HomeMy WebLinkAbout20242891.tiffRESOLUTION
RE: APPROVE GRANT AGREEMENT STATEMENT OF WORK AND ACCEPT GRANT
FUNDS FOR MAKE AMERICA BEAUTIFUL PROGRAM PARTNERSHIP FOR
PAWNEE NATIONAL GRASSLAND AREA NOXIOUS WEED PROJECT, AND
AUTHORIZE DEPARTMENT OF PUBLIC WORKS 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, pursuant to the America the Beautiful Challenge presented by the U.S. Fish
and Wildlife Services, National Fish and Wildlife Foundation, the Colorado Department of
Agriculture awarded Make America Beautiful Grant Funds to six (6) local partnership agencies,
and
WHEREAS, on May 14, 2024, the Grant Agreement for the Make America Beautiful Grant
Program between the Jefferson Conservation District and the Colorado Department of Agriculture
was executed, and
WHEREAS, the Board has been presented with a Statement of Work (Exhibit "A" to said
Grant Agreement) for Make America Beautiful Program Partnership Grant Funds for the Pawnee
National Grassland Area Noxious Weed Project between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Department
of Public Works, in partnership with the Jefferson Conservation District, who entered into an
agreement with the Colorado Department of Agriculture, with further terms and conditions being
as stated in said agreement statement of work, and
WHEREAS, after review, the Board deems it advisable to approve said agreement
statement of work, a copy of which is attached hereto and incorporated herein by reference, and
to accept said grant funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Statement of Work (Exhibit "A" to said Grant Agreement) for
Make America Beautiful Program Partnership Grant Funds for the Pawnee National Grassland
Area Noxious Weed Project between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Public Works,
in partnership with the Jefferson Conservation District, who entered into an agreement with the
Colorado Department of Agriculture, be, and hereby is, approved, and said grant funds, be, and
hereby are, accepted.
BE IT FURTHER RESOLVED by the Board that the Department of Public Works be, and
hereby is, authorized to disburse said grant funds.
GG'.QW (CN Jowl op/se ITh), p1C F(cP/cD)
2024-2891
EG0082
GRANT AGREEMENT STATEMENT OF WORK AND GRANT FUNDS FOR MAKE AMERICA
BEAUTIFUL PROGRAM PARTNERSHIP FOR PAWNEE NATIONAL GRASSLAND AREA
NOXIOUS WEED PROJECT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of October, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT O
ATTEST: ,.J `v7 %4
Weld County Clerk to the Board
BY: CLU ►( • lCLi COLIC
Deputy Clerk to the Board
County :rney
Date of signature: I' ke IZ
0
Ross, Chair
Perry L.
U V ~
ike eeman
. James
Saine
2024-2891
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Col-lb/ad- IDA 8158'
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Make America Beautiful Grant Program
DEPARTMENT: Public Works DATE: September 23, 2024
PERSON REQUESTING: Tina Booton
Brief description of the problem/issue:
The Colorado Department of Agriculture Noxious Weed Division secured a grant from the Make America
Beautiful project distributed through the National Fish and Wildlife Foundation. They have reached out to Weld
County Weed Division because of our active program asking if we would like to participate along with six other
entities in the state. This grant program would be for the same area that the ReStORE project covers (east of
Highway 85 and north of CR 90), the same species and the same requirements. This new grant program would
start in 2025 and run through 2026 giving landowners in the project area two additional years of increased
cost -share help addressing their noxious weeds, after the ReStORE program ends in 2024.
The Jefferson Conservation District (one of the partners) will oversee the project, submit combined reports,
and distribute funds, as appropriate, on behalf of the Colorado Department of Agriculture.
What options exist for the Board?
Consequences: If the Board agrees to participate in this grant opportunity, the citizens of Northern
Weld County have the potential to benefit from financial help addressing their noxious weeds.
Impacts: If the Board does not participate in the grant opportunity, the landowners in Northern Weld
County will have to pay the full cost of addressing their noxious weeds.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): This Make America Beautiful
grant opportunity would give Weld County $80,000 to cost -share with landowners on a reimbursement basis.
The cost -share would pay 80% up to a set dollar for herbicide treatments. The in -kind match requirement is
$102,460. This in -kind match would come from the landowner's match (20%), as well as work that the Weed
Division already does (roadside spraying and seeking landowner compliance with the state law and county
code) over the two years of the program.
Recommendation: Staff recommends participating in the Make America Beautiful grant opportunity and
placing it on the BOCC agenda for consideration.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross , Chair
Lori Saine
>5
2024-2891
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DocuSign Envelope ID: 5816653D-673E-42D5-90D3-7994F700E542
STATE OF COLORADO GRANT AGREEMENT
COVER PAGE
State Agency
Colorado Department of Agriculture
Agreement Number
CTGG1,BDAA,2024-3635
CMS#: 190018
Grantee
Jefferson Conservation District
Grantee UEI
YL5
JEE2FNBK1YL5
Agreement Performance Beginning Date
The later of the Effective Date
Initial Agreement Expiration Date
November 30, 2026
Agreement Maximum Amount
Initial Term
State Fiscal Year 2024 $1,225,000.00
Extension Terms
State Fiscal Year 2025 $0.00
State Fiscal Year 2026 $0.00
State Fiscal Year 2027 $0.00
State Fiscal Year 2028 $0.00
Total for All State Fiscal Years $1,225,000.00
Fund Expenditure End Date
December 31, 2026
Agreement Authority
GRANTEE NAMED IN GRANT AWARD. NATIONAL
FISH AND WILDLIFE FOUNDATION
GRANT AWARD NUMBER: 5200.23.077714
Funding Agency: US Fish & Wildlife Services
Agreement Purpose
This agreement will provide funding to the Jefferson Conservation District (JCD), to serve as the lead agency for the South
Platte River Watershed Group project funded through the America the Beautiful Challenge. This project will work to build
community and ecosystem resiliency, protect critical drinking water sources, and improve habitat and watershed health by
leading fuel reduction efforts, targeting unhealthy forest stands and invasive species, and engaging a diverse community within
this major wildland urban interface. JCD will provide grant administration for the partner projects, including reporting metrics
and invoicing Colorado Department of Agriculture on a quarterly basis.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A, Statement of Work
2. Exhibit B, Budget
3. Exhibit C, Sample Option Letter
4. Exhibit D, Federal Provisions
5. Exhibit E, PII Certification
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or
inconsistency shall be resolved by reference to the documents in the following order of priority:
1. Exhibit D, Federal Provisions
2. Colorado Special Provisions in §18 of the main body of this Agreement
3. The provisions of the other sections of the main body of this Agreement
4. Exhibit A, Statement of Work
5. Exhibit E, PII Certification
6. Exhibit B, Budget
7. Exhibit C, Sample Option Letter
Principal Representatives
For the State: For Grantee:
Patty York Garrett Stephens
Colorado Department of Agriculture Jefferson Conservation District
305 Interlocken Parkway 10799 W. Alameda Ave. #261205
Broomfield CO 80021 Lakewood, CO 80226
patty.york@state.co.us garrets.stephens#lijeffersoncd.com
Grant Agreement Number:
CTGG 1,BDAA,2024-3635
CMS#: 190018
Version 01.2023
Page 1 of 45
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SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement
and to bind the Party authorizing such signature.
GRANTEE
Jefferson Conservation District
r-DoeuSigned by:
By: Lorrie Ray, Vice Presidenf,T and of Supervisor
Date:
5/13/2024
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of Agriculture
Kate Greenberg, Commissioner
„e-DocuSigned by:
NUis a t,ln.l&
By: Hollis Glenn, Dept'VEINifEliftter of Operations
Date: 5/14/2024
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
DocuSigned by:
By: Christi Kamgst'lini°tir Delegate
Effective Date: 5/14/2024
Grant Agreement Number:
CTGG 1,BDAA,2024-3635
CMS#: 190018
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TABLE OF CONTENTS
COVER PAGE 1
SIGNATURE PAGE 2
1. PARTIES 3
2. TERM AND EFFECTIVE DATE 3
3. DEFINITIONS 5
4. STATEMENT OF WORK 7
5. PAYMENTS TO GRANTEE 8
6. REPORTING - NOTIFICATION 10
7. GRANTEE RECORDS 11
8. CONFIDENTIAL INFORMATION -STATE RECORDS 12
9. CONFLICTS OF INTEREST 13
10. INSURANCE 14
11. BREACH OF AGREEMENT 16
12. REMEDIES 16
13. DISPUTE RESOLUTION 18
14. NOTICES AND REPRESENTATIVES 19
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 19
16. STATEWIDE CONTRACT MANAGEMENT SYSTEM 20
17. GENERAL PROVISIONS 20
18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) 24
EXHIBIT A, STATEMENT OF WORK 1
EXHIBIT B, BUDGET 1
EXHIBIT C, SAMPLE OPTION LETTER 1
EXHIBIT D, FEDERAL PROVISIONS 1
EXHIBIT E, PII CERTIFICATION 1
1. PARTIES
This Agreement is entered into by and between Grantee named on the Cover Page for this
Agreement (the "Grantee"), and the STATE OF COLORADO acting by and through the State
agency named on the Cover Page for this Agreement (the "State"). Grantee and the State agree to
the terms and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds
shall be expended by the Fund Expenditure End Date shown on the Signature and Cover Page
for this Agreement. The State shall not be bound by any provision of this Agreement before
the Effective Date, and shall have no obligation to pay Grantee for any Work performed or
expense incurred before the Effective Date, except as described in §5.D, or after the Fund
Expenditure End Date
B. Initial Term
The Parties' respective performances under this Agreement shall commence on the
Agreement Performance Beginning Date shown on the Cover Page for this Agreement and
shall terminate on the Initial Agreement Expiration Date shown on the Cover Page for this
Grant Agreement Number:
CTGG 1,BDAA,2024-3635
CMS#: 190018
Version 01.2023
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Agreement (the "Initial Term") unless sooner terminated or further extended in accordance
with the terms of this Agreement.
C. Extension Terms - State's Option
The State, at its discretion, shall have the option to extend the performance under this
Agreement beyond the Initial Term for a period, or for successive periods, of one year or less
at the same rates and under the same terms specified in this Agreement (each such period an
"Extension Term"). In order to exercise this option, the State shall provide written notice to
Grantee in a form substantially equivalent to Sample Option Letter attached to this
Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place,
the State, at its discretion, upon written notice to Grantee as provided in §14, may unilaterally
extend such Initial Term or Extension Term for a period not to exceed two months (an "End
of Term Extension"), regardless of whether additional Extension Terms are available or not.
The provisions of this Agreement in effect when such notice is given shall remain in effect
during the End of Term Extension. The End of Term Extension shall automatically terminate
upon execution of a replacement Agreement or modification extending the total term of this
Agreement.
E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado
as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to
further the public interest of the State, the State, in its discretion, may terminate this
Agreement in whole or in part. A determination that this Agreement should be terminated in
the public interest shall not be equivalent to a State right to terminate for convenience. This
subsection shall not apply to a termination of this Agreement by the State for breach by
Grantee, which shall be governed by 12.A.i.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §14. The notice
shall specify the effective date of the termination and whether it affects all or a portion
of this Agreement, and shall include, to the extent practicable, the public interest
justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Grantee shall
be subject to the rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Grantee
an amount equal to the percentage of the total reimbursement payable under this
Agreement that corresponds to the percentage of Work satisfactorily completed and
accepted, as determined by the State, less payments previously made. Additionally, if
this Agreement is less than 60% completed, as determined by the State, the State may
reimburse Grantee for a portion of actual out-of-pocket expenses, not otherwise
Grant Agreement Number:
CTGG 1,BDAA,2024-3635
CMS#: 190018
Version 01.2023
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reimbursed under this Agreement, incurred by Grantee which are directly attributable
to the uncompleted portion of Grantee's obligations, provided that the sum of any and
all reimbursement shall not exceed the maximum amount payable to Grantee hereunder.
F. Grantee's Termination Under Federal Requirements
Grantee may request termination of this Grant by sending notice to the State, or to the Federal
Awarding Agency with a copy to the State, which includes the reasons for the termination
and the effective date of the termination. If this Grant is terminated in this manner, then
Grantee shall return any advanced payments made for work that will not be performed prior
to the effective date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Agreement" means this agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any future
modifications thereto.
B. "Award" means an award by a Recipient to a Subrecipient funded in whole or in part by a
Federal Award. The terms and conditions of the Federal Award flow down to the Award
unless the terms and conditions of the Federal Award specifically indicate otherwise.
C. "Breach of Agreement" means the failure of a Party to perform any of its obligations in
accordance with this Agreement, in whole or in part or in a timely or satisfactory manner.
The institution of proceedings under any bankruptcy, insolvency, reorganization or similar
law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or
any of its property, which is not vacated or fully stayed within 30 days after the institution of
such proceeding, shall also constitute a breach. If Grantee is debarred or suspended under
§24-109-105, C.R.S. at any time during the term of this Agreement, then such debarment or
suspension shall constitute a breach.
D. "Budget" means the budget for the Work described in Exhibit B.
E. "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 §24-11-101(1), C.R.S.
F. "CORA" means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
G. "Effective Date" means the date on which this Agreement is approved and signed by the
Colorado State Controller or designee, as shown on the Signature for this Agreement.
H. "End of Term Extension" means the time period defined in §2.D.
I. "Exhibits" means the exhibits and attachments included with this Agreement as shown on
the Cover Page for this Agreement.
J. "Extension Term" means the time period defined in §2.C.
K. "Federal Award" means an award of Federal financial assistance or a cost -reimbursement
contract, under the Federal Acquisition Regulations or by a formula or block grant, by a
Federal Awarding Agency to the Recipient. "Federal Award" also means an agreement
Grant Agreement Number:
CTGG I,BDAA,2024-3635
CMS#: 190018
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setting forth the terms and conditions of the Federal Award. The term does not include
payments to a contractor or payments to an individual that is a beneficiary of a Federal
program.
L. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient. United States Fish & Wildlife Service (USFWS) is the Federal Awarding Agency
for the Federal Award which is the subject of this Agreement.
M. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Agreement and shall include any movable material acquired, produced, or
delivered by Grantee in connection with the Services.
N. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Agreement.
O. "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, which are included as part of the
Work, as described in §§24-37.5-401, et seq. C.R.S. Incidents include, without limitation, (i)
successful attempts to gain unauthorized access to a State system or State Records regardless
of where such information is located; (ii) unwanted disruption or denial of service; (iii) the
unauthorized use of a State system for the processing or storage of data; or (iv) changes to
State system hardware, firmware, or software characteristics without the State's knowledge,
instruction, or consent.
P. "Initial Term" means the time period defined in §2.B.
Q. "Matching Funds" means the funds provided Grantee as a match required to receive the
Grant Funds.
R. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
S. "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; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §§24-72-501 and 24-73-101, C.R.S. "PII" shall also mean
"personal identifying information" as set forth at § 24-74-102, et. seq., C.R.S.
T. "Recipient" means the State agency shown on the Signature and Cover Page of this
Agreement, for the purposes of this Federal Award.
U. "Services" means the services to be performed by Grantee as set forth in this Agreement and
shall include any services to be rendered by Grantee in connection with the Goods.
V. "State Confidential Information" means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII and State
personnel records not subject to disclosure under CORA. State Confidential Information shall
not include information or data concerning individuals that is not deemed confidential but
nevertheless belongs to the State, which has been communicated, furnished, or disclosed by
Grant Agreement Number:
CTGG 1,BDAA,2024-3635
CMS#: 190018
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the State to Grantee which (i) is subject to disclosure pursuant to CORA; (ii) is already known
to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or subsequently
becomes publicly available without breach of any obligation owed by Grantee to the State;
(iv) is disclosed to Grantee, without confidentiality obligations, by a third party who has the
right to disclose such information; or (v) was independently developed without reliance on
any State Confidential Information.
W. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
X. "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. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
Y. "State Records" means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
Z. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub -grantees of grant funds.
AA. "Subrecipient" means a non -Federal entity that receives a sub -award from a Recipient to
carry out part of a Federal program, but does not include an individual that is a beneficiary
of such program. A Subrecipient may also be a recipient of other Federal Awards directly
from a Federal Awarding Agency. For the purposes of this Agreement, Grantee is a
Subrecipient.
BB. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards.
CC. "Work" means the Goods delivered and Services performed pursuant to this Agreement.
DD. "Work Product" means the tangible and intangible results of the Work, 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.
"Work Product" does not include any material that was developed prior to the Effective Date
that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Agreement and in accordance with the
provisions of Exhibit A and Exhibit B. The State shall have no liability to compensate Grantee for
the delivery of any goods or the performance of any services that are not specifically set forth in
this Agreement.
Grant Agreement Number:
CTGG 1,BDAA,2024-3635
CMS#: 190018
Version 01.2023
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5. PAYMENTS TO GRANTEE
A. Maximum Amount
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 Agreement
Maximum for each State Fiscal Year shown on the Cover Page of this Agreement.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Grantee in the amounts and in accordance with the schedule
and other conditions set forth in Exhibit A and Exhibit B.
b. Grantee shall initiate payment requests by invoice to the State, in a form and
manner approved by the State.
c. The State shall pay each invoice within 45 days following the State's receipt of
that invoice, so long as the amount invoiced correctly represents Work completed
by Grantee and previously accepted by the State during the term that the invoice
covers. If the State determines that the amount of any invoice is not correct, then
Grantee shall make all changes necessary to correct that invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work
performed or deliverables provided under this Agreement.
ii. Interest
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 of 1% per
month, as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however,
that interest shall not accrue on unpaid amounts that the State disputes in writing.
Grantee shall invoice the State separately for accrued interest on delinquent amounts,
and the invoice shall reference the delinquent payment, the number of day's interest to
be paid and the interest rate.
iii. 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.
iv. Available Funds -Contingency -Termination
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
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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 Services and Goods that are delivered 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 §2.E.
v. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding
Agency or the State to disallow costs and recover funds on the basis of a later audit or
other review. Any cost disallowance recovery is to be made within the Record
Retention Period, as defined below.
C. Matching Funds
Grantee shall provide Matching Funds as provided in §5.A and Exhibit A and Exhibit B. .
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" in Exhibit A and Exhibit B has been legally appropriated for the purposes
of this Agreement by its authorized representatives and paid into its treasury or bank account.
D. Reimbursement of Grantee Costs
Only with prior written approval, the State shall reimburse Grantee's allowable costs, not
exceeding the maximum total amount described in Exhibit A, Exhibit B and §5.A for all
allowable costs described in this Grant and shown in the Budget, except that Grantee may
adjust the amounts between each line item of the Budget without formal modification to this
Agreement as long as the Grantee provides notice to the State of the change, the change does
not modify the total maximum amount of this Agreement or the maximum amount for any
state fiscal year, and the change does not modify any requirements of the Work. The State
shall reimburse Grantee for the federal share of properly documented allowable costs related
to the Work after review and approval thereof, subject to the provisions of this Agreement
and Exhibit A and Exhibit B. However, any costs incurred by Grantee prior to the Effective
Date shall not be reimbursed absent specific allowance of pre -award costs and indication that
the Federal Award funding is retroactive. Grantee's costs for Work performed after the Fund
Expenditure End Date shown on the Signature and Cover Page for this Agreement, 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:
Grant Agreement Number:
CTGG 1,BDAA,2024-3635
CMS#: 190018
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i. Reasonable and necessary to accomplish the Work and for the Goods and Services
provided; and
ii. Equal to the actual net cost to Grantee (i.e. the price paid minus any items of value
received by Grantee that reduce the cost actually incurred).
E. Close -Out
Grantee shall close out this Award within 45 days after the Fund Expenditure End Date shown
on the Signature and Cover Page for this Agreement. 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. The State will withhold 5% of
allowable costs until all final documentation has been submitted and accepted by the State as
substantially complete. If the Federal Awarding Agency has not closed this Federal Award
within one year and 90 days after the Fund Expenditure End Date shown on the Signature
and Cover Page for this Agreement due to Grantee's failure to submit required
documentation, then Grantee may be prohibited from applying for new Federal Awards
through the State until such documentation is submitted and accepted.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to §16 or pursuant to any other Exhibit, for any
Agreement having a term longer than three months, Grantee shall submit, on a quarterly basis,
a written report specifying progress made for each specified performance measure and
standard in this Agreement. Such progress report shall be in accordance with the procedures
developed and prescribed by the State. Progress reports shall be submitted to the State not
later than 30 days following the end of each calendar quarter, as specified in the Statement
of Work.
B. Litigation 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 ten days after being served, notify the State of such action
and deliver copies of such pleading or document to the State's Principal Representative
identified on the Cover Page for this Agreement.
C. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than 45
calendar days after the end of the Initial Term if no Extension Terms are exercised, or the
final Extension Term exercised by the State, containing an evaluation and review of Grantee's
performance and the final status of Grantee's obligations hereunder.
D. Violations Reporting
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 Federal Award. The State or the Federal Awarding
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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.
7. GRANTEE RECORDS
A. Maintenance
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 or the
delivery of Services (including, but not limited to the operation of programs) or Goods
hereunder. Grantee shall maintain such 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 findings 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.
B. Inspection
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.
C. Monitoring
The State will 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, may monitor Grantee's performance of its
obligations under this Agreement using procedures as determined by that governmental
entity. Grantee shall allow the State to perform all monitoring required by the Uniform
Guidance, based on the State's risk analysis of Grantee and this Agreement. The State shall
have the right, in its sole discretion, to change its monitoring procedures and requirements at
any time during the term of this Agreement. The State shall monitor Grantee's performance
in a manner that does not unduly interfere with Grantee's performance of the Work.
D. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee's records that relates to or affects this Agreement or the Work, whether
the audit is conducted by Grantee or a third party. Additionally, if Grantee is required to
perform a single audit under 2 CFR 200.501, et seq., then Grantee shall submit a copy of the
Grant Agreement Number:
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results of that audit to the State within the same timelines as the submission to the federal
government.
8. CONFIDENTIAL INFORMATION -STATE RECORDS
A. 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. Grantee shall provide for the security
of all State Confidential Information in accordance with all policies promulgated by the
Colorado Office of Information Security and all applicable laws, rules, policies, publications,
and guidelines. Grantee shall immediately forward any request or demand for State Records
to the State's Principal Representative.
B. 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 Subcontractor 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.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. 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.
D. 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 that 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
Grant Agreement Number:
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CMS#: 190018
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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 costs thereof
E. 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, State non -disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Grantee shall be a
"Third -Party Service Provider" as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as
set forth in § 24-74-102, et. seq., C.R.S., Contractor, including, but not limited to,
Contractor'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 Contractor is given direct access to any State
databases containing PII, Contractor shall execute, on behalf of itself and its employees, the
certification attached hereto as Exhibit E on an annual basis Contractor's duty and obligation
to certify as set forth in Exhibit E shall continue as long as Contractor has direct access to
any State databases containing PII. If Contractor uses any Subcontractors to perform services
requiring direct access to State databases containing PII, the Contractor shall require such
Subcontractors to execute and deliver the certification to the State on an annual basis, so long
as the Subcontractor has access to State databases containing PII.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Grantee shall not engage in any business or activities, or maintain any relationships that
conflict in any way with the full performance of the obligations of Grantee under this
Agreement. Such a conflict of interest would arise when a Grantee or Subcontractor's
employee, officer or agent were to offer or provide any tangible personal benefit to an
employee of the State, or any member of his or her immediate family or his or her partner,
related to the award of, entry into or management or oversight of this Agreement.
B. Apparent Conflicts of Interest
Grantee acknowledges that, with respect to this Agreement, even the appearance of a conflict
of interest shall be harmful to the State's interests. Absent the State's prior written approval,
Grantee shall refrain from any practices, activities or relationships that reasonably appear to
be in conflict with the full performance of Grantee's obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict
or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure
Grant Agreement Number:
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CMS#: 190018
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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.
D. Contractor acknowledges that all State employees are subject to the ethical principles
described in §24-18-105, C.R.S. Contractor further acknowledges that State employees may
be subject to the requirements of (24-18-105, C.R.S. with regard to this Contract.
10. INSURANCE
Grantee shall obtain and maintain insurance as specified in this section, at all times during the term
of this Agreement. Grantee shall ensure that each Subcontractor obtain and maintain insurance
according to sections A, B, C, and G -J during the term of this Agreement. All insurance policies
required by this Agreement that are not provided through self-insurance shall be issued by
insurance companies as approved by the State. It is Grantee's responsibility to ensure the required
insurance levels, when applicable, are met with each Subcontractor as part of this agreement.
A. Workers' Compensation (Grantee & Subcontractors)
Workers' compensation insurance as required by state statute, and employers' liability
insurance covering all Grantee or Subcontractor employees acting within the course and
scope of their employment.
B. General Liability (Grantee & Subcontractors)
Commercial general liability insurance covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any one fire.
C. Automobile Liability (Grantee & Subcontractors)
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.
D. Cyber/Network Security and Privacy Liability (Grantee)
Liability insurance covering civil, regulatory, and statutory damages, contractual damages,
data breach management exposure, and any loss of income or extra expense as a result of
actual or alleged breach, violation, or infringement of right to privacy, consumer data
protection law, confidentiality or other legal protection for personal information, as well as
State Confidential Information with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
E. Professional Liability Insurance (Grantee)
Grant Agreement Number:
CTGG I,BDAA,2024-3635
CMS#: 190018
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Professional liability insurance covering any damages caused by an error, omission or any
negligent act with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
F. Crime Insurance (Grantee)
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
G. Additional Insured (Grantee & Subcontractors)
The State shall be named as additional insured on all commercial general liability policies
(leases and construction contracts require additional insured coverage for completed
operations) required of Grantee and Subcontractors.
It. Primacy of Coverage (Grantee & Subcontractors)
Coverage required of Grantee and each Subcontractor shall be primary and noncontributory
over any insurance or self-insurance program carried by Grantee or the State.
Cancellation (Grantee & Subcontractors)
All commercial insurance policies shall include provisions preventing cancellation or non -
renewal, except for cancellation based on non-payment of premiums, without at least 30 days
prior notice to Grantee and Grantee shall forward such notice to the State in accordance with
§14 within seven days of Grantee's receipt of such notice.
J. Subrogation Waiver (Grantee & Subcontractors)
All commercial insurance policies secured or maintained by Grantee or its Subcontractors in
relation to this Agreement 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.
K. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity
Act, §§24-10-101, et seq., C.R.S. (the "GIA"), Grantee shall maintain, in lieu of the liability
insurance requirements stated above, at all times during the term of this Agreement such
liability insurance, by commercial policy or self-insurance, as is necessary to meet its
liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA,
Grantee shall ensure that the Subcontractor maintain at all times during the terms of this
Grantee, in lieu of the liability insurance requirements stated above, such liability insurance,
by commercial policy or self-insurance, as is necessary to meet the Subcontractor's
obligations under the GIA.
L. Certificates
For each commercial insurance plan provided by Grantee under this Agreement, Grantee
shall provide to the State certificates evidencing Grantee's insurance coverage required in
Grant Agreement Number:
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this Agreement within seven Business Days following the Effective Date. Grantee shall
provide to the State certificates evidencing Subcontractor insurance coverage required under
this Agreement within seven Business Days following the Effective Date, except that, if
Grantee's subcontract is not in effect as of the Effective Date, Grantee shall provide to the
State certificates showing Subcontractor insurance coverage required under this Agreement
within seven Business Days following Grantee's execution of the subcontract. No later than
15 days before the expiration date of Grantee's or any Subcontractor's coverage, Grantee
shall deliver to the State certificates of insurance evidencing renewals of coverage. At any
other time during the term of this Agreement, upon request by the State, Grantee shall, within
seven Business Days following the request by the State, supply to the State evidence
satisfactory to the State of compliance with the provisions of this section.
11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of
Agreement to the other Party. If the notified Party does not cure the breach, at its sole expense,
within 30 days after the delivery of written notice, the Party may exercise any of the remedies as
described in §12 for that Party. Notwithstanding any provision of this Agreement to the contrary,
the State, in its discretion, need not provide notice or a cure period and may immediately terminate
this Agreement in whole or in part or institute any other remedy in this Agreement in order to
protect the public interest of the State; or if Grantee is debarred or suspended under §24-109-105,
C.R.S., the State, in its discretion, need not provide notice or cure period and may terminate this
Agreement in whole or in part or institute any other remedy in this Agreement as of the date that
the debarment or suspension takes effect.
12. REMEDIES
A. State's Remedies
If Grantee is in breach under any provision of this Agreement and fails to cure such breach,
the State, following the notice and cure period set forth in §11, shall have all of the remedies
listed in this section in addition to all other remedies set forth in this Agreement or at law.
The State may exercise any or all of the remedies available to it, in its discretion, concurrently
or consecutively.
i. Termination for Breach
In the event of Grantee's uncured breach, the State may terminate this entire Agreement
or any part of this Agreement. Additionally, if Grantee fails to comply with any terms
of the Federal Award, then the State may, in its discretion or at the direction of a Federal
Awarding Agency, terminate this entire Agreement or any part of this Agreement.
Grantee shall continue performance of this Agreement to the extent not terminated, if
any.
a. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further
obligations or render further performance past the effective date of such notice,
and shall terminate outstanding orders and subcontracts with third parties.
However, Grantee shall complete and deliver to the State all Work not cancelled
by the termination notice, and may incur obligations as necessary to do so within
Grant Agreement Number:
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CMS#: 190018
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this Agreement's terms. At the request of the State, Grantee shall assign to the
State all of Grantee's rights, title, and interest in and to such terminated orders or
subcontracts. Upon termination, Grantee shall take timely, reasonable and
necessary action to protect and preserve property in the possession of Grantee but
in which the State has an interest. At the State's request, Grantee shall return
materials owned by the State in Grantee's possession at the time of any
termination. Grantee shall deliver all completed Work Product and all Work
Product that was in the process of completion to the State at the State's request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Grantee for
accepted Work received as of the date of termination. If, after termination by the
State, the State agrees that Grantee was not in breach or that Grantee's action or
inaction was excusable, such termination shall be treated as a termination in the
public interest, and the rights and obligations of the Parties shall be as if this
Agreement had been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee shall remain
liable to the State for any damages sustained by the State in connection with any
breach by Grantee, and the State may withhold payment to Grantee for the purpose
of mitigating the State's damages until such time as the exact amount of damages
due to the State from Grantee is determined. The State may withhold any amount
that may be due Grantee as the State deems necessary to protect the State against
loss including, without limitation, loss as a result of outstanding liens and excess
costs incurred by the State in procuring from third parties replacement Work as
cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional
remedies:
a. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of the Work
pending corrective action as specified by the State without entitling Grantee to an
adjustment in price or cost or an adjustment in the performance schedule. Grantee
shall promptly cease performing Work and incurring costs in accordance with the
State's directive, and the State shall not be liable for costs incurred by Grantee
after the suspension of performance.
b. Withhold Payment
Withhold payment to Grantee until Grantee corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Grantee's actions or
inactions, cannot be performed or if they were performed are reasonably of no
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value to the state; provided, that any denial of payment shall be equal to the value
of the obligations not performed.
d. Removal
Demand immediate removal of any of Grantee's employees, agents, or
Subcontractors from the Work whom the State deems incompetent, careless,
insubordinate, unsuitable, or otherwise unacceptable or whose continued relation
to this Agreement is deemed by the State to be contrary to the public interest or
the State's best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any
Work is likely to infringe, a patent, copyright, trademark, trade secret or other
intellectual property right, Grantee shall, as approved by the State (i) secure that
right to use such Work for the State and Grantee; (ii) replace the Work with
noninfringing Work or modify the Work so that it becomes noninfringing; or, (iii)
remove any infringing Work and refund the amount paid for such Work to the
State.
B. Grantee's Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach,
Grantee, following the notice and cure period in §11 and the dispute resolution process in
§13 shall have all remedies available at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this
Agreement which cannot be resolved by the designated Agreement representatives shall be
referred in writing to a senior departmental management staff member designated by the State
and a senior manager designated by Grantee for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within ten Business
Days, Grantee shall submit any alleged breach of this Agreement by the State to the
Procurement Official of the State Agency named on the Cover Page of this Agreement as
described in §24-101-301(30), C.R.S. for resolution following the same resolution of
controversies process as described in §§24-106-109, and 24-109-101.1 through 24-109-505,
C.R.S. (the "Resolution Statutes"), except that if Grantee wishes to challenge any decision
rendered by the Procurement Official, Grantee's challenge shall be an appeal to the executive
director of the Department of Personnel and Administration, or their delegate, in the same
manner as described in the Resolution Statutes before Grantee pursues any further action.
Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall
apply including, without limitation, time limitations regardless of whether the Colorado
Procurement Code applies to this Agreement.
Grant Agreement Number:
CTGG 1,BDAA,2024-3635
CMS#: 190018
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14. NOTICES AND REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall
be the principal representative of the designating Party. All notices required or permitted to be
given under this Agreement shall be in writing, and shall be delivered (A) by hand with receipt
required, (B) by certified or registered mail to such Party's principal representative at the address
set forth below or (C) as an email with read receipt requested to the principal representative at the
email address, if any, set forth on the Cover Page for this Agreement. If a Party delivers a notice
to another through email and the email is undeliverable, then, unless the Party has been provided
with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with
receipt required or by certified or registered mail to such Party's principal representative at the
address set forth on the Cover Page for this Agreement. Either Party may change its principal
representative or principal representative contact information, or may designate specific other
individuals to receive certain types of notices in addition to or in lieu of a principal representative,
by notice submitted in accordance with this section without a formal amendment to this Agreement.
Unless otherwise provided in this Agreement, notices shall be effective upon delivery of the written
notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
i. Copyrights
Reserved.
ii. Patents
Reserved.
iii. Assignments and Assistance
Whether or not Grantee is under contract with the State at the time, Grantee shall
execute applications, assignments, and other documents, and shall render all other
reasonable assistance requested by the State, to enable the State to secure patents,
copyrights, licenses and other intellectual property rights related to the Work Product.
The Parties intend the Work Product to be works made for hire. Grantee assigns to the
State and its successors and assigns, the entire right, title, and interest in and to all
causes of action, either in law or in equity, for past, present, or future infringement of
intellectual property rights related to the Work Product and all works based on, derived
from, or incorporating the Work Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State
Records, State software, research, reports, studies, photographs, negatives or other
documents, drawings, models, materials, data and information shall be the exclusive property
of the State (collectively, "State Materials"). Grantee shall not use, willingly allow, cause or
permit Work Product or State Materials to be used for any purpose other than the performance
of Grantee's obligations in this Agreement without the prior written consent of the State.
Upon termination of this Agreement for any reason, Grantee shall provide all Work Product
and State Materials to the State in a form and manner as directed by the State.
Grant Agreement Number:
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CMS#: 190018
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C. Exclusive Property of Grantee
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 and/or video, and third -
party materials, delivered by Grantee under this 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 this Agreement or a State approved
license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State
from the applicable third -party vendor, or (iii) in the case of open source software, the license
terms set forth in the applicable open source license agreement.
16. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Agreement is $100,000 or greater, either on
the Effective Date or at any time thereafter, this section shall apply. Grantee agrees to be governed
by and comply with the provisions of §§24-106-103, 24-102-206, 24-106-106, and 24-106-107,
C.R.S. regarding the monitoring of vendor performance and the reporting of Agreement
performance information in the State's Agreement management system ("Contract Management
System" or "CMS"). Grantee's performance shall be subject to evaluation and review in
accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS,
and State Fiscal Rules and State Controller policies.
17. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Agreement are personal and may not be
transferred or assigned without the prior, written consent of the State. Any attempt at
assignment or transfer without such consent 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.
B. Subcontracts
Grantee shall not enter into any subgrant or subcontract in connection with its obligations
under this Agreement without the prior, written approval of the State. Subcontractor
engagement as identified in grant award has already obtain approval of the State. Grantee
shall submit to the State a copy of each such subgrant or subcontract upon request by the
State. All subgrants and 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. If the entity with whom Grantee enters into a subcontract
or subgrant would also be considered a Subrecipient, then the subcontract or subgrant entered
into by Grantee shall also contain provisions permitting both Grantee and the State to perform
all monitoring of that Subcontractor in accordance with the Uniform Guidance.
Grant Agreement Number:
CTGG 1,BDAA,2024-3635
CM.: 190018
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C. Binding Effect
Except as otherwise provided in §17.A, all provisions of this Agreement, including the
benefits and burdens, shall extend to and be binding upon the Parties' respective successors
and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this
Agreement and the performance of such Party's obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall
not be used to interpret, define, or limit its provisions. All references in this Agreement to
sections (whether spelled out or using the § symbol), subsections, exhibits or other
attachments, are references to sections, subsections, exhibits or other attachments contained
herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and
the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties
related to the Work, and all prior representations and understandings related to the Work, oral
or written, are merged into this Agreement. Prior or contemporaneous additions, deletions,
or other changes to this Agreement shall not have any force or effect whatsoever, unless
embodied herein.
H. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Agreement by reference.
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall
only be effective if agreed to in a formal amendment to this Agreement, properly executed
and approved in accordance with applicable Colorado State law and State Fiscal Rules.
Modifications permitted under this Agreement, other than Agreement amendments, shall
conform to the policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or
other authority shall be interpreted to refer to such authority then current, as may have been
changed or amended since the Effective Date of this Agreement.
Grant Agreement Number:
CTGG 1,BDAA,2024-3635
CMS#: 190018
Version 01.2023
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K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any
provision included in any terms, conditions, or agreements appearing on Grantee's or a
Subcontractor's website or any provision incorporated into any click -through or online
agreements related to the Work unless that provision is specifically referenced in this
Agreement.
L. 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 under this
Agreement in accordance with the intent of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or
expiration of this Agreement shall survive the termination or expiration of this Agreement
and shall be enforceable by the other Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle
D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from
State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S.
(Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be
liable for the payment of any excise, sales, or use taxes, regardless of whether any political
subdivision of the state imposes such taxes on Grantee. 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.
O. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described in § 17.A, 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 this Agreement, and do not create any rights for such third
parties.
P. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Agreement,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single
or partial exercise of any right, power, or privilege preclude any other or further exercise of
such right, power, or privilege.
Grant Agreement Number:
CTGG 1,BDAA,2024-3635
CMS#: 190018
Version 01.2023
Page 22 of 45
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Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures
and standards required under §24-106-107, C.R.S., if any, are subject to public release
through the CORA.
R. Standard and Manner of Performance
Grantee shall perform its obligations under this Agreement in accordance with the highest
standards of care, skill and diligence in Grantee's industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations
Grantee shall secure, prior to the Effective Date, and maintain at all times during the term of
this Agreement, at its sole expense, all licenses, certifications, permits, and other
authorizations required to perform its obligations under this Agreement, and shall ensure that
all employees, agents and Subcontractors secure and maintain at all times during the term of
their employment, agency or Subcontractor, all license, certifications, permits and other
authorizations required to perform their obligations in relation to this Agreement.
T. Indemnification
i. General Indemnification
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.
ii. Confidential Information Indemnification
Disclosure or use of State Confidential Information by Grantee in violation of §8 may
be cause for legal action by third parties against Grantee, the State, or their respective
agents. Grantee shall indemnify, save, and hold harmless the Indemnified Parties,
against any and all claims, damages, liabilities, losses, costs, expenses (including
attorneys' fees and costs) incurred by the State in relation to any act or omission by
Grantee, or its employees, agents, assigns, or Subcontractors in violation of §8.
iii. Intellectual Property Indemnification
Grantee shall indemnify, save, and hold harmless the Indemnified Parties, against any
and all costs, expenses, claims, damages, liabilities, and other amounts (including
attorneys' fees and costs) 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.
iv. Accessibility Indemnification
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
Grant Agreement Number:
CTGG 1,BDAA,2024-3635
CMS#: 190018
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Accessibility Standards for Individuals with a Disability as established by OIT pursuant
to Section §24-85-103 (2.5), C.R.S.
U. Compliance with State and Federal Law, Regulations, and Executive Orders
Grantee shall comply with all State and Federal law, regulations, executive orders, State and
Federal Awarding Agency policies, procedures, directives, and reporting requirements at all
times during the term of this Grant.
V. Accessibility
i. Grantee shall comply with and the Work Product provided under this Agreement 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 the
Governor's Office of Information Technology (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.
ii. 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.
18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller
or designee. If this Agreement is for a Major Information Technology Project, as defined in
§24-37.5-102(2.6), C.R.S., then this Agreement shall not be valid until it has been approved
by the State's Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. 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, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VL Ch. 171 and
28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S.
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.
Grant Agreement Number:
CTGG I,BDAA,2024-3635
CM5/1: 190018
Version 01.2023
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D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent contractor 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 (i) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, (ii) provide proof
thereof when requested by the State, and (iii) be solely responsible for its acts and those of
its employees and agents.
E. 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.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
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.
G. PROHIBITED TERMS.
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 this provision in any way shall be void ab initio. Nothing in this Agreement shall be
construed as a waiver of any provision of §24-106-109, C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
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.
Grant Agreement Number:
CTGG 1,BDAA,2024-3635
CMSti: 190018
Version 01.2023
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I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and
24-50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Agreement. Grantee
has no interest and shall not acquire any interest, direct or indirect, that would conflict in any
manner or degree with the performance of Grantee's services and Grantee shall not employ
any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-
202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the
State Controller may withhold payment under the State's vendor offset intercept system for
debts owed to State agencies for: (i) unpaid child support debts or child support arrearages;
(ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et
seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher
Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and
(v) other unpaid debts owing to the State as a result of final agency determination or judicial
action. The State may also recover, at the State's discretion, payments made to Grantee in
error for any reason, including, but not limited to, overpayments or improper payments, and
unexpended or excess funds received by Grantee by deduction from subsequent payments
under this Agreement, deduction from any payment due under any other contracts, grants or
agreements between the State and Grantee, or by any other appropriate method for collecting
debts owed to the State.
Grant Agreement Number:
CTGG 1,BDAA,2024-3635
CMS#: 190018
Version 01.2023
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EXHIBIT A, STATEMENT OF WORK
Jefferson Conservation District
South Platte River Watershed Group
Colorado Department of Agriculture
Conservation Services Division
America the Beautiful Challenge
I. Project Description / Objectives
This project will work to build community and ecosystem resiliency, protect critical drinking water
sources, and improve habitat and watershed health by leading fuel reduction efforts, targeting
unhealthy forest stands and invasive species, and engaging a diverse community within this major
wildland urban interface. This project will occur in the South Platte River watershed where county
governments, conservation districts and non-profit organizations will work to improve resiliency to
future natural disasters such as fires, floods, and droughts.
Individual project descriptions are as follows:
Jefferson Conservation District will complete a project titled Restoring native plant communities in
Jefferson & Clear Creek Counties. JCD implements large-scale (40-200 acre) forest restoration
projects on private land in Jefferson & Clear Creek counties, where wildfire risk and wildlife habitat
are severely departed from historical conditions. While this forestry work is beneficial for the
ecosystem, it often results in heightened noxious weed presence. For this project, JCD will treat
noxious weeds on properties that have completed forest restoration. Properties that wish to do at least
two treatments per year for at least 3 consecutive years will be prioritized.
Boulder Valley & Longmont Conservation Districts will complete the Forest Restoration and Wildfire
Mitigation project to help guide private landowners through the forest management process, from
technical assistance to matching them with available financial assistance to cover treatment cost, to full
project implementation. For the past five years, the districts have been building capacity and now have
three fully trained foresters. This grant would support the implementation of forest restoration projects
on 200 acres in Boulder and/or Gilpin Counties.
Boulder Watershed Collective will complete the Upper Coal Creek Forest Restoration project. This
project intends to improve forest and watershed health and reduce wildfire risk to local communities
by conducting fuels reduction treatments on private lands adjacent to completed US Forest Service
projects. The project will create heterogeneity across the landscape by improving forest structure and
complexity thereby improving habitat, creating a more fire resilient landscape and protecting
communities and critical drinking water sources.
Coalition for the Poudre River Watershed will complete the North Rim Road Wildfire Risk Mitigation
and Forest Health Project. This project will treat private lands in a strategic Wildland Urban Interface
(WUI) area to the west of the mountain community of Glacier View Meadows in Larimer County,
Colorado in the Cache la Poudre (Poudre) watershed. The proposed project aims to reduce forest
density, improve habitat, and protect structures in the community in the event of a wildfire moving in
from the west, as the Cameron Peak Fire did in 2020. The project is within the Elkhorn Creek
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subwatershed, an important tributary to the Poudre River which provides drinking water for over
300,000 people in northern Colorado.
Denver Parks & Recreation will complete the Creating & Restoring Healthy Wildlife Habitats project.
The goal of this project is to improve wildlife habitats, pollinator gardens, and natural areas in
Denver's mountain and urban parks. This project will treat high -priority noxious weeds, restore areas
where prior fuels reduction projects occurred, and will support the city-wide Open Space Team in their
field work.
Weld County will complete their Pawnee National Grasslands Area Noxious Weed Project. This
project is a cost -share noxious weed treatment effort that will coordinate with landowners around the
Pawnee National Grasslands to treat their lands. Landowners will be allowed to do their own work or
hire a contractor and will be reimbursed for chemical and/or contractor costs.
The Watershed Center Staff will complete the Upper Saint Vrain Forest Restoration project. Staff and
hired contractors will conduct forested habitat/fuels management project planning and implementation
on —40 acres of private land within the St. Vrain Watershed. This project will improve the ecological
health, resilience, and climate adaptation of upper montane habitat, and will reduce wildfire risk to
wildlife, communities, and water resources. The Watershed Center will also conduct post -project
noxious weed monitoring to assess the need for intervention within the project areas. If needed,
noxious weed treatments will be performed by hired contractors.
II. Grantee
Grantee Legal Name: Jefferson Conservation District
Grantee dba: Jefferson CD or JCD
Grantee UEI Number: JEE2FNBK1YL5
Grantee Designation: Sub -recipient
Grantor Agency: National Fish and Wildlife Foundation (NFWF)
Grant Award Number: 5200.23.077714
Funding Agency: United States Fish & Wildlife Service (USFWS)
CFDA Number: 15.663
III. Definitions
AtBC
America the Beautiful Challenge
BV&LCD
Boulder Valley & Longmont Conservation District
BWC
Boulder Watershed Collective
CD
Conservation District
CDA or The State
Colorado Department of Agriculture or State of Colorado
CFDA
Catalog of Federal Domestic Assistance
Contractor or
Grantee
May be used interchangeably as the party receiving the grant award
CPRW
Coalition for the Poudre River Watershed
Exhibit A
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dba
"doing business as" or any nicknames or abbreviations that the grantee
goes by
Encumbrance
Document
The document provided by the State as the formal commitment voucher.
Encumbrance, POGG1, Grant Agreement or Purchase Order Grant are
used interchangeably, and all referred as the Encumbrance Document.
GPS
Global Positioning System
JCD
Jefferson Conservation District
NEPA
National Environmental Policy Act
NFWF
National Fish and Wildlife Foundation
Noxious Weeds
Title 35, Article 5.5, Colorado Noxious Weed Act, and the weed species
listed at https://www.colorado.gov/ag/weeds
Project Partner
Any one of the partner groups receiving funds through this multi -entity
project
Quarter
A period of 3 months
Quarter 1: July -September
Quarter 2: October -December
Quarter 3: January -March
Quarter 4: April -June
SWCA, Inc.
Environmental consultant agency overseeing NEPA compliance standards
SOW
Statement of Work
TWC
The Watershed Center
UEI
Unique Entity Identifier
USFWS
United States Fish & Wildlife Service
UWI
Urban-Wildland Interface
IV. Personnel
The State relied, in part, in the awarding of this grant upon the qualifications of the Grantee's Key
Personnel.
1. Key Personnel List
The State considers the following positions, and the assigned Grantee Personnel, to be key
personnel:
a. Garrett Stephens, Jake Gilbert, & Cragen Davies, Jefferson Conservation District, Project
Managers
b. Chiara Forrester & Yana Sorokin, The Watershed Center, Partner
c. Vanessa McCracken, Boulder Valley & Longmont Conservation Districts, Partner
d. Maya MacHamer & Cat Price, Boulder Watershed Collective, Partner
e. Hally Strevey & Daniel Bowker, Coalition for the Poudre River Watershed, Partner
f. Scott Bartell & Vicki Vargas -Madrid, Denver Parks & Recreation, Partner
g. Tina Booton, Weld County, Partner
2. Replacement
Grantee shall immediately notify the State in writing if any Key Personnel cease to serve. Provided
there is a good -faith reason for the change, if the Grantee wishes to replace its Key Personnel, it shall
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notify the State within two (2) weeks for review and approval. Such approval is at the State's sole
discretion.
Such notice shall specify why the change is necessary, who the proposed replacement is, what their
qualifications are, and when the change would take effect. Anytime Key Personnel cease to serve, the
State, in its sole discretion, may direct Grantee to suspend Work until such time as their replacements
are approved. The State shall not compensate the Grantee at a higher rate for Replacement Key
Personnel.
Changes to Personnel and Deadlines, except the Effective Date, may be adjusted by mutual written
agreement of the Grantee and the State. Exclusively for the purposes of modifying the deadlines and
personnel in this SOW, email shall suffice as sufficient written documentation. Extending the SOW or
encumbrance document requires a formal modification to the State's encumbrance document.
V. Performance Activities
The Grantee shall:
a. Manage the Project. The Effective Date of this Grant Agreement is listed on the cover page.
The period of performance must be within the dates of the cover page.
b. Participate in the post -award meeting to review deliverables and important dates,
c. Create Quarterly Progress Reports that include updates from each project,
d. Create a Final Report,
e. Oversee project partners and their progress, as needed, and report to CDA on any issues or
non-compliance,
f. Achieve agreed upon metrics,
g. Work with partners to develop a "success story" for each project, complete with photos, and
h. Provide site location information and a map of project activities.
VI. Performance Standards
1. The Grantee shall comply with the National Environmental Policy Act (NEPA) according to
the contract between CDA and NFWF and the ESA Compliance Document prepared by SWCA
Environmental Consultants.
a. Cultural study: CDA mailed Tribal Consultation letters to 120 contacts (list provided by
SWCA) on December 5th and allowing 30 days for a consultation request. No consultations
were requested,
b. Endangered species: all partners will adhere to Avoidance Minimization Measures
(AMMs) as outlined in the ESA Compliance Document for the following species:
i. Canada lynx,
ii. Tricolored bat,
iii. Mexican spotted owl,
iv. Monarch butterfly
v. Pawnee montane skipper, and
vi. Utes Ladies' -tresses.
2. The Grantee shall meet objectives outlined in any associated management plan for the project.
3. The Grantee shall obtain all necessary permits for all activities and follow all applicable laws,
regulations, ordinances, and similar requirements.
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4. The Grantee shall follow best practices for all treatment and restoration activities.
5. The Grantee shall purchase necessary supplies and materials. Purchased supplies and materials
shall fit within the designated budgetary framework below. Only purchases made within the
Grant Agreement dates are reimbursable. the state will not be responsible for any applicable
taxes or costs outside of the Grant Agreement performance dates.
VII. Performance Requirements
1. The Grantee shall fulfill Habitat Management metrics through Fuels Management:
a. Treat upper montane mixed conifer and lodgepole pine forests for wildfire risk reduction.
Remove fuels from the site when possible (TWC: 40 Acres, BWC: 160 acres, CPRW; 35
acres, Denver P&R: 15 acres, BVLCD: 200 acres total: 450 acres).
2. The Grantee shall fulfill Habitat Restoration metrics through the Treatment of Invasive Species:
a. Complete herbaceous vegetation annual treatments to improve habitat and mitigate wildfire
ignition risk (JCD: 200 acres, Denver P&R: 240 acres, Weld County: 600 acres, total: 1,040
acres).
3. The Grantee shall contribute to Jobs in the area:
a. Hire 2 seasonal field staff annually for 3 summers (Denver P&R, 6 total jobs created), and
b. Sustain a position at the JCD to administer this grant.
4. The Grantee shall produce education material and/or conduct outreach activities.
a. Educate landowners on the importance of wildfire fuel mitigation reduction efforts around
their property, and
b. Target 80 landowners through the cost -share program (Weld County).
5. Some metrics may be captured through matching funds.
6. The Project Partner shall provide a Success Story about their project, including photos and a
map.
VIII. Deliverables and Acceptance
1. The Grantee shall submit Quarterly Reports to the CDA Project Manager no later than 30
calendar days after the end of each quarter.
2. The Grantee shall submit a Final Report to the CDA Project Manager no later than the
expiration date of this Grant Agreement.
3. The Grantee shall submit a Success Story about their project, complete with photos and a map,
no later than the expiration date of this Grant Agreement.
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EXHIBIT B, BUDGET
I. Budget
This SOW contains federal funds.
Total Partner Budget Breakdown is as follows:
Project
Partner
Project
Description
US FWS
Funds
In
Match'
-Kind
Cash
Match*
Total
Jefferson
Conservation
(JCD)
DistrictContract
Administration
of Watershed
Group
$12_22
,500
$12,250
$134,750
Restoring
Jefferson
native
& Clear
plant
communities in
Creek counties
$180,000
S
18,000
$198,000
The
Center
Watershed
(TWC)
Forest Restoration and Fire Mitigation in
the Saint Vrain & Left Hand Watersheds
$180,000
S13,500
$193,500
Boulder Valley &
Longmont
Conservation
Districts (BV&LCD)
I W VLCD Forest Restoration and Fire
VI itigation
$180,000
$13,500
$193,500
Boulder Watershed
Collective
Upper Coal
Creek Forest Restoration
$180,000
S 15,000
$195,000
Coalition
Poudre
Watershed
for the
River
(CPRW)
North
and
Rim Road
Forest Health
Wildfire Risk M itgation
$180,000
$13,500
S 193,500
Denver Parks
Recreation
&
Creating
Habitats
Urban
Open
& Restoring
in Denver
Spaces
Healthy
Mountain
Wildlife
Parks
and
$122,50U
$9,250
$3,000
S 134,750
Weld
Count).
Weld
Area
County
Noxious
Pawnee
Weed
Project
National
Grasslands
580,000
$102,460
$182,460
Totals:
$1,225,000
$150,960
5-19,500
$1,425,460
Exhibit B Page 1 of 3
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Project
Partner
Budget
Details
are as follows:
Funding
Category
Project
Partner
Description
I
In -Kind
Match*
Cash
Match'`
Total
USF'WS
Funds
Personnel
IiV&LCD
1 forester
with forest
fringe)
hired for 2 years to assist private landowner
restoration and fire mitigation (salary plus
$ 154,000
$13,500
$167,500
CI) RW
CPRW Forester (200 hours at $52.98/hour)
$10,596
$10,596
C'1'RW
(TRW Executive Director (match time 30 hours at
586.86/hour)
$2,606
$2,606
CPRW
CPRW Communications Manager (match time- 60
hours at $42.66/hour)
$2,560
$2,560
c -13R 1�'
CPRW Forester (match time- 100 hours at
S52.98/hour)
S5,298
$5,298
C'1' RW
CPRW Upper Stakeholder Group (match time- 20
people at 100 hrs. Vol Rte at $31.51 /hr)
$3,151
$3,151
Denver
2 scasonals hired for 3 years (24 weeks per year x
$19/hour x 2)
5100.440
S9,,50 0
$118,690
JCD
Vegetation technician hired for three years
$45,000
$4,500
$49,500
TWC
Forester to conduct project planning
S 13.500
513,500
Weld County
1 seasonal hired for landowner compliance for 2 years,
and 1 hired for roadside spraying in project area for '
years
$74,360
$74,360
f ravel
BV&LCD
Travel
to and from project sites and trainings
$3,000
53,000
CPRW
Landowner site visits and meetings (800 miles at
0.655/mile)
S524
$524
Weld County
Spray truck for roadside spraying ($20/hr x 425 hrs/yr x
2 years), and truck for compliance staff ($12/hr x 800
hrs/year x 2 years)
$18,100
518,100
Supplies &
Materials
BV&LCD
Office and field supplies (computer, software, marking
tape)
$5,000
$5,000
CPRW
Monitoring supplies
S380
$380
Denver
Herbicides, PPE, and supplies for noxious weed
treatments
$13,060
S3,000
$ 16,060
Weld County
Chemicals for roadside treatment ($25/acre x 200
acres/yr x 2)
$10,000
510.000
Contractual
Services
BWC
Hired contractor to complete forestry work.
`162,000
S 13.500
S175,500
CPRW
Fuels treatment of 35 acres at $4300/acre
$150.500
$150,500
JCD
Cost -share program with landowners participating in
forest restoration projects (250 acres x $200/acre x 3
years)
$135,000
$13,500
$148,500
TWC
Forest managagement implementation by contractor
$180,000
S 180,000
Weld County
Cost -share program with landowners in vicinity to the
Pawnee National Grasslands/Northern Weld County
$80,000
$?0,000
S100,000
A drn i n ist rat
ve
i
I3V&LCD
Admin for partner project (10% of partner total)
S 18,000
S18,000
BWC
Admin for partner project (10% of partner total)
$1 8,000
Si 8,000
CPRW
Admin for partner project (10% of partner total)
$18,000
$18,000
JCD
Management of reports,
of funds (10% of total
deliverables and dispersement
group budget)
$122,500
$9,188
$131,688
Totals:
S1,225,000
$128,361
S78,46-1
$1,441,013
f
*This grant requires a minimum of 10% match of funding from non-federal sources, 2.5% of which must be cash. The
CDA has offered to supply the cash portion of the required match through Noxious Weed Management funds. The match
reflected in this table was proposed in the revised project application.
Exhibit B
Page 2 of 3
DocuSign Envelope ID: 5816653D-673E-42D5-90D3-7994F700E542
1. The Grantee shall manage all budgets by line as they appear in this Exhibit B. The Grantee is
authorized to move funds among budget lines only with the prior, expressed written permission of the
CDA Project Manager. A request to move funds shall be accompanied by an updated budget and
justification for the move. Any changes in expenditures affecting greater than 10% of the grant amount
must be approved in writing, in advance, by CDA. This may be accomplished electronically.
2. The Grantee can incur matching expenses, including in -kind contributions, starting from the beginning
of the NFWF contract, which began on January 2, 2023. Matching expenses must be documented and
shall reflect what was proposed by each partner in the revised application process.
II. Invoicing
1. To receive interim reimbursement under the Grant Agreement, the Grantee shall submit a signed
Invoice. The Grantee shall submit invoices for all project partners; CDA should not receive invoices
directly from Project Partners. The Invoice must reference the Grant Agreement number and include an
invoice number. Interim invoicing shall occur no more than once a quarter and shall be submitted along
with the Quarterly Report. Expenditures shall be in accordance with this Statement of Work and Budget
and with the Quarterly Report, if an interim Invoice.
2. To receive final reimbursement under the Grant Agreement, the Grantee shall submit a signed Invoice
for the amount remaining after interim invoices. The Grantee shall submit invoices for all project
partners; CDA should not receive invoices directly from Project Partners. The Invoice must reference
the Grant Agreement number and include an invoice number. Expenditures shall be in accordance with
this Statement of Work and Budget.
3. The Grantee and all Project Partners shall retain a copy of all grant documents and make them available
upon request, for three years following the expiration date of the encumbrance.
4. The Grantee shall submit the following documentation with the completed invoice, including but not
limited to:
a. Certified payroll records for personnel expenses to be reimbursed,
b. Invoices for contracted services,
c. Receipts for direct costs and expenditures greater than $250.00,
d. Copies of educational items produced with grant funds,
e. Itemized matching expenses and proof of in -kind match contributions, and
f. Other documentation requested by the CDA Project Manager necessary to support the invoice.
4. Scan the completed and signed Invoice and supporting documentation into an electronic document.
Email the Invoice and supporting documentation to the CDA Pricipal Represenatitive as state in the
Cover Page.
5. Final invoicing must be received by the State within 45 days after the expiration or termination of
theGrant Agreement. Refer to the Grant Agreement cover page for this date. If additional time is
needed, contact the CDA Project Manager immediately.
Exhibit B Page 3 of 3
DocuSign Envelope ID: 5816653D-673E-42D5-90D3-7994F700E542
EXHIBIT C, SAMPLE OPTION LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
Grantee
Original Agreement Number
Insert Grantee's Full Legal Name, including "Inc.",
Insert CMS number or Other Agreement Number of the Original
"LLC", etc...
Contract
Current Agreement Maximum Amount
Option Agreement Number
Initial Term
Insert CMS number or Other Agreement Number of this Option
State Fiscal Year 20xx $0.00
Extension Terms
Agreement Performance Beginning Date
State Fiscal Year 20xx $0.00
Month Day, Year
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
Current Agreement Expiration Date
State Fiscal Year 20xx $0.00
Month Day, Year
Total for All State Fiscal Years $0.00
I . OPTIONS:
A. Option to extend for an Extension Term
B. Option to change the quantity of Goods under the Agreement
C. Option to change the quantity of Services under the Agreement
D. Option to modify Agreement rates
E. Option to initiate next phase of the Agreement
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current
Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended.
B. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the
rates stated in the Original Agreement, as amended.
C. For use with Option 1(D): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter.
The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option
Effective Date of this Option Letter.
D. For use with Option 1(E): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert
start date and end on Insert ending date at the cost/price specified in Section Number.
E. For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount
table on the Agreement's Signature and Cover Page is hereby deleted and replaced with the Current Agreement
Maximum Amount table shown above.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT -Name of Agency or IHE
INSERT -Name & Title of Head of Agency or IHE
By: Name & Title of Person Signing for Agency or IHE
Date:
Exhibit C
Page 1 of 1
In accordance with §24-30-202, C.R.S., this Option is not
valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Name of Agency or IHE Delegate -Please delete if agreement
will be routed to OSC for approval
Option Effective Date:
DocuSign Envelope ID: 5816653D-673E-42D5-90D3-7994F700E542
EXHIBIT D, 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 maybe 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.
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:
Exhibit D Page 1 of 8
DocuSign Envelope ID: 5816653D-673E-42D5-90D3-7994F700E542
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. "Prime 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 Prime Recipient to a Subrecipient 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 Prime
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 Prime Recipient, including program compliance requirements. The
term does not include an individual who is a beneficiary of a federal program.
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 Prime Recipient's or 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;
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.
Exhibit D Page 2 of 8
DocuSign Envelope ID: 5816653D-673E-42D5-90D3-7994F700E542
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. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise.
2.1.18. "Unique Entity ID" means the Unique Entity ID established by the federal government
for a Grantee at https://sam.gov/content/home.
3. COMPLIANCE.
3.1. Grantee 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 Grantee 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 SYSTEM
(UEI) REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update
Grantee's information in SAM.Gov at least annually.
5. TOTAL COMPENSATION.
5.1. Grantee 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, Grantee 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. 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.
Exhibit D Page 3 of 8
DocuSign Envelope ID: 5816653D-673E-42D5-90D3-7994F700E542
6. REPORTING.
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall
report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct
payment shall be made to Grantee 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 Grantee'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 Prime
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. If Grantee is a Subrecipient, Grantee 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 Prime 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 Prime Recipient. A Subrecipient shall report to its Prime 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.
Exhibit D Page 4 of 8
DocuSign Envelope ID: 5816653D-673E-42D5-90D3-7994F700E542
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.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime 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.
Exhibit D Page 5 of 8
DocuSign Envelope ID: 5816653D-673E-42D5-90D3-7994F700E542
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 Prime 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. GRANT PROVISIONS FOR SUBRECEPIENT CONTRACTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all subcontracts
entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction contracts.] Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet
the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall
include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3
CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.
12.1.2. [Applicable to on -site employees working on government -funded construction, alteration
and repair projects.] Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141-
3148).
Exhibit D Page 6 of 8
DocuSign Envelope ID: 5816653D-673E-42D5-90D3-7994F700E542
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the
definition of "funding agreement" under 37 CFR 401.2 (a) and the Prime Recipient or
Subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the Federal Awarding Agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non -Federal awardees to agree to
comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and
the Regional Office of the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see
2 CFR 180.220) must not be made to parties listed on the government wide exclusions in
SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), "Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
12.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non -Federal award.
12.1.7. 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.
12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment
(2 CFR 200.216). Grantee 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.
Exhibit D Page 7 of 8
DocuSign Envelope ID: 5816653D-673E-42D5-90D3-7994F700E542
13. CERTIFICATIONS.
13.1. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes or
regulations on an annual basis. 2 CFR 200.208. Submission maybe 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.
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 Grantee 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.
Exhibit D Page 8 of 8
DocuSign Envelope ID: 5816653D-673E-42D5-90D3-7994F700E542
EXHIBIT E, PII CERTIFICATION
STATE OF COLORADO
THIRD PARTY INDIVIDUAL CERTIFICATION FOR ACCESS TO PII THROUGH
A DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S., I hereby certify under the penalty of perjury that I have
not and will not use or disclose any Personal Identifying Information, as defined by § 24-74-
102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, or
assisting Federal Immigration Enforcement, including the enforcement of civil immigration
laws, and the Illegal Immigration and Immigrant Responsibility Act, which is codified at 8
U.S.C. §§ 1325 and 1326, unless required to do so to comply with Federal or State law, or to
comply with a court -issued subpoena, warrant or order.
Signature:
Printed Name:
Date:
Exhibit E Page 1 of 2
DocuSign Envelope ID: 5816653D-673E-42D5-90D3-7994F700E542
EXHIBIT E, PII CERTIFICATION
STATE OF COLORADO
THIRD PARTY ENTITY / ORGANIZATION CERTIFICATION FOR ACCESS TO
PII THROUGH A DATABASE OR AUTOMATED NETWORK
Lorrie Ray
Pursuant to § 24-74-105, C.R.S., I, , on behalf of
Jefferson conservation Di stri c(I[egal name of entity / organization) (the "Organization"),
,
hereby certify under the penalty of perjury that the Organization has not and will not use
or disclose any Personal Identifying Information, as defined by § 24-74-102(1), C.R.S., for
the purpose of investigating for, participating in, cooperating with, or assisting Federal
Immigration Enforcement, including the enforcement of civil immigration laws, and the
Illegal Immigration and Immigrant Responsibility Act, which is codified at 8 U.S.C. §§ 1325
and 1326, unless required to do so to comply with Federal or State law, or to comply with a
court -issued subpoena, warrant or order.
I hereby represent and certify that I have full legal authority to execute this certification on
behalf of the Organization.
DocuSigned by:
Signature:
LOrrl e�Ti"�''saz5ciciraba...
Printed Name:
Title:
Date:
qv"
vice President
5/13/2024
Exhibit E Page 2 of 2
Contract For
Entity Information
Entity Name* Entity ID*
COLORADO DEPARTMENT OF @00003595
AGRICULTURE
Contract Name*
MAKE AMERICA BEAUTIFUL GRANT PROGRAM
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
8758
Contract Lead *
TBOOTON
Contract Lead Email
tbooton@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
WELD COUNTY WEED DIVISION PARTNERED WITH 5 OTHER ENTITIES IN THIS GRANT PROJECT. WELD COUNTY
WILL RECEIVE A SMALL PORTION OF THE GRANT FUNDS TO COST -SHARE WITH LANDOWNERS ON THE
TREATMENT OF NOXIOUS WEEDS IN NORTHERN WELD COUNTY.
Contract Description 2
COLORADO DEPARTMENT OF AGRICULTURE SECURED THE GRANT FUNDS AND IS USING JEFFERSON COUNTY
CONSERVATION DISTRICT TO DISTRIBUTE THE FUNDS ON A REIMBURSEMENT BASIS FROM QUARTERLY REPORTS.
Contract Type *
GRANT
Amount*
$ 80,000.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department Requested BOCC Agenda Due Date
PUBLIC WORKS Date* 10/26/2024
10/30/2024
Department Email
CM-
PublicWorks@weld.gov
Department Head Email
CM-PublicWorks-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
11/02/2026
Committed Delivery Date
Renewal Date
Expiration Date*
11/30/2026
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
.CURTIS HALL CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
10/09/2024 10/10/2024 10/10/2024
Final Approval
BOCC Approved Tyler Ref #
AG 103024
BOCC Signed Date Originator
TBOOTON
BOCC Agenda Date
10/30/2024
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