grant Award ("State") and the Subrecipient identified on the face of the Small
Dollar Grant Award ("Grantee"). If this Agreement refers to Grantee's bid or proposal, this
Agreement is an ACCEPTANCE of Grantee's OFFER TO PERFORM in accordance with the
terms and conditions of this Agreement. If a bid or proposal is not referenced, this Agreement is
an OFFER TO ENTER INTO AGREEMENT, subject to Grantee's acceptance, demonstrated by
Grantee's beginning performance or written acceptance of this Agreement. Any COUNTER-
OFFER automatically CANCELS this Agreement, unless a change order is issued by the State
accepting a counter-offer. Except as provided herein, the State shall not be responsible or liable
for any Work performed prior to issuance of this Agreement. The State's financial obligations to
the Grantee are limited by the amount of Grant Funds awarded as reflected on the face of the
Small Dollar Grant Award.
2. Order of Precedence. In the event of a conflict or inconsistency within this Agreement, such
conflict or inconsistency shall be resolved by giving preference to the documents in the following
order of priority: (1) If applicable, Addendum 2: Additional Terms and Conditions for Federal
Provisions, below; (2) the Small dollar Grant Award document; (3) these terms and conditions
(including, if applicable, Addendum 1 below); and (4) any attachments, exhibits, specifications,
or appendices, whether attached or incorporated by reference. Notwithstanding the above, if
this Agreement has been funded, in whole or in part, with a Federal Award, in the event of a
conflict between the Federal Grant and this Agreement, the provisions of the Federal Grant shall
control. Grantee shall comply with all applicable Federal provisions at all times during the term
of this Agreement. Any terms and conditions included on Grantee's forms or invoices not
included in this Agreement are void.
3. Changes. Once accepted in accordance with §1, this Agreement shall not be modified,
superseded or otherwise altered, except in writing by the State and accepted by Grantee.
4. Definitions. The following terms shall be construed and interpreted as follows: (a) "Award"
means an award by a Recipient to a Subrecipient; (b) "Budget" means the budget for the Work
described in this Agreement; (c) "Business Day" means any day in which the State is open and
conducting business, but shall not include Saturday, Sunday or any day on which the State
observes one of the holidays listed in CRS §24-11-101(1); (d) "UCC" means the Uniform
Commercial Code in CRS Title 4; (e) "Effective Date" means the date on which this Agreement
is issued as shown on the face of the Small Dollar Grant Award; (f) "Federal Award" means an
award of federal financial assistance or a cost -reimbursement contract, , by a Federal Awarding
Agency to the Recipient. "Federal Award" also means an agreement setting forth the terms and
conditions of the Federal Award, which terms and conditions shall flow down to the Award unless
such terms and conditions specifically indicate otherwise. The term does not include payments
to a vendor or payments to an individual that is a beneficiary of a Federal program; (g) "Federal
Awarding Agency" means a Federal agency providing a Federal Award to a Recipient; (h)
"Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Agreement; (i) "Matching Funds"
mean the funds provided by the Grantee to meet cost sharing requirements described in this
Page 1 of 9
Effective Date: 12/26/2023
State of Colorado Small Dollar Grant Award Terms and Conditions
Agreement; (j) "Recipient" means the State agency identified on the face of the Small Dollar
Grant Award; (k) "Subcontractor" means third parties, if any, engaged by Grantee to aid in
performance of the Work; (I) "Subrecipient" means a non -Federal entity that receives a sub -
award from a Recipient to carry out part of a program, but does not include an individual that is
a beneficiary of such program; (m) "Uniform Guidance" means the Office of Management and
Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, identified as the 2 C.F.R. (Code of Federal Regulations) Part 200, commonly
known as the "Super Circular," which supersedes requirements from OMB Circulars A-21, A-87,
A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular a-50 on Single Audit Act
follow-up; and (n) "Work" means the goods delivered or services, or both, performed pursuant
to this Agreement and identified as Line Items on the face of the Small Dollar Grant Award.
5. Delivery. Grantee shall furnish the Work in strict accordance with the specifications and price
set forth in this Agreement. The State shall have no liability to compensate Grantee for the
performance of any Work not specifically set forth in the Agreement.
6. Rights to Materials. [Not Applicable to Agreements issued either in whole in part for
Information Technology, as defined in CRS § 24-37.5-102(2); in which case Addendum 1
§2 applies in lieu of this section.] Unless specifically stated otherwise in this Agreement, all
materials, including without limitation supplies, equipment, documents, content, information, or
other material of any type, whether tangible or intangible (collectively "Materials"), furnished by
the State to Grantee or delivered by Grantee to the State in performance of its obligations under
this Agreement shall be the exclusive property the State. Grantee shall return or deliver all
Materials to the State upon completion or termination of this Agreement.
7. Grantee Records. Grantee shall make, keep, maintain, and allow inspection and monitoring by
the State of a complete file of all records, documents, communications, notes and other written
materials, electronic media files, and communications, pertaining in any manner to the Work
(including, but not limited to the operation of programs) performed under this Agreement
(collectively "Grantee Records"). Unless otherwise specified by the State, the Grantee shall
retain Grantee Records for a period (the "Record Retention Period") of three years following the
date of submission to the State of the final expenditure report, or if this Award is renewed
quarterly or annually, from the date of the submission of each quarterly or annual report,
respectively. If any litigation, claim, or audit related to this Award starts before expiration of the
Record Retention Period, the Record Retention Period shall extend until all litigation, claims or
audit finding have been resolved and final action taken by the State or Federal Awarding
Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight, or indirect
costs, and the State, may notify Grantee in writing that the Record Retention Period shall be
extended. For records for real property and equipment, the Record Retention Period shall
extend three years following final disposition of such property. Grantee shall permit the State,
the federal government, and any other duly authorized agent of a governmental agency to audit,
inspect, examine, excerpt, copy and transcribe Grantee Records during the Record Retention
Period. Grantee shall make Grantee Records available during normal business hours at
Grantee's office or place of business, or at other mutually agreed upon times or locations, upon
no fewer than two Business Days' notice from the State, unless the State determines that a
shorter period of notice, or no notice, is necessary to protect the interests of the State. The
State, in its discretion, may monitor Grantee's performance of its obligations under this
Agreement using procedures as determined by the State. The federal government and any other
duly authorized agent of a governmental agency, in its discretion, Grantee shall allow the State
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State of Colorado Small Dollar Grant Award Terms and Conditions
to perform all monitoring required by the Uniform Guidance, based on the State's risk analysis
of Grantee and this Agreement, and the State shall have the right, in its discretion, to change its
monitoring procedures and requirements at any time during the term of this Agreement. The
State will monitor Grantee's performance in a manner that does not unduly interfere with
Grantee's performance of the Work. Grantee shall promptly submit to the State a copy of any
final audit report of an audit performed on Grantee Records that relates to or affects this
Agreement or the Work, whether the audit is conducted by Grantee, a State agency or the
State's authorized representative, or a third party. If applicable, the Grantee may be required to
perform a single audit under 2 CFR 200.501, et seq. Grantee shall submit a copy of the results
of that audit to the State within the same timelines as the submission to the federal government.
8. Reporting. If Grantee is served with a pleading or other document in connection with an action
before a court or other administrative decision making body, and such pleading or document
relates to this Agreement or may affect Grantee's ability to perform its obligations under this
Agreement, Grantee shall, within 10 days after being served, notify the State of such action and
deliver copies of such pleading or document to the State. Grantee shall disclose, in a timely
manner, in writing to the State and the Federal Awarding Agency, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award.
The State or the Federal Awarding Agency may impose any penalties for noncompliance
allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation,
suspension or debarment.
9. Conflicts of Interest. Grantee acknowledges that with respect to this Agreement, even the
appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior
written approval, Grantee shall refrain from any practices, activities, or relationships that
reasonably may appear to be in conflict with the full performance of Grantee's obligations to the
State under this Agreement. If a conflict or appearance of a conflict of interest exists, or if
Grantee is uncertain as to such, Grantee shall submit to the State a disclosure statement setting
forth the relevant details for the State's consideration. Failure to promptly submit a disclosure
statement or to follow the State's direction in regard to the actual or apparent conflict constitutes
a breach of this Agreement. Grantee certifies that to their knowledge, no employee of the State
has any personal or beneficial interest whatsoever in the service or property described in this
Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect, that
would conflict in any manner or degree with the performance of Grantee's Services and Grantee
shall not employ any person having such known interests. Grantee acknowledges that all State
employees are subject to the ethical principles described in §24-18-105, C.R.S. Grantee further
acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S.
with regard to this Grant.
10.Taxes. The State is exempt from federal excise taxes and from State and local sales and use
taxes. The State shall not be liable for the payment of any excise, sales, of use taxes imposed
on Grantee. A tax exemption certificate will be made available upon Grantee's request. Grantee
shall be solely responsible for any exemptions from the collection of excise, sales or use taxes
that Grantee may wish to have in place in connection with this Agreement.
11. Payment. Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds.
The State shall not pay Grantee any amount under this Agreement that exceeds the Document
Total shown on the face of the Small Dollar Grant Award. The State shall pay Grantee in the
amounts and in accordance with the schedule and other conditions set forth in this Agreement.
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State of Colorado Small Dollar Grant Award Terms and Conditions
Grantee shall initiate payment requests by invoice to the State, in a form and manner approved
by the State. The State shall pay Grantee for all amounts due within 45 days after receipt of an
Awarding Agency's approved invoicing request, or in instances of reimbursement grant
programs a request for reimbursement, compliant with Generally Accepted Accounting
Principles (GAAP) and, if applicable Government Accounting Standards Board (GASB) of
amount requested. Amounts not paid by the State within 45 days of the State's acceptance of
the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate set
forth in CRS §24-30-202(24) until paid in full. Interest shall not accrue if a good faith dispute
exists as to the State's obligation to pay all or a portion of the amount due. Grantee shall invoice
the State separately for interest on delinquent amounts due, referencing the delinquent
payment, number of day's interest to be paid, and applicable interest rate. The acceptance of
an invoice shall not constitute acceptance of any Work performed under this Agreement. Except
as specifically agreed in this Agreement, Grantee shall be solely responsible for all costs,
expenses, and other charges it incurs in connection with its performance under this Grantee.
12.Term. The parties' respective performances under this Agreement shall commence on the
"Service From" date identified on the face of the Small Dollar Grant Award, unless otherwise
specified, and shall terminate on the "Service To" date identified on the face of the Small Dollar
Grant Award unless sooner terminated in accordance with the terms of this Agreement.
13. Payment Disputes. If Grantee disputes any calculation, determination or amount of any
payment, Grantee shall notify the State in writing of its dispute within 30 days following the earlier
to occur of Grantee's receipt of the payment or notification of the determination or calculation of
the payment by the State. The State will review the information presented by Grantee and may
make changes to its determination based on this review. The calculation, determination or
payment amount that results from the State's review shall not be subject to additional dispute
under this subsection. No payment subject to a dispute under this subsection shall be due until
after the State has concluded its review, and the State shall not pay any interest on any amount
during the period it is subject to dispute under this subsection.
14. Matching Funds. Grantee shall provide Matching Funds, if required by this Agreement. If
permitted under the terms of the grant and per this Agreement, Grantee may be permitted to
provide Matching Funds prior to or during the course of the project or the match will be an in -
kind match. Grantee shall report to the State regarding the status of such funds upon request.
Grantee's obligation to pay all or any part of any Matching Funds, whether direct or contingent,
only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the
authorized representatives of Grantee and paid into Grantee's treasury or bank account.
Grantee represents to the State that the amount designated "Grantee's Matching Funds"
pursuant to this Agreement, has been legally appropriated for the purposes of this Agreement
by its authorized representatives and paid into its treasury or bank account. Grantee does not
by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years,
and this Agreement is not intended to create a multiple -fiscal year debt of Grantee. Grantee
shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any
nature, except as required by Grantee's laws or policies.
15. Reimbursement of Grantee Costs. If applicable, the State shall reimburse Grantee's allowable
costs, not exceeding the maximum total amount described in this Agreement for all allowable
costs described in the grant except that Grantee may adjust the amounts between each line
item of the Budget without formal modification to this Agreement as long as the Grantee provides
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State of Colorado Small Dollar Grant Award Terms and Conditions
notice to, and received approval from the State of the change, the change does not modify the
total maximum amount of this Agreement, and the change does not modify any requirements of
the Work. If applicable, the State shall reimburse Grantee for the properly documented allowable
costs related to the Work after review and approval thereof, subject to the provisions of this
Agreement. However, any costs incurred by Grantee prior to the Effective Date shall not be
reimbursed absent specific allowance of pre -award costs. Grantee's costs for Work performed
after the "Service To" date identified on the face of the Small Dollar Grant Award, or after any
phase performance period end date for a respective phase of the Work, shall not be
reimbursable. The State shall only reimburse allowable costs described in this Agreement and
shown in the Budget if those costs are (a) reasonable and necessary to accomplish the Work,
and (b) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value
received by Grantee that reduce the costs actually incurred).
16.Close-Out. Grantee shall close out this Award within 45 days after the "Service To" date
identified on the face of the Small Dollar Grant Award, including any modifications. To complete
close-out, Grantee shall submit to the State all deliverables (including documentation) as
defined in this Agreement and Grantee's final reimbursement request or invoice. In accordance
with the Agreement, the State may withhold a percentage of allowable costs until all final
documentation has been submitted and accepted by the State as substantially complete.
17.Assignment. Grantee's rights and obligations under this Agreement may not be transferred or
assigned without the prior, written consent of the State and execution of a new agreement. Any
attempt at assignment or transfer without such consent and new agreement shall be void. Any
assignment or transfer of Grantee's rights and obligations approved by the State shall be subject
to the provisions of this Agreement.
18.Subcontracts. Grantee shall not enter into any subcontract in connection with its obligations
under this Agreement without the prior, written approval of the State. Grantee shall submit to
the State a copy of each subcontract upon request by the State. All subcontracts entered into
by Grantee in connection with this Agreement shall comply with all applicable federal and state
laws and regulations, shall provide that they are governed by the laws of the State of Colorado,
and shall be subject to all provisions of this Agreement.
19.Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect
the validity or enforceability of any other provision of this Agreement, which shall remain in full
force and effect, provided that the Parties can continue to perform their obligations in
accordance with the intent of the Agreement.
20.Survival of Certain Agreement Terms. Any provision of this Agreement that imposes an
obligation on a party after termination or expiration of the Agreement shall survive the
termination or expiration of the Agreement and shall be enforceable by the other party.
21.Third Party Beneficiaries. Except for the parties' respective successors and assigns, this
Agreement does not and is not intended to confer any rights or remedies upon any person or
entity other than the Parties. Enforcement of this Agreement and all rights and obligations
hereunder are reserved solely to the parties. Any services or benefits which third parties receive
as a result of this Agreement are incidental to the Agreement, and do not create any rights for
such third parties.
22.Waiver. A party's failure or delay in exercising any right, power, or privilege under this
Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall
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State of Colorado Small Dollar Grant Award Terms and Conditions
any single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
23. Indemnification. [Not Applicable to Inter -governmental agreements] Grantee shall
indemnify, save, and hold harmless the State, its employees, agents and assignees (the
"Indemnified Parties"), against any and all costs, expenses, claims, damages, liabilities, court
awards and other amounts (including attorneys' fees and related costs) incurred by any of the
Indemnified Parties in relation to any act or omission by Grantee, or its employees, agents,
Subcontractors, or assignees in connection with this Agreement. This shall include, without
limitation, any and all costs, expenses, claims, damages, liabilities, court awards and other
amounts incurred by the Indemnified Parties in relation to any claim that any work infringes a
patent, copyright, trademark, trade secret, or any other intellectual property right or any claim
for loss or improper disclosure of any confidential information or personally identifiable
information. If Grantee is a public agency prohibited by applicable law from indemnifying any
party, then this section shall not apply.
24. Notice. All notices given under this Agreement shall be in writing, and shall be delivered to the
contacts for each party listed on the face of the Small Dollar Grant Award. Either party may
change its contact or contact information by notice submitted in accordance with this section
without a formal modification to this Agreement.
25. Insurance. Except as otherwise specifically stated in this Agreement or any attachment or
exhibit to this Agreement, Grantee shall obtain and maintain insurance as specified in this
section at all times during the term of the Agreement: (a) workers' compensation insurance as
required by state statute, and employers' liability insurance covering all Grantee employees
acting within the course and scope of their employment, (b) Commercial general liability
insurance written on an Insurance Services Office occurrence form, covering premises
operations, fire damage, independent vendors, products and completed operations, blanket
contractual liability, personal injury, and advertising liability with minimum limits as follows:
$1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and
completed operations aggregate; and $50,000 any one fire, and (c) Automobile liability
insurance covering any auto (including owned, hired and non -owned autos) with a minimum
limit of $1,000,000 each accident combined single limit. If Grantee will or may have access to
any protected information, then Grantee shall also obtain and maintain insurance covering loss
and disclosure of protected information and claims based on alleged violations of privacy right
through improper use and disclosure of protected information with limits of $1,000,000 each
occurrence and $1,000,000 general aggregate at all times during the term of the Small Dollar
Grant Award. Additional insurance may be required as provided elsewhere in this Agreement or
any attachment or exhibit to this Agreement. All insurance policies required by this Agreement
shall be issued by insurance companies with an AM Best rating of A -VIII or better. If Grantee is
a public agency within the meaning of the Colorado Governmental Immunity Act, then this
section shall not apply and Grantee shall instead comply with the Colorado Governmental
Immunity Act. 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.
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State of Colorado Small Dollar Grant Award Terms and Conditions
26.Termination Prior to Grantee Acceptance. If Grantee has not begun performance under this
Agreement, the State may cancel this Agreement by providing written notice to the Grantee.
27.Termination for Cause. If Grantee refuses or fails to timely and properly perform any of its
obligations under this Agreement with such diligence as will ensure its completion within the
time specified in this Agreement, the State may notify Grantee in writing of non-performance
and, if not corrected by Grantee within the time specified in the notice, terminate Grantee's right
to proceed with the Agreement or such part thereof as to which there has been delay or a failure.
Grantee shall continue performance of this Agreement to the extent not terminated. Grantee
shall be liable for excess costs incurred by the State in procuring similar Work and the State
may withhold such amounts, as the State deems necessary. If after rejection, revocation, or
other termination of Grantee's right to proceed under the Colorado Uniform Commercial Code
(CUCC) or this clause, the State determines for any reason that Grantee was not in default or
the delay was excusable, the rights and obligations of the State and Grantee shall be the same
as if the notice of termination had been issued pursuant to termination under §28.
28.Termination in Public Interest. The State is entering into this Agreement for the purpose of
carrying out the public interest of the State, as determined by its Governor, General Assembly,
Courts, or Federal Awarding Agency. If this Agreement ceases to further the public interest of
the State as determined by its Governor, General Assembly, Courts, or Federal Awarding
Agency, the State, in its sole discretion, may terminate this Agreement in whole or in part and
such termination shall not be deemed to be a breach of the State's obligations hereunder. This
section shall not apply to a termination for cause, which shall be governed by §27. A
determination that this Small Dollar Grant Award should be terminated in the public interest shall
not be equivalent to a State right to terminate for convenience. The State shall give written notice
of termination to Grantee specifying the part of the Agreement terminated and when termination
becomes effective. Upon receipt of notice of termination, Grantee shall not incur further
obligations except as necessary to mitigate costs of performance. The State shall pay the
Agreement price or rate for Work performed and accepted by State prior to the effective date of
the notice of termination. The State's termination liability under this section shall not exceed the
total Agreement price.
29.Termination for Funds Availability. The State is prohibited by law from making commitments
beyond the term of the current State Fiscal Year. Payment to Grantee beyond the current State
Fiscal Year is contingent on the appropriation and continuing availability of Grant Funds in any
subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from
any other non -State funds constitute all or some of the Grant Funds, the State's obligation to
pay Grantee shall be contingent upon such non -State funding continuing to be made available
for payment. Payments to be made pursuant to this Agreement shall be made only from Grant
Funds, and the State's liability for such payments shall be limited to the amount remaining of
such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this
Agreement, in whole or in part, without incurring further liability. The State shall, however, remain
obligated to pay for Work performed and accepted prior to the effective date of notice of
termination, and this termination shall otherwise be treated as if this Agreement were terminated
in the public interest as described in §28.
30.Grantee's Termination Under Federal Requirements. If the Grant Funds include any federal
funds, then Grantee may request termination of this Grant by sending notice to the State, or to
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State of Colorado Small Dollar Grant Award Terms and Conditions
the Federal Awarding Agency with a copy to the State, which includes the reasons for the
termination and the effective date of the termination. If this Grant is terminated in this manner,
then Grantee shall return any advanced payments made for Work that will not be performed
prior to the effective date of the termination.
31.Governmental Immunity. Liability for claims for injuries to persons or property arising from the
negligence of the State, its departments, boards, commissions committees, bureaus, offices,
employees and officials shall be controlled and limited by the provisions of the Colorado
Governmental Immunity Act, CRS §24-10-101, et seq., the Federal Tort Claims Act, 28 U.S.C.
Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, CRS §§24-
30-1501, et seq. No term or condition of this Agreement shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
32. Grant Recipient. Grantee shall perform its duties hereunder as a grant recipient and not as an
employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an
agent or employee of the State. Grantee shall not have authorization, express or implied, to bind
the State to any agreement, liability or understanding, except as expressly set forth herein.
Grantee and its employees and agents are not entitled to unemployment insurance or
workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head
taxes incurred pursuant to this Agreement. Grantee shall (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts
required by law, (b) provide proof thereof when requested by the State, and (c) be solely
responsible for its acts and those of its employees and agents.
33. Compliance with Law. Grantee shall comply with all applicable federal and State laws, rules,
and regulations in effect or hereafter established, including, without limitation, laws applicable
to discrimination and unfair employment practices.
34. Choice of Law, Jurisdiction and Venue. [Not Applicable to Inter -governmental
agreements] Colorado law, and rules and regulations issued pursuant thereto, shall be applied
in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be
null and void. All suits or actions related to this Agreement shall be filed and proceedings held
in the State of Colorado and exclusive venue shall be in the City and County of Denver. Any
provision incorporated herein by reference which purports to negate this or any other provision
in this Agreement in whole or in part shall not be valid or enforceable or available in any action
at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and
void by the operation of this provision or for any other reason shall not invalidate the remainder
of this Agreement, to the extent capable of execution. Grantee shall exhaust administrative
remedies in CRS §24-109-106, prior to commencing any judicial action against the State
regardless of whether the Colorado Procurement Code applies to this Agreement.
35. Prohibited Terms. Nothing in this Agreement shall be construed as a waiver of any provision
of CRS §24-106-109. Any term included in this Agreement that requires the State to indemnify
or hold Grantee harmless; requires the State to agree to binding arbitration; limits Grantee's
liability for damages resulting from death, bodily injury, or damage to tangible property; or that
conflicts with that statute in any way shall be void ab initio.
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ADDENDUM 1:
Additional Terms & Conditions for Information Technology
IF ANY PART OF THE SUBJECT MATTER OF THIS AGREEMENT IS INFORMATION
TECHNOLOGY, AS DEFINED IN CRS § 24-37.5-102 (2), THE FOLLOWING PROVISIONS
ALSO APPLY TO THIS AGREEMENT.
A. Definitions. The following terms shall be construed and interpreted as follows: (a) "CJI" means
criminal justice information collected by criminal justice agencies needed for the performance of
their authorized functions, including, without limitation, all information defined as criminal justice
information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy, as amended, and all Criminal Justice Records as defined
under CRS §24-72-302; (b) "Incident" means any accidental or deliberate event that results in
or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification,
disruption, or destruction of any communications or information resources of the State, pursuant
to CRS §§24-37.5-401 et seq.; (c) "PCI" means payment card information including any data
related to credit card holders' names, credit card numbers, or the other credit card information
as may be protected by state or federal law; (d) "PHI" means any protected health information,
including, without limitation any information whether oral or recorded in any form or medium that
relates to the past, present or future physical or mental condition of an individual; the provision
of health care to an individual; or the past, present or future payment for the provision of health
care to an individual; and that identifies the individual or with respect to which there is a
reasonable basis to believe the information can be used to identify the individual including,
without limitation, any information defined as Individually Identifiable Health Information by the
federal Health Insurance Portability and Accountability Act; (e) "PII" means personally
identifiable information including, without limitation, any information maintained by the State
about an individual that can be used to distinguish or trace an individual's identity, such as name,
social security number, date and place of birth, mother's maiden name, or biometric records,
including, without limitation, all information defined as personally identifiable information in CRS
§24-72-501.. "PII" shall also mean "personal identifying information" as set forth at § 24-74-102,
et. seq., C.R.S. ; (f) "State Confidential Information" means any and all State Records not
subject to disclosure under the Colorado Open Records Act and includes, without limitation, PII,
PHI, PCI, Tax Information, CJI, and State personnel records not subject to disclosure under the
Colorado Open Records Act, (g) "State Fiscal Rules" means those fiscal rules promulgated by
the Colorado State Controller pursuant to CRS §24-30-202(13)(a); (h) "State Fiscal Year"
means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of
the following calendar year; (i) "State Records" means any and all State data, information, and
records, regardless of physical form; (j) "Tax Information" means federal and State of Colorado
tax information including, without limitation, federal and State tax returns, return information, and
such other tax -related information as may be protected by federal and State law and regulation,
including, without limitation all information defined as federal tax information in Internal Revenue
Service Publication 1075; and (k) "Work Product" means the tangible and intangible results of
the delivery of goods and performance of services, whether finished or unfinished, including
drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, spectications, plans, notes, studies, data, images,
photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas,
concepts, know-how, information, and any otter results of the Work, but does not include any
Addendum 1 - Page 1 of 6
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ADDENDUM 1:
Additional Terms & Conditions for Information Technology
material that was developed prior to the Effective Date that is used, without modification, in the
performance of the Work.
B. Intellectual Property. Except to the extent specifically provided elsewhere in this Agreement,
any State information, including without limitation pre-existing State software, research, reports,
studies, data, photographs, negatives or other documents, drawings, models, materials; or Work
Product prepared by Grantee in the performance of its obligations under this Agreement shall
be the exclusive property of the State (collectively, "State Materials"). All State Materials shall
be delivered to the State by Grantee upon completion or termination of this Agreement. The
State's exclusive rights in any Work Product prepared by Grantee shall include, but not be
limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee
shall not use, willingly allow, cause or permit any State Materials to be used for any purpose
other than the performance of Grantee's obligations hereunder without the prior written consent
of the State. The State shall maintain complete and accurate records relating to (a) its use of all
Grantee and third party software licenses and rights to use any Grantee or third party software
granted under this Agreement and its attachments to which the State is a party and (b) all
amounts payable to Grantee pursuant to this Agreement and its attachments and the State's
obligations under this Agreement or any amounts payable to Grantee in relation to this
Agreement, which records shall contain sufficient information to permit Grantee to confirm the
State's compliance with the use restrictions and payment obligations under this Agreement or
to any third party use restrictions to which the State is a party. Grantee retains the exclusive
rights, title and ownership to any and all pre-existing materials owned or licensed to Grantee
including, but not limited to all pre-existing software, licensed products, associated source code,
machine code, text images, audio, video, and third party materials, delivered by Grantee under
the Agreement, whether incorporated in a deliverable or necessary to use a deliverable
(collectively, "Grantee Property"). Grantee Property shall be licensed to the State as set forth in
a State -approved license agreement (a) entered into as exhibits or attachments to this
Agreement, (b) obtained by the State from the applicable third party Grantee, or (c) in the case
of open source software, the license terms set forth in the applicable open source license
agreement. Notwithstanding anything to the contrary herein, the State shall not be subject to
any provision incorporated in any exhibit or attachment attached hereto, any provision
incorporated in any terms and conditions appearing on any website, any provision incorporated
into any click through or online agreements, or any provision incorporated into any other
document or agreement between the parties that (a) requires the State or the State to indemnify
Grantee or any other party, (b) is in violation of State laws, regulations, rules, State Fiscal Rules,
policies, or other State requirements as deemed solely by the State, or (c) is contrary to this
Agreement.
C. Information Confidentiality. Grantee shall keep confidential, and cause all Subcontractors to
keep confidential, all State Records, unless those State Records are publicly available. Grantee
shall not, without prior written approval of the State, use, publish, copy, disclose to any third
party, or permit the use by any third party of any State Records, except as otherwise stated in
this Agreement, permitted by law, or approved in writing by the State. If Grantee will or may
have access to any State Confidential Information or any other protected information, Grantee
shall provide for the security of all State Confidential Information in accordance with all
applicable laws, rules, policies, publications, and guidelines. Grantee shall comply with all
Addendum 1 - Page 2 of 6
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Additional Terms & Conditions for Information Technology
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 Grantee's performance under this Agreement. Such obligations may arise from:
Health Information Portability and Accountability Act (HIPAA); IRS Publication 1075; Payment
Card Industry Data Security Standard (PCI-DSS); FBI Criminal Justice Information Service
Security Addendum; Centers for Medicare & Medicaid Services (CMS) Minimum Acceptable
Risk Standards for Exchanges; and Electronic Information Exchange Security Requirements
and Procedures for State and Local Agencies Exchanging Electronic Information with The Social
Security Administration. Grantee shall immediately forward any request or demand for State
Records to the State's principal representative.
D. Other Entity Access and Nondisclosure Agreements. Grantee may provide State Records
to its agents, employees, assigns and Subcontractors as necessary to perform the work, but
shall restrict access to State Confidential Information to those agents, employees, assigns, and
Subcontractors who require access to perform their obligations under this Agreement. Grantee
shall ensure all such agents, employees, assigns, and Subcontractors sign agreements
containing nondisclosure provisions at least as protective as those in this Agreement, and that
the nondisclosure provisions are in force at all times the agent, employee, assign, or
Subcontractors has access to any State Confidential Information. Grantee shall provide copies
of those signed nondisclosure provisions to the State upon execution of the nondisclosure
provisions if requested by the State.
E. Use, Security, and Retention. Grantee shall use, hold, and maintain State Confidential
Information in compliance with any and all applicable laws and regulations only in facilities
located within the United States, and shall maintain a secure environment that ensures
confidentiality of all State Confidential Information. Grantee shall provide the State with access,
subject to Grantee's reasonable security requirements, for purposes of inspecting and
monitoring access and use of State Confidential Information and evaluating security control
effectiveness. Upon the expiration or termination of this Agreement, Grantee shall return State
Records provided to Grantee or destroy such State Records and certify to the State that it has
done so, as directed by the State. If Grantee is prevented by law or regulation from returning or
destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality
of, and cease to use, such State Confidential Information.
F. Incident Notice and Remediation. If Grantee becomes aware of any Incident, it shall notify the
State immediately and cooperate with the State regarding recovery, remediation, and the
necessity to involve law enforcement, as determined by the State. Unless Grantee can establish
none of Grantee or any of its agents, employees, assigns or Subcontractors are the cause or
source of the Incident, Grantee shall be responsible for the cost of notifying each person who
may have been impacted by the Incident. After an Incident, Grantee shall take steps to reduce
the risk of incurring a similar type of Incident in the future as directed by the State, which may
include, but is not limited to, developing and implementing a remediation plan that is approved
by the State at no additional cost to the State. The State may adjust or direct modifications to
this plan, in its sole discretion and Grantee shall make all modifications as directed by the State.
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If Grantee cannot produce its analysis and plan within the allotted time, the State, in its sole
discretion, may perform such analysis and produce a remediation plan, and Grantee shall
reimburse the State for the reasonable actual costs thereof.
G. Data Protection and Handling. Grantee shall ensure that all State Records and Work Product
in the possession of Grantee or any Subcontractors are protected and handled in accordance
with the requirements of this Agreement at all times. Upon request by the State made any time
prior to 60 days following the termination of this Agreement for any reason, whether or not this
Agreement is expiring or terminating, Grantee shall make available to the State a complete and
secure download file of all data that is encrypted and appropriately authenticated. This download
file shall be made available to the State within 10 Business Days following the State's request,
and shall contain, without limitation, all State Records, Work Product, and any other information
belonging to the State. Upon the termination of Grantee's services under this Agreement,
Grantee shall, as directed by the State, return all State Records provided by the State to
Grantee, and the copies thereof, to the State or destroy all such State Records and certify to the
State that it has done so. If legal obligations imposed upon Grantee prevent Grantee from
returning or destroying all or part of the State Records provided by the State, Grantee shall
guarantee the confidentiality of all State Records in Grantee's possession and will not actively
process such data. The State retains the right to use the established operational services to
access and retrieve State Records stored on Grantee's infrastructure at its sole discretion and
at any time.
H. Compliance. If applicable, Grantee shall review, on a semi-annual basis, all OIS policies and
procedures which OIS has promulgated pursuant to CRS §§ 24-37.5-401 through 406 and 8
CCR § 1501-5 and posted at https://oit.colorado.gov/standards-policies-guides/technical-
standards-policies, to ensure compliance with the standards and guidelines published therein.
Grantee shall cooperate, and shall cause its Subcontractors to cooperate, with the performance
of security audit and penetration tests by OIS or its designee.
I. Safeguarding PII. If Grantee or any of its Subcontractors will or may receive PII under this
Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable
to the State, including, without limitation, all State requirements relating to non -disclosure, use
of appropriate technology, security practices, computer access security, data access security,
data storage encryption, data transmission encryption, security inspections, and audits. Grantee
shall take full responsibility for the security of all PII in its possession or in the possession of its
Subcontractors, and shall hold the State harmless for any damages or liabilities resulting from
the unauthorized disclosure or loss thereof. Grantee shall be a "Third -Party Service Provider"
as defined in CRS §24-73-103(1)(i) and shall maintain security procedures and practices
consistent with CRS §§24-73-101 et seq. In addition, as set forth in § 24-74-102, et. seq.,
C.R.S., Vendor, including, but not limited to, Vendor's employees, agents and Subcontractors,
agrees not to share any PII with any third parties for the purpose of investigating for, participating
in, cooperating with, or assisting with Federal immigration enforcement. If Vendor is given direct
access to any State databases containing PII, Vendor 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 Vendor's duty shall continue as long
as Vendor has direct access to any State databases containing PII. If Vendor uses any
Subcontractors to perform services requiring direct access to State databases containing PII,
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Additional Terms & Conditions for Information Technology
the Vendor shall require such Subcontractors to execute and deliver the certification to the State
on an annual basis, so long as the Subcontractor has access to State databases containing PII.
J. Software Piracy Prohibition. The State or other public funds payable under this Agreement
shall not be used for the acquisition, operation, or maintenance of computer software in violation
of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and
warrants that, during the term of this Agreement and any extensions, Grantee has and shall
maintain in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Grantee is in violation of this provision, the State may exercise any
remedy available at law or in equity or under this Agreement, including, without limitation,
immediate termination of this Agreement and any remedy consistent with federal copyright laws
or applicable licensing restrictions.
K. Information Technology. To the extent that Grantee provides physical or logical storage of
State Records; Grantee creates, uses, processes, discloses, transmits, or disposes of State
Records; or Grantee is otherwise given physical or logical access to State Records in order to
perform Grantee's obligations under this Agreement, the following terms shall apply. Grantee
shall, and shall cause its Subcontractors, to: Provide physical and logical protection for all
hardware, software, applications, and data that meets or exceeds industry standards and the
requirements of this Agreement; Maintain network, system, and application security, which
includes, but is not limited to, network firewalls, intrusion detection (host and network), annual
security testing, and improvements or enhancements consistent with evolving industry
standards; Comply with State and federal rules and regulations related to overall security,
privacy, confidentiality, integrity, availability, and auditing; Provide that security is not
compromised by unauthorized access to workspaces, computers, networks, software,
databases, or other physical or electronic environments; Promptly report all Incidents, including
Incidents that do not result in unauthorized disclosure or loss of data integrity, to a designated
representative of the OIS; Comply with all rules, policies, procedures, and standards issued by
the Governor's Office of Information Technology (OIT), including project lifecycle methodology
and governance, technical standards, documentation, and other requirements posted at
https://oit.colorado.gov/standards-policies-quides/technical-standards-policies. Grantee shall
not allow remote access to State Records from outside the United States, including access by
Grantee's employees or agents, without the prior express written consent of OIS. Grantee shall
communicate any request regarding non-U.S. access to State Records to the State. The State,
acting by and through OIS, shall have sole discretion to grant or deny any such request.
L. Accessibility. Grantee shall comply with and the Work Product provided under this PO shall be
in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to
Section §24-85-103 (2.5), C.R.S. Grantee shall also comply with all State of Colorado
technology standards related to technology accessibility and with Level AA of the most current
version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of
Colorado technology standards. Grantee shall indemnify, save, and hold harmless the
Indemnified Parties against any and all costs, expenses, claims, damages, liabilities, court
awards and other amounts (including attorneys' fees and related costs) incurred by any of the
Indemnified Parties in relation to Grantee's failure to comply with §§24-85-101, et seq., C.R.S.,
or the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to
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Additional Terms & Conditions for Information Technology
Section §24-85-103 (2.5), C.R.S. The State may require Grantee's compliance to the State's
Accessibility Standards to be determined by a third party selected by the State to attest to
Grantee's Work Product and software is in compliance with §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to
Section §24-85-103 (2.5), C.R.S.
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Effective Date: 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 Grant to which these Federal Provisions are attached has been funded, in whole
or in part, with an Award of Federal funds. In the event of a conflict between the
provisions of these Federal Provisions, the Special Provisions, the body of the Grant,
or any attachments or exhibits incorporated into and made a part of the Grant, the
provisions of these Federal Provisions shall control.
1.2 These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal
or State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the
meanings ascribed to them below.
2.1.1. "Award" means an award of Federal financial assistance, and the Grant setting
forth the terms and conditions of that financial assistance, that a non -Federal
Entity receives or administers.
2.1.2. "Entity" means:
2.1.2.1. a Non -Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-proft organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or
Subaward to a non -Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. "Executive" means an officer, managing partner or any other employee in a
management position.
2.1.4. "Federal Awarding Agency" means a Federal agency providing a Federal Award
to a Recipient as described in 2 CFR 200.1
2.1.5. "Grant" means the Grant to which these Federal Provisions are attached.
2.1.6. "Grantee" means the party or parties identified as such in the Grant to which
these Federal Provisions are attached. Grantee also means Subrecipient.
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Additional Terms & Conditions for Federal Provisions
2.1.7. "Non -Federal Entity" means a State, local government, Indian tribe, institution of
higher education, or nonprofit organization that carries out a Federal Award as
a Recipient or a Subrecipient.
2.1.8. "Nonprofit Organization" means any corporation, trust, association, cooperative,
or other organization, not including IHEs, that:
2.1.8.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest;
2.1.8.2. Is not organized primarily for profit; and
2.1.8.3. Uses net proceeds to maintain, improve, or expand the operations of
the organization.
2.1.9. "OMB" means the Executive Office of the President, Office of Management and
Budget.
2.1.10. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to
a Subrecipient to carry out part of a Federal program.
2.1.11. "Recipient" means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are
attached.
2.1.12. "Subaward" means an award by a Recipient to a Subrecipient or a Contractor
funded in whole or in part by a Federal Award. The terms and conditions of the
Federal Award flow down to the Subaward unless the terms and conditions of
the Federal Award specifically indicate otherwise in accordance with 2 CFR
200.101. The term does not include payments to a contractor or payments to an
individual that is a beneficiary of a Federal program.
2.1.13. "Subrecipient" or "Subgrantee" means a non -Federal Entity (or a Federal agency
under an Award or Subaward to a non -Federal Entity) receiving Federal funds
through a Recipient to support the performance of the Federal project or program
for which the Federal funds were awarded. A Subrecipient is subject to the terms
and conditions of the Federal Award to the Recipient, including program
compliance requirements. The term does not include an individual who is a
beneficiary of a federal program. Subrecipient also means Grantee.
2.1.14. "System for Award Management (SAM)" means the Federal repository into which
an Entity must enter the information required under the Transparency Act, which
may be found at http://www.sam.qov.
2.1.15. "Total Compensation" means the cash and noncash dollar value earned by an
Executive during the Subrecipient's preceding fiscal year (see 48 CFR 52.204-
10, as prescribed in 48 CFR 4.1403(a)) and includes the following:
2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using
the dollar amount recognized for financial statement reporting
purposes with respect to the fiscal year in accordance with the
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Additional Terms & Conditions for Federal Provisions
Statement of Financial Accounting Standards No. 123 (Revised 2005)
(FAS 123R), Shared Based Payments;
2.1.15.3. Earnings for services under non -equity incentive plans, not including
group life, health, hospitalization or medical reimbursement plans that
do not discriminate in favor of Executives and are available generally
to all salaried employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension
plans;
2.1.15.5. Above -market earnings on deferred compensation which is not tax -
qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other
compensation (e.g., severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property) for
the Executive exceeds $10,000.
2.1.16. "Transparency Act" means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public
Law 110-252.
2.1.17. "Unique Entity ID" means the Unique Entity ID established by the federal
government for a Grantee or Subrecipient at https://sam.gov/content/home.
2.1.18. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards. The terms and conditions of the Uniform Guidance flow down
to Awards to Subrecipients unless the Uniform Guidance or the terms and
conditions of the Federal Award specifically indicate otherwise.
3. COMPLIANCE.
3.1. Subrecipient shall comply with all applicable provisions of the Transparency Act and
the regulations issued pursuant thereto, all applicable provisions of the Uniform
Guidance, and all applicable Federal Laws and regulations required by this Federal
Award. Any revisions to such provisions or regulations shall automatically become a
part of these Federal Provisions, wihout the necessity of either party executing any
further instrument. The State of Colorado, at its discretion, may provide written
notification to Subrecipient of such revisions, but such notice shall not be a condition
precedent to the effectiveness of such revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID REQUIREMENTS.
4.1. SAM. Subrecipient shall maintain the currency of its information in SAM until the
Subrecipient submits the final financial report required under the Award or receives final
payment, whichever is later. Subrecipient shall review and update SAM information at
least annually after the initial registration, and more frequently if required by changes in
its information.
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Additional Terms & Conditions for Federal Provisions
4.2. Unique Entity ID. Subrecipient shall provide its Unique Entity ID to its Recipient, and
shall update Subrecipient's information at http://www.sam.gov at least annually after
the initial registration, and more frequently if required by changes in Subrecipient's
information.
5. TOTAL COMPENSATION.
5.1. Subrecipient shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more;
and
5.1.2. In the preceding fiscal year, Subrecipient received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal financial
assistance Awards or Subawards subject to the Transparency Act; and
5.1.2.3. The public does not have access to information about the compensation
of such Executives through periodic reports filed under section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)
or § 6104 of the Internal Revenue Code of 1986.
6. REPORTING.
6.1. Pursuant to the Transparency Act, Subrecipient shall report data elements to SAM and
to the Recipient as required in this Exhibit. No direct payment shall be made to
Subrecipient for providing any reports required under these Federal Provisions and the
cost of producing such reports shall be included in the Grant price. The reporting
requirements in this Exhibit are based on guidance from the OMB, and as such are
subject to change at any time by OMB. Any such changes shall be automatically
incorporated into this Grant and shall become part of Subrecipient's obligations under
this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent
Award modifications result in a total Award of $30,000 or more, the Award is subject to
the reporting requirements as of the date the Award exceeds $30,000. If the initial
Award is $30,000 or more, but funding is subsequently de -obligated such that the total
award amount falls below $30,000, the Award shall continue to be subject to the
reporting requirements.
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Additional Terms & Conditions for Federal Provisions
7.2. The procurement standards in §9 below are applicable to new Awards made by
Recipient as of December 26, 2015. The standards set forth in §11 below are
applicable to audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Subrecipient shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data
elements in SAM for each Federal Award Identification Number (FAIN) assigned
by a Federal agency to a Recipient no later than the end of the month following
the month in which the Subaward was made:
8.1.1.1. Subrecipient Unique Entity ID;
8.1.1.2. Subrecipient Unique Entity ID if more than one electronic funds transfer
(EFT) account;
8.1.1.3. Subrecipient parent's organization Unique Entity ID;
8.1.1.4. Subrecipient's address, including: Street Address, City, State, Country,
Zip + 4, and Congressional District;
8.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria
in §4 above are met; and
8.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
8.1.2. To Recipient. A Subrecipient shall report to its Recipient, upon the effective date
of the Grant, the following data elements:
8.1.2.1. Subrecipient's Unique Entity ID as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address,
City, State, Country, Zip code + 4, and Congressional District.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable
regulations, provided that the procurements conform to applicable Federal law and the
standards identified in the Uniform Guidance, including without limitation, 2 CFR
200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the
extent consistent with law, the non -Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards including all contracts
and purchase orders for work or products under this award.
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Additional Terms & Conditions for Federal Provisions
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency
of a political subdivision of the State, its contractors must comply with section 6002 of
the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247, that contain the highest percentage of recovered materials practicable, consistent
with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
9.4. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing "Never contract with the enemy"
in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered contracts, grants
and cooperative agreements that are expected to exceed $50,000 within the period of
performance, are performed outside the United States and its territories, and are in
support of a contingency operation in which members of the Armed Forces are actively
engaged in hostilities.
9.5. Prohibition on certain telecommunications and video surveillance services or
equipment (2 CFR 200.216). Subrecipient is prohibited from obligating or expending
loan or grant funds on certain telecommunications and video surveillance services or
equipment pursuant to 2 CFR 200.216.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Recipient and its auditors to have access to Subrecipient's
records and financial statements as necessary for Recipient to meet the requirements
of 2 CFR 200.332 (Requirements for pass -through entities), 2 CFR 200.300 (Statutory
and national policy requirements) through 2 CFR 200.309 (Period of performance), and
Subpart F -Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the
Subrecipient's fiscal year, the Subrecipient shall procure or arrange for a single or
program -specific audit conducted for that year in accordance with the provisions of
Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to the Single
Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
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Additional Terms & Conditions for Federal Provisions
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a
program -specific audit conducted in accordance with 2 CFR 200.507 (Program -
specific audits). The Subrecipient may elect to have a program -specific audit if
Subrecipient expends Federal Awards under only one Federal program (excluding
research and development) and the Federal program's statutes, regulations, or the
terms and conditions of the Federal award do not require a financial statement audit
of Recipient. A program -specific audit may not be elected for research and
development unless all of the Federal Awards expended were received from
Recipient and Recipient approves in advance a program -specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during
its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for
that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements),
but records shall be available for review or audit by appropriate officials of the
Federal agency, the State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it
is properly performed and submitted when due in accordance with the Uniform
Guidance. Subrecipient shall prepare appropriate financial statements, including
the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510
(Financial statements) and provide the auditor with access to personnel, accounts,
books, records, supporting documentation, and other information as needed for the
auditor to perform the audit required by Uniform Guidance Subpart F -Audit
Requirements.
12. REQUIRED PROVISIONS FOR SUBRECEPIENT WITH SUBCONTRACTORS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the
Recipient, Subrecipients shall include all of the following applicable provisions;
12.1.1. For agreements with Subrecipients — Include the terms in the Grant Federal
Provisions Exhibit (this exhibit)
12.1.2. For contracts with Subcontractors — Include the terms in the Contract Federal
Provisions Exhibit. LINK
13. CERTIFICATIONS.
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes
or regulations on an annual basis. 2 CFR 200.208. Submission may be required more
frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient
shall certify in writing to the State at the end of the Award that the project or activity was
completed or the level of effort was expended. 2 CFR 200.201(3). If the required level
of activity or effort was not carried out, the amount of the Award must be adjusted.
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Additional Terms & Conditions for Federal Provisions
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own
or operate in his or her name.
14.2. A Subrecipient with gross income from all sources of less than $300,000 in the previous
tax year is exempt from the requirements to report Subawards and the Total
Compensation of its most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default
under the Grant and the State of Colorado may terminate the Grant upon 30 days prior
written notice if the default remains uncured five calendar days following the termination
of the 30 -day notice period. This remedy will be in addition to any other remedy
available to the State of Colorado under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part
as follows:
15.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal Entity fails
to comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass -through Entity, to the greatest extent authorized
by law, if an award no longer effectuates the program goals or agency priorities;
15.2.3. By the Federal awarding agency or Pass -through Entity with the consent of the Non -
Federal Entity, in which case the two parties must agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion to be terminated;
15.2.4. By the Non -Federal Entity upon sending to the Federal Awarding Agency or Pass -
through Entity written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal Awarding Agency or Pass -through Entity determines in the
case of partial termination that the reduced or modified portion of the Federal Award or
Subaward will not accomplish the purposes for which the Federal Award was made, the
Federal Awarding Agency or Pass -through Entity may terminate the Federal Award in
its entirety; or
15.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to termination
provisions included in the Federal Award.
Addendum 2 - Page 8 of 8
Effective Date: 12/26/2023
SO
COLORADO
Division of Homeland Security
& Emergency Management
Department of Public Safety
Insert Name
Insert Title
Insert Agency Name
Insert Agency Address
City, STATE ZipCode
Insert Full Date
Re: Grant Year Grant Program Name Grant Award - Encumbrance #
Dear Mr/Ms Insert Last Name,
This letter is to inform you that your award under the Insert Year
modified from the original issuance of your Small Dollar Grant Award
accompanied by the modified Statement of Work (SOW). This n • • icati
1. The period of performance for this SDGA mod
Insert Full D
2. Increase/Decrease or Budget Line Adj tmen
$00,000.00 of Federal, and $00,000 of State,
t Program N
he modifica
t Program is
for this letter is
and amount • $00,000.00 (funding source:
Both Funds) as outlined in the table below:
Description7
Amount
Planning
$ 0.00
Organization
$ 0.00
Equipment
$ 0.00
Training
$ 0.00
Exercise
$ 0.00
Proje
ubto
Management a Administration (
)
$ 0.00
TOTAL GRAN
For questions regarding
Insert Na e at (###)
Addre .co.us and
Sin
Program Si
Program Sign 'TITLE
Colorado Department of Public Safety
Division of Homeland Security and Emergency Management
$ 0.00
ert Year Insert Grant Program Name Grant Program, please contact
it Address@state.co.us, or Insert Name (###) ###-#### or Email
your assistance in managing this grant award.
CC: Name, Title
Grant File
a.
700 Kipling Street, Lakewood, CO 80215 I www.colorado.gov/publicsafety
COLORADO
Department of Public Safety
Jared Polls, Governor I Stan Hickey, Executive Director
STATEMENT OF WORK
State Agency
Department of Public Safety
Grant Maximum Amount
$00,000.00
Subrecipient
Grant Issuance Date
Board of County Commissioners of [County Name] County
Month dd, YYYY
Subrecipient UEI
Grant Expiration Date
Insert 12 -digit [D#
Month dd, YYYY
Small Dollar Grant Agreement Number:
Fund Expenditure En a
Encumbrance #: YYxxxYYxxxx
Month dd, YYYY
Subrecipient DUNS#: 123456789
Federal Award Identification # (FAIN): AWARD No.
Fty
Federal Award Date Month dd, YYYY
Grant Aut•
Name of Federal Awarding Agency ex.: DHS / FEMA
Federal to enter into t
•
Gran xists in Briefly
Assistance Listing (CFDA): 00.000
descri th to enter into
Agreement
Grant Program Name
State r er this Gr
xists in CRS §24-1
Identification if the Award is for R&D: No
ff
1. GENERAL DESCRIPTION OF THE PROJE
1.1
Project Description. Sample Text On
risk analysis for XXX County. T
execute and complete the projects
Reference.
1.2 Project Expenses. Pr
complete the projec
listed in the budget agreem
hire a contractor to complete a multi -hazard
E ' A's requirements. Subrecipient will
in their approved Insert Appropriate
ude to Sample Text Only - hire the contractor to
f this . ement of Work (SOW). All eligible expenses are
f §: of this SOW.
1.3 Non -Federal Match: This non- eral match section 0 applies to or does not apply 0 to this Grant. If
it applies, t t requires a non .l match contribution of Number % of the total Grant budget.
Documentati, res for non-federal match contribution is required with each drawdown
request. If app may or may not 0 include in -kind match.
2. P L REPRE TAT ES:
ment • ublic Safety,
Division of eland Security & Emergency Management
A . to Number
Cente ial, CO 80112
First. Last@state.co.us
For Subrecipient:
Name, Title
Agency Name
Address
City, STATE Zip Code
Email Address
3. ADMINISTRATIVE REQUIREMENTS:
3.1 The Subrecipient must request approval in advance for any change to this Grant Agreement, using the
forms and procedures established by the Department of Public Safety's Division of Homeland Security
and Emergency Management (DHSEM).
Program Acronym YYYY Modification #
Encumbrance # YYxxxYYxxxx Page 1 of 5 Statement of Work
3.2 Required Documentation: Subrecipients shall retain all procurement and payment documentation on
site for inspection. This shall include, but not be limited to, purchase orders, receiving documents,
invoices, vouchers, equipment/services identification, and time and effort reports.
Sufficient detail shall be provided with reimbursement requests to demonstrate that expenses are
allowable and appropriate as detailed below:
3.3 Equipment or tangible goods. When requesting reimbursement for equipment ite with a purchase
price of or exceeding $5,000, and a useful ife of more than one year, the Subrec hall provide a
unique identifying number for the equipment, with a copy of the Subrecipie invoice and proof of
payment. The unique identifying number can be the manufacturer's serial n or, i e Subre '.ient
has its own existing inventory numbering system, that number may be use. n equient
shall also be provided. In addition to ongoing tracking requirements, Subrec all ensur at
equipment items with per unit cost of $5,000 or more are prominently marked in a mil- o the
following:
Purchased with funds provided by the U.S. D
3.3.1 Services. Subrecipients shall include contract/..rchase
date(s) the services were provided and the
3.4 Non -Supplanting Requirement: Subrecipi
programs that prohibit supplanting by law
that have been budgeted for the same p
3.5 Procurement: A Subrecipient sha
federal requirements. Subrecipients
decisions regarding competitive bids,
of Homelan
ral financi
deral funds
-federal sources.
ployee names, the
stance awards made under
not replace (supplant) funds
ies meet or exceed local, state, and
, and federal guidance prior to making
ocurement issues. In addition:
3.5.1 Any sole sourc' n e ess o 10 shall be approved in advance by the DHSEM.
3.5.2 Subrecipients sh a a) procurement transactions, whether negotiated or
competitively bid, a withou . to dollar value, are conducted in a manner that provides
imum open and fre .mpetition; (b) Subrecipient shall be alert to organizational conflicts
of nd/or non-com e practices among contractors that may restrict or eliminate
com. ise r' . rain trade; (c) Contractors who develop or draft specifications,
requir: of work, and/or Requests for Proposals (RFPs) for a proposed
procure all . • cluded from bidding or submitting a proposal to compete for the award
of such .. curemen ; and (d) Any request for exemption of item a -c within this subsection shall
ubmit . i writing to, and be approved by the authorized Subrecipient official.
ipi shall verify Contractor(s) is/are not debarred from participation in state and federal
prog s by reviewing contractor debarment information on http://www.sam.gov.
3. n issuing requests for proposals, bid solicitations, and other published documents describing
projects or programs funded in whole or in part with these grant funds, Subrecipient and
Subrecipients shall use the following phrase in the request listing:
"This project was supported by grant #INSERT Encumbrance Number, issued by the Colorado
Division of Homeland Security and Emergency Management."
3.5.5 Subrecipient shall ensure that no rights or duties exercised under this grant, or equipment
purchased with Grant Funds having a purchase value of $5,000 or more, are assigned without the
prior written consent of the DHSEM.
Program Acronym YYYY
Encumbrance # YYxxxYYxxxx
Modification #
Page 2 of 5 Statement of Work
3.6 Additional Administrative Requirements:
3.6.1 Subrecipient shall ensure all purchases are listed or referenced in §1 or §3 of this Exhibit A.
Equipment purchases, if any, shall be for items listed in the Approved Equipment List (A.E.L)
during the grant period at https://www.fema.gov/authorized-equipment-list. Additionally, funds
used to support emergency communications activities should comply with the FY 2021
SAFECOM Guidance for Emergency Communication Grants, at
https://www.cisa.gov/publication/funding-documents
3.6.2 Environmental Planning and Historic Preservation (EHP) Revi . D S/FEMA funded
activities that may require an EHP review are subject to the FEMA . me Planni' : and
Historic Preservation (EHP) review process. This review does n. a• . stat= nd
local requirements. Acceptance of federal funding requires recipient to ith a 1 f 1,
state, and local laws.
DHS/FEMA is required to consider the potential imp
projects funded by DHS/FEMA grant funds, thro
the National Environmental Policy Act; National
National Flood Insurance Program regulati
Orders. To access the FEMA EHP scree
at: https://www.fema.gov/grants/pre
In order to initiate EHP review o
the EHP form and submit it t
EHP review process must
project; otherwise, DHS/F
noncompliance with EHP law
If ground dist - ivities
disturbance,
immediately ceas
DHS/FEMA for furth
to natural and cultura ces of all
P Review pr. ss, . andated by
ation Act ' 966, as amended;
plicab aws and Executive
e DHS/FEMA website
-compliance
wires compl ion of all relevant sections of
all other pertinent project information. The
released to carry out the proposed
t be able to fund the project due to
lations, and policies.
nstruction, subrecipient will monitor ground
ical resources are discovered, subrecipient will
d notify DHSEM, which will immediately notify
3.6.3 Allicant agencies th .wn esources currently covered by the Colorado Resource Typing
Stan agree to pa pate in the State's Emergency Resource Inventory Report and
updat • . • quarterly basis.
6.4 Regar. .. x pe or scope, After Action Reports/Improvement Plans are due to the
State Trg and , ercise Program Manager within 45 days of the exercise. All funding related
to exercis must be managed and executed in accordance with the Homeland Security Exercise
valu Program (HSEEP), and must be National Incident Management System (NIMS)
ant.
4. REPO
UIREMENTS:
4.1 Qu . y Progress Reports. The project(s) approved in this Grant are to be completed on or before the
termination date stated on the agreement's Grant Award Letter of this grant agreement. Subrecipient shall
submit quarterly progress reports for each project identified in this agreement using the format provided
by the DHSEM throughout the life of the grant.
Subrecipient shall submit narrative and financial reports describing project progress and
accomplishments, and/or any delays in meeting project objectives and expenditures, to date as described
in this §4.
Program Acronym YYYY
Encumbrance # YYxxxYYxxxx
Modification #
Page 3 of 5 Statement of Work
Reports shall be submitted in accordance with the schedule table below. The order of the reporting period
quarters below is irrelevant to the grant. Reports for the respective period are due on or before the due
dates listed below if the grant is open during the "report period" time, and for every quarter that the grant
remains open.
Report Period
Due Date
October — December
January 30
January March
April 30
April — June
July 30
July - September
October 30
4.2 Final Reports: Subrecipient shall submit final progress reports that provide fina
and final cumulative grant/project accomplishments within 45 days of the end of th
of performance. The final report may not include unliquidate• .bligations and must i
balance of unobligated funds. The final reports may substitu - quarterly repo
of the grant period.
1 reconcil
eriod
e exact
mal quarter
If all projects are completed before the end of the : .d, th ' .ort .e submitted at any
time during the period of performance. Further . • t due a EM has received, and
sent notice of acceptance, of the final grant r
5. PAYMENT:
5.1 Payment Schedule: Subrecipient s
form, submission preference, and qu
copy of the reimbursement request is
§4.1 of this Exhibit A.
All requests shall b or
the budget table(s) of Exhi
at least the amount requested
outlined in • f this Exhibit A.
If any progre
reimbursemen
't requests
nimum.
e dat
sement using the DHSEM's provided
final or electronically signed/submitted
as the required progress reports outlined in
enses ' urred by Subrecipient, and as described in detail in
all . accompanied by supporting documentation totaling
reimburs ent and any required non-federal match contribution as
linque at the time of a payment request, the DHSEM may withhold such
ports have been submitted.
5.2 , ent Amou non -f: eral match is required, such match shall be documented with every payment
request. Excess tch documented and submitted with one reimbursement request shall be applied to
ques ecessary to maximize the allowable reimbursement.
6. T
AND
CEPTANCE CRITERIA:
The D M s . evaluate Project(s) through the review of Subrecipient submitted financial and progress
reports, a . ay also conduct on -site monitoring to determine whether the Subrecipient is meeting/has met the
performance goals, administrative standards, financial management, and other requirements of this grant. The
DHSEM will notify Subrecipient in advance of such on -site monitoring.
Program Acronym YYYY
Encumbrance 0 YYxxxYYxxxx
Modification
Pap 4 of 5 Statement of Work
7. BUDGET AGREEMENT AMOUNT TABLE:
Project Activity/Line Item
Federal Share
Local Share
TOTAL Project
Administrative / Project Management
$ 00,000.00
$ 00,000.00
$ 00,000.00
Planning
$ 00,000.00
$ 00,000.00
$ 00,000.00
Equipment
$ 00,000.00
$ 00,000.00
$ 00,000.00
Training
$ 00,000.00
$ 00,000.00
00,000.00
Exercise
$ 00,000.00
$ 00,000.00
$ 00,000.00
PROJECT ACTIVITY SUBTOTAL
$ 00,000.00
$ 00,000.0
00,000 00
Management & Admin
$ 00,000.00
$ 00,01 d.0►
► 000.
TOTAL BUDGET
$ 00,000.00
$ 00,000.00
00,000
TOTAL AWARD AMOUNT
$ 90,000.00
8. MODIFICATIONS
Any changes requested by the Grantee, or by the DHSEM shall
good faith and sole discretion, can modify this agr
letter of modification outlining any changes to th.
with an Acceptance Letter of Modification fo
modifications.
n writin he DHSEM, in
Gr. - e in writing with a
ith a mo• . • W, and accompanied
ign as appr al of such changes and/or
Only upon returning the Acceptance Modifi rther drawdowns of funds by the
Grantee after notification of modificati ' in writ' the DHSEM, will the modifications
be deemed accepted by the Grantee in a or• 'th §3 •f the attached Terms and Conditions of
this Small Dollar Grant A A). xam e modification notification letter, modified
SOW, and Acceptance ded.
Program Acronym YYYY Modification #
Encumbrance # YYxxxYYxxxx
Page 5 of 5 Statement of Work
GRANT FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in
part, with an Award of Federal funds. In the event of a conflict between the provisions of
these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments
or exhibits incorporated into and made a part of the Grant, the provisions of these Federal
Provisions shall control.
1.2 These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or State
of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below.
2.1.1. "Award" means an award of Federal financial assistance, and the Grant setting forth
the terms and conditions of that financial assistance, that a non -Federal Entity receives
or administers.
2.1.2. "Entity" means:
2.1.2.1. a Non -Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward
to a non -Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. "Executive" means an officer, managing partner or any other employee in a
management position.
2.1.4. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
2.1.5. "Grant" means the Grant to which these Federal Provisions are attached.
2.1.6. "Grantee" means the party or parties identified as such in the Grant to which these
Federal Provisions are attached. Grantee also means Subrecipient.
2.1.7. "Non -Federal Entity" means a State, local government, Indian tribe, institution of
higher education, or nonprofit organization that carries out a Federal Award as a
Recipient or a Subrecipient.
2.1.8. "Nonprofit Organization" means any corporation, trust, association, cooperative, or
other organization, not including IHEs, that:
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2.1.8.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest;
2.1.8.2. Is not organized primarily for profit; and
2.1.8.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.9. "OMB" means the Executive Office of the President, Office of Management and
Budget.
2.1.10. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.11. "Recipient" means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.12. "Subaward" means an award by a Recipient to a Subrecipient or a Contractor funded
in whole or in part by a Federal Award. The terms and conditions of the Federal
Award flow down to the Subaward unless the terms and conditions of the Federal
Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term
does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program.
2.1.13. "Subrecipient" or "Subgrantee" means a non -Federal Entity (or a Federal agency
under an Award or Subaward to a non -Federal Entity) receiving Federal funds
through a Recipient to support the performance of the Federal project or program for
which the Federal funds were awarded. A Subrecipient is subject to the terms and
conditions of the Federal Award to the Recipient, including program compliance
requirements. The term does not include an individual who is a beneficiary of a
federal program. Subrecipient also means Grantee.
2.1.14. "System for Award Management (SAM)" means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may
be found at http://www.sam.gov.
2.1.15. "Total Compensation" means the cash and noncash dollar value earned by an
Executive during the Subrecipient's preceding fiscal year (see 48 CFR 52.204-10, as
prescribed in 48 CFR 4.1403(a)) and includes the following:
2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the
dollar amount recognized for financial statement reporting purposes with
respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based
Payments;
2.1.15.3. Earnings for services under non -equity incentive plans, not including group
life, health, hospitalization or medical reimbursement plans that do not
discriminate in favor of Executives and are available generally to all
salaried employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above -market earnings on deferred compensation which is not tax -
qualified;
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2.1.15.6. Other compensation, if the aggregate value of all such other compensation
(e.g., severance, termination payments, value of life insurance paid on
behalf of the employee, perquisites or property) for the Executive exceeds
$10,000.
2.1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act
of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. "Unique Entity ID" means the Unique Entity ID established by the federal
government for a Grantee or Subrecipient at https://sam.gov/content/home.
2.1.18. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise.
3. COMPLIANCE.
3.1. Subrecipient shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and
all applicable Federal Laws and regulations required by this Federal Award. Any revisions
to such provisions or regulations shall automatically become a part of these Federal
Provisions, without the necessity of either party executing any further instrument. The State
of Colorado, at its discretion, may provide written notification to Subrecipient of such
revisions, but such notice shall not be a condition precedent to the effectiveness of such
revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID
REQUIREMENTS.
4.1. SAM. Subrecipient shall maintain the currency of its information in SAM until the
Subrecipient submits the final financial report required under the Award or receives final
payment, whichever is later. Subrecipient shall review and update SAM information at least
annually after the initial registration, and more frequently if required by changes in its
information.
4.2. Unique Entity ID. Subrecipient shall provide its Unique Entity ID to its Recipient, and shall
update Subrecipient's information at http://www.sam.gov at least annually after the initial
registration, and more frequently if required by changes in Subrecipient's information.
5. TOTAL COMPENSATION.
5.1. Subrecipient shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and
5.1.2. In the preceding fiscal year, Subrecipient received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
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5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.3. The public does not have access to information about the compensation of
such Executives through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or §
6104 of the Internal Revenue Code of 1986.
6. REPORTING.
6.1. Pursuant to the Transparency Act, Subrecipient shall report data elements to SAM and to the
Recipient as required in this Exhibit. No direct payment shall be made to Subrecipient for
providing any reports required under these Federal Provisions and the cost of producing such
reports shall be included in the Grant price. The reporting requirements in this Exhibit are
based on guidance from the OMB, and as such are subject to change at any time by OMB.
Any such changes shall be automatically incorporated into this Grant and shall become part
of Subrecipient's obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial
award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award
modifications result in a total Award of $30,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or
more, but funding is subsequently de -obligated such that the total award amount falls below
$30,000, the Award shall continue to be subject to the reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Recipient as
of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal
years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Subrecipient shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data
elements in SAM for each Federal Award Identification Number (FAIN) assigned by
a Federal agency to a Recipient no later than the end of the month following the month
in which the Subaward was made:
8.1.1.1. Subrecipient Unique Entity ID;
8.1.1.2. Subrecipient Unique Entity ID if more than one electronic funds transfer
(EFT) account;
8.1.1.3. Subrecipient parent's organization Unique Entity ID;
8.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip
+ 4, and Congressional District;
8.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in
§4 above are met; and
8.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
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8.1.2. To Recipient. A Subrecipient shall report to its Recipient, upon the effective date of
the Grant, the following data elements:
8.1.2.1. Subrecipient's Unicpue Entity ID as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address, City,
State, Country, Zip code + 4, and Congressional District.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable regulations,
provided that the procurements conform to applicable Federal law and the standards
identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through
200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent
consistent with law, the non -Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must be included
in all subawards including all contracts and purchase orders for work or products under this
award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a
political subdivision of the State, its contractors must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
9.4. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients
are subject to the regulations implementing "Never contract with the enemy" in 2 CFR part
183. The regulations in 2 CFR part 183 affect covered contracts, grants and cooperative
agreements that are expected to exceed $50,000 within the period of performance, are
performed outside the United States and its territories, and are in support of a contingency
operation in which members of the Armed Forces are actively engaged in hostilities.
9.5. Prohibition on certain telecommunications and video surveillance services or equipment (2
CFR 200.216). Subrecipient is prohibited from obligating or expending loan or grant funds
on certain telecommunications and video surveillance services or equipment pursuant to 2
CFR 200.216.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Recipient and its auditors to have access to Subrecipient's records
and financial statements as necessary for Recipient to meet the requirements of 2 CFR
200.332 (Requirements for pass -through entities), 2 CFR 200.300 (Statutory and national
policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart F -Audit
Requirements of the Uniform Guidance.
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11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient's
fiscal year, the Subrecipient shall procure or arrange for a single or program -specific audit
conducted for that year in accordance with the provisions of Subpart F -Audit Requirements
of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31
U.S.C. 7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a
program -specific audit conducted in accordance with 2 CFR 200.507 (Program -
specific audits). The Subrecipient may elect to have a program -specific audit if
Subrecipient expends Federal Awards under only one Federal program (excluding
research and development) and the Federal program's statutes, regulations, or the
terms and conditions of the Federal award do not require a financial statement audit
of Recipient. A program -specific audit may not be elected for research and
development unless all of the Federal Awards expended were received from Recipient
and Recipient approves in advance a program -specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during
its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for
that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements),
but records shall be available for review or audit by appropriate officials of the Federal
agency, the State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is
properly performed and submitted when due in accordance with the Uniform
Guidance. Subrecipient shall prepare appropriate financial statements, including the
schedule of expenditures of Federal awards in accordance with 2 CFR 200.510
(Financial statements) and provide the auditor with access to personnel, accounts,
books, records, supporting documentation, and other information as needed for the
auditor to perform the audit required by Uniform Guidance Subpart F -Audit
Requirements.
12. REQUIRED PROVISIONS FOR SUBRECEPIENT WITH SUBCONTRACTORS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Recipient,
Subrecipients shall include all of the following applicable provisions;
12.1.1. For agreements with Subrecipients — Include the terms in the Grant Federal Provisions
Exhibit (this exhibit)
12.1.2. For contracts with Subcontractors Include the terms in the Contract Federal
Provisions Exhibit. LINK
13. CERTIFICATIONS.
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to
submit certifications and representations required by Federal statutes or regulations on an
annual basis. 2 CFR 200.208. Submission may be required more frequently if Subrecipient
fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the
State at the end of the Award that the project or activity was completed or the level of effort
was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried
out, the amount of the Award must be adjusted.
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14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in
his or her name.
14.2. A Subrecipient with gross income from all sources of less than $300,000 in the previous tax
year is exempt from the requirements to report Subawards and the Total Compensation of its
most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the
Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if
the default remains uncured five calendar days following the termination of the 30 -day notice
period. This remedy will be in addition to any other remedy available to the State of Colorado
under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as
follows:
15.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal Entity fails
to comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass -through Entity, to the greatest extent
authorized by law, if an award no longer effectuates the program goals or agency
priorities;
15.2.3. By the Federal awarding agency or Pass -through Entity with the consent of the Non -
Federal Entity, in which cast the two parties must agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion to be terminated;
15.2.4. By the Non -Federal Entity upon sending to the Federal Awarding Agency or Pass -
through Entity written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal Awarding Agency or Pass -through Entity determines in the
case of partial termination that the reduced or modified portion of the Federal Award
or Subaward will not accomplish the purposes for which the Federal Award was
made, the Federal Awarding Agency or Pass -through Entity may terminate the
Federal Award in its entirety; or
15.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to termination
provisions included in the Federal Award.
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STATE OF COLORADO
Department of Public Safety
ORDER
Number: POGG1,RFAA,202500000521
Date: 10/29/24
Description:
Weld County - 24EM-25-15 - Q3, Q4 - New
Effective Date: 01/01/24
Ex iration Date: 03/31/25
BUN
FR
Buyer:
Email:
VENDOR
WELD COUNTY
Emergency Management
1150 O St
Greeley, CO 80632
Contact: Roy Rudisill, Director
Phone: 1
VENDOR INSTRUCTIONS
Page of 1
. ,'IMPORTANT* **
The order number and line number must appear on all
invoices, packing slips, cartons, and correspondence.
BILL TO
DIVISION OF HOMELAND SECURITY
9195 E MINERAL AVE. SUITE 200
CENTENNIAL, CO 80112
SHIP TO
DIVISION OF HOMELAND SECURITY
9195 E MINERAL AVE. SUITE 200
CENTENNIAL, CO 80112
SHIPPING INSTRUCTIONS
Delivery/Install Date:
FOB:
EXTENDED DESCRIPTION
10/25/24 Weld County - 24EM-25-15 - Q3, Q4 - New
fat
Description: Grant Commodity - Federal
0
0.00
$45,748.00
Service From: 01/01/24
IMMEEMIZEDIEM
Service To: 12/31/24
https://www.colorado.gov/osc/purchase-order-terms-conditions
DOCUMENT TOTAL = 845.748.00
COLORADO
Division of Homeland Security
& Emergency Management
Department of Public Safety
Roy Rudisill
Director
Weld County
1150O St
Greeley, CO 80631
September 25, 2024
Office of Grants Management
8000 South Chester Street, Suite 575
Centennial, CO 80112
Re: Grant Award 24EM-25-15 of the 2024 Emergency Management Performance Grant Program
Dear Roy Rudisill,
The Colorado Division of Homeland Security Et Emergency Management (DHSEM) is pleased to inform
you that your application for funding pursuant to the 2024 Emergency Management Performance Grant
Program (EMPG) is approved and awarded in the partial amount of $ 91,496.00 (funding source:
$45,748.00 of Federal funds and $45,748.00 Local funds). Included with this Award Letter is the
Statement of Work (SOW) and terms and conditions for this grant award.
Please take note of the following requirements effective January 1, 2024. All supporting
documentation will accompany Requests for Reimbursement (RFRs) for EMPG awards as outlined in the
attached SOW §§5.2.1 and 5.2.2, and as described on page 5 in the 2024 EMPG Guidance document.
Delays to reimbursements as a result of missing documentation will occur until documentation
requirements are satisfied.
1) For 100% EMPG funded staff, a certified time card or signed Job Description with proof of
payment.
a) Print out from the accounting system (i.e. General Ledger)
b) Print out from the payroll system
2) All other backup documents will be required with proof of payment
a) Invoice
b) Print out from the accounting system (i.e. General Ledger)
The requirements of part one (1) above are found in the Federal Regulations under Title 2 Code of
Federal Regulations (CFR) Part 200.430 Compensation -personal services. The following link is directly
to the Federal Guidance section:
OMB Guidance Section 200.430 Compensation -Personal Services
The project funds partially awarded is based on the project description provided in the application
and outlined in the following table:
1�
COPS
COLORADO
Department of public Safety
700 Kipling Street, Lakewood, CO 80215 I www.colorado.gov/publicsafetv
Jared Polls, Governor I Stan Hilkey, Executive Director
SO
COLORADO
Division of Homeland Security
& Emergency Management
Department of Public Safely
Office of Grants Management
8000 South Chester Street, Suite 575
Centennial, CO 80112
DHSEM will issue your grant award as a Small Dollar Grant Agreement (SDGA). The issuance of the
SDGA functions like a 'purchase order' for RFRs in the State financial system, and does not require
original signatures on a formal agreement from your approving authorities.
DHSEM will issue the completed SDGA and terms and conditions for your grant award to you. If your
organization has updated or changed W-9 or banking information, new forms are required to update
our financial.
The period of performance for the 2024 EMPG SDGA is from January 1, 2024 to December 31, 2024.
All requests for reimbursements must cover work completed, or expenditures claimed, within this
period of performance as outlined in the SOW.
For questions regarding your SDGA or the 2024 EMPG, please contact your assigned Field Manager or
Field Operations Specialists at cdps dhsem empg-admin@state.co.us. Congratulations on your award
and thank you for your interest in this grant award program.
Sincerely,
Trevor Denney
Field Operations Manager
Colorado Department of Public Safety
Division of Homeland Security and Emergency Management
CC: File
a
CDPS
COLORADO
Department of public Safety
700 Kipling Street, Lakewood, CO 80215 I www.colorado.gov/publicsafety
Jared Polis, Governor I Stan Hilkey, Executive Director
STATEMENT OF WORK
1. GRANT
1.1. The State Agency, the Department of Public Safety, Division of Homeland Security and
Emergency Management (the "State"), hereby obligates and awards to Grantee shown below
(the "Grantee") this Small Dollar Grant Award (SDGA) of Grant Funds in the following
amounts. By accepting the Grant Funds provided under this SDGA, Grantee agrees to comply
with the terms and conditions of this SDGA.
1.1.1. Grantee: Board of County Commissioners of Weld County
1.1.2. Grantee Unique Entity Identification (UEI): MKKXT9U9MTV5
1.1.3. SDGA Number: 24EM-25-15
1.1.4. SDGA Grant Maximum Amount: $45,748.00
1.1.5. SDGA Grant Match Amount: $45.748.00
1.1.6. SDGA Performance Beginning Date: January 1, 2024
1.1.7. SDGA Expiration Date: December 31, 2024
2. FEDERAL AWARD INFORMATION AND GRANT AUTHORITY
2.1. Federal Authority to enter into this Grant exists in Section 662 of the Post -Katrina Emergency
Management Reform Act of 2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (6 U.S.C.
§762); the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Pub.
L. No. 93-288) (42 U.S.C. §§5121 et seq.); the Earthquake Hazards Reduction Act of 1977, as
amended (Pub. L. No. 95-124) (42 U.S.C. §§7701 et seq.); and the National Flood Insurance
Act of 1968, as amended (Pub. L. No. 90448) (42 U.S.C. §§4001 et seq.); and State Authority
to enter this Grant exists in the CRS §24-1-128.6.
2.1.1. Federal Award Information Section 1
2.1.1.1. Federal Award ID # (FAIN): EMD-2023-EP-00004
2.1.1.2. Federal Award Date is Amgust 22, 2023
2.1.1.3. Federal Award Expiration is September 30, 2025
2.1.1.4. Name of Federal Awarding Agency is DHS / FEMA
2.1.1.5. Assistance Listing number is 97.042 for the Emergency Management
Performance Grant
2.1.1.6. Identification if the Award is for Research and Development: No.
2.1.2. Federal Award Information Section 2
2.1.2.1. Federal Award ID # (FAIN): EMD-2024-EP-05002
2.1.2.2. Federal Award Date is September 24, 2024
2.1.2.3. Federal Award Expiration is September 30, 2026
2.1.2.4. Name of Federal Awarding Agency is DHS / FEMA
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2.1.2.5. Assistance Listing number is 97.042 for the Emergency Management
Performance Grant
2.1.2.6. Identification if the Award is for Research and Development: No.
3. GENERAL DESCRIPTION OF THE PROJECT(S).
3.1. Project Description. Work Plan — Grantee will carry -out and work diligently to complete the
tasks in their approved annual work plan. These tasks are listed by Emergency Management
Function in the work plan document and are part of the annual Emergency Management
Performance Grant/Local Emergency Management Support (EMPG/LEMS) Program
Application along with the Staffing Pattern/Personnel, Program Budget and other required
forms. Subrecipient will execute and complete the projects as specified and outlined in their
approved 2024 application.
3.2. Project Period of Performance. This 2024 Emergency Management Performance Grant (EMPG)
Small Dollar Grant Award (SDGA) is funded with 2023/2024 EMPG funds for the period of
performance from January 1, 2024 to December 31, 2024 exclusively for the reimbursement
of eligible project expenditures during the performance period only. All requests for
reimbursements must cover work completed, or expenditures claimed, within this period of
performance.
3.3. Project Expenses. Eligible project expenses for the EMPG grant award for reimbursement are
allowable by Federal authority beginning on the SDGA Performance Beginning Date and ending
on the SDGA Expiration Date outlined in §1 of this Statement of Work (SOW). All eligible
expenses are listed in the budget agreement amount table of §9 of this SOW.
Project expenses include costs for salaries and benefits for Grantee's emergency manager and
emergency management staff, travel, emergency management office operating costs, and the
costs associated with emergency management exercises, training, and planning activities.
Eligible project expenses are reimbursed upon submission and approval of the quarterly request
for reimbursement form and supporting documentation. No more than 5% of this Grant may be
used for Management and Administration (M&A) costs.
Note: salaries of local emergency managers are not typically categorized as M&A, unless the
local Emergency Management Agency (EMA) chooses to assign personnel to specific M&A
activities. Additional specific eligible and ineligible cost information is listed in the FY 2024
EMPG Notice of Funding Opportunity.
3.4. Non -Federal Match: This non-federal match section applies to this Grant. This Grant requires a
non-federal match contribution of 50% of the total Grant budget. Documentation of
expenditures for the non-federal match contribution is required with each drawdown request. If
applicable the match may include in -kind match.
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4. PRINCIPAL REPRESENTATIVES:
For the State:
Trevor Denney, Field Operations Manager
Department of Public Safety, Division of Homeland Security & Emergency Management
9195 East Mineral Avenue, Suite 200
Centennial, CO 80112
Trevor.Denney@state.co.us
For Grantee:
Roy Rudisill, Director
Weld County
1150 O St
Greeley, CO 80631
RRudisill@weldgov.com
5. ADMINISTRATIVE REQUIREMENTS:
5.1. The Grantee must request approval in advance for any change to this Grant Award, using the
forms and procedures established by the Colorado Department of Public Safety, Division of
Homeland Security and Emergency Management (DHSEM).
5.2. Required Documentation: Grantees shall retain all procurement and payment documentation on
site for inspection. Compliance with the Office of Management and Budget (OMB) regulations,
Title 2 Code of Federal Regulations (2 CFR), Subpart D, Part 200.334 Retention requirements
for records, is required under this subaward. Grantees shall retain all procurement, payment, and
award documentation on site for inspection for three years after the Federal Award is closed by
the DHSEM. The DHSEM anticipates the minimum retention date for the EMPG grant program
of December 30, 2029, or thereafter, and is subject to change.
Retained records shall include, but not be limited to, purchase orders, receiving documents,
invoices, vouchers, equipment/services identification, time and effort reports, grant award
documents, letters from DHSEM, and requests for reimbursement (RFR) forms.
Sufficient detail shall be provided with RFRs to demonstrate that expenses are allowable and
appropriate as detailed in the following sections.
5.2.1. Detailed backup documentation for salaries and benefits. In accordance with the OMB
regulations, 2 CFR Part 200.430 "Compensation personal services" the certified time
cards or signed Job Descriptions for 100% EMPG funded staff, with proof of payment,
must accompany RFRs under this award. For further reference, please visit:
OMB Guidance Section 200.430 Compensation -Personal Services
5.2.2. Supporting documentation for all expenses requested for reimbursement. Grantee shall
ensure all proper supporting documentation is provided to validate expenses requested
for reimbursement. Delays to reimbursements, as a result of missing documentation, will
occur until documentation requirements are satisfied. The DHSEM reserves the right to
request additional documentation and information as needed and necessary for
processing requests. Supporting documentation should include, but is not limited to:
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5.2.2.1. Invoices, receipts, approved travel reimbursement forms, or forms showing
prior approval obtained for specified expenses, attendance forms, after action
reports/process improvement plans, etc., and
5.2.2.2. Proof of payment for all expenses requested for reimbursement, such as credit
card statements; general ledgers which show payee name, date paid, check
numbers (if applicable), transaction number, and amount; cancelled check
copies; bank statements; printed receipts showing payment method used; etc.
All proof of payment documents containing sensitive information should be
redacted if not applicable to the expenses being supported. The DHSEM
maintains sensitive documents on secured servers to protect information.
5.2.3. Equipment or tangible goods. When requesting reimbursement for equipment items with
a purchase price of or exceeding $10,000, and a useful life of more than one year, the
Grantee shall provide a unique identifying number for the equipment, with a copy of the
Grantee's invoice and proof of payment. The unique identifying number can be the
manufacturer's serial number or, if the Grantee has its own existing inventory numbering
system, that number may be used. The location of the equipment shall also be provided.
In addition to ongoing tracking requirements, Grantee shall ensure that equipment items
with per unit cost of $10,000 or more are prominently marked in a manner similar to the
following: Purchased with funds provided by the U.S Department of Homeland
Security.
5.2.4. Services. Grantees shall include contract/purchase order number(s) or employee names,
the date(s) the services were provided and the nature of the services.
5.3. Non -Supplanting Requirement: Grantees receiving federal financial assistance awards made
under programs that prohibit supplanting by law must ensure that federal funds do not replace
(supplant) funds that have been budgeted for the same purpose through non-federal sources.
5.4. Procurement: A Grantee shall ensure its procurement policies meet or exceed local, state, and
federal requirements. Grantees should refer to local, state, and federal guidance prior to making
decisions regarding competitive bids, sole source or other procurement issues. In addition:
5.4.1. Any sole source transaction in excess of $100,000 shall be approved in advance by the
DHSEM.
5.4.2. Grantees shall ensure that: (a) All procurement transactions, whether negotiated or
competitively bid, and without regard to dollar value, are conducted in a manner that
provides maximum open and free competition; (b) Grantee shall be alert to organizational
conflicts of interest and/or non-competitive practices among contractors that may restrict
or eliminate competition or otherwise restrain trade; (c) Contractors who develop or draft
specifications, requirements, statements of work, and/or Requests for Proposals (RFPs)
for a proposed procurement shall be excluded from bidding or submitting a proposal to
compete for the award of such procurement; and (d) Any request for exemption of item
a -c within this subsection shall be submitted in writing to, and be approved by the
authorized Grantee official.
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5.4.3. Grantee shall verify Contractor(s) is/are not debarred from participation in state and
federal programs by reviewing contractor debarment information on SAM.gov.
5.4.4. When issuing requests for proposals, bid solicitations, and other published documents
describing projects or programs funded in whole or in part with these grant funds,
Grantee and Subgrantees shall use the following phrase in the request listing: "This
project was supported by grant #24EM-25-15, issued by the Colorado Division of
Homeland Security and Emergency Management."
5.4.5. Grantee shall ensure that no rights or duties exercised under this grant, or equipment
purchased with Grant Funds having a purchase value of $5,000 or more, are assigned
without the prior written consent of the DHSEM.
5.5. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment
or Services: Recipients and subrecipients of FEMA federal financial assistance are subject to
the prohibitions described in section 889 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018)
and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning
August 13, 2020, the statute —as it applies to FEMA recipients, subrecipients, and their
contractors and subcontractors —prohibits obligating or expending federal award funds on certain
telecommunications and video surveillance products and contracting with certain entities for
national security reason.
5.6. Additional Administrative Requirements:
5.6.1. All of the instructions, guidance, limitations, terms and conditions, scope of work, and
other conditions set forth in the Notice of Funding Opportunity (NOFO) and the Notice
of Award (NOA) for this federal award are incorporated by reference. See also DHS
Standard Terms and Conditions.
5.6.2. Any funds used to support emergency communications activities should comply with the
FY SAFECOM Guidance on Emergency Communication Grants.
5.6.3. Federal Provision for "Buy America" Preference in FEMA Financial Assistance
Programs for Infrastructure. This section applies to this grant and must comply.
5.6.4. All applicant agencies that own resources that could deploy must be on a Colorado
Resource Rate Form in WebEOC.
5.6.5. Regardless of exercise type or scope, After Action Reports/Improvement Plans are due
to the DHSEM within 45 days of the exercise. All funding related to exercises must be
managed and executed in accordance with the Homeland Security Exercise and
Evaluation Program (HSEEP), and must be National Incident Management System
(NIMS) compliant.
6. REPORTING REQUIREMENTS:
6.1. Quarterly Progress Reports. The project(s) approved in this Grant are to be completed on or
before the expiration date stated in §1.1.7 of this SOW. Grantee shall submit quarterly progress
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reports on financial and programmatic status for each project using the format provided by the
DHSEM throughout the life of the grant.
6.1.1. Grantee shall submit narrative and financial reports describing project progress and
accomplishments, and/or any delays in meeting project objectives and expenditures, to
date as described in §3 of this SOW.
6.1.2. Reports shall be submitted in accordance with the schedule table below. The order of
the reporting period quarters below is irrelevant to the grant. Reports for the respective
period are due on or before the due dates listed below if the grant is open during the
"report period" time, and for every quarter that the grant remains open.
Report Period
Due Date
',January through 1VIarch April 1
April through June July 10'
July through September October l Ots
October through December January 10`x'
6.2. Final Reports: Grantee shall submit final progress reports that provide final financial
reconciliation and final cumulative grant/project accomplishments within 45 days of the end of
the project/grant period of performance. The final report may not include unliquidated
obligations and must indicate the exact balance of unobligated funds. The final reports may
substitute for the quarterly reports for the final quarter of the grant period.
6.3. If all projects are completed before the end of the grant period, the final report maybe submitted
at any time during the period of performance. Further reports are not due after the DHSEM has
received, and sent notice of acceptance, of the final grant report.
7. PAYMENT:
7.1. Payment Schedule: Grantee shall submit RFRs using the DHSEM's provided form, submission
preference, and quarterly at minimum. One original or electronically signed/submitted copy of
the RFR is due as outlined in the following table:
Report Period Due Date
3anuary through March April 30th
April through June July 31'
July through September October 31s`
October through December January 31St
All requests shall be for eligible actual expenses incurred by Grantee within the allowable period
of performance as described in §1 and §3 of this SOW, and as outlined in the budget table(s) in
§9 of this SOW. Requests shall be accompanied by supporting documentation totaling at least
the amount requested for reimbursement and any required non-federal match contribution as
outlined in §§5.2.1 and 5.2.2 of this SOW.
If any progress reports are delinquent at the time of a payment request, the DHSEM may
withhold such reimbursement until the required reports have been submitted.
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7.2. Payment Amount: The maximum reimbursement will not exceed 50% of project expenses, and
the non-federal match shall be documented with every payment request. Excess match
documented and submitted with one reimbursement request shall be applied to subsequent
requests as necessary to maximize the allowable reimbursement.
8. TESTING AND ACCEPTANCE CRITERIA:
The DHSEM shall evaluate Project(s) through the review of Grantee submitted financial and progress
reports, and may also conduct on -site monitoring to determine whether the Grantee is meeting/has met
the performance goals, administrative standards, financial management, and other requirements of this
grant. The DHSEM will notify Grantee in advance of such on -site monitoring.
9. BUDGET AGREEMENT AMOUNT TABLE:
ederal fare
R
EMPG Activities
$ 45,748.00
$ 45,748.00
$ 91,496.00
'TOT, AWARD M T
$ 45,748.00
5,
496. 0
10. MODIFICATIONS
Any changes requested by the Grantee, or by the DHSEM, shall be made in writing. The DHSEM, in
good faith and sole discretion, can modify this agreement and shall notify Grantee in writing with a
letter of modification outlining any changes to this agreement with a modified SOW, and accompanied
with an Acceptance Letter of Modification for the Grantee to sign as approval of such changes and/or
modifications.
Only upon returning the Acceptance Letter of Modification, or further drawdowns of funds by the
Grantee after notification of modification is made in writing by the DHSEM, will the modifications
be deemed accepted by the Grantee in accordance with §3 of the attached Terms and Conditions of
this Small Dollar Grant Award (SDGA). Examples of the modification notification letter, modified
SOW, and Acceptance Letter of Modification are included.
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State of Colorado Small Dollar Grant Award Terms and Conditions
1. Offer/Acceptance. This Small Dollar Grant Award, together with these terms and conditions
(including, if applicable, Addendum 1: Additional Terms and Conditions for Information
Technology, and Addendum 2: Additional Terms and Conditions for Federal Provisions, below),
and any other attachments, exhibits, specifications, or appendices, whether attached or
incorporated by reference (collectively the "Agreement") shall represent the entire and exclusive
agreement between the State of Colorado, by and through the agency identified on the face of
the Small Dollar Grant Award ("State") and the Subrecipient identified on the face of the Small
Dollar Grant Award ("Grantee"). If this Agreement refers to Grantee's bid or proposal, this
Agreement is an ACCEPTANCE of Grantee's OFFER TO PERFORM in accordance with the
terms and conditions of this Agreement. If a bid or proposal is not referenced, this Agreement is
an OFFER TO ENTER INTO AGREEMENT, subject to Grantee's acceptance, demonstrated by
Grantee's beginning performance or written acceptance of this Agreement. Any COUNTER-
OFFER automatically CANCELS this Agreement, unless a change order is issued by the State
accepting a counter-offer. Except as provided herein, the State shall not be responsible or liable
for any Work performed prior to issuance of this Agreement. The State's financial obligations to
the Grantee are limited by the amount of Grant Funds awarded as reflected on the face of the
Small Dollar Grant Award.
2. Order of Precedence. In the event of a conflict or inconsistency within this Agreement, such
conflict or inconsistency shall be resolved by giving preference to the documents in the following
order of priority: (1) If applicable, Addendum 2: Additional Terms and Conditions for Federal
Provisions, below; (2) the Small dollar Grant Award document; (3) these terms and conditions
(including, if applicable, Addendum 1 below); and (4) any attachments, exhibits, specifications,
or appendices, whether attached or incorporated by reference. Notwithstanding the above, if
this Agreement has been funded, in whole or in part, with a Federal Award, in the event of a
conflict between the Federal Grant and this Agreement, the provisions of the Federal Grant shall
control. Grantee shall comply with all applicable Federal provisions at all times during the term
of this Agreement. Any terms and conditions included on Grantee's forms or invoices not
included in this Agreement are void.
3. Changes. Once accepted in accordance with §1, this Agreement shall not be modified,
superseded or otherwise altered, except in writing by the State and accepted by Grantee.
4. Definitions. The following terms shall be construed and interpreted as follows: (a) "Award"
means an award by a Recipient to a Subrecipient; (b) "Budget" means the budget for the Work
described in this Agreement; (c) "Business Day" means any day in which the State is open and
conducting business, but shall not include Saturday, Sunday or any day on which the State
observes one of the holidays listed in CRS §24-11-101(1); (d) "UCC" means the Uniform
Commercial Code in CRS Title 4; (e) "Effective Date" means the date on which this Agreement
is issued as shown on the face of the Small Dollar Grant Award; (f) "Federal Award" means an
award of federal financial assistance or a cost -reimbursement contract, , by a Federal Awarding
Agency to the Recipient. "Federal Award" also means an agreement setting forth the terms and
conditions of the Federal Award, which terms and conditions shall flow down to the Award unless
such terms and conditions specifically indicate otherwise. The term does not include payments
to a vendor or payments to an individual that is a beneficiary of a Federal program; (g) "Federal
Awarding Agency" means a Federal agency providing a Federal Award to a Recipient; (h)
"Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Agreement; (i) "Matching Funds"
mean the funds provided by the Grantee to meet cost sharing requirements described in this
Page 1 of 8 Effective Date: 12/26/2023
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State of Colorado Small Dollar Grant Award Terms and Conditions
Agreement; (j) "Recipient" means the State agency identified on the face of the Small Dollar
Grant Award; (k) "Subcontractor" means third parties, if any, engaged by Grantee to aid in
performance of the Work; (I) "Subrecipient" means a non -Federal entity that receives a sub -
award from a Recipient to carry out part of a program, but does not include an individual that is
a beneficiary of such program; (m) "Uniform Guidance" means the Office of Management and
Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, identified as the 2 C.F.R. (Code of Federal Regulations) Part 200, commonly
known as the "Super Circular," which supersedes requirements from OMB Circulars A-21, A-87,
A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular a-50 on Single Audit Act
follow-up; and (n) "Work" means the goods delivered or services, or both, performed pursuant
to this Agreement and identified as Line Items on the face of the Small Dollar Grant Award.
5. Delivery. Grantee shall furnish the Work in strict accordance with the specifications and price
set forth in this Agreement. The State shall have no liability to compensate Grantee for the
performance of any Work not specifically set forth in the Agreement.
6. Rights to Materials. [Not Applicable to Agreements issued either in whole in part for
Information Technology, as defined in CRS § 24-37.5-102(2); in which case Addendum 1
§2 applies in lieu of this section.] Unless specifically stated otherwise in this Agreement, all
materials, including without limitation supplies, equipment, documents, content, information, or
other material of any type, whether tangible or intangible (collectively "Materials"), furnished by
the State to Grantee or delivered by Grantee Ib the State in performance of its obligations under
this Agreement shall be the exclusive property the State. Grantee shall return or deliver all
Materials to the State upon completion or termination of this Agreement.
7. Grantee Records. Grantee shall make, keep, maintain, and allow inspection and monitoring by
the State of a complete file of all records, documents, communications, notes and other written
materials, electronic media files, and communications, pertaining in any manner to the Work
(including, but not limited to the operation of programs) performed under this Agreement
(collectively "Grantee Records"). Unless otherwise specified by the State, the Grantee shall
retain Grantee Records for a period (the "Record Retention Period") of three years following the
date of submission to the State of the final expenditure report, or if this Award is renewed
quarterly or annually, from the date of the submission of each quarterly or annual report,
respectively. If any litigation, claim, or audit related to this Award starts before expiration of the
Record Retention Period, the Record Retention Period shall extend until all litigation, claims or
audit finding have been resolved and final action taken by the State or Federal Awarding
Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight, or indirect
costs, and the State, may notify Grantee in writing that the Record Retention Period shall be
extended. For records for real property and equipment, the Record Retention Period shall
extend three years following final disposition of such property. Grantee shall permit the State,
the federal government, and any other duly authorized agent of a governmental agency to audit,
inspect, examine, excerpt, copy and transcribe Grantee Records during the Record Retention
Period. Grantee shall make Grantee Records available during normal business hours at
Grantee's office or place of business, or at other mutually agreed upon times or locations, upon
no fewer than two Business Days' notice from the State, unless the State determines that a
shorter period of notice, or no notice, is necessary to protect the interests of the State. The
State, in its discretion, may monitor Grantee's performance of its obligations under this
Agreement using procedures as determined by the State. The federal government and any other
duly authorized agent of a governmental agency, in its discretion, Grantee shall allow the State
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State of Colorado Small Dollar Grant Award Terms and Conditions
to perform all monitoring required by the Uniform Guidance, based on the State's risk analysis
of Grantee and this Agreement, and the State shall have the right, in its discretion, to change its
monitoring procedures and requirements at any time during the term of this Agreement. The
State will monitor Grantee's performance in a manner that does not unduly interfere with
Grantee's performance of the Work. Grantee shall promptly submit to the State a copy of any
final audit report of an audit performed on Grantee Records that relates to or affects this
Agreement or the Work, whether the audit is conducted by Grantee, a State agency or the
State's authorized representative, or a third party. If applicable, the Grantee may be required to
perform a single audit under 2 CFR 200.501, et seq. Grantee shall submit a copy of the results
of that audit to the State within the same timelines as the submission to the federal government.
8. Reporting. If Grantee is served with a pleading or other document in connection with an action
before a court or other administrative decision making body, and such pleading or document
relates to this Agreement or may affect Grantee's ability to perform its obligations under this
Agreement, Grantee shall, within 10 days after being served, notify the State of such action and
deliver copies of such pleading or document to the State. Grantee shall disclose, in a timely
manner, in writing to the State and the Federal Awarding Agency, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award.
The State or the Federal Awarding Agency may impose any penalties for noncompliance
allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation,
suspension or debarment.
9. Conflicts of Interest. Grantee acknowledges that with respect to this Agreement, even the
appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior
written approval, Grantee shall refrain from any practices, activities, or relationships that
reasonably may appear to be in conflict with the full performance of Grantee's obligations to the
State under this Agreement. If a conflict or appearance of a conflict of interest exists, or if
Grantee is uncertain as to such, Grantee shall submit to the State a disclosure statement setting
forth the relevant details for the State's consideration. Failure to promptly submit a disclosure
statement or to follow the State's direction in regard to the actual or apparent conflict constitutes
a breach of this Agreement. Grantee certifies that to their knowledge, no employee of the State
has any personal or beneficial interest whatsoever in the service or property described in this
Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect, that
would conflict in any manner or degree with the performance of Grantee's Services and Grantee
shall not employ any person having such known interests. Grantee acknowledges that all State
employees are subject to the ethical principles described in §24-18-105, C.R.S. Grantee further
acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S.
with regard to this Grant.
10.Taxes. The State is exempt from federal excise taxes and from State and local sales and use
taxes. The State shall not be liable for the payment of any excise, sales, of use taxes imposed
on Grantee. A tax exemption certificate will be made available upon Grantee's request. Grantee
shall be solely responsible for any exemptions from the collection of excise, sales or use taxes
that Grantee may wish to have in place in connection with this Agreement.
11. Payment. Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds.
The State shall not pay Grantee any amount under this Agreement that exceeds the Document
Total shown on the face of the Small Dollar Grant Award. The State shall pay Grantee in the
amounts and in accordance with the schedule and other conditions set forth in this Agreement.
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State of Colorado Small Dollar Grant Award Terms and Conditions
Grantee shall initiate payment requests by invoice to the State, in a form and manner approved
by the State. The State shall pay Grantee for all amounts due within 45 days after receipt of an
Awarding Agency's approved invoicing request, or in instances of reimbursement grant
programs a request for reimbursement, compliant with Generally Accepted Accounting
Principles (GAAP) and, if applicable Government Accounting Standards Board (GASB) of
amount requested. Amounts not paid by the State within 45 days of the State's acceptance of
the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate set
forth in CRS §24-30-202(24) until paid in ful. Interest shall not accrue if a good faith dispute
exists as to the State's obligation to pay all or a portion of the amount due. Grantee shall invoice
the State separately for interest on delinquent amounts due, referencing the delinquent
payment, number of day's interest to be paid, and applicable interest rate. The acceptance of
an invoice shall not constitute acceptance of any Work performed under this Agreement. Except
as specifically agreed in this Agreement, Grantee shall be solely responsible for all costs,
expenses, and other charges it incurs in connection with its performance under this Grantee.
12.Term. The parties' respective performances under this Agreement shall commence on the
"Service From" date identified on the face of the Small Dollar Grant Award, unless otherwise
specified, and shall terminate on the "Service To" date identified on the face of the Small Dollar
Grant Award unless sooner terminated in accordance with the terms of this Agreement.
13. Payment Disputes. If Grantee disputes any calculation, determination or amount of any
payment, Grantee shall notify the State in writng of its dispute within 30 days following the earlier
to occur of Grantee's receipt of the payment or notification of the determination or calculation of
the payment by the State. The State will review the information presented by Grantee and may
make changes to its determination based on this review. The calculation, determination or
payment amount that results from the State's review shall not be subject to additional dispute
under this subsection. No payment subject to a dispute under this subsection shall be due until
after the State has concluded its review, and the State shall not pay any interest on any amount
during the period it is subject to dispute under this subsection.
14. Matching Funds. Grantee shall provide Matching Funds, if required by this Agreement. If
permitted under the terms of the grant and per this Agreement, Grantee may be permitted to
provide Matching Funds prior to or during the course of the project or the match will be an in -
kind match. Grantee shall report to the State regarding the status of such funds upon request.
Grantee's obligation to pay all or any part of any Matching Funds, whether direct or contingent,
only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the
authorized representatives of Grantee and paid into Grantee's treasury or bank account.
Grantee represents to the State that the amount designated "Grantee's Matching Funds"
pursuant to this Agreement, has been legally appropriated for the purposes of this Agreement
by its authorized representatives and paid into its treasury or bank account. Grantee does not
by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years,
and this Agreement is not intended to create a multiple -fiscal year debt of Grantee. Grantee
shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any
nature, except as required by Grantee's laws or policies.
15. Reimbursement of Grantee Costs. If applicable, the State shall reimburse Grantee's allowable
costs, not exceeding the maximum total amount described in this Agreement for all allowable
costs described in the grant except that Grantee may adjust the amounts between each line
item of the Budget without formal modification to this Agreement as long as the Grantee provides
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Revised Date: 6/26/2024
State of Colorado Small Dollar Grant Award Terms and Conditions
notice to, and received approval from the State of the change, the change does not modify the
total maximum amount of this Agreement, and the change does not modify any requirements of
the Work. If applicable, the State shall reimburse Grantee for the properly documented allowable
costs related to the Work after review and approval thereof, subject to the provisions of this
Agreement. However, any costs incurred by Grantee prior to the Effective Date shall not be
reimbursed absent specific allowance of pre -award costs. Grantee's costs for Work performed
after the "Service To" date identified on the face of the Small Dollar Grant Award, or after any
phase performance period end date for a respective phase of the Work, shall not be
reimbursable. The State shall only reimburse allowable costs described in this Agreement and
shown in the Budget if those costs are (a) reasonable and necessary to accomplish the Work,
and (b) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value
received by Grantee that reduce the costs actually incurred).
16.Close-Out. Grantee shall close out this Award within 45 days after the "Service To" date
identified on the face of the Small Dollar Grant Award, including any modifications. To complete
close-out, Grantee shall submit to the State all deliverables (including documentation) as
defined in this Agreement and Grantee's final reimbursement request or invoice. In accordance
with the Agreement, the State may withhold a percentage of allowable costs until all final
documentation has been submitted and accepted by the State as substantially complete.
17.Assignment. Grantee's rights and obligations under this Agreement may not be transferred or
assigned without the prior, written consent of the State and execution of a new agreement. Any
attempt at assignment or transfer without such consent and new agreement shall be void. Any
assignment or transfer of Grantee's rights and obligations approved by the State shall be subject
to the provisions of this Agreement.
18.Subcontracts. Grantee shall not enter into any subcontract in connection with its obligations
under this Agreement without the prior, written approval of the State. Grantee shall submit to
the State a copy of each subcontract upon request by the State. All subcontracts entered into
by Grantee in connection with this Agreement shall comply with all applicable federal and state
laws and regulations, shall provide that they are governed by the laws of the State of Colorado,
and shall be subject to all provisions of this Agreement.
19. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect
the validity or enforceability of any other provision of this Agreement, which shall remain in full
force and effect, provided that the Parties can continue to perform their obligations in
accordance with the intent of the Agreement.
20.Survival of Certain Agreement Terms. Any provision of this Agreement that imposes an
obligation on a party after termination or expiration of the Agreement shall survive the
termination or expiration of the Agreement and shall be enforceable by the other party.
21.Third Party Beneficiaries. Except for the parties' respective successors and assigns, this
Agreement does not and is not intended to confer any rights or remedies upon any person or
entity other than the Parties. Enforcement of this Agreement and all rights and obligations
hereunder are reserved solely to the parties. Any services or benefits which third parties receive
as a result of this Agreement are incidental to the Agreement, and do not create any rights for
such third parties.
22. Waiver. A party's failure or delay in exercising any right, power, or privilege under this
Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall
Page 5 of 5 Effective Date: 12/26/2023
Revised Date: 6/26/2024
State of Colorado Small Dollar Grant Award Terms and Conditions
any single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
23. Indemnification. [Not Applicable to Inter -governmental agreements] Grantee shall
indemnify, save, and hold harmless the State, its employees, agents and assignees (the
"Indemnified Parties"), against any and all costs, expenses, claims, damages, liabilities, court
awards and other amounts (including attorneys' fees and related costs) incurred by any of the
Indemnified Parties in relation to any act or omission by Grantee, or its employees, agents,
Subcontractors, or assignees in connection with this Agreement. This shall include, without
limitation, any and all costs, expenses, clams, damages, liabilities, court awards and other
amounts incurred by the Indemnified Parties in relation to any claim that any work infringes a
patent, copyright, trademark, trade secret, or any other intellectual property right or any claim
for loss or improper disclosure of any confidential information or personally identifiable
information. If Grantee is a public agency prohibited by applicable law from indemnifying any
party, then this section shall not apply.
24. Notice. All notices given under this Agreement shall be in writing, and shall be delivered to the
contacts for each party listed on the face of the Small Dollar Grant Award. Either party may
change its contact or contact information by notice submitted in accordance with this section
without a formal modification to this Agreement.
25. Insurance. Except as otherwise specifically stated in this Agreement or any attachment or
exhibit to this Agreement, Grantee shall obtain and maintain insurance as specified in this
section at all times during the term of the Agreement: (a) workers' compensation insurance as
required by state statute, and employers' liability insurance covering all Grantee employees
acting within the course and scope of their employment, (b) Commercial general liability
insurance written on an Insurance Services Office occurrence form, covering premises
operations, fire damage, independent vendors, products and completed operations, blanket
contractual liability, personal injury, and advertising liability with minimum limits as follows:
$1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and
completed operations aggregate; and $50,000 any one fire, and (c) Automobile liability
insurance covering any auto (including owned, hired and non -owned autos) with a minimum
limit of $1,000,000 each accident combined single limit. If Grantee will or may have access to
any protected information, then Grantee shall also obtain and maintain insurance covering loss
and disclosure of protected information and claims based on alleged violations of privacy right
through improper use and disclosure of protected information with limits of $1,000,000 each
occurrence and $1,000,000 general aggregate at all times during the term of the Small Dollar
Grant Award. Additional insurance may be required as provided elsewhere in this Agreement or
any attachment or exhibit to this Agreement. All insurance policies required by this Agreement
shall be issued by insurance companies with an AM Best rating of A -VIII or better. If Grantee is
a public agency within the meaning of the Colorado Governmental Immunity Act, then this
section shall not apply and Grantee shall instead comply with the Colorado Governmental
Immunity Act. The State shall be named as additional insured on all commercial general liability
policies required of Grantee. All insurance poicies secured or maintained by Grantee in relation
to this Small Dollar Grant Award shall include clauses stating that each carrier shall waive all
rights of recovery under subrogation or otherwise against Grantee or the State, its agencies,
institutions, organizations, officers, agents, employees, and volunteers.
Page 6 of 8 Effective Date: 12/26/2023
Revised Date: 6/26/2024
State of Colorado Small Dollar Grant Award Terms and Conditions
26.Termination Prior to Grantee Acceptance. If Grantee has not begun performance under this
Agreement, the State may cancel this Agreement by providing written notice to the Grantee.
27.Termination for Cause. If Grantee refuses or fails to timely and properly perform any of its
obligations under this Agreement with such diligence as will ensure its completion within the
time specified in this Agreement, the State may notify Grantee in writing of non-performance
and, if not corrected by Grantee within the time specified in the notice, terminate Grantee's right
to proceed with the Agreement or such part thereof as to which there has been delay or a failure.
Grantee shall continue performance of this Agreement to the extent not terminated. Grantee
shall be liable for excess costs incurred by the State in procuring similar Work and the State
may withhold such amounts, as the State deems necessary. If after rejection, revocation, or
other termination of Grantee's right to proceed under the Colorado Uniform Commercial Code
(CUCC) or this clause, the State determines for any reason that Grantee was not in default or
the delay was excusable, the rights and obligations of the State and Grantee shall be the same
as if the notice of termination had been issued pursuant to termination under §28.
28.Termination in Public Interest. The State is entering into this Agreement for the purpose of
carrying out the public interest of the State, as determined by its Governor, General Assembly,
Courts, or Federal Awarding Agency. If this Agreement ceases to further the public interest of
the State as determined by its Governor, General Assembly, Courts, or Federal Awarding
Agency, the State, in its sole discretion, may terminate this Agreement in whole or in part and
such termination shall not be deemed to be a breach of the State's obligations hereunder. This
section shall not apply to a termination for cause, which shall be governed by §27. A
determination that this Small Dollar Grant Award should be terminated in the public interest shall
not be equivalent to a State right to terminate for convenience. The State shall give written notice
of termination to Grantee specifying the part of the Agreement terminated and when termination
becomes effective. Upon receipt of notice of termination, Grantee shall not incur further
obligations except as necessary to mitigate costs of performance. The State shall pay the
Agreement price or rate for Work performed and accepted by State prior to the effective date of
the notice of termination. The State's termination liability under this section shall not exceed the
total Agreement price.
29.Termination for Funds Availability. The State is prohibited by law from making commitments
beyond the term of the current State Fiscal Year. Payment to Grantee beyond the current State
Fiscal Year is contingent on the appropriation and continuing availability of Grant Funds in any
subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from
any other non -State funds constitute all or some of the Grant Funds, the State's obligation to
pay Grantee shall be contingent upon such non -State funding continuing to be made available
for payment. Payments to be made pursuant to this Agreement shall be made only from Grant
Funds, and the State's liability for such payments shall be limited to the amount remaining of
such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this
Agreement, in whole or in part, without incurring further liability. The State shall, however, remain
obligated to pay for Work performed and accepted prior to the effective date of notice of
termination, and this termination shall otherwise be treated as if this Agreement were terminated
in the public interest as described in §28.
30. Grantee's Termination Under Federal Requirements. If the Grant Funds include any federal
funds, then Grantee may request termination of this Grant by sending notice to the State, or to
Page 7 of 8 Effective Date: 12/26/2023
Revised Date: 6/26/2024
State of Colorado Small Dollar Grant Award Terms and Conditions
the Federal Awarding Agency with a copy to the State, which includes the reasons for the
termination and the effective date of the termination. If this Grant is terminated in this manner,
then Grantee shall return any advanced payments made for Work that will not be performed
prior to the effective date of the termination.
31.Governmental Immunity. Liability for claims for injuries to persons or property arising from the
negligence of the State, its departments, boards, commissions committees, bureaus, offices,
employees and officials shall be controlled and limited by the provisions of the Colorado
Governmental Immunity Act, CRS §24-10-101, et seq., the Federal Tort Claims Act, 28 U.S.C.
Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, CRS §§24-
30-1501, et seq. No term or condition of this Agreement shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
32. Grant Recipient. Grantee shall perform its duties hereunder as a grant recipient and not as an
employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an
agent or employee of the State. Grantee shall not have authorization, express or implied, to bind
the State to any agreement, liability or understanding, except as expressly set forth herein.
Grantee and its employees and agents are not entitled to unemployment insurance or
workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head
taxes incurred pursuant to this Agreement. Grantee shall (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts
required by law, (b) provide proof thereof when requested by the State, and (c) be solely
responsible for its acts and those of its employees and agents.
33. Compliance with Law. Grantee shall comply with all applicable federal and State laws, rules,
and regulations in effect or hereafter established, including, without limitation, laws applicable
to discrimination and unfair employment practices.
34.Choice of Law, Jurisdiction and Venue. [Not Applicable to Inter -governmental
agreements] Colorado law, and rules and regulations issued pursuant thereto, shall be applied
in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conficts with said laws, rules, and regulations shall be
null and void. All suits or actions related to this Agreement shall be filed and proceedings held
in the State of Colorado and exclusive venue shall be in the City and County of Denver. Any
provision incorporated herein by reference which purports to negate this or any other provision
in this Agreement in whole or in part shall not be valid or enforceable or available in any action
at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and
void by the operation of this provision or for any other reason shall not invalidate the remainder
of this Agreement, to the extent capable of execution. Grantee shall exhaust administrative
remedies in CRS §24-109-106, prior to cc nmencing any judicial action against the State
regardless of whether the Colorado Procurement Code applies to this Agreement.
35. Prohibited Terms. Nothing in this Agreement shall be construed as a waiver of any provision
of CRS §24-106-109. Any term included in this Agreement that requires the State to indemnify
or hold Grantee harmless; requires the State to agree to binding arbitration; limits Grantee's
liability for damages resulting from death, bodily injury, or damage to tangible property; or that
conflicts with that statute in any way shall be void ab initio.
Page 8 of 8 Effective Date: 12/26/2023
Revised Date: 6/26/2024
ADDENDUM 1:
Additional Terms & Conditions for Information Technology
IF ANY PART OF THE SUBJECT MATTER OF THIS AGREEMENT IS INFORMATION
TECHNOLOGY, AS DEFINED IN CRS § 24-37.5-102 (2), THE FOLLOWING PROVISIONS
ALSO APPLY TO THIS AGREEMENT.
A. Definitions. The following terms shall be construed and interpreted as follows: (a) "CJI" means
criminal justice information collected by criminal justice agencies needed for the performance of
their authorized functions, including, without limitation, all information defined as criminal justice
information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy, as amended, and all Criminal Justice Records as defined
under CRS §24-72-302; (b) "Incident" means any accidental or deliberate event that results in or
constitutes an imminent threat of the unauthorized access, loss, disclosure, modification,
disruption, or destruction of any communications or information resources of the State, pursuant
to CRS §§24-37.5-401 et seq.; (c) "PCI" means payment card information including any data
related to credit card holders' names, credit card numbers, or the other credit card information as
may be protected by state or federal law; (d) "PHI" means any protected health information,
including, without limitation any information whether oral or recorded in any form or medium that
relates to the past, present or future physical or mental condition of an individual; the provision of
health care to an individual; or the past, present or future payment for the provision of health care
to an individual; and that identifies the individual or with respect to which there is a reasonable
basis to believe the information can be used to identify the individual including, without limitation,
any information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act; (e) "PII" means personally identifiable information
including, without limitation, any information maintained by the State about an individual that can
be used to distinguish or trace an individual's identity, such as name, social security number, date
and place of birth, mother's maiden name, or biometric records, including, without limitation, all
information defined as personally identifiable information in CRS §24-72-501.. "PII" shall also
mean "personal identifying information" as set forth at § 24-74-102, et. seq., C.R.S. ; (f) "State
Confidential Information" means any and all State Records not subject to disclosure under the
Colorado Open Records Act and includes, without limitation, PII, PHI, PCI, Tax Information, CJI,
and State personnel records not subject to disclosure under the Colorado Open Records Act, (g)
"State Fiscal Rules" means those fiscal rules promulgated by the Colorado State Controller
pursuant to CRS §24-30-202(13)(a); (h) "State Fiscal Year" means a 12 month period beginning
on July 1 of each calendar year and ending on June 30 of the following calendar year; (i) "State
Records" means any and all State data, information, and records, regardless of physical form; Q)
"Tax Information" means federal and State of Colorado tax information including, without
limitation, federal and State tax returns, return information, and such other tax -related information
as may be protected by federal and State law and regulation, including, without limitation all
information defined as federal tax information in Internal Revenue Service Publication 1075; and
(k) "Work Product" means the tangible and intangible results of the delivery of goods and
performance of services, whether finished or unfinished, including drafts. Work Product includes,
but is not limited to, documents, text, software (including source code), research, reports,
proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures,
drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information,
and any other results of the Work, but does not include any material that was developed prior to
the Effective Date that is used, without modification, in the performance of the Work.
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B. Intellectual Property. Except to the extent specifically provided elsewhere in this Agreement,
any State information, including without limitation pre-existing State software, research, reports,
studies, data, photographs, negatives or other documents, drawings, models, materials; or Work
Product prepared by Grantee in the performance of its obligations under this Agreement shall be
the exclusive property of the State (collectively, "State Materials"). All State Materials shall be
delivered to the State by Grantee upon completion or termination of this Agreement. The State's
exclusive rights in any Work Product prepared by Grantee shall include, but not be limited to, the
right to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use,
willingly allow, cause or permit any State Materials to be used for any purpose other than the
performance of Grantee's obligations hereunder without the prior written consent of the State. The
State shall maintain complete and accurate records relating to (a) its use of all Grantee and third
party software licenses and rights to use any Grantee or third party software granted under this
Agreement and its attachments to which the State is a party and (b) all amounts payable to
Grantee pursuant to this Agreement and its attachments and the State's obligations under this
Agreement or any amounts payable to Grantee in relation to this Agreement, which records shall
contain sufficient information to permit Grantee to confirm the State's compliance with the use
restrictions and payment obligations under this Agreement or to any third party use restrictions to
which the State is a party. Grantee retains the exclusive rights, title and ownership to any and all
pre-existing materials owned or licensed to Grantee including, but not limited to all pre-existing
software, licensed products, associated source code, machine code, text images, audio, video,
and third party materials, delivered by Grantee under the Agreement, whether incorporated in a
deliverable or necessary to use a deliverable (collectively, "Grantee Property"). Grantee Property
shall be licensed to the State as set forth in a State -approved license agreement (a) entered into
as exhibits or attachments to this Agreement, (b) obtained by the State from the applicable third
party Grantee, or (c) in the case of open source software, the license terms set forth in the
applicable open source license agreement. Notwithstanding anything to the contrary herein, the
State shall not be subject to any provision incorporated in any exhibit or attachment attached
hereto, any provision incorporated in any terms and conditions appearing on any website, any
provision incorporated into any click through or online agreements, or any provision incorporated
into any other document or agreement between the parties that (a) requires the State or the State
to indemnify Grantee or any other party, (b) is in violation of State laws, regulations, rules, State
Fiscal Rules, policies, or other State requirements as deemed solely by the State, or (c) is contrary
to this Agreement.
C. Information Confidentiality. Grantee shall keep confidential, and cause all Subcontractors to
keep confidential, all State Records, unless those State Records are publicly available. Grantee
shall not, without prior written approval of the State, use, publish, copy, disclose to any third party,
or permit the use by any third party of any State Records, except as otherwise stated in this
Agreement, permitted by law, or approved in writing by the State. If Grantee will or may have
access to any State Confidential Information or any other protected information, Grantee shall
provide for the security of all State Confidential Information in accordance with all applicable laws,
rules, policies, publications, and guidelines. Grantee shall comply with all Colorado Office of
Information Security ("OIS") policies and procedures which OIS has issued pursuant to CRS §§24-
37.5-401 through 406 and 8 CCR §1501-5 and posted at https://oit.colorado.00v/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
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guidelines, as applicable based on the classification of the data relevant to Grantee's performance
under this Agreement. Such obligations may arise from: Health Information Portability and
Accountability Act (HIPAA); IRS Publication 1075; Payment Card Industry Data Security Standard
(PCI-DSS); FBI Criminal Justice Information Service Security Addendum; Centers for Medicare &
Medicaid Services (CMS) Minimum Acceptable Risk Standards for Exchanges; and Electronic
Information Exchange Security Requirements and Procedures for State and Local Agencies
Exchanging Electronic Information with The Social Security Administration. Grantee shall
immediately forward any request or demand for State Records to the State's principal
representative.
D. Other Entity Access and Nondisclosure Agreements. Grantee may provide State Records to
its agents, employees, assigns and Subcontractors as necessary to perform the work, but shall
restrict access to State Confidential Information to those agents, employees, assigns, and
Subcontractors who require access to perform their obligations under this Agreement. Grantee
shall ensure all such agents, employees, assigns, and Subcontractors sign agreements
containing nondisclosure provisions at least as protective as those in this Agreement, and that
the nondisclosure provisions are in force at all times the agent, employee, assign, or
Subcontractors has access to any State Confidential Information. Grantee shall provide copies of
those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions
if requested by the State.
E. Use, Security, and Retention. Grantee shall use, hold, and maintain State Confidential
Information in compliance with any and all applicable laws and regulations only in facilities located
within the United States, and shall maintain a secure environment that ensures confidentiality of
all State Confidential Information. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon the
expiration or termination of this Agreement, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed by
the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to
use, such State Confidential Information.
F. Incident Notice and Remediation. If Grantee becomes aware of any Incident, it shall notify the
State immediately and cooperate with the State regarding recovery, remediation, and the
necessity to involve law enforcement, as determined by the State. Unless Grantee can establish
none of Grantee or any of its agents, employees, assigns or Subcontractors are the cause or
source of the Incident, Grantee shall be responsible for the cost of notifying each person who may
have been impacted by the Incident. After an Incident, Grantee shall take steps to reduce the risk
of incurring a similar type of Incident in the future as directed by the State, which may include, but
is not limited to, developing and implementing a remediation plan that is approved by the State at
no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole
discretion and Grantee shall make all modifications as directed by the State. If Grantee cannot
produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform
such analysis and produce a remediation plan, and Grantee shall reimburse the State for the
reasonable actual costs thereof.
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G. Data Protection and Handling. Grantee shall ensure that all State Records and Work Product
in the possession of Grantee or any Subcontractors are protected and handled in accordance with
the requirements of this Agreement at all times. Upon request by the State made any time prior
to 60 days following the termination of this Agreement for any reason, whether or not this
Agreement is expiring or terminating, Grantee shall make available to the State a complete and
secure download file of all data that is encrypted and appropriately authenticated. This download
file shall be made available to the State within 10 Business Days following the State's request,
and shall contain, without limitation, all State Records, Work Product, and any other information
belonging to the State. Upon the termination of Grantee's services under this Agreement, Grantee
shall, as directed by the State, return all State Records provided by the State to Grantee, and the
copies thereof, to the State or destroy all such State Records and certify to the State that it has
done so. If legal obligations imposed upon Grantee prevent Grantee from returning or destroying
all or part of the State Records provided by the State, Grantee shall guarantee the confidentiality
of all State Records in Grantee's possession and will not actively process such data. The State
retains the right to use the established operational services to access and retrieve State Records
stored on Grantee's infrastructure at its sole discretion and at any time.
H. Compliance. If applicable, Grantee shall review, on a semi-annual basis, all OIS policies and
procedures which OIS has promulgated pursuant to CRS §§ 24-37.5-401 through 406 and 8 CCR
§ 1501-5 and posted at https://oit.colorado.gov/standards-policies-guides/technical-standards-
policies, to ensure compliance with the standards and guidelines published therein. Grantee shall
cooperate, and shall cause its Subcontractors to cooperate, with the performance of security audit
and penetration tests by OIS or its designee.
I. Safeguarding PII. If Grantee or any of its Subcontractors will or may receive PII under this
Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable
to the State, including, without limitation, all State requirements relating to non -disclosure, use of
appropriate technology, security practices, computer access security, data access security, data
storage encryption, data transmission encryption, security inspections, and audits. Grantee shall
take full responsibility for the security of all PII in its possession or in the possession of its
Subcontractors, and shall hold the State harmless for any damages or liabilities resulting from the
unauthorized disclosure or loss thereof. Grantee shall be a "Third -Party Service Provider" as
defined in CRS §24-73-103(1)(i) and shall maintain security procedures and practices consistent
with CRS §§24-73-101 et seq. In addition, as set forth in § 24-74-102, et. seq., C.R.S., Grantee,
including, but not limited to, Grantee's employees, agents and Subcontractors, agrees not to
share any PII with any third parties for the purpose of investigating for, participating in, cooperating
with, or assisting with Federal immigration enforcement. If Grantee is given direct access to any
State databases containing PII, Grantee 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 Grantee's duty shall continue as long as Grantee has direct
access to any State databases containing PII. If Grantee uses any Subcontractors to perform
services requiring direct access to State databases containing PII, the Grantee shall require such
Subcontractors to execute and deliver the certification to the State on an annual basis, so long as
the Subcontractor has access to State databases containing PII.
J. Software Piracy Prohibition. The State or other public funds payable under this Agreement shall
not be used for the acquisition, operation, or maintenance of computer software in violation of
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federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants
that, during the term of this Agreement and any extensions, Grantee has and shall maintain in
place appropriate systems and controls to prevent such improper use of public funds. If the State
determines that Grantee is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Agreement, including, without limitation, immediate
termination of this Agreement and any remedy consistent with federal copyright laws or applicable
licensing restrictions.
K. Information Technology. To the extent that Grantee provides physical or logical storage of State
Records; Grantee creates, uses, processes, discloses, transmits, or disposes of State Records;
or Grantee is otherwise given physical or logical access to State Records in order to perform
Grantee's obligations under this Agreement, the following terms shall apply. Grantee shall, and
shall cause its Subcontractors, to: Provide physical and logical protection for all hardware,
software, applications, and data that meets or exceeds industry standards and the requirements
of this Agreement; Maintain network, system, and application security, which includes, but is not
limited to, network firewalls, intrusion detection (host and network), annual security testing, and
improvements or enhancements consistent with evolving industry standards; Comply with State
and federal rules and regulations related to overall security, privacy, confidentiality, integrity,
availability, and auditing; Provide that security is not compromised by unauthorized access to
workspaces, computers, networks, software, databases, or other physical or electronic
environments; Promptly report all Incidents, including Incidents that do not result in unauthorized
disclosure or loss of data integrity, to a designated representative of the OIS; Comply with all
rules, policies, procedures, and standards issued by the Governor's Office of Information
Technology (OIT), including project lifecycle methodology and governance, technical standards,
documentation, and other requirements posted at https://oit.colorado.gov/standards-policies-
quides/technical-standards-policies. Grantee shall not allow remote access to State Records from
outside the United States, including access by Grantee's employees or agents, without the prior
express written consent of OIS. Grantee shall communicate any request regarding non-U.S.
access to State Records to the State. The State, acting by and through OIS, shall have sole
discretion to grant or deny any such request.
L. Accessibility. Grantee shall comply with and the Work Product provided under this PO shall be
in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility
Standards for Individuals with a Disability, as established by OIT pursuant to Section §24-85-103
(2.5), C.R.S. Grantee shall also comply with all State of Colorado technology standards related to
technology accessibility and with Level AA of the most current version of the Web Content
Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.
Grantee shall indemnify, save, and hold harmless the Indemnified Parties against any and all
costs, expenses, claims, damages, liabilities, court awards and other amounts (including
attorneys' fees and related costs) incurred by any of the Indemnified Parties in relation to
Grantee's failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for
Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
The State may require Grantee's compliance to the State's Accessibility Standards to be
determined by a third party selected by the State to attest to Grantee's Work Product and software
is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals
with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
Addendum 1
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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 Grant to which these Federal Provisions are attached has been funded, in whole
or in part, with an Award of Federal funds. In the event of a conflict between the
provisions of these Federal Provisions, the Special Provisions, the body of the Grant,
or any attachments or exhibits incorporated into and made a part of the Grant, the
provisions of these Federal Provisions shall control.
1.2 These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal
or State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the
meanings ascribed to them below.
2.1.1. "Award" means an award of Federal financial assistance, and the Grant setting forth
the terms and conditions of that financial assistance, that a non -Federal Entity
receives or administers.
2.1.2. "Entity" means:
2.1.2.1. a Non -Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or
Subaward to a non -Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. "Executive" means an officer, managing partner or any other employee in a
management position.
2.1.4. "Federal Awarding Agency" means a Federal agency providing a Federal Award to
a Recipient as described in 2 CFR 200.1
2.1.5. "Grant" means the Grant to which these Federal Provisions are attached.
2.1.6. "Grantee" means the party or parties identified as such in the Grant to which these
Federal Provisions are attached. Grantee also means Subrecipient.
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Additional Terms & Conditions for Federal Provisions
2.1.7. "Non -Federal Entity" means a State, local government, Indian tribe, institution of
higher education, or nonprofit organization that carries out a Federal Award as a
Recipient or a Subrecipient.
2.1.8. "Nonprofit Organization" means any corporation, trust, association, cooperative, or
other organization, not including IHEs, that:
2.1.8.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest;
2.1.8.2. Is not organized primarily for profit; and
2.1.8.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.9. "OMB" means the Executive Office of the President, Office of Management and
Budget.
2.1.10. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.11. "Recipient" means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are
attached.
2.1.12. "Subaward" means an award by a Recipient to a Subrecipient or a Contractor
funded in whole or in part by a Federal Award. The terms and conditions of the
Federal Award flow down to the Subaward unless the terms and conditions of the
Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101.
The term does not include payments to a contractor or payments to an individual
that is a beneficiary of a Federal program.
2.1.13. "Subrecipient" or "Subgrantee" means a non -Federal Entity (or a Federal agency
under an Award or Subaward to a non -Federal Entity) receiving Federal funds
through a Recipient to support the performance of the Federal project or program
for which the Federal funds were awarded. A Subrecipient is subject to the terms
and conditions of the Federal Award to the Recipient, including program compliance
requirements. The term does not include an individual who is a beneficiary of a
federal program. Subrecipient also means Grantee.
2.1.14. "System for Award Management (SAM)" means the Federal repository into which
an Entity must enter the information required under the Transparency Act, which
may be found at http://www.sam.gov.
2.1.15. "Total Compensation" means the cash and noncash dollar value earned by an
Executive during the Subrecipient's preceding fiscal year (see 48 CFR 52.204-10,
as prescribed in 48 CFR 4.1403(a)) and includes the following:
2.1.15.1. Salary and bonus;
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Additional Terms & Concitions for Federal Provisions
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the
dollar amount recognized for financial statement reporting purposes with
respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared
Based Payments;
2.1.15.3. Earnings for services under non -equity incentive plans, not including
group life, health, hospitalization or medical reimbursement plans that do
not discriminate in favor of Executives and are available generally to all
salaried employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above -market earnings on deferred compensation which is not tax -
qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other
compensation (e.g., severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property) for the
Executive exceeds $10,000.
2.1.16. "Transparency Act" means the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. "Unique Entity ID" means the Unique Entity ID established by the federal
government for a Grantee or Subrecipient at https://sam.gov/content/home.
2.1.18. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the
Federal Award specifically indicate otherwise.
3. COMPLIANCE.
3.1. Subrecipient shall comply with all applicable provisions of the Transparency Act and
the regulations issued pursuant thereto, all applicable provisions of the Uniform
Guidance, and all applicable Federal Laws and regulations required by this Federal
Award. Any revisions to such provisions or regulations shall automatically become a
part of these Federal Provisions, without the necessity of either party executing any
further instrument. The State of Colorado, at its discretion, may provide written
notification to Subrecipient of such revisions, but such notice shall not be a condition
precedent to the effectiveness of such revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID REQUIREMENTS.
4.1. SAM. Subrecipient shall maintain the currency of its information in SAM until the
Subrecipient submits the final financial report required under the Award or receives final
payment, whichever is later. Subrecipient shall review and update SAM information at
least annually after the initial registraion, and more frequently if required by changes in
its information.
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Additional Terms & Conditions for Federal Provisions
4.2. Unique Entity ID. Subrecipient shall provide its Unique Entity ID to its Recipient, and
shall update Subrecipient's information at http://www.sam.gov at least annually after
the initial registration, and more frequently if required by changes in Subrecipient's
information.
5. TOTAL COMPENSATION.
5.1. Subrecipient shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more;
and
5.1.2. In the preceding fiscal year, Subrecipient received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.3. The public does not have access to information about the compensation of
such Executives through periodic reports filed under section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of
the Internal Revenue Code of 1986.
6. REPORTING.
6.1. Pursuant to the Transparency Act, Subrecipient shall report data elements to SAM and
to the Recipient as required in this Exhibit. No direct payment shall be made to
Subrecipient for providing any reports required under these Federal Provisions and the
cost of producing such reports shall be included in the Grant price. The reporting
requirements in this Exhibit are based on guidance from the OMB, and as such are
subject to change at any time by OMB. Any such changes shall be automatically
incorporated into this Grant and shall become part of Subrecipient's obligations under
this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent
Award modifications result in a total Award of $30,000 or more, the Award is subject to
the reporting requirements as of the date the Award exceeds $30,000. If the initial
Award is $30,000 or more, but funding is subsequently de -obligated such that the total
award amount falls below $30,000, the Award shall continue to be subject to the
reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by
Recipient as of December 26, 2015. The standards set forth in §11 below are
applicable to audits of fiscal years beginning on or after December 26, 2014.
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Additional Terms & Conditions for Federal Provisions
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Subrecipient shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data
elements in SAM for each Federal Award Identification Number (FAIN) assigned by
a Federal agency to a Recipient no later than the end of the month following the
month in which the Subaward was made:
8.1.1.1. Subrecipient Unique Entity ID;
8.1.1.2. Subrecipient Unique Entity ID if more than one electronic funds transfer
(EFT) account;
8.1.1.3. Subrecipient parent's organization Unique Entity ID;
8.1.1.4. Subrecipient's address, including: Street Address, City, State, Country,
Zip + 4, and Congressional District;
8.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in
§4 above are met; and
8.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
8.1.2. To Recipient. A Subrecipient shall report to its Recipient, upon the effective date of
the Grant, the following data elements:
8.1.2.1. Subrecipient's Unique Entity ID as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address,
City, State, Country, Zip code + 4, and Congressional District.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable
regulations, provided that the procurements conform to applicable Federal law and the
standards identified in the Uniform Guidance, including without limitation, 2 CFR
200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the
extent consistent with law, the ncn-Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards including all contracts
and purchase orders for work or products under this award.
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Additional Terms & Conditions for Federal Provisions
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency
of a political subdivision of the State, its contractors must comply with section 6002 of
the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247, that contain the highest percentage of recovered materials practicable, consistent
with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
9.4. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing "Never contract with the enemy"
in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered contracts, grants
and cooperative agreements that are expected to exceed $50,000 within the period of
performance, are performed outside the United States and its territories, and are in
support of a contingency operation in which members of the Armed Forces are actively
engaged in hostilities.
9.5. Prohibition on certain telecommunications and video surveillance services or
equipment (2 CFR 200.216). Subrecipient is prohibited from obligating or expending
loan or grant funds on certain telecommunications and video surveillance services or
equipment pursuant to 2 CFR 200.216.
10.ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Recipient and its auditors to have access to Subrecipient's
records and financial statements as necessary for Recipient to meet the requirements
of 2 CFR 200.332 (Requirements for pass -through entities), 2 CFR 200.300 (Statutory
and national policy requirements) through 2 CFR 200.309 (Period of performance), and
Subpart F -Audit Requirements of the Uniform Guidance.
11.SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the
Subrecipient's fiscal year, the Subrecipient shall procure or arrange for a single or
program -specific audit conducted for that year in accordance with the provisions of
Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to the Single
Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
Addendum 2
Page 6 of 8 Effective Date: 12/26/2023
ADDENDUM 2:
Additional Terms & Conditions for Federal Provisions
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have
a program -specific audit conducted in accordance with 2 CFR 200.507 (Program -
specific audits). The Subrecipient may elect to have a program -specific audit if
Subrecipient expends Federal Awards under only one Federal program (excluding
research and development) and the Federal program's statutes, regulations, or
the terms and conditions of the Federal award do not require a financial statement
audit of Recipient. A program -specific audit may not be elected for research and
development unless all of the Federal Awards expended were received from
Recipient and Recipient approves in advance a program -specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards
during its fiscal year, the Subrecipient shall be exempt from Federal audit
requirements for that year, except as noted in 2 CFR 200.503 (Relation to other
audit requirements), but records shall be available for review or audit by
appropriate officials of the Federal agency, the State, and the Government
Accountability Office.
11 1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or
otherwise arrange for the audit required by Subpart F of the Uniform Guidance
and ensure it is properly performed and submitted when due in accordance with
the Uniform Guidance. Subrecipient shall prepare appropriate financial
statements, including the schedule of expenditures of Federal awards in
accordance with 2 CFR 200.510 (Financial statements) and provide the auditor
with access to personnel, accounts, books, records, supporting documentation,
and other information as needed for the auditor to perform the audit required by
Uniform Guidance Subpart F -Audit Requirements.
12. REQUIRED PROVISIONS FOR SUBRECEPIENT WITH SUBCONTRACTORS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the
Recipient, Subrecipients shall include all of the following applicable provisions;
12.1.1. For agreements with Subrecipients — Include the terms in the Grant Federal
Provisions Exhibit (this exhibit)
12.1.2. For contracts with Subcontractors — Include the terms in the Contract Federal
Provisions Exhibit.
13. CERTIFICATIONS.
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes
or regulations on an annual basis. 2 CFR 200.208. Submission may be required more
frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient
shall certify in writing to the State at the end of the Award that the project or activity was
completed or the level of effort was expended. 2 CFR 200.201(3). If the required level
of activity or effort was not carried out, the amount of the Award must be adjusted.
Addendum 2
Page 7 of 8 Effective Date: 12/26/2023
ADDENDUM 2:
Additional Terms & Conditions for Federal Provisions
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own
or operate in his or her name.
14.2. A Subrecipient with gross income from all sources of less than $300,000 in the previous
tax year is exempt from the requirements to report Subawards and the Total
Compensation of its most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default
under the Grant and the State of Colorado may terminate the Grant upon 30 days prior
written notice if the default remains uncured five calendar days following the termination
of the 30 -day notice period. This remedy will be in addition to any other remedy
available to the State of Colorado under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part
as follows:
15.3. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal Entity fails to
comply with the terms and conditions of a Federal Award;
15.4. By the Federal awarding agency or Pass -through Entity, to the greatest extent
authorized by law, if an award no longer effectuates the program goals or agency
priorities;
15.5. By the Federal awarding agency or Pass -through Entity with the consent of the Non -
Federal Entity, in which case the two parties must agree upon the termination
conditions, including the effective date and, in the case of partial termination, the portion
to be terminated;
15.6. By the Non -Federal Entity upon sending to the Federal Awarding Agency or Pass -
through Entity written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal Awarding Agency or Pass -through Entity determines in the case
of partial termination that the reduced or modified portion of the Federal Award or
Subaward will not accomplish the purposes for which the Federal Award was made, the
Federal Awarding Agency or Pass -through Entity may terminate the Federal Award in
its entirety; or
15.7. By the Federal Awarding Agency or Pass -through Entity pursuant to termination
provisions included in the Federal Award.
Addendum 2
Page 8 of 8 Effective Date: 12/26/2023
COLORADO
Division of Homeland Security
& Emergency Management
Department of Public Safely
Insert Name
Insert Title
Insert Agency Name
Insert Agency Address
City, STATE ZipCode
Insert Full Date
Re: Grant Year Grant Program Name Grant Award - Encumbrance #
Dear Mr/Ms Insert Last Name,
This letter is to inform you that your award under the Insert Year I nt Program N
modified from the original issuance of your Small Dollar Grant Award ( he modifica
accompanied by the modified Statement of Work (SOW). This icati • -s
1. The period of performance for this SDGA mod
Insert Full Da
2. Increase/Decrease or Budget Line Adj tmen
$00,000.00 of Federal, and $00,000 of State,
t Program is
for this letter is
and amount . $00,000.00 (funding source:
Both Funds) as outlined in the table below:
Description
IiiiiirProje
Amount
Planning
$ 0.00
Organization
$ 0.00
Equipment
$ 0.00
Training
$ 0.00
Exercise
$ 0.00
Subto
Management Ft Administration (
)
$ 0.00
TOTAL GRAN
$ 0.00
For questions regarding • .ert Year lisert Grant Program Name Grant Program, please contact
Insert Na e at (###) : • it Address@state.co.us, or Insert Name (###) ###-#### or Email
Addre.co.us and ' you f your assistance in managing this grant award.
Sin
Program Si
Program Sign 'TITLE
Colorado Department of Public Safety
Division of Homeland Security and Emergency Management
CC: Name, Title
Grant File
1�0
700 Kipling Street, Lakewood, CO 80215 I www.colorado.gov/publicsafety
COLORADO
Department of Public Safety
Jared Polis, Governor I Stan Hilkey, Executive Director
STATEMENT OF WORK
State Agency
Department of Public Safety
Grant Maximum Amount
$00,000.00
Subrecipient
Board of County Commissioners of [County Name] County
Subrecipient UEI
Insert 12 -digit ID#
Grant Issuance Date
Month dd, YYYY
Grant Expiration Date
Month dd, YYYY
Small Dollar Grant Agreement Number:
Encumbrance #:
Subrecipient DUNS#:
Federal Award Identification # (FAIN):
Federal Award Date
Name of Federal Awarding Agency
Assistance Listing (CFDA): 00.000
Grant Program Name
Identification if the Award is for R&D: No
YYxxxYYxxxx
123456789
AWARD No.
Month dd, YYYY
ex.: DHS / FEMA
1. GENERAL DESCRIPTION OF THE PROJE
1.1
Project Description. Sample Text On
risk analysis for XXX County. T
execute and complete the projects
Reference.
1.2 Project Expenses. Pr
complete the projec
listed in the budget agreem
1.3 Non -Federal Match: This non -
it applies, t • .t requires a non
Documentati res for
request. If app
2. P L REPRE
ment
Division of
A
ublic Safety,
eland Security & Emergency Management
to Number
Fund Expenditure En a
Month dd, YYYY
Grant Aut � t
Federal
descr►. th
State Author
Subreci
is will
ed and o
y
to enter into t'
to enter into
er this Gr.
Gran xists in Briefly
Agreement
xists in CRS §24 -1 -
hire a contractor to complete a multi -hazard
EA's requirements. Subrecipient will
in their approved Insert Appropriate
to Sample Text Only - hire the contractor to
this . ement of Work (SOW). All eligible expenses are
f §: of this SOW.
eral match section 0 applies to or does not apply 0 to this Grant. If
1 match contribution of Number % of the total Grant budget.
non-federal match contribution is required with each drawdown
may or may not 0 include in -kind match.
Cente ial, CO 80112
First. Last@state.co.us
For Subrecipient:
Name, Title
Agency Name
Address
City, STATE Zip Code
Email Address
3. ADMINISTRATIVE REQUIREMENTS:
3.1 The Subrecipient must request approval in advance for any change to this Grant Agreement, using the
forms and procedures established by the Department of Public Safety's Division of Homeland Security
and Emergency Management (DHSEM).
Program Acronym YYYY
Encumbrance # YYxxxYYxxxx
Modification #
Page 1 of 5 Statement of Work
3.2 Required Documentation: Subrecipients shall retain all procurement and payment documentation on
site for inspection. This shall include, but not be limited to, purchase orders, receiving documents,
invoices, vouchers, equipment/services identification, and time and effort reports.
Sufficient detail shall be provided with reimbursement requests to demonstrate that expenses are
allowable and appropriate as detailed below:
3.3 Equipment or tangible goods. When requesting reimbursement for equipment ite with a purchase
price of or exceeding $5,000, and a useful life of more than one year, the Subrechall provide a
unique identifying number for the equipment, with a copy of the Subrecipie invoice and proof of
payment. The unique identifying number can be the manufacturer's serial n or, i e Subre ' •ient
has its own existing inventory numbering system, that number may be use n equi. ent
shall also be provided. In addition to ongoing tracking requirements, Subrec all ensur' at
equipment items with per unit cost of $5,000 or more are prominently marked in a mil• o the
following:
Purchased with funds provided by the U.S. D
3.3.1 Services. Subrecipients shall include contract/
date(s) the services were provided and the
3.4 Non -Supplanting Requirement: Subrecipie
programs that prohibit supplanting by law
that have been budgeted for the same p
3.5 Procurement: A Subrecipient sha
federal requirements. Subrecipients
decisions regarding competitive bids,
of Homelan
ber(s) or loyee names, the
ral finance
deral funds
-federal sources.
stance awards made under
not replace (supplant) funds
ies meet or exceed local, state, and
and federal guidance prior to making
ocurement issues. In addition:
3.5.1 Any sole sourc' n e ess o . 00 shall be approved in advance by the DHSEM.
3.5.2 Subrecipients sh a a) procurement transactions, whether negotiated or
competitively bid, withou • to dollar value, are conducted in a manner that provides
m imum open and fre •mpetition; (b) Subrecipient shall be alert to organizational conflicts
of i nd/or non-com e practices among contractors that may restrict or eliminate
com • ise r' - rain trade; (c) Contractors who develop or draft specifications,
requir: of work, and/or Requests for Proposals (RFPs) for a proposed
procure all • - eluded from bidding or submitting a proposal to compete for the award
of such •curemen ; and (d) Any request for exemption of item a -c within this subsection shall
submit, • i writing to, and be approved by the authorized Subrecipient official.
ipi shall verify Contractor(s) is/are not debarred from participation in state and federal
prog s by reviewing contractor debarment information on http://www.sam.gov.
3. n issuing requests for proposals, bid solicitations, and other published documents describing
projects or programs funded in whole or in part with these grant funds, Subrecipient and
Subrecipients shall use the following phrase in the request listing:
"This project was supported by grant #INSERT Encumbrance Number, issued by the Colorado
Division of Homeland Security and Emergency Management."
3.5.5 Subrecipient shall ensure that no rights or duties exercised under this grant, or equipment
purchased with Grant Funds having a purchase value of $5,000 or more, are assigned without the
prior written consent of the DHSEM.
Program Acronym YYYY
Encumbrance 0 YYxxxYYxxxx
Modification #
Page 2 of 5 Statement of Work
3.6 Additional Administrative Requirements:
3.6.1 Subrecipient shall ensure all purchases are listed or referenced in §1 or §3 of this Exhibit A.
Equipment purchases, if any, shall be for items listed in the Approved Equipment List (A.E.L)
during the grant period at https://www.fema.gov/authorized-equipment-list. Additionally, funds
used to support emergency communications activities should comply with the FY 2021
SAFECOM Guidance for Emergency Communication Grants, at
https://www.cisa.gov/publication/funding-documents
3.6.2 Environmental Planning and Historic Preservation (EHP) Revi . D S/FEMA funded
activities that may require an EHP review are subject to the FEMA me Planni and
Historic Preservation (EHP) review process. This review does n. stat- nd
local requirements. Acceptance of federal funding requires recipient to ith a 1 f
state, and local laws.
DHS/FEMA is required to consider the potential imp to natural and cultura ces of all
projects funded by DHS/FEMA grant funds, thro P Review pr. ss, . andated by
the National Environmental Policy Act; National isto ation Act 966, as amended;
National Flood Insurance Program regulati• •, any plicab aws and Executive
Orders. To access the FEMA EHP scree . instruc e DHS/FEMA website
at: https://www.fema.gov/grants/prep dness-gra .-compliance
In order to initiate EHP review o
the EHP form and submit it t
EHP review process must
project; otherwise, DHS/F
noncompliance with EHP law
wires compl ion of all relevant sections of
all other pertinent project information. The
released to carry out the proposed
t be able to fund the project due to
lations, and policies.
If ground distu ivities nstruction, subrecipient will monitor ground
disturbance, arche ical resources are discovered, subrecipient will
immediately ceas- or rea d notify DHSEM, which will immediately notify
DHS/FEMA for furth• ction.
3.6.3 All licant agencies th .wn esources currently covered by the Colorado Resource Typing
Stan agree to pa pate in the State's Emergency Resource Inventory Report and
updat ' . • quarterly basis.
6.4 Regar. . • x pe or scope, After Action Reports/Improvement Plans are due to the
State Trg and ercise Program Manager within 45 days of the exercise. All funding related
to exercis must be managed and executed in accordance with the Homeland Security Exercise
valu Program (HSEEP), and must be National Incident Management System (NIMS)
ant.
4. REPO TING UIREMENTS:
4.1 Qu y Progress Reports. The project(s) approved in this Grant are to be completed on or before the
termination date stated on the agreement's Grant Award Letter of this grant agreement. Subrecipient shall
submit quarterly progress reports for each project identified in this agreement using the format provided
by the DHSEM throughout the life of the grant.
Subrecipient shall submit narrative and financial reports describing project progress and
accomplishments, and/or any delays in meeting project objectives and expenditures, to date as described
in this §4.
Program Acronym YYYY
Encumbrance # YYxxxYYxxxx
Modification #
Page 3 of 5 Statement of Work
Reports shall be submitted in accordance with the schedule table below. The order of the reporting period
quarters below is irrelevant to the grant. Reports for the respective period are due on or before the due
dates listed below if the grant is open during the "report period" time, and for every quarter that the grant
remains open.
Report Period
Due Date"
October — December
January 30
January March
April 30
April — June
July 30
July- September
October 30
4.2 Final Reports: Subrecipient shall submit final progress reports that provide fina 1 reconcil' n
and final cumulative grant/project accomplishments within 45 days of the end of th ra eriod
of performance. The final report may not include unliquidate obligations and must a exact
balance of unobligated funds. The final reports may substitu - quarterly rep • fort tnal quarter
of the grant period.
If all projects are completed before the end of the
time during the period of performance. Further
sent notice of acceptance, of the final grant r
5. PAYMENT:
ort
e submitted at any
due a EM has received, and
5.1 Payment Schedule: Subrecipient s requests . sement using the DHSEM's provided
form, submission preference, and qu. nimum. • tginal or electronically signed/submitted
copy of the reimbursement request is e • e dat' . as the required progress reports outlined in
§4.1 of this Exhibit A.
All requests shall b or `R_ . eases ' urred by Subrecipient, and as described in detail in
the budget table(s) of Exhi t all e accompanied by supporting documentation totaling
at least the amount requested reimburs ent and any required non-federal match contribution as
outlined in • f this Exhibit A.
If any progre
reimbursemen
linque at the time of a payment request, the DHSEM may withhold such
ports have been submitted.
5.2 : ent Amou non -f:. eral match is required, such match shall be documented with every payment
request. Excess tch documented and submitted with one reimbursement request shall be applied to
ques necessary to maximize the allowable reimbursement.
6. T ' AND CEPTANCE CRITERIA:
The D M s • evaluate Project(s) through the review of Subrecipient submitted financial and progress
reports, a . ay also conduct on -site monitoring to determine whether the Subrecipient is meeting/has met the
performance goals, administrative standards, financial management, and other requirements of this grant. The
DHSEM will notify Subrecipient in advance of such on -site monitoring.
Program Acronym YYYY
Encumbrance # YYxxxYYxxxx
Modification #
Page 4 of 5 Statement of Work
7. BUDGET AGREEMENT AMOUNT TABLE:
ProjectActivity/Line Item
Federal Share
Local Share
TOTAL Project
Administrative / Project Management
$ 00,000.00
$ 00,000.00
$ 00,000.00
Planning
$ 00,000.00
$ 00,000.00
$ 00,000.00
Equipment
$ 00,000.00
$ 00,000.00
$ 00,000.00
Training
$ 00,000.00
$ 00,000.00
00,000.00
Exercise
$ 00,000.00
$ 00,000.00
$ 00,000.00
PROJECT ACTIVITY SUBTOTAL
$ 00,000.00
$ 00,000.0
00,090 00
Management & Admin
$ 00,000.00
$ 00,01,0o
4 000.
00,000
TOTAL BUDGET
$ 00,000.00
$ 00,000.00
TOTAL AWARD AMOUNT
$ p0,000.00
8. MODIFICATIONS
Any changes requested by the Grantee, or by the DHSEM shall
good faith and sole discretion, can modify this agr
letter of modification outlining any changes to th.
with an Acceptance Letter of Modification fo
modifications.
Only upon returning the Acceptance
Grantee after notification of modificati
be deemed accepted by the Grantee in a
this Small Dollar Grant A A).
SOW, and Acceptance
in writin he DHSEM, in
Gr. - e in writing with a
th a mo. . • W, and accompanied
ign as appr al of such changes and/or
rther drawdowns of funds by the
the DHSEM, will the modifications
f the attached Terms and Conditions of
e modification notification letter, modified
ded.
Program Acronym YYYY Modification #
Encumbrance # YYxxxYYxxxx Page 5 of 5 Statement of Work
GRANT FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS.
1.1.
The Grant to which these Federal Provisions are attached has been funded, in whole or in
part, with an Award of Federal funds. In the event of a conflict between the provisions of
these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments
or exhibits incorporated into and made a part of the Grant, the provisions of these Federal
Provisions shall control.
1.2 These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or State
of Colorado agency or institutions of kigher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below.
2.1.1. "Award" means an award of Federal financial assistance, and the Grant setting forth
the terms and conditions of that financial assistance, that a non -Federal Entity receives
or administers.
2.1.2. "Entity" means:
2.1.2.1. a Non -Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward
to a non -Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. "Executive" means an officer, managing partner or any other employee in a
management position.
2.1.4. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
2.1.5. "Grant" means the Grant to which these Federal Provisions are attached.
2.1.6. "Grantee" means the party or parties identified as such in the Grant to which these
Federal Provisions are attached. Grantee also means Subrecipient.
2.1.7. "Non -Federal Entity" means a State, local government, Indian tribe, institution of
higher education, or nonprofit organization that carries out a Federal Award as a
Recipient or a Subrecipient.
2.1.8. "Nonprofit Organization" means any corporation, trust, association, cooperative, or
other organization, not including IHEs, that:
EMPG 2024 SDGA Grant Federal Provisions
SDGA #: 24EM-25-15
Page 1 of 7 Version 12.2023
2.1.8.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest;
2.1.8.2. Is not organized primarily for profit; and
2.1.8.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.9. "OMB" means the Executive Office of the President, Office of Management and
Budget.
2.1.10. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.11. "Recipient" means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.12. "Subaward" means an award by a Recipient to a Subrecipient or a Contractor funded
in whole or in part by a Federal Award. The terms and conditions of the Federal
Award flow down to the Subaward unless the terms and conditions of the Federal
Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term
does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program.
2.1.13. "Subrecipient" or "Subgrantee" means a non -Federal Entity (or a Federal agency
under an Award or Subaward to a non -Federal Entity) receiving Federal funds
through a Recipient to support the performance of the Federal project or program for
which the Federal funds were awarded. A Subrecipient is subject to the terms and
conditions of the Federal Award to the Recipient, including program compliance
requirements. The term does not include an individual who is a beneficiary of a
federal program. Subrecipient also means Grantee.
2.1.14. "System for Award Management (SAM)" means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may
be found at http://www.sam.gov.
2.1.15. "Total Compensation" means the cash and noncash dollar value earned by an
Executive during the Subrecipient's preceding fiscal year (see 48 CFR 52.204-10, as
prescribed in 48 CFR 4.1403(a)) and includes the following:
2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the
dollar amount recognized for financial statement reporting purposes with
respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based
Payments;
2.1.15.3. Earnings for services under non -equity incentive plans, not including group
life, health, hospitalization or medical reimbursement plans that do not
discriminate in favor of Executives and are available generally to all
salaried employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above -market earnings on deferred compensation which is not tax -
qualified;
EMPG 2024 SDGA Grant Federal Provisions
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2.1.15.6. Other compensation, if the aggregate value of all such other compensation
(e.g., severance, termination payments, value of life insurance paid on
behalf of the employee, perquisites or property) for the Executive exceeds
$10,000.
2.1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act
of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. "Unique Entity ID" means the Unique Entity ID established by the federal
government for a Grantee or Subrecipient at https://sam.gov/content/home.
2.1.18. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise.
3. COMPLIANCE.
3.1. Subrecipient shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and
all applicable Federal Laws and regulations required by this Federal Award. Any revisions
to such provisions or regulations shall automatically become a part of these Federal
Provisions, without the necessity of either party executing any further instrument. The State
of Colorado, at its discretion, may provide written notification to Subrecipient of such
revisions, but such notice shall not be a condition precedent to the effectiveness of such
revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID
REQUIREMENTS.
4.1. SAM. Subrecipient shall maintain the currency of its information in SAM until the
Subrecipient submits the final financial report required under the Award or receives final
payment, whichever is later. Subrecipient shall review and update SAM information at least
annually after the initial registration, and more frequently if required by changes in its
information.
4.2. Unique Entity ID. Subrecipient shall provide its Unique Entity ID to its Recipient, and shall
update Subrecipient's information at http://www.sam.gov at least annually after the initial
registration, and more frequently if required by changes in Subrecipient's information.
5. TOTAL COMPENSATION.
5.1. Subrecipient shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and
5.1.2. In the preceding fiscal year, Subrecipient received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
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5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.3. The public does not have access to information about the compensation of
such Executives through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or §
6104 of the Internal Revenue Code of 1986.
6. REPORTING.
6.1. Pursuant to the Transparency Act, Subrecipient shall report data elements to SAM and to the
Recipient as required in this Exhibit. No direct payment shall be made to Subrecipient for
providing any reports required under these Federal Provisions and the cost of producing such
reports shall be included in the Grant price. The reporting requirements in this Exhibit are
based on guidance from the OMB, and as such are subject to change at any time by OMB.
Any such changes shall be automatically incorporated into this Grant and shall become part
of Subrecipient's obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial
award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award
modifications result in a total Award of $30,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or
more, but funding is subsequently de -obligated such that the total award amount falls below
$30,000, the Award shall continue to be subject to the reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Recipient as
of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal
years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Subrecipient shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data
elements in SAM for each Federal Award Identification Number (FAIN) assigned by
a Federal agency to a Recipient no later than the end of the month following the month
in which the Subaward was made:
8.1.1.1. Subrecipient Unique Entity ID;
8.1.1.2. Subrecipient Unique Entity ID if more than one electronic funds transfer
(EFT) account;
8.1.1.3. Subrecipient parent's organization Unique Entity ID;
8.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip
+ 4, and Congressional District;
8.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in
§4 above are met; and
8.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
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8.1.2. To Recipient. A Subrecipient shall report to its Recipient, upon the effective date of
the Grant, the following data elements:
8.1.2.1. Subrecipient's Unique Entity ID as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address, City,
State, Country, Zip code + 4, and Congressional District.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable Slate, local, and Tribal laws and applicable regulations,
provided that the procurements conform to applicable Federal law and the standards
identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through
200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent
consistent with law, the non -Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must be included
in all subawards including all contracts and purchase orders for work or products under this
award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a
political subdivision of the State, its contractors must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
9.4. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients
are subject to the regulations implementing "Never contract with the enemy" in 2 CFR part
183. The regulations in 2 CFR part 183 affect covered contracts, grants and cooperative
agreements that are expected to exceed $50,000 within the period of performance, are
performed outside the United States and its territories, and are in support of a contingency
operation in which members of the Armed Forces are actively engaged in hostilities.
9.5. Prohibition on certain telecommunications and video surveillance services or equipment (2
CFR 200.216). Subrecipient is prohibited from obligating or expending loan or grant funds
on certain telecommunications and video surveillance services or equipment pursuant to 2
CFR 200.216.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Recipient and its auditors to have access to Subrecipient's records
and financial statements as necessary for Recipient to meet the requirements of 2 CFR
200.332 (Requirements for pass -through entities), 2 CFR 200.300 (Statutory and national
policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart F -Audit
Requirements of the Uniform Guidance.
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11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient's
fiscal year, the Subrecipient shall procure or arrange for a single or program -specific audit
conducted for that year in accordance with the provisions of Subpart F -Audit Requirements
of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31
U.S.C. 7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a
program -specific audit conducted in accordance with 2 CFR 200.507 (Program -
specific audits). The Subrecipient may elect to have a program -specific audit if
Subrecipient expends Federal Awards under only one Federal program (excluding
research and development) and the Federal program's statutes, regulations, or the
terms and conditions of the Federal award do not require a financial statement audit
of Recipient. A program -specific audit may not be elected for research and
development unless all of the Federal Awards expended were received from Recipient
and Recipient approves in advance a program -specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during
its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for
that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements),
but records shall be available for review or audit by appropriate officials of the Federal
agency, the State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is
properly performed and submitted when due in accordance with the Uniform
Guidance. Subrecipient shall prepare appropriate financial statements, including the
schedule of expenditures of Federal awards in accordance with 2 CFR 200.510
(Financial statements) and provide the auditor with access to personnel, accounts,
books, records, supporting documentation, and other information as needed for the
auditor to perform the audit required by Uniform Guidance Subpart F -Audit
Requirements.
12. REQUIRED PROVISIONS FOR SUBRECEPIENT WITH SUBCONTRACTORS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Recipient,
Subrecipients shall include all of the following applicable provisions;
12.1.1. For agreements with Subrecipients — Include the terms in the Grant Federal Provisions
Exhibit (this exhibit)
12.1.2. For contracts with Subcontractors Include the terms in the Contract Federal
Provisions Exhibit. LINK
13. CERTIFICATIONS.
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to
submit certifications and representations required by Federal statutes or regulations on an
annual basis. 2 CFR 200.208. Submission may be required more frequently if Subrecipient
fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the
State at the end of the Award that the project or activity was completed or the level of effort
was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried
out, the amount of the Award must be adjusted.
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14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in
his or her name.
14.2. A Subrecipient with gross income from all sources of less than $300,000 in the previous tax
year is exempt from the requirements to report Subawards and the Total Compensation of its
most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the
Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if
the default remains uncured five calendar days following the termination of the 30 -day notice
period. This remedy will be in addition to any other remedy available to the State of Colorado
under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as
follows:
15.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal Entity fails
to comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass -through Entity, to the greatest extent
authorized by law, if an award no longer effectuates the program goals or agency
priorities;
15.2.3. By the Federal awarding agency or Pass -through Entity with the consent of the Non -
Federal Entity, in which case the two parties must agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion to be terminated;
15.2.4. By the Non -Federal Entity upon sending to the Federal Awarding Agency or Pass -
through Entity written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal Awarding Agency or Pass -through Entity determines in the
case of partial termination that the reduced or modified portion of the Federal Award
or Subaward will not accomplish the purposes for which the Federal Award was
made, the Federal Awarding Agency or Pass -through Entity may terminate the
Federal Award in its entirety; or
15.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to termination
provisions included in the Federal Award.
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Contract Form
Entity Information
Entity Name* Entity ID*
DEPARTMENT OF HOMELAND @00028683
SECURITY
Contract Name *
2024 EMPG AWARD LETTERS
Contract Status
CTB REVIEW
O New Entity?
Contract ID
8847
Contract Lead *
GMARQUEZ
Contract Lead Email
gmarquez@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description
TWO AWARD LETTERS FROM THE STATE FOR THE 2024 EMERGENCY MANAGEMENT PERFORMANCE GRANT.
THESE LETERS DOCUMENT THE SMALL DOLLAR GRANT AWARD FROM THE STATE TO WELD COUNTY.
Contract Description 2
Contract Type
AWARD
Amount*
$91,496.00
Renewable *
YES
Automatic Renewal
Grant
IGA
Department
OEM
Department Email
CM-OEM@weld.gov
Department Head Email
CM-OEM-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 11/14/2024
11/18/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date *
09/30/2025
Renewal Date *
10/27/2025
Committed Delivery Date Expiration Date
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
ROY RUDISILL
DH Approved Date
11/07/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
11/18/2024
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
11/07/2024 11/08/2024
Tyler Ref #
AG 111824
Originator
GMARQUEZ
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