HomeMy WebLinkAbout20250233.tiffResolution
Approve Acceptance of Grant Award Letter Summary of Terms and Conditions for
2024 Homeland Security Grant Program (HSGP) for Northeast Colorado
All -Hazards Region (NEAHR) Eight (8)
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 Resolution #2023-1214, approved on May 1, 2023, Cheryl Pattelli,
Weld County Chief Financial Officer and Director of Finance Administration, was
designated as the Fiscal Agent for the Homeland Security Grant Program (HSGP) for the
Northeast Colorado All -Hazards Region (NEAHR) Eight (8), and
Whereas, the Board has been presented with a Grant Award Letter Summary of Terms
and Conditions for the 2024 Homeland Security Grant Program (HSGP) 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 Finance Administration, the Office of
Emergency Management, and the Colorado Department of Public Safety, Division of
Homeland Security and Emergency Management, Office of Grants Management,
commencing September 1, 2024, and ending August 31, 2027, with further terms and
conditions being as stated in said grant award letter, and
Whereas, after review, the Board deems it advisable to approve and accept said grant
award letter, a copy of which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Grant Award Letter Summary of Terms and Conditions for the 2024
Homeland Security Grant Program (HSGP) 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 Finance Administration, the Office of Emergency Management, and
the Colorado Department of Public Safety, Division of Homeland Security and Emergency
Management, Office of Grants Management, be, and hereby is, approved and accepted.
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2025-0233
EM0021
FI0082
Acceptance of Grant Award Letter Summary of Terms and Conditions for 2024 Homeland
Security Grant Program (HSGP) for Northeast Colorado All -Hazards Region (NEAHR)
Eight (8)
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 22nd day of January, A.D., 2025, nunc pro tunc September 24, 2024:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0233
EM0021
FI0082
Convuct to±tAOcA
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 2024 Homeland Security Grant Fully Executed Grant Award
DEPARTMENT: Accounting DATE: 12/2/2024
PERSON REQUESTING: Christopher D'Ovidio
Brief description of the problem/issue:
The final signed and fully executed contract for the 2024 annual Homeland Security Grant Program
has been provided by DHSEM.
The NE Region, with Weld County as the fiscal agent, was awarded $489,299 for the 2024 grant
year. The Northeast All -Hazards Region (NEAHR) steering committee accepted regional applications,
reviewed project submissions, and determined regional funding allocation to designated projects and
grant related activities.
Weld County, as the HSGP fiscal agent, reviewed, approved and signed the grant application. The
final executed copy of the application is attached for Weld County's records.
What options exist for the Board?
Consequences: None
Impacts: 2024 grant funding in the amount of $489,299 will be available for use by the region
and in support of regional partners.
Costs (Current Fiscal Year I Ongoing or Subsequent Fiscal Years): Costs are incurred as project
work is completed and reimbursed quarterly by DHSEM.
Recommendation: Accept the fully executed grant award contract and save in the grant files. Begin
executing 2024 grant projects.
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
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2025-0233
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Karla Ford
From:
Sent:
To:
Cc:
Subject:
Approve
Kevin Ross
Kevin Ross
Wednesday, December 4, 2024 10:18 AM
Scott James; Karla Ford
Commissioners
Re: Please Reply - PAs HSGP Grant Award
...flat... A.a—r._ aai- —
From: Scott James <sjames@weld.gov>
Sent: Wednesday, December 4, 2024 10:03:22 AM
To: Karla Ford <kford@weld.gov>
Cc: Commissioners <COMMISSIONERS@co.weld.co.us>
Subject: Re: Please Reply - PAs HSGP Grant Award
I support
** Sent from my iPhone **
Scott K. James
Weld County Commissioner, District 2
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning
the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
On Dec 4, 2024, at 8:32 AM, Karla Ford <kford@weld.gov>wrote:
Please advise if you support recommendation and to have department place on the agenda.
Karla Ford X
1
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Mike Freeman
Wednesday, December 4, 2024 8:35 AM
Karla Ford
Commissioners
Re: Please Reply - PAs HSGP Grant Award
Approve
Sent from my iPhone
On Dec 4, 2024, at 8:32 AM, Karla Ford <kford@weld.gov>wrote:
Please advise if you support recommendation and to have department place on the agenda.
Karla Ford X
Office Manager, Bcard of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: Kcford(c�weld.gov :: wwwweldgov.com ::
**Please note my working hours are Monday -Thursday 7:00a.m.-4:00p.m.**
<imageOO1.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
From: Chris D'Ovidio <cdovidio@weld.gov>
Sent: Wednesday, December 4, 2024 8:26 AM
To: Karla Ford <kford@weld.gov>
Cc: CTB <CTB@co.weld.co.us>; Bruce Barker <bbarker@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>
Subject: RE: PAs HSGP Grant Award
Sorry
From: Karla Ford <kford@weld.gov>
Sent: Wednesday, December 4, 2O24 8:2O AM
To: Chris D'Ovidio <cdovidio@weld.gov>
Cc: CTB <CTB@co.weld.co.us>; Bruce Barker <bbarker@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>
Subject: RE: PAs HSGP Grant Award
There is no pass around form attached. Just the back-up. Please send over the PA. Thanks!
Karla Ford
From:
Sent:
To:
Subject:
I approve
Thank you
Sent from my iPhone
Perry Buck
Wednesday, December 4, 2024 2:15 PM
Karla Ford
Re: Please Reply - PAs HSGP Grant Award
On Dec 4, 2024, at 1:04 PM, Karla Ford <kford@weld.gov>wrote:
From: Karla Ford
Sent: Wednesday, December 4, 2024 8:33 AM
To: Commissioners <COMMISSIONERS@co.weld.co.us>
Subject: Please Reply - PAs HSGP Grant Award
Importance: High
Please advise if you support recommendation and to have department place on the agenda.
Karla Ford X,
Office Manager Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336.7204 :: kford weld.gov :: www.weldgov,com ::
**Please note my working hours are Monday -Thursday 7:00a.m.-4:00p,m.**
<image001. jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you hove received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
From: Chris D'Ovidio <cdovidio@weld.gov>
Sent: Wednesday, December 4, 2024 8:26 AM
To: Karla Ford <kford@weld.gov>
Cc: CTB <CTB@co.weld.co.us>; Bruce Barker <bbarker@weld.gov>; Cheryl Pattelli <cpattelli(d weld.gov>
Subject: RE: PAs HSGP Grant Award
Sorry
Karla Ford
From:
Sent:
To:
Subject:
Lori Saine
Wednesday, December 4, 2024 9:42 AM
Karla Ford; Commissioners
RE: Please Reply - PAs HSGP Grant Award
I need some time to read through a couple of these,
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
Email: Isaine@weldgov.com
Website: www.co.weld.co.us
In God We Trust
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Karla Ford <kford@weld.gov>
@weld .gov>
Sent: Wednesday, December 4, 2024 8:33 AM
To: Commissioners <COMMISSIONERS@co.weld.co.us>
Subject: Please Reply - PAs HSGP Grant Award
Importance: High
Please advise if you support recommendation and to have department place on the agenda.
I
COLORADO
Division of Homeland Security
& Emergency Management
Department of Public Safety
Kevin Ross
Board Chair
Weld County
1 150 0 Street
Greeley, CO 80631
Office of Grants Management
8000 South Chester Street, Suite 575
Centennial, CO 80112
September 26, 2024 24SHS-25-NER
Dear Mr. Ross:
We are pleased to inform you that the Colorado Department of Public Safety, Division of
Homeland Security and Emergency Management (DHSEM) has approved the Weld County's
application for funding pursuant to the State Homeland Security Program (SHSP or
"Program") in the amount of $489,299.00 from Federal funds. This letter authorizes you to
proceed with the approved application projects ("Project") in accordance with the terms of
this Grant Award Letter.
Attached to this letter are the terms and conditions of your Grant. Please review these terms
and conditions as they are requirements of this Grant to which you Grantee agree by
accepting the Grant Funds.
If you have questions regarding this Grant, please contact: Jerry Maestas at either
Jerry.Maestas®state.co.us or (303) 565-0049.
Sincerely,
Gerald J. Maestas
Grant Specialist
Colorado Department of Public Safety
Division of Homeland Security and Emergency Management
CC: Grant File
COLORADO
Department of Public Safety
700 Kipling Street, Lakewood, CO 80215 I www.colorado.gov/publicsafety
Jared Polls, Governor I Stan Hilkey, Executive Director
TABLE OF CONTENTS
GRANT AWARD LETTER 1
SIGNATURE PAGE 2
1. GRANT 3
2. TERM 3
3. DEFINITIONS 4
4. STATEMENT OF WORK 6
5. PAYMENTS TO GRANTEE 6
6. REPORTING - NOTIFICATION 8
7. GRANTEE RECORDS 8
8. CONFIDENTIAL INFORMATION -STATE RECORDS 9
9. CONFLICTS OF INTEREST 10
10. INSURANCE 11
11. REMEDIES 11
12. DISPUTE RESOLUTION 11
13. NOTICES AND REPRESENTATIVES 11
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 11
15. GOVERNMENTAL IMMUNITY 11
16. GENERAL PROVISIONS 12
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) 13
EXHIBIT A, STATEMENT OF WORK 1
EXHIBIT B, BUDGET 1
EXHIBIT C, FEDERAL PROVISIONS 1
EXHIBIT D, PII CERTIFICATION 1
EXHIBIT E, HIPAA BUSINESS ASSOCIATE AGREEMENT 1
EXHIBIT F, SAMPLE OPTION LETTER 1
GRANT AWARD LETTER
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency
Department of Public Safety, Division of Homeland
Security and Emergency Management
Grantee
Board of County Commissioners of Weld County
Grantee UEI
MKKXT9U9MTV5
Agreement Number
24SHS-25-NER
FEDERAL AWARD INFORMATION
Federal Award ID # (FAIN)
EMW-2024-SS-05074
Federal Award Date
September 20, 2024
Federal Awarding Agency
DHS / FEMA
GRANT AUTHORITY
Agreement Performance Beginning Date
September 1, 2024
Current Agreement Expiration Date
August 31, 2027
Current Agreement Maximum Amount
$489,299.00
Current Agreement Match Amount
$0.00
Assistance Listing (CFDA)
97.067
Homeland Security Grant Program
Identification if the Award is for R&D:
No
A. Federal Authority to enter into this Grant exists in Section 2002 of the Homeland Security
Act of 2002 (Pub. L. No. 107-296, as amended) (6 U.S.C. § 603);
B. State Authority: to enter this Grant exists in CRS §24-1-128.6.
GRANT PURPOSE
The State Homeland Security Program (SHSP) assists state, local, tribal, and territorial (SLTT) efforts
to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and
respond to acts of terrorism.
EXHIBITS AND ORDER OF PRECEDENCE
1. Exhibit A, Statement of Work.
2. Exhibit B, Budget.
3. Exhibit C, Federal Provisions.
4. Exhibit D, PII Certification.
5. Exhibit E, HIPAA BAA.
6. Exhibit F, Sample Option Letter.
7. Exhibit G, FEMA Project Worksheet.
In the event of a conflict or inconsistency between this Grant 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 E, HIPAA BAA.
2. Exhibit C, Federal Provisions
3. Colorado Special Provisions in §17 of the main body of this Grant
4. The provisions of the other sections of the main body of this Grant
5. Exhibit A, Statement of Work
6. Exhibit D, PII Certification
7. Exhibit B, Budget
SHSP 2024
Encumbrance #: 24SHS-25-NER
Page 1 Version 07.2024
SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
STATE OF COLORADO STATE CONTROLLER
Jared S. Polis, Governor Robert Jaros, CPA, MBA, JD
Department of Public Safety,
Division of Homeland Security and Emergency
Management Stan Hilkey, Executive Director
Michael Digitally signed by Michael
Haney
H a n e Date: 2024.10.23 12:42:43
Y -06'00' -06'00'
Digitally signed by Laura
Laura Dehart Date
Date: 2024.10.24 13:35:35
By: Kevin R. Klein, Director , DHSEM, By: Robert Jaros, CPA, MBA, JD
or DHSEM Director Delegate or State Controller Delegate
Date: 10.23.2024
SHSP 2024
Encumbrance #: 24SHS-25-NER
Option Effective Date:
10/24/2024
In accordance with §24-30-202, C.R.S., this
Option is not valid until signed and dated above
by the State Controller or an authorized
delegate.
Page 2 Version 07.2024
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter
(the "State") hereby obligates and awards to Grantee shown on the first page of this Grant Award
Letter (the "Grantee") an award of Grant Funds in the amounts shown on the first page of this
Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter,
Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Grant Award Letter shall commence on the
Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter by providing Grantee with an updated Grant Award Letter showing the new Grant
Expiration Date. In order to exercise this option, the State shall provide written notice to
Contractor in a form substantially equivalent to Exhibit F.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, Federal or other funds used
for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund
this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter
in whole or in part by providing written notice to Grantee that includes, to the extent
practicable, the public interest justification for the termination. If the State terminates this
Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the
percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed, as determined by the State,
less payments previously made. Additionally, the State, in its discretion, may reimburse
Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this
Grant Award Letter that are incurred by Grantee and are directly attributable to the
uncompleted portion of Grantee's obligations, provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This
subsection shall not apply to a termination of this Grant Award Letter by the State for breach
by Grantee.
C. 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.
SHSP 2024
Encumbrance #: 24SHS-25-NER
Page 3 Version 07.2024
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget" means the budget for the Work described in Exhibit B.
B. "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.
C. "CJI" means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including, without limitation, all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under §24-72-302, C.R.S.
D. "CORA" means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
E. "Exhibits" exhibits and attachments included with this Grant as shown on the first page of
this Grant.
F. "Extension Term" means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Grant Award Letter.
G. "Federal Award" means an award of Federal financial assistance or a cost -reimbursement
contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the
Recipient. "Federal Award" also means an agreement 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.
H. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient. The Federal Emergency Management Agency (FEMA) is the Federal Awarding
Agency for the Federal Award which is the subject of this Grant.
I. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired, produced,
or delivered by Grantee in connection with the Services.
J. "Grant Award Letter" means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future updates thereto.
K. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
L. "Grant Expiration Date" means the Grant Expiration Date shown on page one (1) of this
Grant Award Letter.
M. "Grant Issuance Date" means the Grant Issuance Date shown on page one (1) of this Grant
Award Letter.
N. "Grantee" means the entity shown on page one (1) of this Grant Award Letter; an individual
or organization that has been awarded this grant. For the purposes of this Grant, Grantee is
also referred to as Subrecipient.
O. "Incident" means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any State Records.
SHSP 2024
Encumbrance #: 24SHS-25-NER
Page 4 Version 07.2024
P. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Expiration Date.
Q. "Matching Funds" means the funds provided by the 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. "PCI" means payment card information including any data related to credit card holders'
names, credit card numbers, or the other credit card information as may be protected by state
or federal law.
T "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.
U. "PHI" means any protected health information, including, without limitation any information
whether oral or recorded in any form or medium: (i) that relates to the past, present or future
physical or mental condition of an individual; the provision of health care to an individual;
or the past, present or future payment for the provision of health care to an individual; and
(ii) that identifies the individual or with respect to which there is a reasonable basis to believe
the information can be used to identify the individual. PHI includes, but is not limited to, any
information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
V. "Recipient" means the State Agency shown on the first page of this Grant Award Letter, for
the purposes of the Federal Award.
W. "Services" means the services to be performed by Grantee as set forth in this Grant Award
Letter, and shall include any services to be rendered by Grantee in connection with the Goods.
X. "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, PHI,
PCI, Tax Information, CJI, 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 the State to Contractor which (i) is subject to
disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the
time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available
without breach of any obligation owed by Contractor to the State; (iv) is disclosed to
Contractor, 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.
Y. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
Z. "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.
SHSP 2024
Encumbrance #: 24SHS-25-NER
Page 5 Version 07.2024
AA. "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.
BB. "Sub -Award" means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded
in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow
down to this Sub -Award unless the terms and conditions of the Federal Award specifically
indicate otherwise.
CC. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub -grantees.
DD. "Subrecipient" means a state, local government, Indian tribe, institution of higher education
(IHE), or nonprofit organization 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 Grant, Grantee is a Subrecipient.
EE. "Tax Information" means Federal and State of Colorado tax information including, without
limitation, Federal and State tax returns, return information, and such other tax -related
information as may be protected by Federal and State law and regulation. Tax Information
includes, but is not limited to all information defined as Federal tax information in Internal
Revenue Service Publication 1075.
FF. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200,
commonly known as the "Super Circular, which supersedes requirements from OMB
Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular
A-50 on Single Audit Act follow-up.
GG. "Work" means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
HH. "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, and any other results of the Work. "Work
Product" does not include any material that was developed prior to the Grant Issuance Date
that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter 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 Grant Award Letter and in accordance with
the provisions of Exhibit A. The State shall have no liability to compensate or reimburse Grantee
for the delivery of any goods or the performance of any services that are not specifically set forth
in this Grant Award Letter.
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 Grant that exceeds the Grant Amount
SHSP 2024
Encumbrance #: 24SHS-25-NER
Page 6 Version 07.2024
shown on page one (1) of this Grant Award Letter. 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. The State shall not be liable to pay or
reimburse Grantee for any Work performed or expense incurred before the Grant Issuance
Date or after the Grant Expiration Date; provided, however, that Work performed and
expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active
Federal Award may be submitted for reimbursement as permitted by the terms of the Federal
Award.
i. The State, in good faith, may unilaterally increase or decrease the total funds available
under this Grant during any State Fiscal Year, or the funds available for any specific line
item described in this Grant. In Order to Exercise this right, the State shall provide written
notice to Grantee in a form substantially equivalent to Exhibit F. The exercise of this
right shall not be valid until it has been approved by the State Controller or delegate.
B. 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 the Local Match Amount shown on page one (1) of this Grant Award
Letter and described in Exhibit A (the "Local Match Amount"). Grantee's obligation to pay
all or part of any matching funds, whether direct or contingent, only extends to funds duly
and lawfully appropriated for the purpose of this Agreement by the authorized representatives
of Grantee and paid into Grantee's treasury or bank account. Grantee shall appropriate and
allocate all Local Match Amounts to the purpose of this Grant Award Letter each fiscal year
prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this
Grant Award Letter irrevocably pledge present cash reserves for payments in future fiscal
years, and this Grant Award Letter is not intended to create a multiple -fiscal year debt of
Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes
or penalties of any nature, except as required by Grantee's laws or policies.
D. Reimbursement of Grantee Costs
Upon prior written approval, the State shall reimburse Grantee's allowable costs, not
exceeding the maximum total amount described in this Grant Award Letter for all allowable
costs described in this Grant Award Letter 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 Grant Award Letter 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 the State's review and approval thereof, subject to the provisions of
this Grant. The State shall only reimburse allowable costs if those costs are:
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).
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E. Modification of Grant Rates
The rates shown in Exhibit B are determined by the approved applications by the Federal
Emergency Management Agency (FEMA). The State, at its discretion, shall have the option
to increase or decrease the rates shown in Exhibit B, as the State determines is necessary to
account for FEMA updates to current awards issued. In order to exercise this option, the State
shall provide written notice to Grantee in a form substantially equivalent to Exhibit F, and
any new rates table or exhibit shall be effective as of the effective date of that notice unless
the notice provides for a different date.
F. Close -Out
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Grant Award Letter 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 1 year and 90 days after the
Grant Expiration Date 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. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out described in §5.F, containing an evaluation and review of Grantee's
performance and the final status of Grantee's obligations hereunder.
B. 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
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 and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
all such records during normal business hours at Grantee's office or place of business, unless
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Grant Award
Letter using procedures as determined by the State. Grantee shall allow the State to perform
all monitoring required by the Uniform Guidance, based on the State's risk analysis of
Grantee. The State shall have the right, in its sole discretion, to change its monitoring
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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. If Grantee enters into a subcontract or subgrant with an entity that
would also be considered a Subrecipient, then the subcontract or subgrant entered into by
Grantee shall contain provisions permitting both Grantee and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
C. 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 Grant 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 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 hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publicly available at
the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not,
without prior written approval of the State, use for Grantee's own benefit, publish, copy, or
otherwise disclose to any third party, or permit the use by any third party for its benefit or to
the detriment of the State, any State Records, except as otherwise stated in this Grant Award
Letter. 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. If Grantee or any of its
Subcontractors will or may receive the following types of data, Grantee or its Subcontractors
shall provide for the security of such data according to the following: (i) the most recently
promulgated IRS Publication 1075 for all Tax Information and in accordance with the
Safeguarding Requirements for Federal Tax Information attached to this Grant as an Exhibit,
if applicable, (ii) the most recently updated PCI Data Security Standard from the PCI Security
Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department
of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security
Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act
for all PHI and the HIPAA Business Associate Agreement attached to this Grant, if
applicable. 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 Grant Award Letter. Grantee shall ensure all such agents, employees,
assigns, and Subcontractors sign nondisclosure agreements with provisions at least as
protective as those in this Grant, and that the nondisclosure agreements 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 restrictions to the
State upon request.
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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 Grant, 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. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
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 Don an annual basis Contractor's duty and obligation
to certify as set forth in Exhibit D 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
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 Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State's interests and 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 Grant. 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,
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Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's consideration. Grantee acknowledges that all State employees are subject to the ethical
principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees
may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant.
10. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
11. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails
to comply with any term or condition of this Grant or any terms of the Federal Award, the State
may terminate some or all of this Grant and require Grantee to repay any or all Grant funds to the
State in the State's sole discretion. The State may also terminate this Grant Award Letter at any
time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work
without intent to resume performance, prior to the completion of the Work.
12. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as required or permitted by federal regulations
related to any Federal Award that provided any of the Grant Funds, disputes concerning the
performance of this Grant that cannot be resolved by the designated Party representatives shall be
referred in writing to a senior departmental management staff member designated by the State and
a senior manager or official designated by Grantee for resolution.
13. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
email to the representative of the other Party. Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this §13.
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
15. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their 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. VI, 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 Contract 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.
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16. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant 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 Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letter 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.
C. Entire Understanding
This Grant Award Letter 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 Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant
Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of
the updated letter. The Parties may also agree to modification of the terms and conditions of
the Grant in a formal amendment to this Grant, properly executed and approved in accordance
with applicable Colorado State law and State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Grant Award Letter 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 Grant Issuance Date. Grantee shall strictly 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. 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 Contract by reference.
G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant.
H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the Grant
and shall be enforceable by the other Party.
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Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties. Any services or benefits which third parties receive as a result of this
Grant are incidental to the Grant, and do not create any rights for such third parties.
J. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Grant Award
Letter, 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.
K. Accessibility
i. Contractor shall comply with and the Work Product provided under this Contract shall
be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability, as established by OIT
pursuant to Section §24-85-103 (2.5), C.R.S. Contractor 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 Contractor's compliance to the State's Accessibility Standards
to be determined by a third party selected by the State to attest to Contractor'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.
L. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit C at all times during the
term of this Grant.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
A. STATUTORY APPROVAL. §24-30-202(1) C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller
or designee. If this Contract is for a Major Information Technology Project, as defined in
§24-37.5-102(2.6), then this Contract 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 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
Parties, 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. VI,
Ch. 171 and 28 U.S.C. 1346(b), and the Parties' risk management statutes, §§24-30-1501, et
seq. C.R.S. No term or condition of this Contract 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.
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D. INDEPENDENT CONTRACTOR.
Contractor shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to
be an agent or employee of the State. Contractor shall not have authorization, express or
implied, to bind the State to any agreement, liability, or understanding, except as expressly
set forth herein. Contractor 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 Contractor or any of its
agents or employees. Contractor shall pay when due all applicable employment taxes
and income taxes and local head taxes incurred pursuant to this Contract. Contractor
shall (a) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (b) provide proof thereof when
requested by the State, and (c) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW.
Contractor 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 Contract. 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 Contract 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 Contract that requires the State to indemnify or hold Contractor
harmless; requires the State to agree to binding arbitration; limits Contractor'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 Contract 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 Contract shall not be used for the acquisition,
operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Contractor hereby certifies and warrants that, during the
term of this Contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State
determines that Contractor is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Contract, including, without limitation, immediate
termination of this Contract and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
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 Contract. Contractor
has no interest and shall not acquire any interest, direct or indirect, that would conflict in any
manner or degree with the performance of Contractor's services and Contractor shall not
employ any person having such known interests.
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EXHIBIT A, STATEMENT OF WORK
1. GENERAL DESCRIPTION OF THE PROJECT(S).
1.1 Project Description. Support preparedness activities to build and sustain core capabilities
across the Prevention, Protection, Mitigation, Response and Recovery mission areas essential
to achieving the National Preparedness Goals of a secure and resilient Nation. Grantee will
execute and complete the projects as specified and outlined in their approved 2024 application
1.2 Project Expenses. Project expenses include the costs as described in §1.1 of this Exhibit A.
All eligible expenses are listed in the budget table in Exhibit B.
1.3 Non -Federal Match: This non-federal match section does not apply to this Grant. If applicable
the match may include in -kind match. Documentation of expenditures for any non-federal
match contribution is required with each drawdown request.
2. PRINCIPAL REPRESENTATIVES:
For the State:
Gerald J. Maestas, Grant Specialist
Department of Public Safety, Division of
Homeland Security & Emergency Management
8000 South Chester Street, Suite 575
Centennial, CO 80112
Jerry.Maestas@state.co.us
For Grantee:
Kevin Ross, Board Chair
Weld County
1150 O Street
Greeley, CO 80631
kross@weld.gov
3. ADMINISTRATIVE REQUIREMENTS:
3.1 The Grantee must request approval in advance for any change to this Grant Agreement, using
the forms and procedures established by the Department of Public Safety's Division of
Homeland Security and Emergency Management (DHSEM).
3.2 Required Documentation: Grantees shall retain all procurement and payment documentation
on site for inspection. This shall include, but not be limited to, purchase orders, receiving
documents, invoices, vouchers, equipment/services identification, and time and effort reports.
Sufficient detail shall be provided with reimbursement requests to demonstrate that expenses
are allowable and appropriate as detailed below:
3.2.1 Equipment or tangible goods. When requesting reimbursement for equipment items
with a purchase price of or exceeding $5,000, and a useful life of more than one year,
the Grantee shall provide a unique identifying number for the equipment, with a copy
of the Grantee's invoice and proof of payment. The unique identifying number can be
the manufacturer's serial number or, if the Grantee has its own existing inventory
numbering system, that number may be used. The location of the equipment shall also
be provided. In addition to ongoing tracking requirements, Grantee shall ensure that
equipment items with per unit cost of $5,000 or more are prominently marked in a
manner similar to the following:
Purchased with funds provided by the U.S. Department of Homeland Security.
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Exhibit A
EXHIBIT A, SCOPE OF WORK (CONT.)
3.2.2 Services. Grantees shall include contract/purchase order number(s) or employee names,
the date(s) the services were provided and the nature of the services.
3.3 Non -Supplanting Requirement: Grantees receiving federal financial assistance awards made
under programs that prohibit supplanting by law must ensure that federal funds do not replace
(supplant) funds that have been budgeted for the same purpose through non-federal sources.
3.4 Procurement: A Grantee shall ensure its procurement policies meet or exceed local, state, and
federal requirements. Grantees should refer to local, state, and federal guidance prior to making
decisions regarding competitive bids, sole source or other procurement issues. In addition:
3.4.1 Any sole source transaction in excess of $100,000 shall be approved in advance by the
DHSEM.
3.4.2 Grantees shall ensure that: (a) All procurement transactions, whether negotiated or
competitively bid, and without regard to dollar value, are conducted in a manner that
provides maximum open and free competition; (b) Grantee shall be alert to
organizational conflicts of interest and/or non-competitive practices among contractors
that may restrict or eliminate competition or otherwise restrain trade; (c) Contractors
who develop or draft specifications, requirements, statements of work, and/or Requests
for Proposals (RFPs) for a proposed procurement shall be excluded from bidding or
submitting a proposal to compete for the award of such procurement; and (d) Any
request for exemption of item a -c within this subsection shall be submitted in writing
to, and be approved by the authorized Grantee official.
3.43 Grantee shall verify Contractor(s) is/are not debarred from participation in state and
federal programs by reviewing contractor debarment information on
http://www.sam.gov.
3.4.4 When issuing requests for proposals, bid solicitations, and other published documents
describing projects or programs funded in whole or in part with these grant funds,
Grantee and Subgrantees shall use the following phrase in the request listing:
"This project was supported by grant #24SHS-25-NER, issued by the Colorado Division
of Homeland Security and Emergency Management."
3.4.5 Grantee shall ensure that no rights or duties exercised under this grant, or equipment
purchased with Grant Funds having a purchase value of $5,000 or more, are assigned
without the prior written consent of the DHSEM.
3.5 Additional Administrative Requirements:
3.5.1 All of the instructions, guidance, limitations, terms and conditions, scope of work, and
other conditions set forth in the Notice of Funding Opportunity (NOFO), the FEMA
Preparedness Manual, and the Notice of Award (NOA) issued to the State
Administrative Agency (SAA) for this federal award are incorporated by reference. See
also DHS Standard Terms and Conditions.
3.5.2 Grantees of FEMA financial assistance for programs that are subject to the Build
America, Buy America Act (BABAA) must include a Buy America preference contract
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Exhibit A
EXHIBIT A, SCOPE OF WORK (CONT.)
provision as noted in 2 C.F.R. § 184.4 and a and self -certification as required by the
FEMA Buy America Preference in FEMA Financial Assistance Programs for
Infrastructure (FEMA Interim Policy #207-22-0001). This requirement applies to all
subawards, contracts, and purchase orders for work performed or products supplied
under the FEMA award subject to BABAA.
3.5.3 Grantee shall ensure all purchases are listed or referenced in §1 or §3 of this Exhibit A.
Equipment purchases, if any, shall be for items listed in the Approved Equipment List
(AE.L) during the grant period. Additionally, any funds used to support emergency
communications activities should comply with the FY SAFECOM Guidance on
Emergency Communication Grants.
3.5.4 Environmental Planning and Historic Preservation (EHP) Review: DHS/FEMA
funded activities that may require an EHP review are subject to the FEMA
Environmental Planning and Historic Preservation (EHP) review process. This review
does not address all federal, state, and local requirements. Acceptance of federal
funding requires recipient to comply with all federal, state, and local laws.
DHS/FEMA is required to consider the potential impacts to natural and cultural
resources of all projects funded by DHS/FEMA grant funds, through its EHP Review
process, as mandated by the National Environmental Policy Act; National Historic
Preservation Act of 1966, as amended; National Flood Insurance Program regulations;
and, any other applicable laws and Executive Orders. Grantees can use this link to
access the FEMA EHP screening form and instructions.
In order to initiate EHP review of the project(s) requires completion of all relevant
sections of the EHP form and submit it to DHSEM, along with all other pertinent project
information. The EHP review process must be completed before funds are released to
carry out the proposed project; otherwise, DHS/FEMA and DHSEM may not be able
to fund the project due to noncompliance with EHP laws, executive order, regulations,
and policies.
If ground disturbing activities occur during construction, Grantee will monitor ground
disturbance, and if any potential archeological resources are discovered, Grantee will
immediately cease work in that area and notify DHSEM, which will immediately notify
DHS/FEMA for further action.
3.5.5 All applicant agencies that own resources currently covered by the Colorado Resource
Typing Standards must agree to participate in the State's Emergency Resource
Inventory Report and update their information on a quarterly basis.
3.5.6 Regardless of exercise type or scope, After Action Reports/Improvement Plans are due
to the State Training and Exercise Program Manager within 45 days of the exercise.
All funding related to exercises must be managed and executed in accordance with the
Homeland Security Exercise and Evaluation Program (HSEEP), and must be National
Incident Management System (NIMS) compliant.
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Exhibit A
EXHIBIT A, SCOPE OF WORK (CONT.)
4. REPORTING REQUIREMENTS:
4.1 Quarterly Progress Reports. The project(s) approved in this Grant are to be completed on or
before the termination date stated on the agreement's Grant Award Letter of this grant
agreement. Grantee shall submit quarterly progress reports for each project identified in this
agreement using the format provided by the DHSEM throughout the life of the grant.
Grantee shall submit narrative and financial reports describing project progress and
accomplishments, and/or any delays in meeting project objectives and expenditures, to date as
described in §4 of this Exhibit A.
Reports shall be submitted in accordance with the schedule table below. The order of the
reporting period quarters below is irrelevant to the grant. Reports for the respective period are
due on or before the due dates listed below if the grant is open during the "report period" time,
and for every quarter that the grant remains open.
Report Period Due Date
January, February, March
April through June 30'
July through September 30th
October through December 31s`
due April 30`h
due July 30'
due October 30thill
due January 30`h
4.2 Final Reports: Grantee shall submit final progress reports that provide final financial
reconciliation and final cumulative grant/project accomplishments within 45 days of the end of
the project/grant period of performance. The final report may not include unliquidated
obligations and must indicate the exact balance of unobligated funds. The final reports may
substitute for the quarterly reports for the final quarter of the grant period.
If all projects are completed before the end of the grant period, the final report maybe submitted
at any time during the period of performance. Further reports are not due after the DHSEM has
received, and sent notice of acceptance, of the final grant report.
5. PAYMENT:
5.1 Payment Schedule: Grantee shall submit requests for reimbursement using the DHSEM's
provided form, submission preference, and quarterly at minimum. One original or
electronically signed/submitted copy of the reimbursement request is due on the same dates as
the required progress reports outlined in §4.1 of this Exhibit A.
All requests shall be for eligible actual expenses incurred by Grantee, and as described in detail
in the budget table(s) of Exhibit B. Requests shall be accompanied by supporting
documentation totaling at least the amount requested for reimbursement and any required non-
federal match contribution as outlined in §3.2 of this Exhibit A.
If any progress reports are delinquent at the time of a payment request, the DHSEM may
withhold such reimbursement until the required reports have been submitted.
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Exhibit A
EXHIBIT A, SCOPE OF WORK (CONT.)
5.2 Payment Amount: If non-federal match is required, such match shall be documented with
every payment request. Excess match documented and submitted with one reimbursement
request shall be applied to subsequent requests as necessary to maximize the allowable
reimbursement.
6. TESTING AND ACCEPTANCE CRITERIA:
The DHSEM shall evaluate Project(s) through the review of Grantee submitted financial and
progress reports, and may also conduct on -site monitoring to determine whether the Grantee is
meeting/has met the performance goals, administrative standards, financial management, and other
requirements of this grant. The DHSEM will notify Grantee in advance of such on -site monitoring.
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Exhibit A
EXHIBIT B, BUDGET
BUDGET:
The following budget table contains amounts for the categories and/or project activities for this grant
award.
Project Activity/Line Item
Federal Share
Planning
$ 0.00
Organization
$ 235,267.00
Equipment
$ 226,567.00
Training
$ 18,000.00
Exercise
$ 0.00
PROJECT ACTIVITY SUBTOTAL
$ 479,834.00
Management & Admin
$ 9,465.00
TOTAL AWARD AMOUNT
$ 489,299.00
Project Title
Total
Combating Domestic Violent Extremism
$ 0.00
Community Preparedness & Resilience
$ 9,057.40
Cybersecurity
$ 38,500.00
Elections Security
$ 22,050.00
Information & Intelligence Sharing
$ 0.00
Soft Targets / Crowded Places
$ 52,285.00
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Exhibit B
EXHIBIT C, FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part,
with an Award of Federal funds. In the event of a conflict between the provisions of these
Federal Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits
incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall
control.
1.2 These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or State
of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below.
2.1.1. "Award" means an award of Federal financial assistance, and the Grant setting forth the
terms and conditions of that financial assistance, that a non -Federal Entity receives or
administers.
2.1.2. "Entity" means:
2.1.2.1. a Non -Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward
to a non -Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. "Executive" means an officer, managing partner or any other employee in a
management position.
2.1.4. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
2.1.5. "Grant" means the Grant to which these Federal Provisions are attached.
2.1.6. "Grantee" means the party or parties identified as such in the Grant to which these
Federal Provisions are attached.
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.
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Exhibit C
EXHIBIT D, FEDERAL PROVISIONS (CONT.)
2.1.8. "Nonprofit Organization" means any corporation, trust, association, cooperative, or
other organization, not including IHEs, that:
2.1.8.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest;
2.1.8.2. Is not organized primarily for profit; and
2.1.8.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.9. "OMB" means the Executive Office of the President, Office of Management and
Budget.
2.1.10. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.11. "Recipient" means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.12. "Subaward" means an award by a Recipient to a Subrecipient 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 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;
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EXHIBIT D, FEDERAL PROVISIONS (CONT.)
2.1.15.5. Above -market earnings on deferred compensation which is not tax -
qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation
(e.g., severance, termination payments, value of life insurance paid on
behalf of the employee, perquisites or property) for the Executive exceeds
$10,000.
2.1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act
of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. "Unique Entity ID" means the Unique Entity ID established by the federal government
for a Grantee at https://sam.gov/content/home.
2.1.18. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Grantees unless the Uniform Guidance or the terms and conditions of the Federal Award
specifically indicate otherwise.
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 (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 after the initial
registration, and more frequently if required by changes in its information.
4.2. Unique Entity ID. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall
update Grantee's information at http://www.sam.gov at least annually after the initial
registration, and more frequently if required by changes in Grantee's information.
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
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EXHIBIT D, FEDERAL PROVISIONS (CONT.)
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.3. The public does not have access to information about the compensation of
such Executives through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or §
6104 of the Internal Revenue Code of 1986.
6. REPORTING.
6.1. Pursuant to the Transparency Act, 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. Grantee shall report as set forth below.
8.1.1. To Recipient. A Subrecipient shall report to its Recipient the following data elements
for each Federal Award Identification Number (FAIN) assigned by a Federal agency
to a Recipient no later than the end of the month following the month in which the
Subaward was made:
8.1.1.1. Subrecipient Unique Entity ID;
8.1.1.2. Subrecipient Unique Entity ID if more than one electronic funds transfer
(EFT) account;
8.1.1.3. Subrecipient parent's organization Unique Entity ID;
8.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip
+ 4, and Congressional District;
8.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in
§4 above are met; and
8.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
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EXHIBIT D, FEDERAL PROVISIONS (CONT.)
8.1.2. To Recipient. A Grantee shall report to its Recipient, upon the effective date of the
Grant, the following data elements:
8.1.2.1. Subrecipient's Unique Entity ID as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address, City,
State, Country, Zip code + 4, and Congressional District.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable regulations,
provided that the procurements conform to applicable Federal law and the standards identified
in the Uniform Guidance, including without limitation, 2 CFR 200.318 through 200.327
thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent
consistent with law, the non -Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must be included
in all subawards including all contracts and purchase orders for work or products under this
award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a
political subdivision of the State, its contractors must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
9.4. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients are
subject to the regulations implementing "Never contract with the enemy" in 2 CFR part 183.
The regulations in 2 CFR part 183 affect covered contracts, grants and cooperative agreements
that are expected to exceed $50,000 within the period of performance, are performed outside
the United States and its territories, and are in support of a contingency operation in which
members of the Armed Forces are actively engaged in hostilities.
9.5. Prohibition on certain telecommunications and video surveillance services or equipment (2
CFR 200.216). Subrecipient is prohibited from obligating or expending loan or grant funds on
certain telecommunications and video surveillance services or equipment pursuant to 2 CFR
200.216.
10. ACCESS TO RECORDS.
10.1. A Grantee shall permit Prime Recipient and its auditors to have access to Grantee's records and
fmancial statements as necessary for Recipient to meet the requirements of 2 CFR 200.332
(Requirements for pass -through entities), 2 CFR 200.300 (Statutory and national policy
requirements) through 2 CFR 200.309 (Period of performance), and Subpart F -Audit
Requirements of the Uniform Guidance.
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EXHIBIT D, FEDERAL PROVISIONS (CONT.)
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Grantee expends $750,000 or more in Federal Awards during the Grantee's fiscal year, the
Grantee shall procure or arrange for a single or program -specific audit conducted for that year
in accordance with the provisions of Subpart F -Audit Requirements of the Uniform Guidance,
issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR
200.501
11.1.1. Election. A Grantee 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 Grantee may elect to have a program -specific audit if Grantee 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 Grantee expends less than $750,000 in Federal Awards during its fiscal
year, the Grantee 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. Grantee Compliance Responsibility. A Grantee 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. Grantee
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 Grantees shall comply with the following provisions. Grantees
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.
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EXHIBIT D, FEDERAL PROVISIONS (CONT.)
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).
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
Grantee 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 Grantee 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
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EXHIBIT D, FEDERAL PROVISIONS (CONT.)
or grant funds on certain telecommunications and video surveillance services or
equipment pursuant to 2 CFR 200.216.
13. CERTIFICATIONS.
13.1. Unless prohibited by Federal statutes or regulations, Prime Recipient may require Grantee to
submit certifications and representations required by Federal statutes or regulations on an
annual basis. 2 CFR 200.208. Submission may be required more frequently if Grantee fails to
meet a requirement of the Federal award. Grantee 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.
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Exhibit C
EXHIBIT D, 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:
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Exhibit D
EXHIBIT D, PII CERTIFICATION
STATE OF COLORADO
THIRD PARTY ENTITY / ORGANIZATION CERTIFICATION FOR ACCESS TO PII
THROUGH A DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S., I, , on behalf of
(legal 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.
Signature:
Printed Name:
Title:
Date:
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Exhibit D
EXHIBIT E, HIPAA BUSINESS ASSOCIATE AGREEMENT
This HIPAA Business Associate Agreement ("Agreement") between the State and Contractor is agreed to in
connection with, and as an exhibit to, the Contract. For purposes of this Agreement, the State is referred to as
"Covered Entity" and the Contractor is referred to as "Business Associate". Unless the context clearly requires a
distinction between the Contract and this Agreement, all references to "Contract" shall include this Agreement.
1. Purpose
Covered Entity wishes to disclose information to Business Associate, which may include Protected Health
Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI in compliance
with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Pub. L. No. 104-191 (1996) as
amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH Act") enacted
under the American Recovery and Reinvestment Act of 2009 ("ARRA") Pub. L. No. 111-5 (2009), implementing
regulations promulgated by the U.S. Department of Health and Human Services at 45 C.F.R. Parts 160, 162 and
164 (the "HIPAA Rules") and other applicable laws, as amended. Prior to the disclosure of PHI, Covered Entity
is required to enter into an agreement with Business Associate containing specific requirements as set forth in, but
not limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal Regulations
("C.F.R.") and all other applicable laws and regulations, all as may be amended.
2. Definitions
The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules: Breach, Data
Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary,
Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident,
Subcontractor, Unsecured Protected Health Information, and Use.
The following terms used in this Agreement shall have the meanings set forth below:
Business Associate. "Business Associate" shall have the same meaning as the term "business
associate" at 45 C.F.R. 160.103, and shall refer to Contractor.
b. Covered Entity. "Covered Entity" shall have the same meaning as the term "covered entity" at 45
C.F.R. 160.103, and shall refer to the State.
c. Information Technology and Information Security. "Information Technology" and "Information
Security" shall have the same meanings as the terms "information technology" and "information
security", respectively, in §24-37.5-102, C.R.S.
Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the meanings
ascribed to them in the Contract.
3. Obligations and Activities of Business Associate
a. Permitted Uses and Disclosures.
i. Business Associate shall use and disclose PHI only to accomplish Business Associate's
obligations under the Contract.
ii. To the extent Business Associate carries out one or more of Covered Entity's obligations
under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with any and all
requirements of Subpart E that apply to Covered Entity in the performance of such obligation.
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iii. Business Associate may disclose PHI to carry out the legal responsibilities of Business
Associate, provided, that the disclosure is Required by Law or Business Associate obtains
reasonable assurances from the person to whom the information is disclosed that:
A. the information will remain confidential and will be used or disclosed only as
Required by Law or for the purpose for which Business Associate originally
disclosed the information to that person, and;
B. the person notifies Business Associate of any Breach involving PHI of which it is
aware.
iv. Business Associate may provide Data Aggregation services relating to the Health Care
Operations of Covered Entity. Business Associate may de -identify any or all PHI created or
received by Business Associate under this Agreement, provided the de -identification
conforms to the requirements of the HIPAA Rules.
b. Minimum Necessary. Business Associate, its Subcontractors and agents, shall access, use, and
disclose only the minimum amount of PHI necessary to accomplish the objectives of the Contract, in
accordance with the Minimum Necessary Requirements of the HIPAA Rules including, but not
limited to, 45 C.F.R. 164.502(b) and 164.514(d).
c. Impermissible Uses and Disclosures.
i. Business Associate shall not disclose the PHI of Covered Entity to another covered entity
without the written authorization of Covered Entity.
ii. Business Associate shall not share, use, disclose or make available any Covered Entity PHI
in any form via any medium with or to any person or entity beyond the boundaries or
jurisdiction of the United States without express written authorization from Covered Entity.
d. Business Associate's Subcontractors.
i. Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2),
ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of
Business Associate agree in writing to the same restrictions, conditions, and requirements
that apply to Business Associate with respect to safeguarding PHI.
ii. Business Associate shall provide to Covered Entity, on Covered Entity's request, a list of
Subcontractors who have entered into any such agreement with Business Associate.
iii. Business Associate shall provide to Covered Entity, on Covered Entity's request, copies of
any such agreements Business Associate has entered into with Subcontractors.
e. Access to System. If Business Associate needs access to a Covered Entity Information Technology
system to comply with its obligations under the Contract or this Agreement, Business Associate shall
request, review, and comply with any and all policies applicable to Covered Entity regarding such
system including, but not limited to, any policies promulgated by the Office of Information
Technology and available at http://oit.state.co.us/about/policies.
f. Access to PHI. Business Associate shall, within ten days of receiving a written request from Covered
Entity, make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy
Covered Entity's obligations under 45 C.F.R. 164.524.
g.
Amendment of PHI.
i. Business Associate shall within ten days of receiving a written request from Covered Entity
make any amendment to PHI in a Designated Record Set as directed by or agreed to by
Covered Entity pursuant to 45 C.F.R. 164.526, or take other measures as necessary to satisfy
Covered Entity's obligations under 45 C.F.R. 164.526.
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Exhibit E
ii. Business Associate shall promptly forward to Covered Entity any request for amendment of
PHI that Business Associate receives directly from an Individual.
h. Accounting Rights. Business Associate shall, within ten days of receiving a written request from
Covered Entity, maintain and make available to Covered Entity the information necessary for Covered
Entity to satisfy its obligations to provide an accounting of Disclosure under 45 C.F.R. 164.528.
i. Restrictions and Confidential Communications.
i. Business Associate shall restrict the Use or Disclosure of an Individual's PHI within ten days
of notice from Covered Entity of:
A. a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or
B. a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522.
ii. Business Associate shall not respond directly to an Individual's requests to restrict the Use or
Disclosure of PHI or to send all communication of PHI to an alternate address.
iii. Business Associate shall refer such requests to Covered Entity so that Covered Entity can
coordinate and prepare a timely response to the requesting Individual and provide direction
to Business Associate.
J•
Governmental Access to Records. Business Associate shall make its facilities, internal practices,
books, records, and other sources of information, including PHI, available to the Secretary for
purposes of determining compliance with the HIPAA Rules in accordance with 45 C.F.R. 160.310.
k. Audit, Inspection and Enforcement.
i. Business Associate shall obtain and update at least annually a written assessment performed
by an independent third party reasonably acceptable to Covered Entity, which evaluates the
Information Security of the applications, infrastructure, and processes that interact with the
Covered Entity data Business Associate receives, manipulates, stores and distributes. Upon
request by Covered Entity, Business Associate shall provide to Covered Entity the executive
summary of the assessment.
ii. Business Associate, upon the request of Covered Entity, shall fully cooperate with Covered
Entity's efforts to audit Business Associate's compliance with applicable HIPAA Rules. If,
through audit or inspection, Covered Entity determines that Business Associate's conduct
would result in violation of the HIPAA Rules or is in violation of the Contract or this
Agreement, Business Associate shall promptly remedy any such violation and shall certify
completion of its remedy in writing to Covered Entity.
I. Appropriate Safeguards.
i. Business Associate shall use appropriate safeguards and comply with Subpart C of 45 C.F.R.
Part 164 with respect to electronic PHI to prevent use or disclosure of PHI other than as
provided in this Agreement.
ii. Business Associate shall safeguard the PHI from tampering and unauthorized disclosures.
iii. Business Associate shall maintain the confidentiality of passwords and other data required
for accessing this information.
iv. Business Associate shall extend protection beyond the initial information obtained from
Covered Entity to any databases or collections of PHI containing information derived from
the PHI. The provisions of this section shall be in force unless PHI is de -identified in
conformance to the requirements of the HIPAA Rules.
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Exhibit E
m. Safeguard During Transmission.
i. Business Associate shall use reasonable and appropriate safeguards including, without
limitation, Information Security measures to ensure that all transmissions of PHI are
authorized and to prevent use or disclosure of PHI other than as provided for by this
Agreement.
ii. Business Associate shall not transmit PHI over the internet or any other insecure or open
communication channel unless the PHI is encrypted or otherwise safeguarded with a FIPS-
compliant encryption algorithm.
n. Reporting of Improper Use or Disclosure and Notification of Breach.
i. Business Associate shall, as soon as reasonably possible, but immediately after discovery of
a Breach, notify Covered Entity of any use or disclosure of PHI not provided for by this
Agreement, including a Breach of Unsecured Protected Health Information as such notice is
required by 45 C.F.R. 164.410 or a breach for which notice is required under §24-73-103,
C.R.S.
ii. Such notice shall include the identification of each Individual whose Unsecured Protected
Health Information has been, or is reasonably believed by Business Associate to have been,
accessed, acquired, or disclosed during such Breach.
iii. Business Associate shall, as soon as reasonably possible, but immediately after discovery of
any Security Incident that does not constitute a Breach, notify Covered Entity of such
incident.
iv. Business Associate shall have the burden of demonstrating that all notifications were made
as required, including evidence demonstrating the necessity of any delay.
o. Business Associate's Insurance and Notification Costs.
i. Business Associate shall bear all costs of a Breach response including, without limitation,
notifications, and shall maintain insurance to cover:
A. loss of PHI data;
B. Breach notification requirements specified in HIPAA Rules and in §24-73-103,
C.R.S.; and
C. claims based upon alleged violations of privacy rights through improper use or
disclosure of PHI.
ii. All such policies shall meet or exceed the minimum insurance requirements of the Contract
or otherwise as may be approved by Covered Entity (e.g., occurrence basis, combined single
dollar limits, annual aggregate dollar limits, additional insured status, and notice of
cancellation).
iii. Business Associate shall provide Covered Entity a point of contact who possesses relevant
Information Security knowledge and is accessible 24 hours per day, 7 days per week to assist
with incident handling.
iv. Business Associate, to the extent practicable, shall mitigate any harmful effect known to
Business Associate of a Use or Disclosure of PHI by Business Associate in violation of this
Agreement.
p•
Subcontractors and Breaches.
i. Business Associate shall enter into a written agreement with each of its Subcontractors and
agents, who create, receive, maintain, or transmit PHI on behalf of Business Associate. The
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Exhibit E
q.
agreements shall require such Subcontractors and agents to report to Business Associate any
use or disclosure of PHI not provided for by this Agreement, including Security Incidents and
Breaches of Unsecured Protected Health Information, on the first day such Subcontractor or
agent knows or should have known of the Breach as required by 45 C.F.R. 164.410.
ii. Business Associate shall notify Covered Entity of any such report and shall provide copies of
any such agreements to Covered Entity on request.
Data Ownership.
i. Business Associate acknowledges that Business Associate has no ownership rights with
respect to the PHI.
ii. Upon request by Covered Entity, Business Associate immediately shall provide Covered
Entity with any keys to decrypt information that the Business Association has encrypted and
maintains in encrypted form, or shall provide such information in unencrypted usable form.
r. Retention of PHI. Except upon termination of this Agreement as provided in Section 5, below,
Business Associate and its Subcontractors or agents shall retain all PHI throughout the term of this
Agreement, and shall continue to maintain the accounting of disclosures required under Section 3.h,
above, for a period of six years.
4. Obligations of Covered Entity
Safeguards During Transmission. Covered Entity shall be responsible for using appropriate
safeguards including encryption of PHI, to maintain and ensure the confidentiality, integrity, and
security of PHI transmitted pursuant to this Agreement, in accordance with the standards and
requirements of the HIPAA Rules.
b. Notice of Changes.
i. Covered Entity maintains a copy of its Notice of Privacy Practices on its website. Covered
Entity shall provide Business Associate with any changes in, or revocation of, permission to
use or disclose PHI, to the extent that it may affect Business Associate's permitted or required
uses or disclosures.
ii. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of
PHI to which Covered Entity has agreed in accordance with 45 C.F.R. 164.522, to the extent
that it may affect Business Associate's permitted use or disclosure of PHI.
5. Termination
Breach.
i. In addition to any Contract provision regarding remedies for breach, Covered Entity shall
have the right, in the event of a breach by Business Associate of any provision of this
Agreement, to terminate immediately the Contract, or this Agreement, or both.
ii. Subject to any directions from Covered Entity, upon termination of the Contract, this
Agreement, or both, Business Associate shall take timely, reasonable, and necessary action
to protect and preserve property in the possession of Business Associate in which Covered
Entity has an interest.
b. Effect of Termination.
i. Upon termination of this Agreement for any reason, Business Associate, at the option of
Covered Entity, shall return or destroy all PHI that Business Associate, its agents, or its
Subcontractors maintain in any form, and shall not retain any copies of such PHI.
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Exhibit E
ii. If Covered Entity directs Business Associate to destroy the PHI, Business Associate shall
certify in writing to Covered Entity that such PHI has been destroyed.
iii. If Business Associate believes that returning or destroying the PHI is not feasible, Business
Associate shall promptly provide Covered Entity with notice of the conditions making return
or destruction infeasible. Business Associate shall continue to extend the protections of
Section 3 of this Agreement to such PHI, and shall limit further use of such PHI to those
purposes that make the return or destruction of such PHI infeasible.
6. Injunctive Relief
Covered Entity and Business Associate agree that irreparable damage would occur in the event Business Associate
or any of its Subcontractors or agents use or disclosure of PHI in violation of this Agreement, the HIPAA Rules
or any applicable law. Covered Entity and Business Associate further agree that money damages would not
provide an adequate remedy for such Breach. Accordingly, Covered Entity and Business Associate agree that
Covered Entity shall be entitled to injunctive relief, specific performance, and other equitable relief to prevent or
restrain any Breach or threatened Breach of and to enforce specifically the terms and provisions of this Agreement.
7. Limitation of Liability
Any provision in the Contract limiting Contractor's liability shall not apply to Business Associate's liability under
this Agreement, which shall not be limited.
8. Disclaimer
Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement
or the HIPAA Rules will be adequate or satisfactory for Business Associate's own purposes. Business Associate
is solely responsible for all decisions made and actions taken by Business Associate regarding the safeguarding
of PHI.
9. Certification
Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate's Information
Security practices. Covered Entity or its authorized agent or contractor shall have the right to examine Business
Associate's facilities, systems, procedures, and records, at Covered Entity's expense, if Covered Entity determines
that examination is necessary to certify that Business Associate's Information Security safeguards comply with
the HIPAA Rules or this Agreement.
10. Amendment
a. Amendment to Comply with Law. The Parties acknowledge that state and federal laws and
regulations relating to data security and privacy are rapidly evolving and that amendment of this
Agreement may be required to provide procedures to ensure compliance with such developments.
i. In the event of any change to state or federal laws and regulations relating to data security
and privacy affecting this Agreement, the Parties shall take such action as is necessary to
implement the changes to the standards and requirements of HIPAA, the HIPAA Rules and
other applicable rules relating to the confidentiality, integrity, availability and security of PHI
with respect to this Agreement.
ii. Business Associate shall provide to Covered Entity written assurance satisfactory to Covered
Entity that Business Associate shall adequately safeguard all PHI, and obtain written
assurance satisfactory to Covered Entity from Business Associate's Subcontractors and
agents that they shall adequately safeguard all PHI.
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Exhibit E
iii. Upon the request of either Party, the other Party promptly shall negotiate in good faith the
terms of an amendment to the Contract embodying written assurances consistent with the
standards and requirements of HIPAA, the HIPAA Rules, or other applicable rules.
iv. Covered Entity may terminate this Agreement upon 30 days' prior written notice in the event
that:
A. Business Associate does not promptly enter into negotiations to amend the Contract
and this Agreement when requested by Covered Entity pursuant to this Section; or
B. Business Associate does not enter into an amendment to the Contract and this
Agreement, which provides assurances regarding the safeguarding of PHI sufficient,
in Covered Entity's sole discretion, to satisfy the standards and requirements of the
HIPAA, the HIPAA Rules and applicable law.
b. Amendment of Appendix. The Appendix to this Agreement may be modified or amended by the
mutual written agreement of the Parties, without amendment of this Agreement. Any modified or
amended Appendix agreed to in writing by the Parties shall supersede and replace any prior version
of the Appendix.
11. Assistance in Litigation or Administrative Proceedings
Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is
commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by Business
Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon receipt of such
notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its employees,
Subcontractors, or agents assisting Business Associate in the performance of its obligations under the Contract to,
assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and shall cause
its employees, Subcontractor's and agents to, provide assistance, to Covered Entity, which may include testifying
as a witness at such proceedings. Business Associate or any of its employees, Subcontractors or agents shall not
be required to provide such assistance if Business Associate is a named adverse party.
12. Interpretation and Order of Precedence
Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the
HIPAA Rules. In the event of an inconsistency between the Contract and this Agreement, this Agreement shall
control. This Agreement supersedes and replaces any previous, separately executed HIPAA business associate
agreement between the Parties.
13. Survival
Provisions of this Agreement requiring continued performance, compliance, or effect after termination shall
survive termination of this contract or this agreement and shall be enforceable by Covered Entity.
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Exhibit E
APPENDIX TO HIPAA BUSINESS ASSOCIATE AGREEMENT
This Appendix ("Appendix") to the HIPAA Business Associate Agreement ("Agreement") is s an appendix to the
Contract and the Agreement. For the purposes of this Appendix, defined terms shall have the meanings ascribed
to them in the Agreement and the Contract.
Unless the context clearly requires a distinction between the Contract, the Agreement, and this Appendix, all
references to "Contract" or "Agreement" shall include this Appendix.
1. Purpose
This Appendix sets forth additional terms to the Agreement. Any sub -section of this Appendix marked as
"Reserved" shall be construed as setting forth no additional terms.
2. Additional Terms
Additional Permitted Uses. In addition to those purposes set forth in the Agreement, Business
Associate may use PHI for the following additional purposes:
i. Reserved.
b. Additional Permitted Disclosures. In addition to those purposes set forth in the Agreement,
Business Associate may disclose PHI for the following additional purposes:
i. Reserved.
c. Approved Subcontractors. Covered Entity agrees that the following Subcontractors or agents of
Business Associate may receive PHI under the Agreement:
i. Reserved.
d. Definition of Receipt of PHI. Business Associate's receipt of PHI under this Contract shall be
deemed to occur, and Business Associate's obligations under the Agreement shall commence, as
follows:
i. Reserved.
e. Additional Restrictions on Business Associate. Business Associate agrees to comply with the
following additional restrictions on Business Associate's use and disclosure of PHI under the
Contract:
i. Reserved.
f. Additional Terms. Business Associate agrees to comply with the following additional terms under
the Agreement:
i. Reserved.
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Exhibit E
Security and E
Stan Hilkey
EXHIBIT F, SAMPLE OPTION LETTER
STATE OF COLORADO AGREEMENT MODIFICATION
OPTION LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Grantee
Insert Agreementor's Full Legal Name
Original Agreement Number
Insert Encumbrance Number
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
1. OPTIONS:
A. Option to extend for an Extension Term
B. Option to modify Agreement rates
C. 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 grent referenced , the State hereby exercises
its option for an additional term, ing Insert start dat nd ending on the ent Agreement expiration
date shown above, at the rates ' e Original nt, as amended.
B. For use with Option 1(B)
In accordance with Section(s) Number : ginal Agr ' enced above, the State hereby exercises
its option to modify Agreement es 'n Exhibit/Section Number/Letter. The Agreement rates
attached to this O replace . rat • riginallreement as of the Option Effective Date of
this Option Le
C. For use with Option
In accordance with Secti:. Numbe Origingreement 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 endin_ date at the cost/p' specified section Number.
D. For us- Lions that modi ' e A Bement Maximum Amount
Agreement Performance Beginning Date
Month Day, Yew
Current Agreement Exp' ate
Month Day, Year
Current Agreemen imu mount
$0.00
Current Agreement
$0.00
The Agr: y Amount
replaced
ON EFFEC
The effective date of Option L' er is upon approval of the State Controller.
went.
OF C : ORADO
olis, or
fety c tvision of Homeland
gency Management
ecutive Director
n the Agreement's Signature and Cover Page is hereby deleted and
aximum Amount table shown above.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: Kevin R. Klein, Director, DHSEM, By: Robert Jaros, CPA, MBA, JD
or DHSEM Director Delegate or State Controller Delegate
Date:
SHSP 2024
Encumbrance #: 24SHS-25-NER Page 1 of 1
Option Effective Date:
In accordance with §24-30-202, C.R.S., this Option is
not valid until signed and dated above by the State
Controller or an authorized delegate.
Version 07.2024
Exhibit F
Contract Form
Entity Information
Entity Name* Entity ID*
DEPARTMENT OF HOMELAND @00028683
SECURITY
New Entity?
Contract Name* Contract ID
2024 HOMELAND SECURITY GRANT PROGRAM AWARD 9009
ACCEPTANCE
Contract Status
CTB REVIEW
Contract Lead *
CDOVIDIO
Contract Lead Email
cdovidio@weld.gov;cpatt
elli@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
THE DHSEM 2024 APPLICATION FOR THE HOMELAND SECURITY GRANT PROGRAM IN THE AMOUNT OF $489,299
WAS ACCEPTED BY THE STATE. THIS CONTRACT IS THE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS
GRANT AWARD.
Contract Description 2
Contract Type* Department
AWARD ACCOUNTING
Amount* Department Email
$489,299.00 CM-
Accounting@weld.gov
Renewable*
NO Department Head Email
CM -Accounting -
Automatic Renewal DeptHead@weld.gov
Grant County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
IGA
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Requested BOCC Agenda Due Date
Date* 01/11/2025
01/15/2025
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"
01/09/2025
Committed Delivery Date
Renewal Date
Expiration Date*
08/31/2026
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
CHRIS D'OVIDIO CHRIS D'OVIDIO BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
01/13/2025 01/13/2025 01/13/2025
Final Approval
BOCC Approved Tyler Ref #
AG 012225
BOCC Signed Date Originator
CDOVIDIO
BOCC Agenda Date
01/22/2025
Hello