HomeMy WebLinkAbout20250345.tiffResolution
Approve Letter of Acceptance for Statement of Work Concerning Building Resilient
Infrastructure and Communities (BRIC) Small Dollar Grant Award Terms and
Conditions, and authorize Chair to sign
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with a Letter of Acceptance for the Statement
of Work Concerning the Building Resilient Infrastructure and Communities (BRIC) Small
Dollar Grant Award Terms and Conditions between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Office of Emergency Management, and the Colorado Department of Public Safety,
Division of Homeland Security and Emergency Management, commencing upon full
execution of signatures, and ending June 30, 2026, with further terms and conditions
being as stated in said letter and statement of work, and
Whereas, after review, the Board deems it advisable to approve and accept said letter
and statement of work, copies of which are attached hereto and incorporated herein by
reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Letter of Acceptance for the Statement of Work Concerning the
Building Resilient Infrastructure and Communities (BRIC) Small Dollar Grant Award
Terms and Conditions between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Office of Emergency
Management, and the Colorado Department of Public Safety, Division of Homeland
Security and Emergency Management, be, and hereby is, accepted and approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said letter of acceptance.
cc : o E Nl (RR), AcT(cP/Rwico)
°2 /W 125
2025-0345
EM0021
Letter of Acceptance for Statement of Work Concerning Building Resilient Infrastructure
and Communities (BRIC) Small Dollar Grant Award Terms and Conditions
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 3rd day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0345
EM0021
C orik-vaC (DiROtO
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: HMP Grant award.
DEPARTMENT: Emergency Management (OEM)
PERSON REQUESTING: Roy Rudisill
DATE: Jan 17, 2025
Brief description of the problem/issue: Commissioners, attached is the Grant aware for our Hazard
Mitigation Plan update. This award is for the purpose of hiring a contractor to help us through the process of
completing the plan update and approval process with the State and FEMA.
I'm requesting approval to add this agreement to the BOCC agenda for formal approval, so we are able to start
the procurement process for a contractor.
What options exist for the Board? Accept the award and continue the process of the plan update.
Consequences: If we deny the aware, this will put future FEMA grants in jeopardy
Impacts: If the Board does not accept the award our plan update will take longer, and any mitigation
grants will be in jeopardy of funding.
Costs (Current Fiscal Year I Ongoing or Subsequent Fiscal Years): No recurring costs, only a
match requirement.
Recommendation: Approve request and add grant paperwork to a future BOCC agenda for formal approval.
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
3raeil
way
2025-0345
2/3 EM0OZL
a
COLORADO
Division of Homeland Security
b Emergency Management
Department of Public Safely
Roy Rudisill
Director, Office of Emergency Management
Weld County
1150 O Street; PO Box 758
Greeley, CO 80632
Office of Grants Management
8000 South Chester Street, Suite 575
Centennial, CO 80112
November 21, 2024 23BRIC25-WELD
Re: Grant Award for the Building Resilient Infrastructure and Communities (BRIC) 2023 Program
The Colorado Division of Homeland Security & Emergency Management (DHSEM) is pleased to inform
you that your application for funding pursuant to the Building Resilient Infrastructure and Communities
(BRIC 2023) is approved and awarded in the amount of $100,579.00 ($75,434.00 in Federal funds and
$25,145.00 from Local).
DHSEM will issue your grant award as a Small Dollar Grant Agreement (SDGA). DHSEM will issue the
completed SDGA and terms and conditions for your grant award to you. If your organization has
updated or changed W-9 or banking information, new forms are required to update our financial
system prior to issuing and completing the SDGA process.
The period of performance for the BRIC 2023 SDGA is from October 24, 2024 to June 30, 2026.
All requests for reimbursements must cover work completed, or expenditures claimed, within this
period of performance as outlined in the Statement of Work.
I can be reached at (720) 630-0770 or markw.thompson@state.co.us to answer any additional
questions regarding your SDGA or the BRIC 2023 grant program.
Sincerely,
Mark Thompson
State Hazard Mitigation Officer
Colorado Department of Public Safety
Division of Homeland Security and Emergency Management
CC: Matt West, Mitigation Planning Supervisor
File
a
700 Kipling Street, Lakewood, CO 80215 ( www.colorado.gov/aublicsafety
COLORADO
Department of Public Safety
Jared Polis, Governor I Stan Hilkey, Executive Director
SO
COLORADO
Division of Homeland Security
b Emergency Management
Department of Public Safety
Letter of Acceptance
Award Letter Dated: November 21, 2024
Office of Grants Management
8000 South Chester Street, Suite 575
Centennial, CO 80112
Building Resilient Infrastructure and Communities 2023 (BRIC 2023)
Weld County
23BRIC25-WELD
This letter serves as notification and acceptance of the Small Dollar Grant Agreement (SDGA) for the
Building Resilient Infrastructure and Communities 2023 (BRIC 2023) in the amount of $100,579.00
($75,434.00 in Federal funds and $25,145.00 from Local) issued by the Colorado Department of Public
Safety, Division of Homeland Security and Emergency Management (CDPS/DHSEM).
By signing below, the agency, in accordance with acceptance, acknowledges the receipt, review and
concurrence of the provided terms and conditions, scope of work, and any additional requirements
identified. Additionally, if the agency has updated W-9 or banking information since last conducting
business with the CDPS / DHSEM, such documents are included with this Letter of Acceptance for
issuance of the award through the State financial system.
By signing and returning this letter, the undersigned holds authority to enter into, and understands and
accepts all the terms and conditions outlined for the Small Dollar Grant Agreement referenced above.
Signature
By (Printed Name): Perry L.
Title:
Date Signed:
a
ck
Chair, Board of Weld County Commissioners
FEB 0 3 2025
700 Kipling Street, Lakewood, CO 80215 www.colorado.aov/Publicsafetv
COLORADO
Department of Public Safety
Jared Polis, Governor I Stan Hilkey, Executive Director
Small Dollar Grant Award (SDGA)
Statement of Work
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
23BRIC25-WELD
1. Federal Award Information
Federal Award ID # (FAIN)
EM D -2023 -BR -002-0012
Federal Award Date
November 13, 2024
Federal Awarding Agency
DHS / FEMA
Agreement Performance Beginning Date
October 24, 2024
Current Agreement Expiration Date
June 30, 2026
Current Agreement Maximum Amount
$75,434.00
Current Agreement Match Amount
$25,145.00
Assistance Listing (CFDA)
97.047
Building Resilient Infrastructure and Communities
(BRIC)
Identification if the Award is for R&D:
No
2. Grant Authority
A. Federal Authority to enter into this Grant exists in Sections 203 and 206 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended (Pub. L.
No. 93-288) (42 U.S.C. §§ 5133 and 5136);
B. State Authority: to enter this Grant exists in CRS §24-1-128.6.
3. General Description of the Project(s).
3.1. Project Description. The proposed project will develop a Hazard Mitigation Plan (HMP)
Update for Weld County, Colorado, that meets the requirements of the Disaster
Mitigation Act (DMA) of 2000, 44 CFR Part 201.6 and the most current Federal
Emergency Management Agency (FEMA) "how-to" planning guidance. The plan will meet
the most current FEMA and DHSEM Local Mitigation Plan Review Tool requirements. In
addition, the plan will be aligned with the current State of Colorado Hazard Mitigation
Plan.
3.2. Project Expenses. Project expenses include the costs to hire the contractor and local
personnel to complete the project as described in this §3 Statement of Work (SOW). All
eligible expenses are listed in the budget agreement amount table of §9 of this SOW.
BRIC 2023 Version 12.2024
Encumbrance # 23BRIC25-WELD Page 1 Statement of Work
Statement of Work (cont.)
3.3. Non -Federal Match: This non-federal match section applies to this Grant, which
requires a non-federal match contribution of 25% of the total Grant budget.
Documentation of expenditures for the non-federal match contribution is required with
each drawdown request. If applicable the match may include in -kind match.
4. Principal Representatives
For the State: For Grantee:
Matthew West, Mitigation Planning Supervisor Denise Bradshaw, Emergency Management
Department of Public Safety, Division of Coordinator
Homeland Security & Emergency Management Weld County
9195 East Mineral Avenue, Suite 200 1150 O Street; PO Box 758
Centennial, CO 80112 Greeley, CO 80632
Matthew.West@state.co.us dbradshaw@co.weld.co.us
5. Administrative Requirements:
5.1. The Grantee must request approval in advance for any change to this Grant Agreement,
using the forms and procedures established by the DHSEM.
5.2. Required Documentation: Grantees shall retain all procurement and payment
documentation on site for inspection. This shall indude, but not be limited to, purchase
orders, receiving documents, invoices, vouchers, equipment/services identification, and
time and effort reports.
5.2.1 Sufficient detail shall be provided with reimbursement requests to demonstrate
that expenses are allowable and appropriate as detailed below:
5.2.2 Equipment or tangible goods. When requesting reimbursement for equipment
items with a purchase price of or exceeding $10,000, and a useful life of more
than one year, the Grantee shall provide a unique identifying number for the
equipment, with a copy of the Grantee's invoice and proof of payment. The
unique identifying number can be the manufacturer's serial number or, if the
Grantee has its own existing inventory numbering system, that number may be
used. The location of the equipment shall also be provided. In addition to
ongoing tracking requirements, Grantee shall ensure that equipment items with
per unit cost of $10,000 or more are prominently marked in a manner similar to
the following:
Purchased with funds provided by the U.S. Department of Homeland
Security.
BRIC 2023 Version 07.2024
Encumbrance # 23BRIC25-WELD Page 2 Statement of Work
Statement of Work (cont.)
5.2.3 Services. Grantees shall include contract/purchase order number(s) or employee
names, the date(s) the services were provided and the nature of the services.
5.3. Non -Supplanting Requirement: Grantees receiving federal financial assistance
awards made under programs that prohibit supplanting by law must ensure that federal
funds do not replace (supplant) funds that have been budgeted for the same purpose
through non-federal sources.
5.4. Procurement: A Grantee shall ensure its procurement policies meet or exceed local,
state, and federal requirements. Grantees should refer to local, state, and federal
guidance prior to making decisions regarding competitive bids, sole source or other
procurement issues. In addition:
5.4.1 Any sole source transaction shall be approved in advance by the DHSEM.
5.4.2 Grantees shall ensure that: (a) All procurement transactions, whether negotiated
or competitively bid, and without regard to dollar value, are conducted in a
manner that provides maximum open and free competition; (b) Grantee shall be
alert to organizational conflicts of interest and/or non-competitive practices
among contractors that may restrict or eliminate competition or otherwise
restrain trade; (c) Contractors who develop or draft specifications, requirements,
statements of work, and/or Requests for Proposals (RFPs) for a proposed
procurement shall be excluded from bidding or submitting a proposal to compete
for the award of such procurement; and (d) Any request for exemption of item a-
c within this subsection shall be submitted in writing to, and be approved by the
authorized Grantee official.
5.4.3 Grantee shall verify Contractor(s) is/are not debarred from participation in state
and federal programs by reviewing contractor debarment information on
AM. ov.
5.4.4 When issuing requests for proposals, bid solicitations, and other published
documents describing projects or programs funded in whole or in part with these
grant funds, Grantee and Subgrantees shall use the following phrase in the
request listing:
"This project was supported by grant #23BRIC25-WELD, issued by the Colorado
Division of Homeland Security and Emergency Management."
BRIC 2023 Version 07.2024
Encumbrance # 23BRIC25-WELD Page 3 Statement of Work
Statement of Work (cont.)
5.4.5 Grantee shall ensure that no rights or duties exercised under this grant, or
equipment purchased with Grant Funds having a purchase value of $10,000 or
more, are assigned without the prior written consent of the DHSEM.
5.5. Additional Administrative Requirements:
5.5.1 All of the instructions, guidance, limitations, terms and conditions, scope of work,
and other conditions set forth in the Notice of Funding Opportunity (NOFO) and
the Notice of Award (NOA) for this federal award are incorporated by reference.
See also DHS Standard Terms and Conditions.
5.5.2 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 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.
5.5.3 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. Click 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 and
approved by DHS/FEMA 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.
BRIC 2023 Version 07.2024
Encumbrance # 23BRIC25-WELD Page 4 Statement of Work
Statement of Work (cont.)
5.5.4 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
5.5.5 All applicant agencies that own resources that could deploy must be on a
Colorado Resource Rate Form in WebEOC.
5.5.6 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.
6. Reporting Requirements:
6.1. 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 this §6.
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, May, June
July, August, September
October, November, December
due April 15.
due July 15.
due October 15.
due January 15.
6.2. Final Reports: Grantee shall submit final progress reports that provide final financial
reconciliation and final cumulative grant/project accomplishments within 45 days of the
BRIC 2023 Version 07.2024
Encumbrance # 23BRIC25-WELD Page 5 Statement of Work
Statement of Work (cont.)
end of the project/grant period of performance. The final report may not include
unliquidated obligations and must indicate the exact balance of unobligated funds. The
final reports may substitute for the quarterly reports for the final quarter of the grant
period.
If all projects are completed before the end of the grant period, the final report may be
submitted at any time during the period of performance. Further reports are not due
after the DHSEM has received, and sent notice of acceptance, of the final grant report.
7. Payment:
7.1. 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 §6.1 of this SOW.
All requests shall be for eligible actual expenses incurred by Grantee, and as described in
detail in the budget table(s) in §9 of this SOW. Requests shall be accompanied by
supporting documentation totaling at least the amount requested for reimbursement and
any required non-federal match contribution as outlined in §3.3 of this SOW.
If any progress reports are delinquent at the time of a payment request, the DHSEM may
withhold such reimbursement until the required reports have been submitted.
7.2. 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.
7.3. Payment Returns: Any grant funds from this award not expended by the Agreement
Expiration Date, or deemed ineligible under the grant program, must be returned to the
State within 10 days of the Agreement Expiration Date, or notification from the DHSEM
of ineligibility. Such grant funds returned to the State must be via check repayment
issued to 'Colorado Department of Public Safety' with a memo line stating 'refund for
[encumbrance number*]' and remit to:
Colorado Department of Public Safety
Attn: EDO Accountant
700 Kipling Street, Suite 4000
Lakewood, CO 80215.
*Encumbrance number for this award is found at the bottom of each page of the SOW.
BRIC 2023 Version 07.2024
Encumbrance # 23BRIC25-WELD
Page 6 Statement of Work
Statement of Work (cont.)
8. Testing and Acceptance Criteria:
The DHSEM shall evaluate Project(s) through the review of Grantee submitted financial and
progress reports, and may also conduct on -site monitoring to determine whether the Grantee is
meeting/has met the performance goals, administrative standards, financial management, and
other requirements of this grant. The DHSEM will notify Grantee in advance of such on -site
monitoring.
9. Budget Agreement Amount Table:
The following budget table contains amounts for the categories and/or project activities for this
grant award.
Project Activity/Line Item
Federal Share
Local Share
Total Project
Organize Resources
$ 15,058.50
$ 5,019.50
$ 20,078.00
Hazard Identification and Risk
Assessment
$ 24,180.75
$ 8,060.25
$ 32,241.00
Develop Mitigation Strategy
$ 22,200.75
$ 7,400.25
$ 29,601.00
Adopt, Implement, and Monitor
$ 10,113.00
$ 3,371.00
$ 13,484.00
Project Activity Subtotal
$ 71,553.00
$ 23,851.00
$ 95,404.00
Project Management and Other
Eligible Costs $ 3,881.00
$ 1,294.00
$ 5,175.00
Total Amounts $ 75,434.00
$ 25,145.00
$ 100,579.00
10. Modifications
Any changes requested by the Grantee, or by the DHSEM, shall be made in writing. The
DHSEM, in good faith and sole discretion, can modify this agreement and shall notify Grantee in
writing with a letter of modification outlining any changes to this agreement with a modified
SOW, and accompanied with an Acceptance Letter of Modification for the Grantee to sign as
approval of such changes and/or modifications.
Only upon returning the Acceptance Letter of Modification, or further drawdowns of funds by
the Grantee after notification of modification is made in writing by the DHSEM, will the
modifications be deemed accepted by the Grantee in accordance with §3 of the attached Terms
and Conditions of this Small Dollar Grant Award (SDGA). Examples of the modification
notification letter, modified SOW, and Acceptance Letter of Modification are included.
BRIO 2023 Version 07.2024
Encumbrance # 23BRIC25-WELD
Page 7 Statement of Work
State of Colorado Small Dollar Grant Award Terms and Conditions
1. Offer/Acceptance. This Small Dollar Grant Award, together with these terms and
conditions (including, if applicable, Addendum 1: Additional Terms and Conditions for
Information Technology below), and any other attachments, exhibits, specifications, or
appendices, whether attached or incorporated by reference (collectively the
"Agreement") shall represent the entire and exclusive agreement between the State of
Colorado, by and through the agency identified on the face of the Small Dollar Grant
Award ("State") and the Subrecipient identified on the face of the Small Dollar Grant
Award ("Grantee"). If this Agreement refers to Grantee's bid or proposal, this Agreement
is an ACCEPTANCE of Grantee's OFFER TO PERFORM in accordance with the terms and
conditions of this Agreement. If a bid or proposal is not referenced, this Agreement is an
OFFER TO ENTER INTO AGREEMENT, subject to Grantee's acceptance, demonstrated by
Grantee's beginning performance or written acceptance of this Agreement. Any COUNTER-
OFFER automatically CANCELS this Agreement, unless a change order is issued by the State
accepting a counter-offer. Except as provided herein, the State shall not be responsible or
liable for any Work performed prior to issuance of this Agreement. The State's financial
obligations to the Grantee are limited by the amount of Grant Funds awarded as reflected
on the face of the Small Dollar Grant Award.
2. Order of Precedence. In the event of a conflict or inconsistency within this Agreement,
such conflict or inconsistency shall be resolved by giving preference to the documents in
the following order of priority: (1) the Small dollar Grant Award document; (2) these
terms and conditions (including, if applicable, Addendum 1 below); and (3) any
attachments, exhibits, specifications, or appendices, whether attached or incorporated by
reference. Notwithstanding the above, if this Agreement has been funded, in whole or in
part, with a Federal Award, in the event of a conflict between the Federal Grant and this
Agreement, the provisions of the Federal Grant shall control. Grantee shall comply with all
applicable Federal provisions at all times during the term of this Agreement. Any terms
and conditions included on Grantee's forms or invoices not included in this Agreement are
void.
3. Changes. Once accepted in accordance with §1, this Agreement shall not be modified,
superseded or otherwise altered, except in writing by the State and accepted by Grantee.
Page 1 Effective 12.2024
State of Colorado Small Dollar Grant Award Terms and Conditions
4. Definitions. The following lerms shall be construed and interpreted as follows: (a)
"Award" means an award of Federal financial assistance, and the grant setting forth the
terms and conditions of that financial assistance, that a Non -Federal Entity receives or
administers.; (b) "Budget" means the budget for the Work described in this Agreement; (c)
"Business Day" means any day in which the State is open and conducting business, but
shall not include Saturday, Sunday or any day on which the State observes one of the
holidays listed in CRS §24-11- 101(1); (d) "UCC" means the Uniform Commercial Code in
CRS Title 4; (e) "Effective Date" means the date on which this Agreement is issued as
shown on the face of the Small Dollar Grant Award; (f) "Federal Award" means an award of
federal financial assistance or a cost -reimbursement contract, , by a Federal Awarding
Agency to the Recipient. "Federal Award" also means an agreement setting forth the
terms and conditions of the Federal Award, which terms and conditions shall flow down to
the Award unless such terms and conditions specifically indicate otherwise. The term does
not include payments to a contractor or payments to an individual that is a beneficiary of
a Federal program; (g) "Federal Awarding Agency" means a Federal agency providing a
Federal Award to a Recipient as described in 2 CFR 200.1; (h) "Grantee" means the party
or parties identified as such in the Grant to which these Terms and Conditions apply.
Grantee also means Subrecipient; (i) "Grant Funds" means the funds that have been
appropriated, designated, encumbered, or otherwise made available for payment by the
State under this Agreement; (j) "Matching Funds" mean the funds provided by the Grantee
to meet cost sharing requirements described in this Agreement; (k) "Non -Federal Entity"
means a State, local government, Indian tribe, institution of higher education, or nonprofit
organization that carries out a Federal Award as a Recipient or Subrecipient; (I) "Recipient"
means the State agency identified on the face of the Small Dollar Grant Award; (m)
"Subcontractor" means third parties, if any, engaged by Grantee to aid in performance of
the Work; (n) "Subrecipient" means an entity that receives a subaward from a pass -
through entity to carry out part of a Federal award. The term subrecipient does not
include a beneficiary or participant. A subrecipient may also be a recipient of other
Federal awards directly from a Federal agency; (o) "Uniform Guidance" means the Office
of Management and Budget Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. The terms and conditions of the Uniform
Guidance flow down to awards to Subrecipients unless the Uniform Guidance or the terms
and conditions of the Federal Award specifically indicate otherwise; and (p) "Work" means
the goods delivered or services, or both, performed pursuant to this Agreement and
identified as Line Items on the face of the Small Dollar Grant Award.
State of Colorado Small Dollar Grant Award Terms and Conditions
5. Delivery. Grantee shall furnish the Work in strict accordance with the specifications and
price set forth in this Agreement. The State shall have no liability to compensate Grantee
for the performance of any Work not specifically set forth in the Agreement.
6. Rights to Materials. [Not Applicable to Agreements issued either in whole in part for
Information Technology, as defined in CRS § 24-37.5-102(2); in which case Addendum 1 62
applies in lieu of this section.] Unless specifically stated otherwise in this Agreement, all
materials, including without limitation supplies, equipment, documents, content,
information, or other material of any type, whether tangible or intangible (collectively
"Materials"), furnished by the State to Grantee or delivered by Grantee to the State in
performance of its obligations under this Agreement shall be the exclusive property the
State. Grantee shall return or deliver all Materials to the State upon completion or
termination of this Agreement.
7. Grantee Records. Grantee shall make, keep, maintain, and allow inspection and
monitoring by the State of a complete file of all records, documents, communications,
notes and other written materials, electronic media files, and communications, pertaining
in any manner to the Work (including, but not limited to the operation of programs)
performed under this Agreement (collectively "Grantee Records"). Grantee must collect,
transmit, and store information related to this Agreement in open and machine-readable
formats (2 CFR 200.336). Unless otherwise specified by the State, the Grantee shall retain
Grantee Records for a period (the "Record Retention Period") of three years following the
date of submission to the State of the final expenditure report, or if this Award is renewed
quarterly or annually, from the date of the submission of each quarterly or annual report,
respectively. If any litigation, claim, or audit related to this Award starts before expiration
of the Record Retention Period, the Record Retention Period shall extend unti all
litigation, claims or audit finding have been resolved and final action taken by the State or
Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit,
oversight, or indirect costs, and the State, may notify Grantee in writing that the Record
Retention Period shall be extended. For records for real property and equipment, the
Record Retention Period shall extend three years following final disposition of such
property. Grantee shall permit the State, the federal government, and any other duly
authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and
transcribe Grantee Records during the Record Retention Period. Grantee shall make
Grantee Records available during normal business hours at Grantee's office or place of
business, or at other mutually agreed upon times or locations, upon no fewer than two
Business Days' notice from the State, unless the State determines that a shorter period of
notice, or no notice, is necessary to protect the interests of the State. The State, in its
discretion, may monitor Grantee's performance of its obligations under this Agreement
State of Colorado Small Dollar Grant Award Terms and Conditions
using procedures as determined by the State. The federal government and any other duly
authorized agent of a governmental agency, in its discretion, Grantee shall allow the State
to perform all monitoring required by the Uniform Guidance, based on the State's risk
analysis of Grantee and this Agreement, and the State shall have the right, in its
discretion, to change its monitoring procedures and requirements at any time during the
term of this Agreement. The State will monitor Grantee's performance in a manner that
does not unduly interfere with Grantee's performance of the Work. Grantee shall promptly
submit to the State a copy of any final audit report of an audit performed on Grantee
Records that relates to or affects this Agreement or the Work, whether the audit is
conducted by Grantee, a State agency or the State's authorized representative, or a third
party. If applicable, the Grantee may be required to perform a single audit under 2 CFR
200.501, et seq. Grantee shall submit a copy of the results of that audit to the State
within the same timelines as the submission to the federal government.
8. Reporting. If Grantee is served with a pleading or other document in connection with an
action before a court or other administrative decision- making body, and such pleading or
document relates to this Agreement or may affect Grantee's ability to perform its
obligations under this Agreement, Grantee shall, within 10 days after being served, notify
the State of such action and deliver copies of such pleading or document to the State.
Grantee shall disclose, in a timely manner, in writing to the State and the Federal
Awarding Agency, all violations of federal or State criminal law involving fraud, bribery, or
gratuity violations potentially affecting the Award. The State or the Federal Awarding
Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31
U.S.C. 3321, which may include, without limitation, suspension or debarment.
9. Conflicts of Interest. Grantee acknowledges that with respect to this Agreement, even
the appearance of a conflict of interest is harmful to the State's interests. Absent the
State's prior written approval, Grantee shall refrain from any practices, activities, or
relationships that reasonably may appear to be in conflict with the full performance of
Grantee's obligations to the State under this Agreement. If a conflict or appearance of a
conflict of interest exists, or if Grantee is uncertain as to such, Grantee shall submit to
the State a disclosure statement setting forth the relevant details for the State's
consideration. Failure to promptly submit a disclosure statement or to follow the State's
direction in regard to the actual or apparent conflict constitutes a breach of this
Agreement. Grantee certifies that, to their knowledge, no employee of the State has any
personal or beneficial interest whatsoever in the service or property described in this
Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect,
that would conflict in any manner or degree with the performance of Grantee's Services
and Grantee shall not employ any person having such known interests.
State of Colorado Small Dollar Grant Award Terms and Conditions
10. Taxes. The State is exempt from federal excise taxes and from State and local sales and
use taxes.
11. Payment. Payments to Grantee are limited to the unpaid, obligated balance of the Grant
Funds. The State shall not pay Grantee any amount under this Agreement that exceeds the
Document Total shown on the face of the Small Dollar Grant Award. The State shall pay
Grantee in the amounts and in accordance with the schedule and other conditions set forth
in this Agreement. Grantee shall initiate payment requests by invoice to the State, in a
form and manner approved by the State. The State shall pay Grantee for all amounts due
within 45 days after receipt of an Awarding Agency's approved invoicing request, or in
instances of reimbursement grant programs a request for reimbursement, compliant with
Generally Accepted Accounting Principles (GAAP) and, if applicable Government
Accounting Standards Board (GASB) of amount requested. Amounts not paid by the State
within 45 days of the State's acceptance of the invoice shall bear interest on the unpaid
balance beginning on the 45th day at the rate set forth in CRS §24-30-202(24) until paid in
full. Interest shall not accrue if a good faith dispute exists as to the State's obligation to
pay all or a portion of the amount due. Grantee shall invoice the State separately for
interest on delinquent amounts due, referencing the delinquent payment, number of day's
interest to be paid, and applicable interest rate. The acceptance of an invoice shall not
constitute acceptance of any Work performed under this Agreement. Except as specifically
agreed in this Agreement, Grantee shall be solely responsible for all costs, expenses, and
other charges it incurs in connection with its performance under this Grantee.
12. Term. The parties' respective performances under this Agreement shall commence on the
"Service From" date identified on the face of the Small Dollar Grant Award, unless
otherwise specified, and shall terminate on the "Service To" date identified on the face of
the Small Dollar Grant Award unless sooner terminated in accordance with the terms of
this Agreement.
13. Payment Disputes. If Grantee disputes any calculation, determination or amount of any
payment, Grantee shall notify the State in writing of its dispute within 30 days following
the earlier to occur of Grantee's receipt of the payment or notification of the
determination or calculation of the payment by the State. The State will review the
information presented by Grantee and may make changes to its determination based on
this review. The calculation, determination or payment amount that results from the
State's review shall not be subject to additional dispute under this subsection. No
payment subject to a dispute under this subsection shall be due until after the State has
concluded its review, and the State shall not pay any interest on any amount during the
period it is subject to dispute under this subsection.
State of Colorado Small Dollar Grant Award Terms and Conditions
14. Matching Funds. Grantee shall provide Matching Funds, it required by this Agreement. If
permitted under the terms of the grant and per this Agreement, Grantee may be permitted
to provide Matching Funds prior to or during the course of the project or the match will be
an in -kind match. Grantee shall report to the State regarding the status of such funds
upon request. Grantee's obligation to pay all or any part of any Matching Funds, whether
direct or contingent, only extend to funds duly and lawfully appropriated for the purposes
of this Agreement by the authorized representatives of Grantee and paid into Grantee's
treasury or bank account. Grantee represents to the State that the amount designated
"Grantee's Matching Funds" pursuant to this Agreement, has been legally appropriated for
the purposes of this Agreement by its authorized representatives and paid into its treasury
or bank account. Grantee does not by this Agreement irrevocably pledge present cash
reserves for payments in future fiscal years, and this Agreement is not intended to create
a multiple -fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed
interest, late charges, fees, taxes or penalties of any nature, except as required by
Grantee's laws or policies.
15. Reimbursement of Grantee Costs. If applicable, the State shall reimburse Grantee's
allowable costs, not exceeding the maximum total amount described in this Agreement for
all allowable costs described in the grant except that Grantee may adjust the amounts
between each line item of the Budget without formal modification to this Agreement as
long as the Grantee provides notice to, and received approval from the State of the
change, the change does not modify the total maximum amount of this Agreement, and
the change does not modify any requirements of the Work. If applicable, the State shalt
reimburse Grantee for the properly documented allowable costs related to the Work after
review and approval thereof, subject to the provisions of this Agreement. However, any
costs incurred by Grantee prior to the Effective Date shall not be reimbursed absent
specific allowance of pre -award costs. Grantee's costs for Work performed after the
"Service To" date identified on the face of the Small Dollar Grant Award, or after any
phase performance period end date for a respective phase of the Work, shall not be
reimbursable. The State shall only reimburse allowable costs described in this Agreement
and shown in the Budget if those costs are (a) reasonable and necessary to accomplish the
Work, and (b) equal to the actual net cost to Grantee (i.e. the price paid minus any items
of value received by Grantee that reduce the costs actually incurred).
16. Close -Out. Grantee shall close out this Award within 45 days after the "Service To" date
identified on the face of the Small Dollar Grant Award, including any modifications. To
complete close-out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Agreement and Grantee's final reimbursement request
or invoice. In accordance with the Agreement, the State may withhold a percentage of
State of Colorado Small Dollar Grant Award Terms and Conditions
allowable costs until all final documentation has been submitted and accepted by the
State as substantially complete.
17. Assignment. Grantee's rights and obligations under this Agreement may not be transferred
or assigned without the prior, written consent of the State and execution of a new
agreement. Any attempt at assignment or transfer without such consent and new
agreement shall be void. Any assignment or transfer of Grantee's rights and obligations
approved by the State shall be subject to the provisions of this Agreement.
18. Subcontracts. Grantee shall not enter into any subcontract in connection with its
obligations under this Agreement without the prior, written approval of the State.
Grantee shall submit to the State a copy of each subcontract upon request by the State.
All subcontracts entered into by Grantee in connection with this Agreement shall comply
with all applicable federal and state laws and regulations, shall provide that they are
governed by the laws of the State of Colorado, and shall be subject to all provisions of this
Agreement.
19.Severability. The invalidity or unenforceability of any provision of this Agreement shall
not affect the validity or enforceability of any other provision of this Agreement, which
shall remain in full force and effect, provided that the Parties can continue to perform
their obligations in accordance with the intent of the Agreement.
20. Survival of Certain Agreement Terms. Any provision of this Agreement that imposes an
obligation on a party after termination or expiration of the Agreement shall survive the
termination or expiration of the Agreement and shall be enforceable by the other party.
21. Third Party Beneficiaries. Except for the parties' respective successors and assigns, this
Agreement does not and is not intended to confer any rights or remedies upon any person
or entity other than the Parties. Enforcement of this Agreement and all rights and
obligations hereunder are reserved solely to the parties. Any services or benefits which
third parties receive as a result of this Agreement are incidental to the Agreement, and do
not create any rights for such third parties.
22. Waiver. A party's failure or delay in exercising any right, power, or privilege under this
Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor
shall any single or partial exercise of any right, power, or privilege preclude any other or
further exercise of such right, power, or privilege.
23. Indemnification. [Not Applicable to Inter -governmental agreements] Grantee shall
indemnify, save, and hold harmless the State, its employees, agents and assignees (the
"Indemnified Parties"), against any and all costs, expenses, claims, damages, liabilities,
court awards and other amounts (including attorneys' fees and related costs) incurred by
State of Colorado Small Dollar Grant Award Terms and Conditions
any of the Indemnified Parties in relation to any act or omission by Grantee, or its
employees, agents, Subcontractors, or assignees in connection with this Agreement. This
shall include, without limitation, any and all costs, expenses, claims, damages, liabilities,
court awards and other amounts incurred by the Indemnified Parties in relation to any
claim that any work infringes a patent, copyright, trademark, trade secret, or any other
intellectual property right or any claim for loss or improper disclosure of any confidential
information or personally identifiable information. If Grantee is a public agency prohibited
by applicable law from indemnifying any party, then this section shall not apply.
24. Notice. All notices given under this Agreement shall be in writing, and shall be delivered
to the contacts for each party listed on the face of the Small Dollar Grant Award. Either
party may change its contact or contact information by notice submitted in accordance
with this section without a formal modification to this Agreement.
25. Insurance. Except as otherwise specifically stated in this Agreement or any attachment or
exhibit to this Agreement, Grantee shall obtain and maintain insurance as specified in this
section at all times during the term of the Agreement: (a) workers' compensation
insurance as required by state statute, and employers' liability insurance covering all
Grantee employees acting within the course and scope of their employment, (b)
Commercial general liability insurance written on an Insurance Services Office occurrence
form, covering premises operations, fire damage, independent contractors, products and
completed operations, blanket contractual liability, personal injury, and advertising
liability with minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general
aggregate; $1,000,000 products and completed operations aggregate; and $50,000 any
one fire, and (c) Automobile liability insurance covering any auto (including owned, hired
and non -owned autos) with a minimum limit of $1,000,000 each accident combined single
limit. If Grantee will or may have access to any protected information, then Grantee shall
also obtain and maintain insurance covering loss and disclosure of protected information
and claims based on alleged violations of privacy right through improper use and
disclosure of protected information with limits of $1,000,000 each occurrence and
$1,000,000 general aggregate at all times during the term of the Small Dollar Grant Award.
Additional insurance may be required as provided elsewhere in this Agreement or any
attachment or exhibit to this Agreement. All insurance policies required by this Agreement
shall be issued by insurance companies with an AM Best rating of A -VIII or better. If
Grantee is a public agency within the meaning of the Colorado Governmental Immunity
Act, then this section shall not apply and Grantee shall instead comply with the Colorado
Governmental Immunity Act.
State of Colorado Small Dollar Grant Award Terms and Conditions
26.Termination Prior to Grantee Acceptance. If Grantee has not begun performance under
this Agreement, the State may cancel this Agreement by providing written notice to the
Grantee.
27. Termination for Cause. If Grantee refuses or fails to timely and properly perform any of
its obligations under this Agreement with such diligence as will ensure its completion
within the time specified in this Agreement, the State may notify Grantee in writing of
non-performance and, if not corrected by Grantee within the time specified in the notice,
terminate Grantee's right to proceed with the Agreement or such part thereof as to which
there has been delay or a failure. Grantee shall continue performance of this Agreement
to the extent not terminated. Grantee shall be liable for excess costs incurred by the
State in procuring similar Work and the State may withhold such amounts, as the State
deems necessary. If after rejection, revocation, or other termination of Grantee's right to
proceed under the Colorado Uniform Commercial Code (CUCC) or this clause, the State
determines for any reason that Grantee was not in default or the delay was excusable, the
rights and obligations of the State and Grantee shall be the same as if the notice of
termination had been issued pursuant to termination under §28.
28.Termination in Public Interest. The State is entering into this Agreement for the purpose
of carrying out the public interest of the State, as determined by its Governor, General
Assembly, Courts, or Federal Awarding Agency. If this Agreement ceases to further the
public interest of the State as determined by its Governor, General Assembly, Courts, or
Federal Awarding Agency, the State, in its sole discretion, may terminate this Agreement
in whole or in part and such termination shall not be deemed to be a breach of the State's
obligations hereunder. This section shall not apply to a termination for cause, which shall
be governed by §27. A determination that this Small Dollar Grant Award should be
terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. The State shall give written notice of termination to Grantee specifying the
part of the Agreement terminated and when termination becomes effective. Upon receipt
of notice of termination, Grantee shall not incur further obligations except as necessary to
mitigate costs of performance. The State shall pay the Agreement price or rate for Work
performed and accepted by State prior to the effective date of the notice of termination.
The State's termination liability under this section shall not exceed the total Agreement
price.
29.Termination for Funds Availability. The State is prohibited by law from making
commitments beyond the term of the current State Fiscal Year. Payment to Grantee
beyond the current State Fiscal Year is contingent on the appropriation and continuing
availability of Grant Funds in any subsequent year (as provided in the Colorado Special
Provisions). If federal funds or funds from any other non -State funds constitute all or some
State of Colorado Small Dollar Grant Award Terms and Conditions
of the Grant Funds, the State's obligation to pay Grantee shall be contingent upon such
non -State funding continuing to be made available for payment. Payments to be made
pursuant to this Agreement shall be made only from Grant Funds, and the State's liability
for such payments shall be limited to the amount remaining of such Grant Funds. If State,
federal or other funds are not appropriated, or otherwise become unavailable to fund this
Agreement, the State may, upon written notice, terminate this Agreement, in whole or in
part, without incurring further liability. The State shall, however, remain obligated to pay
for Work performed and accepted prior to the effective date of notice of termination, and
this termination shall otherwise be treated as if this Agreement were terminated in the
public interest as described in §28.
30. Grantee's Termination Under Federal Requirements. If the Grant Funds include any
federal funds, then Grantee may request termination of this Grant by sending notice to
the State, or to the Federal Awarding Agency with a copy to the State, which includes the
reasons for the termination and the effective date of the termination. If this Grant is
terminated in this manner, then Grantee shall return any advanced payments made for
Work that will not be performed prior to the effective date of the termination.
31. Governmental Immunity. Liability for claims for injuries to persons or property arising
from the negligence of the State, its departments, boards, commissions committees,
bureaus, offices, employees and officials shall be controlled and limited by the provisions
of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., the Federal Tort
Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk
management statutes, CRS §§24-30-1501, et seq. No term or condition of this Agreement
shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
32. Grant Recipient. Grantee shall perform its duties hereunder as a grant recipient and not
as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed
to be an agent or employee of the State. Grantee shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding, except as
expressly set forth herein. Grantee and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the
State shall not pay for or otherwise provide such coverage for Grantee or any of its agents
or employees. Grantee shall pay when due all applicable employment taxes and income
taxes and local head taxes incurred pursuant to this Agreement. Grantee shall (a) provide
and keep in force workers' compensation and unemployment compensation insurance in
the amounts required by law, (b) provide proof thereof when requested by the State, and
(c) be solely responsible for its acts and those of its employees and agents.
State of Colorado Small Dollar Grant Award Terms and Conditions
33. Compliance with Law. Grantee shall comply with all applicable federal and State laws,
rules, and regulations in effect or hereafter established, including, without limitation,
laws applicable to discrimination and unfair employment practices.
34. Choice of Law, Jurisdiction and Venue. [Not Applicable to Inter -governmental
agreements] Colorado law, and rules and regulations issued pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws,
rules, and regulations shall be null and void. All suits or actions related to this Agreement
shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in
the City and County of Denver. Any provision incorporated herein by reference which
purports to negate this or any other provision in this Agreement in whole or in part shall
not be valid or enforceable or available in any action at law, whether by way of complaint,
defense, or otherwise. Any provision rendered null and void by the operation of this
provision or for any other reason shall not invalidate the remainder of this Agreement, to
the extent capable of execution. Grantee shall exhaust administrative remedies in CRS
524-109-106, prior to commencing any judicial action against the State regardless of
whether the Colorado Procurement Code applies to this Agreement.
35. Prohibited Terms. Nothing in this Agreement shalt be construed as a waiver of any
provision of CRS 524-106-109. Any term included in this Agreement that requires the State
to indemnify or hold Grantee harmless; requires the State to agree to binding arbitration;
limits Grantee's liability for damages resulting from death, bodily injury, or damage to
tangible property; or that conflicts with that statute in any way shall be void ab initio.
36. Public Contracts for Services. [Not Applicable to offer, issuance, or sale of securities,
investment advisory services, fund management services, sponsored projects,
intergovernmental grant agreements, or information technology services or products and
services] Grantee certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this Agreement and will
confirm the employment eligibility of all employees who are newly hired for employment
in the United States to perform work under this Agreement, through participation in the E -
Verify Program or the Department program established pursuant to CRS 58-17.5- 102(5)(c),
Grantee shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement or enter into a contract or agreement with a Subcontractor that
fails to certify to Grantee that the Subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. Grantee shall (a) not use E -
Verify Program or Department program procedures to undertake pre- employment
screening of job applicants during performance of this Agreement, (b) notify Subcontractor
and the State within three days if Grantee has actual knowledge that Subcontractor is
State of Colorado Small Dollar Grant Award Terms and Conditions
employing or contracting with an illegal alien for work under this Agreement, (c)
terminate the subcontract if Subcontractor does not stop employing or contracting with
the illegal alien within three days of receiving notice, and (d) comply with reasonable
requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-
102(5), by the Colorado Department of Labor and Employment. If Grantee participates in
the Department program, Grantee shall deliver to the State a written, notarized
affirmation that Grantee has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Department program. If Grantee fails to
comply with any requirement of this provision or CRS §8-17.5-101 et seq., the State may
terminate this Agreement for breach and, if so terminated, Grantee shall be liable for
damages.
37. Public Contracts with Natural Persons. Grantee, if a natural person 18 years of age or
older, hereby swears and affirms under penalty of perjury that the person (a) is a citizen
or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply
with the provisions of CRS §24-76.5-101 et seq., and (c) has produced a form of
identification required by CRS §24-76.5-103 prior to the date Grantee begins Work under
terms of the Agreement.
38. Whistle Blower Protections. An employee of a grantee must not be discharged, demoted,
or otherwise discriminated against as a reprisal for disclosing to a person or body
described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably
believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste
of Federal funds, an abuse of authority relating to a Federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a Federal contract (including the competition for or negotiation of a
contract) or grant. The subrecipient must inform their employees in writing of employee
whistleblower rights and protections under 41 U.S.C. 4712. See statutory requirements for
whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and 10
U.S.C. 4310.
State of Colorado Small Dollar Grant Award Terms and Conditions
ADDENDUM 1:
Additional Terms Et Conditions for Information Technology
IF ANY PART OF THE SUBJECT MATTER OF THIS AGREEMENT IS INFORMATION TECHNOLOGY,
AS DEFINED IN CRS § 24-37.5-102 (2), THE FOLLOWING PROVISIONS ALSO APPLY TO THIS
AGREEMENT.
A. Definitions. The following terms shall be construed and interpreted as follows: (a) "CJI"
means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including, without limitation, all
information defined as criminal justice information by the U.S. Department of Justice,
Federal Bureau of Investigation, Criminal Justice Information Services Security Policy, as
amended, and all Criminal Justice Records as defined under CRS §24-72-302; (b)
"Incident" means any accidental or deliberate event that results in or constitutes an
imminent threat of the unauthorized access, loss, disclosure, modification, disruption,
or destruction of any communications or information resources of the State, pursuant to
CRS §§24-37.5-401 et seq.; (c) "PCI" means payment card information including any
data related to credit card holders' names, credit card numbers, or the other credit
card information as may be protected by state or federal law; (d) "PHI" means any
protected health information, including, without limitation any information whether
oral or recorded in any form or medium that relates to the past, present or future
physical or mental condition of an individual; the provision of health care to an
individual; or the past, present or future payment for the provision of health care to an
individual; and that identifies the individual or with respect to which there is a
reasonable basis to believe the information can be used to identify the individual
including, without limitation, any information defined as Individually Identifiable Health
Information by the federal Health Insurance Portability and Accountability Act; (e) "PII"
means personally identifiable information including, without limitation, any information
maintained by the State about an individual that can be used to distinguish or trace an
individual's identity, such as name, social security number, date and place of birth,
mother's maiden name, or biometric records, including, without limitation, all
information defined as personally identifiable information in CRS §24-72-501; (f) "State
Confidential Information" means any and all State Records not subject to disclosure
State of Colorado Small Dollar Grant Award Terms and Conditions
under the Colorado Open Records Act and includes, without limitation, PII, PHI, PCI, Tax
Information, CJI, and State personnel records not subject to disclosure under the
Colorado Open Records Act, (g) "State Fiscal Rules" means those fiscal rules
promulgated by the Colorado State Controller pursuant to CRS 524-30-202(13)(a); (h)
"State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year
and ending on June 30 of the following calendar year; (i) "State Records" means any
and all State data, information, and records, regardless of physical form; (j) "Tax
Information" means federal and State of Colorado tax information including, without
limitation, federal and State tax returns, return information, and such other tax -related
information as may be protected by federal and State law and regulation, including,
without limitation all information defined as federal tax information in Internal Revenue
Service Publication 1075; and (k) "Work Product' means the tangible and intangible
results of the delivery of goods and performance of services, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents,
text, software (including source code), research, reports, proposals, specifications,
plans, notes, studies, data, images, photographs, negatives, pictures, drawings,
designs, models, surveys, maps, materials, ideas, concepts, know-how, information,
and any other results of the Work, but does not include any material that was
developed prior to the Effective Date that is used, without modification, in the
performance of the Work.
B. Intellectual Property. Except to the extent specifically provided elsewhere in this
Agreement, any State information, including without limitation pre-existing State
software, research, reports, studies, data, photographs, negatives or other documents,
drawings, models, materials; or Work Product prepared by Grantee in the performance
of its obligations under this Agreement shall be tfie exclusive property of the State
(collectively, "State Materials"). All State Materials shall be delivered to the State by
Grantee upon completion or termination of this Agreement. The State's exclusive rights
in any Work Product prepared by Grantee shall include, but not be limited to, the right
to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use,
willingly allow, cause or permit any State Materials to be used for any purpose other
than the performance of Grantee's obligations hereunder without the prior written
consent of the State. The State shall maintain complete and accurate records relating
State of Colorado Small Dollar Grant Award Terms and Conditions
to (a) its use of all Grantee and third party software licenses and rights to use any
Grantee or third party software granted under this Agreement and its attachments to
which the State is a party and (b) all amounts payable to Grantee pursuant to this
Agreement and its attachments and the State's obligations under this Agreement or any
amounts payable to Grantee in relation to this Agreement, which records shall contain
sufficient information to permit Grantee to confirm the State's compliance with the use
restrictions and payment obligations under this Agreement or to any third party use
restrictions to which the State is a party. Grantee retains the exclusive rights, title and
ownership to any and all pre-existing materials owned or licensed to Grantee including,
but not limited to all pre-existing software, licensed products, associated source code,
machine code, text images, audio, video, and third -party materials, delivered by Grantee
under the Agreement, whether incorporated in a deliverable or necessary to use a
deliverable (collectively, "Grantee Property"). Grantee Property shall be licensed to
the State as set forth in a State -approved license agreement (a) entered into as exhibits
or attachments to this Agreement, (b) obtained by the State from the applicable third -
party Grantee, or (c) in the case of open source software, the license terms set forth in
the applicable open source license agreement. Notwithstanding anything to the contrary
herein, the State shall not be subject to any provision incorporated in any exhibit or
attachment attached hereto, any provision incorporated in any terms and conditions
appearing on any website, any provision incorporated into any click through or online
agreements, or any provision incorporated into any other document or agreement
between the parties that (a) requires the State or the State to indemnify Grantee or any
other party, (b) is in violation of State laws, regulations, rules, State Fiscal Rules,
policies, or other State requirements as deemed solely by the State, or (c) is contrary to
this Agreement.
C. Information Confidentiality. Grantee shall keep confidential, and cause all
Subcontractors to keep confidential, all State Records, unless those State Records are
publicly available. Grantee shall not, without prior written approval of the State, use,
publish, copy, disclose to any third party, or permit the use by any third party of any
State Records, except as otherwise stated in this Agreement, permitted by law, or
approved in writing by the State. If Grantee wilt or may have access to any State
Confidential Information or any other protected information, Grantee shall provide for
State of Colorado Small Dollar Grant Award Terms and Conditions
the security of all State Confidential Information in accordance with all applicable
laws, rules, policies, publications, and guidelines. Grantee shall comply with all
Colorado Office of Information Security ("O15") policies and procedures which OIS has
issued pursuant to CRS S§24- 37.5-401 through 406 and 8 CCR §1501-5 and posted at
http://oit.state.co.us/ois, all information security and privacy obligations imposed by
any federal, state, or local statute or regulation, or by any industry standards or
guidelines, as applicable based on the classification of the data relevant to Grantee's
performance under this Agreement. Such obligations may arise from: Health
Information Portability and Accountability Act (HIPAA); IRS Publication 1075; Payment
Card Industry Data Security Standard (PCI-DSS); FBI Criminal Justice Information
Service Security Addendum; Centers for Medicare a Medicaid Services (CMS) Minimum
Acceptable Risk Standards for Exchanges; and Electronic Information Exchange Security
Requirements and Procedures for State and Local Agencies Exchanging Electronic
Information with The Social Security Administration. Grantee shall immediately
forward any request or demand for State Records to the State's principal
representative.
D. Other Entity Access and Nondisclosure Agreements. Grantee may provide State
Records to its agents, employees, assigns and Subcontractors as necessary to perform
the work, but shall restrict access to State Confidential Information to those agents,
employees, assigns, and Subcontractors who require access to perform their obligations
under this Agreement. Grantee shall ensure all such agents, employees, assigns, and
Subcontractors sign agreements containing nondisclosure provisions at least as
protective as those in this Agreement, and that the nondisclosure provisions are in force
at all times the agent, employee, assign, or Subcontractors has access to any State
Confidential Information. Grantee shall provide copies of those signed nondisclosure
provisions to the State upon execution of the nondisclosure provisions if requested by
the State.
E. Use, Security, and Retention. Grantee shall use, hold, and maintain State Confidential
Information in compliance with any and all applicable laws and regulations only in
facilities located within the United States, and shall maintain a secure environment that
ensures confidentiality of all State Confidential Information. Grantee shall provide the
State with access, subject to Grantee's reasonable security requirements, for purposes
State of Colorado Small Dollar Grant Award Terms and Conditions
of inspecting and monitoring access and use of State Confidential Information and
evaluating security control effectiveness. Upon the expiration or termination of this
Agreement, Grantee shall return State Records provided to Grantee or destroy such
State Records and certify to the State that it has done so, as directed by the State. If
Grantee is prevented by law or regulation from returning or destroying State Confidential
Information, Grantee warrants it will guarantee the confidentiality of, and cease to use,
such State Confidential Information.
F. Incident Notice and Remediation. If Grantee becomes aware of any Incident, it shall
notify the State immediately and cooperate with the State regarding recovery,
remediation, and the necessity to involve law enforcement, as determined by the State.
Unless Grantee can establish none of Grantee or any of its agents, employees, assigns or
Subcontractors are the cause or source of the Incident, Grantee shall be responsible for
the cost of notifying each person who may have been impacted by the Incident. After an
Incident, Grantee shall take steps to reduce the risk of incurring a similar type of
Incident in the future as directed by the State, which may include, but is not limited to,
developing and implementing a remediation plan that is approved by the State at no
additional cost to the State. The State may adjust or direct modifications to this plan,
in its sole discretion and Grantee shall make all modifications as directed by the State. If
Grantee cannot produce its analysis and plan within the allotted time, the State, in its
sole discretion, may perform such analysis and produce a remediation plan, and
Grantee shall reimburse the State for the reasonable actual costs thereof.
G. Data Protection and Handling. Grantee shall ensure that all State Records and Work
Product in the possession of Grantee or any Subcontractors are protected and handled
in accordance with the requirements of this Agreement at all times. Upon request by
the State made any time prior to 60 days following the termination of this Agreement
for any reason, whether or not this Agreement is expiring or terminating, Grantee shall
make available to the State a complete and secure download file of all data that is
encrypted and appropriately authenticated. This download file shall be made available
to the State within 10 Business Days following the State's request, and shall contain,
without limitation, all State Records, Work Product, and any other information
belonging to the State. Upon the termination of Grantee's services under this
Agreement, Grantee shall, as directed by the State, return all State Records provided
State of Colorado Small Dollar Grant Award Terms and Conditions
by the State to Grantee, and the copies thereof, to the State or destroy all such State
Records and certify to the State that it has done so. If legal obligations imposed upon
Grantee prevent Grantee from returning or destroying all or part of the State Records
provided by the State, Grantee shall guarantee the confidentiality of all State Records
in Grantee's possession and will not actively process such data. The State retains the
right to use the established operational services to access and retrieve State Records
stored on Grantee's infrastructure at its sole discretion and at any time.
H. Compliance. If applicable, Grantee shall review, on a semi-annual basis, all OIS policies
and procedures which OIS has promulgated pursuant to CRS §§ 24-37.5-401 through 406
and 8 CCR § 1501-5 and posted at http://oit.state.co.us/ois, to ensure compliance with
the standards and guidelines published therein. Grantee shall cooperate, and shall cause
its Subcontractors to cooperate, with the performance of security audit and penetration
tests by OIS or its designee.
I. Safeguarding PII. If Grantee or any of its Subcontractors will or may receive PII under
this Agreement, Grantee shall provide for the security of such PII, in a manner and form
acceptable to the State, including, without limitation, all State requirements relating to
non -disclosure, use of appropriate technology, security practices, computer access
security, data access security, data storage encryption, data transmission encryption,
security inspections, and audits. Grantee shall take full responsibility for the security of
all PII in its possession or in the possession of its Subcontractors, and shall hold the State
harmless for any damages or liabilities resulting from the unauthorized disclosure or loss
thereof. Grantee shall be a "Third -Party Service Provider" as defined in CRS §24-73-
103(1)(i) and shall maintain security procedures and practices consistent with CRS §§24-
73-101 et seq.
J. Software Piracy Prohibition. The State or other public funds payable under this
Agreement shall not be used for the acquisition, operation, or maintenance of computer
software in violation of federal copyright laws or applicable licensing restrictions.
Grantee hereby certifies and warrants that, during the term of this Agreement and any
extensions, Grantee has and shall maintain in place appropriate systems and controls to
prevent such improper use of public funds. If the State determines that Grantee is in
violation of this provision, the State may exercise any remedy available at law or in
State of Colorado Small Dollar Grant Award Terms and Conditions
equity or under this Agreement, including, without limitation, immediate termination of
this Agreement and any remedy consistent with federal copyright laws or applicable
licensing restrictions.
K. Information Technology. To the extent that Grantee provides physical or logical
storage of State Records; Grantee creates, uses, processes, discloses, transmits, or
disposes of State Records; or Grantee is otherwise given physical or logical access to
State Records in order to perform Grantee's obligations under this Agreement, the
following terms shall apply. Grantee shall, and shall cause its Subcontractors, to:
Provide physical and logical protection for all hardware, software, applications, and
data that meets or exceeds industry standards and the requirements of this Agreement;
Maintain network, system, and application security, which includes, but is not limited to,
network firewalls, intrusion detection (host and network), annual security testing, and
improvements or enhancements consistent with evolving industry standards; Comply
with State and federal rules and regulations related to overall security, privacy,
confidentiality, integrity, availability, and auditing; Provide that security is not
compromised by unauthorized access to workspaces, computers, networks, software,
databases, or other physical or electronic environments; Promptly report all Incidents,
including Incidents that do not result in unauthorized disclosure or loss of data integrity,
to a designated representative of the OIS; Comply with all rules, policies, procedures,
and standards issued by the Governor's Office of Information Technology (OIT),
including project lifecycle methodology and governance, technical standards,
documentation, and other requirements posted at www.oit.state.co.us/about/policies.
Grantee shall not allow remote access to State Records from outside the United States,
including access by Grantee's employees or agents, without the prior express written
consent of 015. Grantee shall communicate any request regarding non-U.S. access to
State Records to the State. The State, acting by and through OIS, shall have sole
discretion to grant or deny any such request.
State of Colorado Small Dollar Grant Award Terms and Conditions
Insert Name
Insert Title
Insert Agency Name
Insert Agency Address
City, CO ZipCode
Insert Full Date
Re: Grant Award ##XXX##XXX Modification Notification
Dear Insert Last Name,
This letter is to inform you that your award C
Grant Program is modified from the origir
The modification for this letter is acc.
This modification includes:
Year Insert l'rant Program Name
Small Dollar Grant Award (SDGA).
fied Statement of Work (SOW).
1. The period of performance for is odific on is extended from the Original
Expiration date of asert Full Da. to Expiration date of Insert Full Date.
2. The Increase
$00,000.00 (fundin
or Both Funds) as out
For question
Program, plea
Name (###) #1
managing this gr
ull
M Title
Color do De ment of Public Safety
Divisio meland Security and Emergency Management
in the
Lindjustment of the award amount of
.00 of Federal, and $00,000.00 of State, Local
hed Statement of Work (SOW)_
rding your SDG e Insert Year Insert Grant Program Name Grant
isert Name ##) bP#-#o## or Email Addresscstate.co.us, or Insert
Ac1-1,,,ss@state.co.us and thank you for your assistance in
CC: File
State of Colorado Small Dollar Grant Award Terms and Conditions
STATE OF COLORADO
SMALL DOLLAR GRANT AWARD (SDGA) MODIFICATION
STATEMENT OF WORK
State Agency
Department of Public Safety, Division of Homeland
Security and Emergency Management
Grantee
Board of County Commissioners of [County Name]
County
Grantee UEI
XXXabcXXXz 12
Agreement Number
YYxxxYYxxxx
1. FEDERAL AWARD INFORMATION
Federal Award ID # (FAIN)
AWARD No.
Federal Award Date
Month dd, YYYY
Federal Awarding Agency
ex.: DHS / FEMA
2. GRANT AUTHORIT
A. Federal Autho y
into the Agreement;
B. State Authority: to enter trant exists in CRS §24-1-128.6.
Agreement Performanc
Month dd, YYYY
Current Agreeme
Month dd, YYYY
Current Agreement Maxi
$00,000.
tion
Curr cement Match Amo
$00,
fisting (CF
ram Name
3. GENE
3.1. Pro
multi
requir
in their
ng Date
he Award is for R&D:
ex i in the Briefly describe the Authority to enter
TION OF PROJECT(S).
le Text Only - Grantee will hire a contractor to complete a
s_ sis for XXX County. The analysis will meet all FEMA's
s. Subr: pient will execute and complete the projects as specified and outlined
roved Insert Appropriate Reference.
'ect I nses. Project expenses include the costs to Sample Text Only - hire the
do to complete the project as described in this §3 Statement of Work (SOW). All
eh le expenses are listed in the budget agreement amount table of §9 of this SOW.
.3. -Federal Match: This non-federal match section applies to or does not apply to this
Grant. If it applies, this Grant requires a non-federal match contribution of Number% of the
total Grant budget. Documentation of expenditures for the non-federal match contribution
is required with each drawdown request. If applicable the match may or may not include
in -kind match.
State of Colorado Small Dollar Grant Award Terms and Conditions
4. PRINCIPAL REPRESENTATIVES
For the State:
Name, Title
Department of Public Safety,
Division of Homeland Security &
Emergency Management
8000 South Chester Street, Suite 575
Centennial, CO 80112
Name.Name@state.co.us
For Grantee:
Name, Title
Agency Name
Physical Address
Mailing or PO Address
City, CO ZIP Code
Email Address
5. ADMINISTRATIVE REQUIREMENTS:
5.1. The Grantee must request approval in advance foi
using the forms and procedures established b
Division of Homeland Security and E►ner
5.2. Required Documentation: Grante
documentation on site for inspectio
orders, receiving documents,
time and effort reports.
5.2.1 Sufficient detail shall b
to this Gr:' Ag►lrement,
ent of .lic Safety,
ement
all proc , t and payment
ude, but not . limited to, purchase
quipment/services identification, and
ent requests to demonstrate that
expenses are allowable a a. a as d ►ied below:
5.2.2 Equip angible , ds. ' ° questing reimbursement for equipment
item ore ding $5,000, and a useful life of more than
one year, t a ide a unique identifying number for the equipment,
with a copy o Grantee oice and proof of payment. The unique identifying
number can be tanufacturer's serial number or, if the Grantee has its own
ng inventory nu ing system, that number may be used. The location of the
1 als+ •e provided. In addition to ongoing tracking requirements,
e that equipment items with per unit cost of $5,000 or more are
rked in a manner similar to the following:
•chased with funds provided by the U.S. Department of Homeland Security.
.3 S = s. Grantees shall include contract/purchase order number(s) or employee
s, the date(s) the services were provided and the nature of the services.
Supplanting Requirement: Grantees receiving federal financial assistance awards
e under programs that prohibit supplanting by law must ensure that federal funds do
of replace (supplant) funds that have been budgeted for the same purpose through non-
federal sources.
5.4. Procurement: A Grantee shall ensure its procurement policies meet or exceed local, state,
and federal requirements. Grantees should refer to local, state, and federal guidance prior
to making decisions regarding competitive bids, sole source or other procurement issues.
State of Colorado Small Dollar Grant Award Terms and Conditions
In addition:
5.4.1 Any sole source transaction in excess of $100,000 shall be approved in advance by
the DHSEM.
5.4.2 Grantees shall ensure that: (a) All procurement transactions, whe
competitively bid, and without regard to dollar value, are co
that provides maximum open and free competition; (b)
organizational conflicts of interest and/or non-compe
contractors that may restrict or eliminate competition or otherwise
Contractors who develop or draft specifications, uirements, state
and/or Requests for Proposals (RFPs) for a pr . procurement shall b
from bidding or submitting a proposal e for the and such
procurement; and (d) Any request fore. _ •lion r -c within ► ubsection
shall be submitted in writing to, and . by th ized ntee official.
5.4.3 Grantee shall verify Contractor'_ re not ' ed from . ' ation in state and
federal programs by reviewi . r : rment inform on on SAM.gov.
5.4.4 When issuing request +r propo . solicitations, and other published
documents describin _ or prog de • in whole or in part with these
grant funds, Grantee a . s. tees shat following phrase in the request
listing:
"This pr, . was supp d b YxxxYYxxxx, issued by the Colorado
Divisio a Sec ; y an gency Management."
5.4.5 Grantee s' . is o duties exercised under this grant, or equipment
purchased w rant ''"' o aving a purchase value of $5,000 or more, are
assigned withou ` . rior written consent of the DHSEM.
otiated or
manner
rt to
5.5. A ; dministrative , irements:
5.5. ucti• , guidance, limitations, terms and conditions, scope of work,
ns set forth in the Notice of Funding Opportunity (NOFO) and
ward (NOA) for this federal award are incorporated by reference.
also DHS Standard Terms and Conditions.
G s of FEMA financial assistance for programs that are subject to the Build
A -Ica, Buy America Act (BAt3AA) must include a Buy America preference
contract 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.
5.5.3 All applicant agencies that own resources currently covered by the Colorado
Resource Typing Standards must agree to participate in the State's Emergency
Resource Inventory Report and update their information on a quarterly basis.
State of Colorado Small Dollar Grant Award Terms and Conditions
5.5.4 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 Evalu Program
(HSEEP), and must be National Incident Management System ( ) mpliant.
6. REPORTING REQUIREMENTS:
6.1. The project(s) approved in this Grant are to be completed on or be ore : Lion date
stated on the agreement's Grant Award Letter of this grant agreement. Gra I subm
quarterly progress reports for each project identified i is agreement us
provided by the DHSEM throughout the life of the
Grantee shall submit narrative and financial reports •'ng project ogress and
accomplishments, and/or any delays in meeti obje d expel ires, to date
as described in this §6.
Reports shall be submitted in accord dule table . ' . The order of the
reporting period quarters below is ' elev: ant. Reports for the respective period
are due on or before the due da ted below ; rant is open during the "report period"
time, and for every quarter th
Report l'ei ci
, December due January 30`h
6.2. Ft Grantee sh: ubmit final progress reports that provide final financial
roc • c . ulative grant/project accomplishments within 45 days of the
end period of performance. The final report may not include
unliqu • obliga . s and must indicate the exact balance of unobligated funds. The final
reports substitute for the quarterly reports for the final quarter of the grant period.
I1 proj are completed before the end of the grant period, the final report may be
'itte• " t any time during the period of performance. Further reports are not due after
HSEM has received, and sent notice of acceptance, of the final grant report.
7. Y►' T:
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 §6.l of this SOW.
State of Colorado Small Dollar Grant Award Terms and Conditions
All requests shall be for eligible actual expenses incurred by Grantee, and as described in
detail in the budget table(s) in §9 of this SOW. Requests shall be accompanied by
supporting documentation totaling at least the amount requested for reimbursement and any
required non-federal match contribution as outlined in §3.3 of this SOW.
If any progress reports are delinquent at the time of a payment request D EM may
withhold such reimbursement until the required reports have been su
7.2. Payment Amount: If non-federal match is required, such match
every payment request. Excess match documented and submitted with o
request shall be applied to subsequent requests as neces ary to maximize
reimbursement.
8. TESTING AND ACCEPTANCE CRITERIA:
The DHSEM shall evaluate Project(s) through the of .ubmitte• ancial and
progress reports, and may also conduct on -site dete • et + c Grantee is
meeting/has met the performance goals, admin ve stan s, financi. Cement, and other
requirements of this grant. The DHSEM wil te' advance of s on -site monitoring.
9. BUDGET AGREEMENT AMOUN BLE:
The following budget table contains for the c
grant award.
d/or project activities for this
Project Activity/Line It of
re
Local Share
Total Project
Planning
` 00, II
$ 000,000.00
S 000,000.00
Equipment
00,01 . I 1
$ 000,000.00
$ 000,000.00
Training
0,000.00
$ 000,000.00
$ 000,000.00
Exercise
$ I ► 1,000.00
$ 000,000.00
$ 000,000.00
PRO ITY SUBTOTAL
- 000,000.00
$ 000,000.00
$ 000,000.00
Management
$ 000,000.00
$ 000,000.00
$ 000,000.00
TOTAL AWARD Otis
$ 000,000.00
$ 000,000.00
$ 000,000.00
ODIFICA
Any changes re. t by the Grantee, or by the DHSEM, shall be made in writing. The DHSEM,
'th an . e discretion, can modify this agreement and shall notify Grantee in writing
odification outlining any changes to this agreement with a modified SOW, and
with an Acceptance Letter of Modification for the Grantee to sign as approval of such
/or modifications.
n returning the Acceptance Letter of Modification, or further drawdowns of funds by the
Grnice after notification of modification is made in writing by the DHSEM, will the modifications
be deemed accepted by the Grantee in accordance with §3 of the attached Terms and Conditions
of this Small Dollar Grant Award (SDGA). Examples of the modification notification letter,
modified SOW, and Acceptance Letter of Modification are included.
SDGA Grant Federal Provisions
1. Applicability of Provisions.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in
part, with an Award of Federal funds. In the event of a conflict between the provisions of
these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments
or exhibits incorporated into and made a part of the Grant, the provisions of these Federal
Provisions shall control.
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. For a full list of definitions (as of October 1, 2024) under the
Uniform Guidance, see 2 CFR 200.1.
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 non-profit organization or for-profit organization;
2.1.3. "Executive" means an officer, managing partner or any other employee in a
management position.
2.1.4. "Federal Awarding Agency" means a Federal agency providing a Federal Award
to a Recipient as described in 2 CFR 200.1
2.1.5. "Grant" means the Grant to which these Federal Provisions are attached.
2.1.6. "Grantee" means the party or parties identified as such in the Grant to which
these Federal Provisions are attached. Grantee also means Subrecipient.
2.1.7. "Non -Federal Entity" means a State, local government, Indian tribe, institution of
higher education, or nonprofit organization that carries out a Federal Award as a
Recipient or a Subrecipient.
2.1.8. "Nonprofit Organization" organization, 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 organization's
operations; and
2.1.8.4 Is not anlHE.
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SDGA Grant Federal Provisions
2.1.9. "OMB" means the Executive Office of the President, Office of Management and
Budget.
2.1.10. "Pass -through Entity" means a recipient or subrecipient that provides a Subaward
to a Subrecipient (including lower tier subrecipients) to carry out part of a Federal
program. The authority of the pass -through entity under this part flows through
the Subaward agreements between the pass -through entity and subrecipient.
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 provided by a pass -through entity to a Subrecipient
to contribute to the goals and objectives of the project by carrying out part of a
Federal award received by the pass -through entity. The term does not include
payments to a contractor, beneficiary or participant.
2.1.13. "Subrecipient" means an entity that receives a subaward from a pass -through
entity to carry out part of a Federal award. The term subrecipient does not
include a beneficiary or participant. A subrecipient may also be a recipient of
other Federal awards directly from a Federal agency. Subrecipient also means
Grantee.
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 SAM.gov.
2.1.15. "Total Compensation" means the cash and noncash dollar value an Executive
earns during the entity's preceding fiscal year. This includes all items of
compensation as prescribed in 17 CFR 229.402(c)(2).
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" (UEI) is the universal identifier for federal financial
assistance applicants, as well as recipients and their direct subrecipients (first tier
subrecipients).
2.1.18. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards. The terms and conditions of the Uniform Guidance flow down
to Awards to Subrecipients unless the Uniform Guidance or the terms and
conditions of the Federal Award specifically indicate otherwise.
3. Compliance.
3.1. Subrecipient shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and
all applicable Federal Laws and regulations required by this Federal Award. Any revisions
to such provisions or regulations shall automatically become a part of these Federal
Provisions, without the necessity of either party executing any further instrument. The
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SDGA Grant Federal Provisions
State of Colorado, at its discretion, may provide written notification to Subrecipient of
such revisions, but such notice shall not be a condition precedent to the effectiveness of
such revisions.
4. System for Award Management (SAM) and Unique Entity ID Requirements.
4.1. SAM. Subrecipient must obtain a UEI but are not required to fully register in SAM.I;ov.
Subrecipient shall maintain the currency of its information in SAM until the Subrecipient
submits the final financial report required under the Award or receives final payment,
whichever is later. Subrecipient shall review and update SAM information at least
annually after the initial registration, and more frequently if required by changes in its
information.
4.2. Unique Entity ID. Subrecipient shall provide its Unique Entity ID to its Recipient, and
shall update Subrecipient's information at SAM.Pov at least annually after the initial
registration, and more frequently if required by changes in Subrecipient's information.
5. Total Compensation.
5.1. Subrecipient shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more;
and
5.1.2. In the preceding fiscal year, Subrecipient received:
5.1.2.1 80% or more of its annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act; and
5.1.2.2 $25,000,000 or more in annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal financial
assistance Awards or Subawards subject to the Transparency Act; and
5.1.2.3 The public does not have access to information about the
compensation of such Executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of
1986.
6. Reporting.
6.1. Pursuant to the Transparency Act, Subrecipient shall report data elements to SAM and to
the Recipient as required in this Exhibit. No direct payment shall be made to Subrecipient
for providing any reports required under these Federal Provisions and the cost of producing
such reports shall be included in the Grant price. The reporting requirements in this
Exhibit are based on guidance from the OMB, and as such are subject to change at any
time by OMB. Any such changes shall be automatically incorporated into this Grant and
shall become part of Subrecipient's obligations under this Grant.
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SDGA Grant Federal Provisions
7. Effective Date and Dollar Threshold for Reporting.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent
Award modifications result in a total Award of $30,000 or more, the Award is subject to
the reporting requirements as of the date the Award exceeds $30,000. If the initial Award
is $30,000 or more, but funding is subsequently de -obligated such that the total award
amount falls below $30,000, the Award shall continue to be subject to the reporting
requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Recipient
as of December 26, 2015. The standards set forth in §11 below are applicable to audits of
fiscal years beginning on or after December 26, 2014.
8. Subrecipient Reporting Requirements.
8.1. Subrecipient shall report as set forth below.
8.1.1. To Recipient. The Recipient must report the following Subrecipient data
elements for each Federal Award Identification Number (FAIN) assigned by a
Federal agency 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 Subrecipient's Total Compensation
of top 5 most highly compensated Executives if the criteria in §4
above met.
8.1.2. To Recipient. A Subrecipient shall report to its Recipient, upon the effective date
of the Grant, the following data elements:
8.1.2.1 Subrecipient's Unique Entity ID as registered in SAM.
8.1.2.2 Primary Place of Performance Information, including: Street Address,
City, State, Country, Zip code + 4, and Congressional District.
9. Procurement Standards.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable
regulations, provided that the procurements conform to applicable Federal law and the
standards identified in the Uniform Guidance, including without limitation, 2 CFR 200.318
through 200.327 thereof.
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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 during the period of performance, are
performed outside the United States and its territories, and are in support of a contingency
operation in which members of the Armed Forces are actively engaged in hostilities.
9.5. Prohibition on certain telecommunications and video surveillance equipment or services (2
CFR 200.216). Subrecipient is prohibited from obligating or expending loan or grant funds
on certain telecommunications and video surveillance services or equipment pursuant to 2
CFR 200.216.
10. Access to Records.
10.1. A Subrecipient shall permit Recipient and its auditors to have access to Subrecipient's
records and financial statements as necessary for Recipient to meet the requirements of 2
CFR 200.332 (Requirements for pass -through entities), 2 CFR 200.300 (Statutory and
national policy requirements) through 2 CFR 200.309 (Modification to period of
performance), 2 CFR 200.337 (Access to Records) and Subpart F -Audit Requirements of
the Uniform Guidance.
10.2. A Subrecipient must collect, transmit, and store information related to this Subaward in
open and machine-readable formats (2 CFR 200.336).
11. Single Audit Requirements.
11.1. If a Subrecipient expends $1,000,000 or more in Federal Awards during the Subrecipient's
fiscal year, the Subrecipient shall procure or arrange for a single or program -specific audit
conducted for that year in accordance with the provisions of Subpart F -Audit
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Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act
Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have
a program -specific audit conducted in accordance with 2 CFR 200.507 (Program -
specific audits). The Subrecipient may elect to have a program -specific audit if
Subrecipient expends Federal Awards under only one Federal program
(excluding research and development) and the Federal program's statutes,
regulations, or the terms and conditions of the Federal award do not require a
financial statement audit of Recipient. A program -specific audit may not be
elected for research and development unless all of the Federal Awards expended
were received from Recipient and Recipient approves in advance a program -
specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $1,000,000 in Federal Awards
during its fiscal year, the Subrecipient shall be exempt from Federal audit
requirements for that year, except as noted in 2 CFR 200.503 (Relation to other
audit requirements), but records shall be available for review or audit by
appropriate officials of the Federal agency, the State, and the Government
Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or
otherwise arrange for the audit required by Subpart F of the Uniform Guidance
and ensure it is properly performed and submitted when due in accordance with
the Uniform Guidance. Subrecipient shall prepare appropriate financial
statements, including the schedule of expenditures of Federal awards in
accordance with 2 CFR 200.510 (Financial statements) and provide the auditor
with access to personnel, accounts, books, records, supporting documentation,
and other information as needed for the auditor to perform the audit required by
Uniform Guidance Subpart F -Audit Requirements.
12. Required Provisions for Subrecipient with Subcontractors.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Recipient,
Subrecipients shall include all of the following applicable provisions;
12.1.1. For agreements with Subrecipients — Include the terms in the Grant Federal
Provisions Exhibit (this exhibit)
12.1.2. For contracts with Subcontractors — Include the terms in the Contract Federal
Provisions Exhibit.
13. Certifications.
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to
submit certifications and representations required by Federal statutes or regulations on an
annual basis. 2 CFR 200.415. Submission may be required more frequently if
Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in
writing to the State at the end of the Award that the project or activity was completed or
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the level of effort was expended. If the required level of activity or effort was not carried
out, the amount of the Award must be adjusted.
14. Exemptions.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate
in his or her name.
14.2. A Subrecipient with gross income from all sources of less than $300,000 in the previous
tax year is exempt from the requirements to report Subawards and the Total Compensation
of its most highly compensated Executives.
15. Event of Default and Termination.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under
the Grant and the State of Colorado may terminate the Grant upon 30 days prior written
notice if the default remains uncured five calendar days following the termination of the
30 -day notice period. This remedy will be in addition to any other remedy available to the
State of Colorado under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part
as follows:
15.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal Entity
fails to comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass -through Entity 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;
15.2.3. By the Non -Federal Entity upon sending to the Federal Awarding Agency or
Pass -through Entity written notification setting forth the reasons for such
termination, the effective date, and, in the case of partial termination, the portion
to be terminated. However, if the Federal Awarding Agency or Pass -through
Entity determines in the case of partial termination that the reduced or modified
portion of the Federal Award or Subaward will not accomplish the purposes for
which the Federal Award was made, the Federal Awarding Agency or Pass -
through Entity may terminate the Federal Award in its entirety; or
15.2.4. By the Federal Awarding Agency or Pass -through Entity pursuant to termination
provisions included in the Federal Award
16. Additional Federal Requirements.
16.1. Whistle Blower Protections
16.1.1. An employee of a subrecipient must not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing to a person or body described in
paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably
believes is evidence of gross mismanagement of a Federal contract or grant, a
gross waste of Federal funds, an abuse of authority relating to a Federal contract
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or grant, a substantial and specific danger to public health or safety, or a violation
of law, rule, or regulation related to a Federal contract (including the competition
for or negotiation of a contract) or grant. The subrecipient must inform their
employees in writing of employee whistleblower rights and protections under 41
U.S.C. 4712. See statutory requirements for whistleblower protections at 10
U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and 10 U.S.C. 4310.
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Contract Form
Entity Information
Entity Name* Entity ID*
DEPARTMENT OF HOMELAND @00028683
SECURITY
Contract Name*
GRANT FOR THE BUILDING RESILIENT
INFRASTRUCTURE AND COMMUNITIES
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
9050
Contract Lead *
GMARQUEZ
Contract Lead Email
gmarquez@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
THIS AWARD IS FOR THE PURPOSE OF HIRING A CONTRACTOR TO HELP US THROUGH THE PROCESS OF THE
COMPLETING THE PLAN UPDATE AND APPROVAL PROCESS WITH THE STATE AND FEMA.
Contract Description 2
Contract Type* Department
CONTRACT OEM
Amount* Department Email
$100,579.00 CM-OEM@weld.gov
Renewable* Department Head Email
NO CM-OEM-
DeptHead@weld.gov
Automatic Renewal
Grant
IGA
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 01/19/2025
01/23/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date*
12/30/2025
Committed Delivery Date
Renewal Date
Expiration Date*
01/30/2026
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
ROY RUDISILL
DH Approved Date
01/23/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
02/03/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
01/24/2025 01/24/2025
Tyler Ref #
AG 020325
Originator
GMARQUEZ
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