HomeMy WebLinkAbout20222838.tiffSc
K. James, Chair
teve Moreno
Lori Saine
RESOLUTION
RE: APPROVE LETTER OF ACCEPTANCE FOR 2022-2023 HAZARDOUS MATERIALS
EMERGENCY PREPAREDNESS (HMEP) GRANT 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 2022-2023
Hazardous Materials Emergency Preparedness (HMEP) Grant 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, with further terms and conditions being as
stated in said letter of acceptance, and
WHEREAS, after review, the Board deems it advisable to approve said letter of
acceptance, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Letter of Acceptance for the 2022-2023 Hazardous Materials
Emergency Preparedness (HMEP) Grant 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, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said letter of acceptance.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of October, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: ddticAds)�',%�
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPR
County Attorney
Date of signature: 1(7/20/2-2
cc:OEM(RR), ! cTCcP/co)
‘42/27 /22
2022-2838
EM0020
/V i'3K7
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
Attachments:
Roy Rudisill
Tuesday, October 4, 2022 11:10 AM
CTB
Cheryl Pattelli; Chris D'Ovidio
FW: Supplemental Agreement clarification on budget table
HMEP 2021-22_Weld County LEPC_22HMP23WELD-2_POGG1 2023-2372_Acceptance
Letter.pdf
Good morning, attached is the Acceptance Letter for the 2022 Supplemental HMEP Grant application we submitted in
June. This funding is to support the Training and Exercise Coordinator for OEM. There is no requirement for signature as
this is supplemental funding under our current Grant with the State under contract number 5569.
Please let me know if you need any additional information.
Roy Rudisill, Director
Office of Emergency Management
1150 O St. Greeley, Co
970-381-0417 Mobile
970-304-6540 Office
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Cannon - CDPS, Larisa <larisa.cannon@state.co.us>
Sent: Tuesday, October 4, 2022 9:23 AM
To: Roy Rudisill <rrudisill@weldgov.com>
Subject: Re: Supplemental Agreement - clarification on budget table
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good morning Roy,
Small Dollar Grant Awards can either have an acceptance letter, or you simply start
working and spending the grant funds, as acceptance of the award in the view of the
State.
2022-2838
1
10/12) CM a)12,0
If you would feel better having signed an acceptance letter, I am happy to make it part
of your award file? Sometimes it isn't about what the State is accepting and accustomed
to, but how the subrecipient's, and their executive leaders, feel about the process.
Let me know what you would like to do! Attached is the acceptance letter for you, just
in case!
Larisa Cannon
System Administrator (EMGrants Pro)
HMEP Grant £t DHSEM Agreements Specialist
COLORADO
a.
Division of Homeland Security
& Emergency Management
Department of Public Safety
Office Mobile 303.913.6280 II Fax 720.852.6768
8000 S. Chester Street. Suite 575. Centennial, CO 80112
Larisa.Cannon@state.co.us I www.dhsem.state.co.us I I https://co.emgrants.com/
"Ifs do
ricult to get a man to understand something when his salary depends on not understanding it. "
Updton Sinclair
On Mon, Oct 3, 2022 at 8:06 AM Roy Rudisill <rrudisill@weldgov.com>wrote:
Good morning Larisa, I guess one question I have is will we need to sign an additional acceptance letter for this award?
Roy Rudisill, Director
Office of Emergency Management
1150 O St. Greeley, Co
970-381-0417 Mobile
970-304-6540 Office
2
COLORADO
Division of Homeland Security
& Emergency Management
Department of Public Safety
Office of Grants Management
8000 South Chester Street, Suite 575
Centennial, CO 80112
Letter of Acceptance
July 26, 2022
22HMP23WELD-2
Weld County 2022 Hazardous Materials Emergency Preparedness
This letter serves as notification and acceptance of the Small Dollar Grant Agreement (SDGA) for the 2022
Hazardous Materials Emergency Preparedness in the amount of S 127,879.00 (funding sources: 5102.303.20 of
Federal, and $25,575.80 of Local funds) 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.
By (Printed Name): Scott K. James
Title:
Chair, Board of Weld County Commissioners
Date:
COLORADO
Department of Public Safety
*Signature
OCT 1 22022
700 Kipling Street, Lakewood, CO 80215 I www.colorado.Rov/publicsafety
Jared Polls, Governor I Stan Hilkey, Executive Director
0202 -ic38`
STATE OF COLORADO
Department of Public Safety
Page of 1
• RDER
.****IMPORTANT*****
Number: POGG1,RFAA,202300002372
Date: 9/29/22
Description:
Weld County - 22HMP23WELD-2 - NEW
Effective Date: 07/01/22
Ex a iration Date: 12/29/23
The order number and line number must appear on all
invoices, packing slips, cartons, and correspondence.
:ILL TO
DIVISION OF HOMELAND SECURITY
9195 E MINERAL AVE. SUITE 200
CENTENNIAL, CO 80112
• UYER
HIP TO
Buyer:
Email:
DIVISION OF HOMELAND SECURITY
9195 E MINERAL AVE. SUITE 200
CENTENNIAL, CO 80112
VENDOR
WELD COUNTY
Emergency Management
1150 0 St
Greeley, CO 80632
Contact: Roy Rudisill, OEM Director
Phone: 1
SHIPPING INSTRUCTIONS
Delivery/Install Date:
FOB:
VENDOR INSTRUCTIONS
XTENDED DESCRIPTION
9/29/2022 - Weld County - 22HMP23WELD-2 - NEW
in ;Item Commodity/Item Code A UO1VI
QTY Unit Cost
0 0.00
Total Cost
$102,303.20
M. 12 q..
D
G1000
Description: Grant Commodity - Federal
Actual expiration date is 9/29/2023
Service From: 07/01/22 Service To: 12/29/23
TERMS AND CONDITIONS
https://www.colorado.gov/osc/purchase-order-terms-conditions
DOCUMENT TOTAL = $102303.20
ISO
COLORADO
Division of Homeland Security
& Emergency ,Management
Department of Public Safety
Office of Grants Management
8000 South Chester Street, Suite 575
Centennial, CO 80112
Roy Rudisill
Weld County, OEM Director
Weld County
1150 O Street, PO Box 7585
Greeley, CO 80632
July 26, 2022
Re: 2022 Hazardous Materials Emergency Preparedness Grant Award 22HMP23WELD-2
Dear Mr. Rudisill,
The Colorado Division of Homeland Security & Emergency Management (DHSEM) is pleased to inform you that
your application for funding pursuant to the 2022 Hazardous Materials Emergency Preparedness grant program
is approved in the amount of $ 127,879.00 (funding sources: $102,303.20 of Federal, and $25.575.80 of Local
funds). Project funding award is based on the project description provided in the application and outlined in the
following table:
Category
Federal Shure
(80%)
Non -Federal
Share (20% min)
Total Budget
(100%)
Salaries
$ 70,739.51
$ 17,684.88
$ 88,424.39
Fringe Benefits
$ 31,563.69
$ 7,890.92
$ 39,454.61
TOTAL GRANT AWA f'':
$ 102,303.20
$ 25,575.80
$ 127,879.00
DHSEM will issue a completed Small Dollar Grant Award (SDGA) with terms and conditions for your grant award
and files. The period of performance for the Insert Grant Name SDGA is from July 1, 2022 to September 29,
2023. All requests for reimbursements must cover work completed, or expenditures claimed, within this period of
performance as outlined in the Statement of Work.
For questions regarding your SDGA or the 2022 Hazardous Materials Emergency Preparedness grant program,
please feel free to contact me at (303) ,913-6280 or Larisa.Cannon(clistate.co.us if you have further questions
regarding the agreement process. Thank you for your assistance in managing this grant award.
Sincerely,
Larisa Cannon
DHSEM Grant Specialist IV
Colorado Department of Public Safety
Division of Homeland Security and Emergency Management
CC: File
S 700 Kipling Street, Lakewood, CO 80215 I www.colorado.gov/publicsafety
CDP5
Jared Polis, Governor I Stan Hilkey, Executive Director
COLORADO
Department of Public Safety
STATEMENT OF WORK
State Agency
Department of Public Safety
Grant Amount
$102,303.20
Grantee
Local Match Amount
Board of County Commissioners of Weld County
$25,575.80
Grantee UEI
Grant Issuance Date
MKKXT9U9MTV5
July 1, 2022
Small Dollar Grant Agreement Number:
Grant Expiration Date
Encumbrance #: 22HMP23WELD-2
September 29, 2023
Federal Award Identification #,(FAIN): 693JK31940006HMEP
Federal Award Date September 29, 2021
Grant Authority
Name of Federal Awarding Agency DOT / PHMSA
Federal Authority to enter into this Grant exists under the
Assistance Listing (CFDA): 20.703
49 U.S.C. § 5116 and is governed by program regulations in
Hazardous Materials Emergency Preparedness
49 Code of Federal Regulations (CFR) part 110 and Federal
Identification if the Award is for R&D: No
grants administration regulations at 2 CFR part 200. Fixing
America's Surface Transportation (FAST) Act (signed
12/04/2015) into law (Public Law No: 114-94) reauthorized
the HMEP Grant Program
State Authority: to enter this Grant exists in CRS §24-1-
128.6.
1. GENERAL DESCRIPTION OF THE PROJECT(S).
1.1 Project Description. Increase State, Territorial, Tribal, and local effectiveness in safely and efficiently
handling hazardous materials incidents, enhance implementation of the Emergency Planning and
Community Right -to -Know Ad of 1986 (EPCRA), and encourage a comprehensive approach to
emergency training and planning by incorporating the unique challenges of responses to transportation
situations. Weld County's Local Emergency Planning Committee, Office of Emergency Management
(LEPC/OEM) will carry -out and work diligently to execute and complete the project activities as
specified and outlined in their approved supplemental HMEP Grant Application.
1.2 Project Expenses. Project expenses include the costs to support an employee as described in §1.1 of
this Statement of Work (SOW). All eligible expenses are listed in the budget agreement amount table
of §7 of this SOW.
1.3 Non -Federal Match: This non-federal match section applies to this Grant. If it applies, this Grant
requires a non-federal match contribution of 20 % of the total Grant budget. Documentation of
expenditures for the non-federal match contribution is required with each drawdown request. If
applicable the match may include in -kind match.
2. PRINCIPAL REPRESENTATIVES:
For the State:
Larisa Cannon, HMEP Grant & Agreements Specialist
Department of Public Safety,
Division of Homeland Security & Emergency Management
8000 South Chester Street, Suite 575
Centennial, CO 80112
Larisa.Cannon@state.co.us
For Grantee:
Roy Rudisill, OEM Director
Weld County OEM
1150 O Street, PO Box 7585
Greeley, CO 80632
rrudisill@weldgov.com
HMEP 2022
Encumbrance # 22HMP23WELD-2
Page 1 of 4 Statement of Work
STATEMENT OF WORK (coNT.)
3. ADMINISTRATIVE REQUIREMENTS:
3.1 The Grantee must request approval in advance for any change to this Grant Agreement, using the forms
and procedures established by the Colorado Department of Public Safety, Division of Homeland
Security and Emergency Management (DHSEM).
3.2 Required Documentation: Grantees shall retain all procurement and payment documentation on site
for inspection. This shall include, but not be limited to, purchase orders, receiving documents, invoices,
vouchers, equipment/services identification, and time and effort reports.
Sufficient detail shall be provided with reimbursement requests to demonstrate that expenses are
allowable and appropriate as detailed below:
3.3 Equipment or tangible goods. When requesting reimbursement for equipment items with a purchase
price of or exceeding $5,000, and a useful life of more than one year, the Grantee shall provide a unique
identifying number for the equipment, with a copy of the Grantee's invoice and proof of payment. The
unique identifying number can be the manufacturer's serial number or, if the Grantee has its own
existing inventory numbering system, that number may be used. The location of the equipment shall
also be provided. In addition to ongoing tracking requirements, Grantee shall ensure that equipment
items with per unit cost of $5,000 or more are prominently marked in a manner similar to the following:
Purchased with funds provided by the U.S. Department of Homeland Security.
3.3.1 Services. Grantees shall include contract/purchase order number(s) or employee names, the
date(s) the services were provided and the nature of the services.
3.4 Non -Supplanting Requirement: Grantees receiving federal financial assistance awards made under
programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds
that have been budgeted for the same purpose through non-federal sources.
3.5 Procurement: A Grantee shall ensure its procurement policies meet or exceed local, state, and federal
requirements. Grantees should refer to local, state, and federal guidance prior to making decisions
regarding competitive bids, sole source or other procurement issues. In addition:
3.5.1 Any sole source transaction in excess of $100,000 shall be approved in advance by the DHSEM.
3.5.2 Grantees shall ensure that: (a) All procurement transactions, whether negotiated or
competitively bid, and without regard to dollar value, are conducted in a manner that provides
maximum open and free competition; (b) Grantee shall be alert to organizational conflicts of
interest and/or non-competitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade; (c) Contractors who develop or draft specifications,
requirements, statements of work, and/or Requests for Proposals (RFPs) for a proposed
procurement shall be excluded from bidding or submitting a proposal to compete for the award
of such procurement; and (d) Any request for exemption of item a -c within this subsection shall
be submitted in writing to, and be approved by the authorized Grantee official.
3.5.3 Grantee shall verify Contractor(s) is/are not debarred from participation in state and federal
programs by reviewing contractor debarment information on http://www.sam.gov.
3.5.4 When issuing requests for proposals, bid solicitations, and other published documents
describing projects or programs funded in whole or in part with these grant funds, Grantee and
Subgrantees shall use the following phrase in the request listing:
"This project was supported by grant #22HMP23WELD-2, issued by the Colorado Division of
Homeland Security and Emergency Management."
HMEP 2022
Encumbrance # 22HMP23WELD-2
Page 2 of 4 Statement of Work
STATEMENT OF WORK (coNT.)
3.5.5 Grantee shall ensure that no rights or duties exercised under this grant, or equipment purchased
with Grant Funds having a purchase value of $5,000 or more, are assigned without the prior
written consent of the DHSEM.
3.6 Additional Administrative Requirements:
3.6.1 All applicant agencies that own resources currently covered by the Colorado Resource Typing
Standards must agree to participate in the State's Emergency Resource Inventory Report and
update their information on a quarterly basis.
3.6.2 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.
4. REPORTING REQUIREMENTS:
4.1 Quarterly Progress Reports. The project(s) approved in this Grant are to be completed on or before
the termination date stated on the agreement's Grant Award Letter of this grant agreement. Grantee
shall submit quarterly progress reports for each project identified in this agreement using the format
provided by the Department of Public Safety's Division of Homeland Security and Emergency
Management (DHSEM) throughout the life of the grant.
Grantee shall submit narrative and financial reports describing project progress and accomplishments,
and/or any delays in meeting project objectives and expenditures, to date as described in §4 of this
Exhibit A.
Reports shall be submitted in accordance with the schedule table below. The order of the reporting
period quarters below is irrelevant to the grant. Reports for the respective period are due on or before
the due dates listed below if the grant is open during the "report period" time, and for every quarter that
the grant remains open.
Report Period
Due Date
October — December
January 15
January March
April 15'
April — June
July 15
July - September
October 15
4.2 Final Reports: Grantee shall submit final progress reports that provide final financial reconciliation
and final cumulative grant/project accomplishments within 45 days of the end of the project/grant period
of performance. The final report may not include unliquidated obligations and must indicate the exact
balance of unobligated funds. The final reports may substitute for the quarterly reports for the final
quarter of the grant period.
If all projects are completed before the end of the grant period, the final report may be submitted at any
time during the period of performance. Further reports are not due after the DHSEM has received, and
sent notice of acceptance, of the final grant report.
5. PAYMENT:
5.1 Payment Schedule: Grantee shall submit requests for reimbursement using the DHSEM's provided
form, submission preference, and quarterly at minimum. One original or electronically signed/submitted
HMEP 2022
Encumbrance # 22HMP23 WELD -2
Page 3 of 4 Statement of Work
STATEMENT OF WORK (cONT.)
copy of the reimbursement request is due on the same dates as the required progress reports outlined in
§4.1 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 §7 of this SOW. Requests shall be accompanied by supporting documentation totaling
at least the amount requested for reimbursement and any required non-federal match contribution as
outlined in §1.3 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.
5.2 Payment Amount: If non-federal match is required, such match shall be documented with every
payment request. Excess match documented and submitted with one reimbursement request shall be
applied to subsequent requests as necessary to maximize the allowable reimbursement.
6. TESTING AND ACCEPTANCE CRITERIA:
The DHSEM shall evaluate Project(s) through the review of Grantee submitted financial and progress reports,
and may also conduct on -site monitoring to determine whether the Grantee is meeting/has met the.
performance goals, administrative standards, financial management, and other requirements of this grant. The
DHSEM will notify Grantee in advance of such on -site monitoring.
7. BUDGET AGREEMENT AMOUNT TABLE:
Project Activity/Category
Federal Share
Local Share
TOTAL Project
Salaries
$ 70,739.51
$ 17,684.88
$ 88,424.39
Fringe Benefits
$ 31,563.69
$ 7,890.92
$ 39,454.61
TOTAL BUDGET
$ 102,303.20 S 25,575.80
$ 127,879.00
TOTALAWARDAMOUNT
$ 102,303.20
HMEP 2022
Encumbrance # 22HMP23WELD-2
Page 4 of 4 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.
4. Definitions. The following terms shall be construed and interpreted as follows: (a) "Award"
means an award by a Recipient to a Subrecipient; (b) "Budget" means the budget for the Work
described in this Agreement; (c) "Business Day" means any day in which the State is open and
conducting business, but shall not include Saturday, Sunday or any day on which the State
observes one of the holidays listed in CRS §24-11-101(1); (d) "UCC" means the Uniform
Commercial Code in CRS Title 4; (e) "Effective Date" means the date on which this Agreement
is issued as shown on the face of the Small Dollar Grant Award; (f) "Federal Award" means an
award of federal financial assistance or a cost -reimbursement contract, , by a Federal Awarding
Agency to the Recipient. "Federal Award" also means an agreement setting forth the terms and
conditions of the Federal Award, which terms and conditions shall flow down to the Award unless
such terms and conditions specifically indicate otherwise. The term does not include payments to
a vendor or payments to an individual that is a beneficiary of a Federal program; (g) "Federal
Awarding Agency" means a Federal agency providing a Federal Award to a Recipient; (h) "Grant
Funds" means the funds that have been appropriated, designated, encumbered, or otherwise
made available for payment by the State under this Agreement; (i) "Matching Funds" mean the
funds provided by the Grantee to meet cost sharing requirements described in this Agreement; (j)
"Recipient" means the State agency identified on the face of the Small Dollar Grant Award; (k)
"Subcontractor" means third parties, if any, engaged by Grantee to aid in performance of the
Page 1 of 8
Effective Date: 7/1/2022
State of Colorado Small Dollar Grant Award Terms and Conditions
Work; (I) "Subrecipient" means a non -Federal entity that receives a sub -award from a Recipient
to carry out part of a program, but does not include an individual that is a beneficiary of such
program; (m) "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
identified as the 2 C.F.R. (Code of Federal Regulations) Part 200, commonly known as the "Super
Circular," which supersedes requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89,
A-102, and A-133, and the guidance in Circular a-50 on Single Audit Act follow-up; and (n) "Work"
means the goods delivered or services, or both, performed pursuant to this Agreement and
identified as Line Items on the face of the Small Dollar Grant Award.
5. Delivery. Grantee shall furnish the Work in strict accordance with the specifications and price
set forth in this Agreement. The State shall have no liability to compensate Grantee for the
performance of any Work not specifically set forth in the Agreement.
6. Rights to Materials. [Not Applicable to Agreements issued either in whole in part for
Information Technology, as defined in CRS § 24-37.5-102(2); in which case Addendum 1 §2
applies in lieu of this section.] Unless specifically stated otherwise in this Agreement, all
materials, including without limitation supplies, equipment, documents, content, information, or
other material of any type, whether tangible or intangible (collectively "Materials"), furnished by
the State to Grantee or delivered by Grantee to the State in performance of its obligations under
this Agreement shall be the exclusive property the State. Grantee shall return or deliver all
Materials to the State upon completion or termination of this Agreement.
7. Grantee Records. Grantee shall make, keep, maintain, and allow inspection and monitoring
by the State of a complete file of all records, documents, communications, notes and other written
materials, electronic media files, and communications, pertaining in any manner to the Work
(including, but not limited to the operation of programs) performed under this Agreement
(collectively "Grantee Records"). Unless otherwise specified by the State, the Grantee shall retain
Grantee Records for a period (the "Record Retention Period") of three years following the date of
submission to the State of the final expenditure report, or if this Award is renewed quarterly or
annually, from the date of the submission of each quarterly or annual report, respectively. If any
litigation, claim, or audit related to this Award starts before expiration of the Record Retention
Period, the Record Retention Period shall extend until all litigation, claims or audit finding have
been resolved and final action taken by the State or Federal Awarding Agency. The Federal
Awarding Agency, a cognizant agency for audit, oversight, or indirect costs, and the State, may
notify Grantee in writing that the Record Retention Period shall be extended. For records for real
property and equipment, the Record Retention Period shall extend three years following final
disposition of such property. Grantee shall permit the State, the federal government, and any
other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy
and transcribe Grantee Records during the Record Retention Period. Grantee shall make Grantee
Records available during normal business hours at Grantee's office or place of business, or at
other mutually agreed upon times or locations, upon no fewer than two Business Days' notice
from the State, unless the State determines that a shorter period of notice, or no notice, is
necessary to protect the interests of the State. The State, in its discretion, may monitor Grantee's
performance of its obligations under this Agreement using procedures as determined by the State.
The federal government and any other duly authorized agent of a governmental agency, in its
discretion, Grantee shall allow the State 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
Page 2 of 8
Effective Date: 7/1/2022
State of Colorado Small Dollar Grant Award Terms and Conditions
during the term of this Agreement. The State will monitor Grantee's performance in a manner that
does not unduly interfere with Grantee's performance of the Work. Grantee shall promptly submit
to the State a copy of any final audit report of an audit performed on Grantee Records that relates
to or affects this Agreement or the Work, whether the audit is conducted by Grantee, a State
agency or the State's authorized representative, or a third party. If applicable, the Grantee may
be required to perform a single audit under 2 CFR 200.501, et seq. Grantee shall submit a copy
of the results of that audit to the State within the same timelines as the submission to the federal
government.
8. Reporting. If Grantee is served with a pleading or other document in connection with an action
before a court or other administrative decision -making body, and such pleading or document
relates to this Agreement or may affect Grantee's ability to perform its obligations under this
Agreement, Grantee shall, within 10 days after being served, notify the State of such action and
deliver copies of such pleading or document to the State. Grantee shall disclose, in a timely
manner, in writing to the State and the Federal Awarding Agency, all violations of federal or State
criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award. The
State or the Federal Awarding Agency may impose any penalties for noncompliance allowed
under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or
debarment.
9. Conflicts of Interest. Grantee acknowledges that with respect to this Agreement, even the
appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior
written approval, Grantee shall refrain from any practices, activities, or relationships that
reasonably may appear to be in conflict with the full performance of Grantee's obligations to the
State under this Agreement. If a conflict or appearance of a conflict of interest exists, or if Grantee
is uncertain as to such, Grantee shall submit to the State a disclosure statement setting forth the
relevant details for the State's consideration. Failure to promptly submit a disclosure statement or
to follow the State's direction in regard to the actual or apparent conflict constitutes a breach of
this Agreement. Grantee certifies that to their knowledge: no employee of the State has any
personal or beneficial interest whatsoever in the service or property described in this Agreement.
Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in
any manner or degree with the performance of Grantee's Services and Grantee shall not employ
any person having such known interests. Grantee acknowledges that all State employees are
subject to the ethical principles described in §24-18-105, C.R.S. Grantee further acknowledges
that State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to
this Grant.
10.Taxes. The State is exempt from federal excise taxes and from State and local sales and use
taxes. The State shall not be liable for the payment of any excise, sales, of use taxes imposed on
Grantee. A tax exemption certificate will be made available upon Grantee's request. Grantee shall
be solely responsible for any exemptions from the collection of excise, sales or use taxes that
Grantee may wish to have in place in connection with this Agreement.
11. Payment. Payments to Grantee are limited to the unpaid, obligated balance of the Grant
Funds. The State shall not pay Grantee any amount under this Agreement that exceeds the
Document Total shown on the face of the Small Dollar Grant Award. The State shall pay Grantee
in the amounts and in accordance with the schedule and other conditions set forth in this
Agreement. 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
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State of Colorado Small Dollar Grant Award Terms and Conditions
receipt of an Awarding Agency's approved invoicing request, or in instances of reimbursement
grant programs a request for reimbursement, compliant with Generally Accepted Accounting
Principles (GAAP) and, if applicable Government Accounting Standards Board (GASB) of amount
requested. Amounts not paid by the State within 45 days of the State's acceptance of the invoice
shall bear interest on the unpaid balance beginning on the 45th day at the rate set forth in CRS
§24-30-202(24) until paid in full. Interest shall not accrue if a good faith dispute exists as to the
State's obligation to pay all or a portion of the amount due. Grantee shall invoice the State
separately for interest on delinquent amounts due, referencing the delinquent payment, number
of day's interest to be paid, and applicable interest rate. The acceptance of an invoice shall not
constitute acceptance of any Work performed under this Agreement. Except as specifically agreed
in this Agreement, Grantee shall be solely responsible for all costs, expenses, and other charges
it incurs in connection with its performance under this Grantee.
12.Term. The parties' respective performances under this Agreement shall commence on the
"Service From" date identified on the face of the Small Dollar Grant Award, unless otherwise
specified, and shall terminate on the "Service To" date identified on the face of the Small Dollar
Grant Award unless sooner terminated in accordance with the terms of this Agreement.
13. Payment Disputes. If Grantee disputes any calculation, determination or amount of any
payment, Grantee shall notify the State in writing of its dispute within 30 days following the earlier
to occur of Grantee's receipt of the payment or notification of the determination or calculation of
the payment by the State. The State will review the information presented by Grantee and may
make changes to its determination based on this review. The calculation, determination or
payment amount that results from the State's review shall not be subject to additional dispute
under this subsection. No payment subject to a dispute under this subsection shall be due until
after the State has concluded its review, and the State shall not pay any interest on any amount
during the period it is subject to dispute under this subsection.
14. Matching Funds. Grantee shall provide Matching Funds, if required by this Agreement. If
permitted under the terms of the grant and per this Agreement, Grantee may be permitted to
provide Matching Funds prior to or during the course of the project or the match will be an in -kind
match. Grantee shall report to the State regarding the status of such funds upon request.
Grantee's obligation to pay all or any part of any Matching Funds, whether direct or contingent,
only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the
authorized representatives of Grantee and paid into Grantee's treasury or bank account. Grantee
represents to the State that the amount designated "Grantee's Matching Funds" pursuant to this
Agreement, has been legally appropriated for the purposes of this Agreement by its authorized
representatives and paid into its treasury or bank account. Grantee does not by this Agreement
irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement
is not intended to create a multiple -fiscal year debt of Grantee. Grantee shall not pay or be liable
for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required
by Grantee's laws or policies.
15. Reimbursement of Grantee Costs. If applicable, the State shall reimburse Grantee's
allowable costs, not exceeding the maximum total amount described in this Agreement for all
allowable costs described in the grant except that Grantee may adjust the amounts between each
line item of the Budget without formal modification to this Agreement as long as the Grantee
provides 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
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State of Colorado Small Dollar Grant Award Terms and Conditions
requirements of the Work. If applicable, the State shall reimburse Grantee for the properly
documented allowable costs related to the Work after review and approval thereof, subject to the
provisions of this Agreement. However, any costs incurred by Grantee prior to the Effective Date
shall not be reimbursed absent specific allowance of pre -award costs. Grantee's costs for Work
performed after the "Service To" date identified on the face of the Small Dollar Grant Award, or
after any phase performance period end date for a respective phase of the Work, shall not be
reimbursable. The State shall only reimburse allowable costs described in this Agreement and
shown in the Budget if those costs are (a) reasonable and necessary to accomplish the Work,
and (b) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value
received by Grantee that reduce the costs actually incurred).
16. Close -Out. Grantee shall close out this Award within 45 days after the "Service To" date
identified on the face of the Small Dollar Grant Award, including any modifications. To complete
close-out, Grantee shall submit to the State all deliverables (including documentation) as defined
in this Agreement and Grantee's final reimbursement request or invoice. In accordance with the
Agreement, the State may withhold a percentage of allowable costs until all final documentation
has been submitted and accepted by the State as substantially complete.
17.Assignment. Grantee's rights and obligations under this Agreement may not be transferred
or assigned without the prior, written consent of the State and execution of a new agreement. Any
attempt at assignment or transfer without such consent and new agreement shall be void. Any
assignment or transfer of Grantee's rights and obligations approved by the State shall be subject
to the provisions of this Agreement.
18. Subcontracts. Grantee shall not enter into any subcontract in connection with its obligations
under this Agreement without the prior, written approval of the State. Grantee shall submit to the
State a copy of each subcontract upon request by the State. All subcontracts entered into by
Grantee in connection with this Agreement shall comply with all applicable federal and state laws
and regulations, shall provide that they are governed by the laws of the State of Colorado, and
shall be subject to all provisions of this Agreement.
19.Severability. The invalidity or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision of this Agreement, which shall remain in
full force and effect, provided that the Parties can continue to perform their obligations in
accordance with the intent of the Agreement.
20.Survival of Certain Agreement Terms. Any provision of this Agreement that imposes an
obligation on a party after termination or expiration of the Agreement shall survive the termination
or expiration of the Agreement and shall be enforceable by the other party.
21.Third Party Beneficiaries. Except for the parties' respective successors and assigns, this
Agreement does not and is not intended to confer any rights or remedies upon any person or
entity other than the Parties. Enforcement of this Agreement and all rights and obligations
hereunder are reserved solely to the parties. Any services or benefits which third parties receive
as a result of this Agreement are incidental to the Agreement, and do not create any rights for
such third parties.
22.Waiver. A party's failure or delay in exercising any right, power, or privilege under this
Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall
any single or partial exercise of any right, power, or privilege preclude any other or further exercise
of such right, power, or privilege.
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State of Colorado Small Dollar Grant Award Terms and Conditions
23.Indemnification. [Not Applicable to Inter -governmental agreements] Grantee shall
indemnify, save, and hold harmless the State, its employees, agents and assignees (the
"Indemnified Parties"), against any and all costs, expenses, claims, damages, liabilities, court
awards and other amounts (including attorneys' fees and related costs) incurred by any of the
Indemnified Parties in relation to any act or omission by Grantee, or its employees, agents,
Subcontractors, or assignees in connection with this Agreement. This shall include, without
limitation, any and all costs, expenses, claims, damages, liabilities, court awards and other
amounts incurred by the Indemnified Parties in relation to any claim that any work infringes a
patent, copyright, trademark, trade secret, or any other intellectual property right or any claim for
loss or improper disclosure of any confidential information or personally identifiable information.
If Grantee is a public agency prohibited by applicable law from indemnifying any party, then this
section shall not apply.
24. Notice. All notices given under this Agreement shall be in writing, and shall be delivered to
the contacts for each party listed on the face of the Small Dollar Grant Award. Either party may
change its contact or contact information by notice submitted in accordance with this section
without a formal modification to this Agreement.
25. Insurance. Except as otherwise specifically stated in this Agreement or any attachment or
exhibit to this Agreement, Grantee shall obtain and maintain insurance as specified in this section
at all times during the term of the Agreement: (a) workers' compensation insurance as required
by state statute, and employers' liability insurance covering all Grantee employees acting within
the course and scope of their employment, (b) Commercial general liability insurance written on
an Insurance Services Office occurrence form, covering premises operations, fire damage,
independent vendors, products and completed operations, blanket contractual liability, personal
injury, and advertising liability with minimum limits as follows: $1,000,000 each occurrence;
$1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; and
$50,000 any one fire, and (c) Automobile liability insurance covering any auto (including owned,
hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single
limit. If Grantee will or may have access to any protected information, then Grantee shall also
obtain and maintain insurance covering loss and disclosure of protected information and claims
based on alleged violations of privacy right through improper use and disclosure of protected
information with limits of $1,000,000 each occurrence and $1,000,000 general aggregate at all
times during the term of the Small Dollar Grant Award. Additional insurance may be required as
provided elsewhere in this Agreement or any attachment or exhibit to this Agreement. All
insurance policies required by this Agreement shall be issued by insurance companies with an
AM Best rating of A -VIII or better. If Grantee is a public agency within the meaning of the Colorado
Governmental Immunity Act, then this section shall not apply and Grantee shall instead comply
with the Colorado Governmental Immunity Act.
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
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State of Colorado Small Dollar Grant Award Terms and Conditions
be liable for excess costs incurred by the State in procuring similar Work and the State may
withhold such amounts, as the State deems necessary. If after rejection, revocation, or other
termination of Grantee's right to proceed under the Colorado Uniform Commercial Code (CUCC)
or this clause, the State determines for any reason that Grantee was not in default or the delay
was excusable, the rights and obligations of the State and Grantee shall be the same as if the
notice of termination had been issued pursuant to termination under §28.
28. Termination in Public Interest. The State is entering into this Agreement for the purpose of
carrying out the public interest of the State, as determined by its Governor, General Assembly,
Courts, or Federal Awarding Agency. If this Agreement ceases to further the public interest of the
State as determined by its Governor, General Assembly, Courts, or Federal Awarding Agency,
the State, in its sole discretion, may terminate this Agreement in whole or in part and such
termination shall not be deemed to be a breach of the State's obligations hereunder. This section
shall not apply to a termination for cause, which shall be governed by §27. A determination that
this Small Dollar Grant Award should be terminated in the public interest shall not be equivalent
to a State right to terminate for convenience. The State shall give written notice of termination to
Grantee specifying the part of the Agreement terminated and when termination becomes effective.
Upon receipt of notice of termination, Grantee shall not incur further obligations except as
necessary to mitigate costs of performance. The State shall pay the Agreement price or rate for
Work performed and accepted by State prior to the effective date of the notice of termination. The
State's termination liability under this section shall not exceed the total Agreement price.
29. Termination for Funds Availability. The State is prohibited by law from making commitments
beyond the term of the current State Fiscal Year. Payment to Grantee beyond the current State
Fiscal Year is contingent on the appropriation and continuing availability of Grant Funds in any
subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from
any other non -State funds constitute all or some of the Grant Funds, the State's obligation to pay
Grantee shall be contingent upon such non -State funding continuing to be made available for
payment. Payments to be made pursuant to this Agreement shall be made only from Grant Funds,
and the State's liability for such payments shall be limited to the amount remaining of such Grant
Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to
fund this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in
part, without incurring further liability. The State shall, however, remain obligated to pay for Work
performed and accepted prior to the effective date of notice of termination, and this termination
shall otherwise be treated as if this Agreement were terminated in the public interest as described
in §28.
30. Grantee's Termination Under Federal Requirements. If the Grant Funds include any federal
funds, then Grantee may request termination of this Grant by sending notice to the State, or to
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 -
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State of Colorado Small Dollar Grant Award Terms and Conditions
1501, et seq. No term or condition of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
32.Grant Recipient. Grantee shall perform its duties hereunder as a grant recipient and not as
an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an
agent or employee of the State. Grantee shall not have authorization, express or implied, to bind
the State to any agreement, liability or understanding, except as expressly set forth herein.
Grantee and its employees and agents are not entitled to unemployment insurance or
workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head taxes
incurred pursuant to this Agreement. Grantee shall (a) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by
law, (b) provide proof thereof when requested by the State, and (c) be solely responsible
for its acts and those of its employees and agents.
33.Compliance with Law. Grantee shall comply with all applicable federal and State laws, rules,
and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
34.Choice of Law, Jurisdiction and Venue. [Not Applicable to Inter -governmental
agreements] Colorado law, and rules and regulations issued pursuant thereto, shall be applied
in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be
null and void. All suits or actions related to this Agreement shall be filed and proceedings held in
the State of Colorado and exclusive venue shall be in the City and County of Denver. Any
provision incorporated herein by reference which purports to negate this or any other provision in
this Agreement in whole or in part shall not be valid or enforceable or available in any action at
law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by
the operation of this provision or for any other reason shall not invalidate the remainder of this
Agreement, to the extent capable of execution. Grantee shall exhaust administrative remedies in
CRS §24-109-106, prior to commencing any judicial action against the State regardless of
whether the Colorado Procurement Code applies to this Agreement.
35. Prohibited Terms. Nothing in this Agreement shall be construed as a waiver of any provision
of CRS §24-106-109. Any term included in this Agreement that requires the State to indemnify or
hold Grantee harmless; requires the State to agree to binding arbitration; limits Grantee's liability
for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts
with that statute in any way shall be void ab initio.
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ADDENDUM 1:
Additional Terms & Conditions for Information Technology
IF ANY PART OF THE SUBJECT MATTER OF THIS AGREEMENT IS INFORMATION
TECHNOLOGY, AS DEFINED IN CRS § 24-37.5-102 (2), THE FOLLOWING PROVISIONS
ALSO APPLY TO THIS AGREEMENT.
A. Definitions. The following terms shall be construed and interpreted as follows: (a) "CJI"
means criminal justice information collected by criminal justice agencies needed for the
performance of their authorized functions, including, without limitation, all information defined as
criminal justice information by the U.S. Department of Justice, Federal Bureau of Investigation,
Criminal Justice Information Services Security Policy, as amended, and all Criminal Justice
Records as defined under CRS §24-72-302; (b) "Incident" means any accidental or deliberate
event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure,
modification, disruption, or destruction of any communications or information resources of the
State, pursuant to CRS §§24-37.5-401 et seq.; (c) "PCI" means payment card information
including any data related to credit card holders' names, credit card numbers, or the other credit
card information as may be protected by state or federal law; (d) "PHI" means any protected health
information, including, without limitation any information whether oral or recorded in any form or
medium that relates to the past, present or future physical or mental condition of an individual; the
provision of health care to an individual; or the past, present or future payment for the provision
of health care to an individual; and that identifies the individual or with respect to which there is a
reasonable basis to believe the information can be used to identify the individual including, without
limitation, any information defined as Individually Identifiable Health Information by the federal
Health Insurance Portability and Accountability Act; (e) "PII" means personally identifiable
information including, without limitation, any information maintained by the State about an
individual that can be used to distinguish or trace an individual's identity, such as name, social
security number, date and place of birth, mother's maiden name, or biometric records, including,
without limitation, all information defined as personally identifiable information in CRS §24-72-
501.. "PII" shall also mean "personal identifying information" as set forth at § 24-74-102, et. seq.,
C.R.S. ; (f) "State Confidential Information" means any and all State Records not subject to
disclosure under the Colorado Open Records Act and includes, without limitation, PH, PHI, PCI,
Tax Information, CJI, and State personnel records not subject to disclosure under the Colorado
Open Records Act, (g) "State Fiscal Rules" means those fiscal rules promulgated by the
Colorado State Controller pursuant to CRS §24-30-202(13)(a); (h) "State Fiscal Year" means a
12 month period beginning on July 1 of each calendar year and ending on June 30 of the following
calendar year; (i) "State Records" means any and all State data, information, and records,
regardless of physical form; (j) "Tax Information" means federal and State of Colorado tax
information including, without limitation, federal and State tax returns, return information, and such
other tax -related information as may be protected by federal and State law and regulation,
including, without limitation all information defined as federal tax information in Internal Revenue
Service Publication 1075; and (k) "Work Product" means the tangible and intangible results of
the delivery of goods and performance of services, whether finished or unfinished, including
drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, 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.
Addendum 1 - Page 1 of 5
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ADDENDUM 1:
Additional Terms & Conditions for Information Technology
B. Intellectual Property. Except to the extent specifically provided elsewhere in this Agreement,
any State information, including without limitation pre-existing State software, research, reports,
studies, data, photographs, negatives or other documents, drawings, models, materials; or Work
Product prepared by Grantee in the performance of its obligations under this Agreement shall be
the exclusive property of the State (collectively, "State Materials"). All State Materials shall be
delivered to the State by Grantee upon completion or termination of this Agreement. The State's
exclusive rights in any Work Product prepared by Grantee shall include, but not be limited to, the
right to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use,
willingly allow, cause or permit any State Materials to be used for any purpose other than the
performance of Grantee's obligations hereunder without the prior written consent of the State. The
State shall maintain complete and accurate records relating to (a) its use of all Grantee and third
party software licenses and rights to use any Grantee or third party software granted under this
Agreement and its attachments to which the State is a party and (b) all amounts payable to
Grantee pursuant to this Agreement and its attachments and the State's obligations under this
Agreement or any amounts payable to Grantee in relation to this Agreement, which records shall
contain sufficient information to permit Grantee to confirm the State's compliance with the use
restrictions and payment obligations under this Agreement or to any third party use restrictions to
which the State is a party. Grantee retains the exclusive rights, title and ownership to any and all
pre-existing materials owned or licensed to Grantee including, but not limited to all pre-existing
software, licensed products, associated source code, machine code, text images, audio, video,
and third party materials, delivered by Grantee under the Agreement, whether incorporated in a
deliverable or necessary to use a deliverable (collectively, "Grantee Property"). Grantee Property
shall be licensed to the State as set forth in a State -approved license agreement (a) entered into
as exhibits or attachments to this Agreement, (b) obtained by the State from the applicable third
party Grantee, or (c) in the case of open source software, the license terms set forth in the
applicable open source license agreement. Notwithstanding anything to the contrary herein, the
State shall not be subject to any provision incorporated in any exhibit or attachment attached
hereto, any provision incorporated in any terms and conditions appearing on any website, any
provision incorporated into any click through or online agreements, or any provision incorporated
into any other document or agreement between the parties that (a) requires the State or the State
to indemnify Grantee or any other party, (b) is in violation of State laws, regulations, rules, State
Fiscal Rules, policies, or other State requirements as deemed solely by the State, or (c) is contrary
to this Agreement.
C. Information Confidentiality. Grantee shall keep confidential, and cause all Subcontractors
to keep confidential, all State Records, unless those State Records are publicly available. Grantee
shall not, without prior written approval of the State, use, publish, copy, disclose to any third party,
or permit the use by any third party of any State Records, except as otherwise stated in this
Agreement, permitted by law, or approved in writing by the State. If Grantee will or may have
access to any State Confidential Information or any other protected information, Grantee shall
provide for the security of all State Confidential Information in accordance with all applicable laws,
rules, policies, publications, and guidelines. Grantee shall comply with all Colorado Office of
Information Security ("OIS") policies and procedures which OIS has issued pursuant to CRS §§24-
37.5-401 through 406 and 8 CCR §1501-5 and posted at https://oit.colorado.gov/standards-
policies-quides/technical-standards-policies, all information security and privacy obligations
imposed by any federal, state, or local statute or regulation, or by any industry standards or
guidelines, as applicable based on the classification of the data relevant to Grantee's performance
Addendum 1 - Page 2 of 5
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ADDENDUM 1:
Additional Terms & Conditions for Information Technology
under this Agreement. Such obligations may arise from: Health Information Portability and
Accountability Act (HIPAA); IRS Publication 1075; Payment Card Industry Data Security Standard
(PCI-DSS); FBI Criminal Justice Information Service Security Addendum; Centers for Medicare &
Medicaid Services (CMS) Minimum Acceptable Risk Standards for Exchanges; and Electronic
Information Exchange Security Requirements and Procedures for State and Local Agencies
Exchanging Electronic Information with The Social Security Administration. Grantee shall
immediately forward any request or demand for State Records to the State's principal
representative.
D. Other Entity Access and Nondisclosure Agreements. Grantee may provide State Records
to its agents, employees, assigns and Subcontractors as necessary to perform the work, but shall
restrict access to State Confidential Information to those agents, employees, assigns, and
Subcontractors who require access to perform their obligations under this Agreement. Grantee
shall ensure all such agents, employees, assigns, and Subcontractors sign agreements
containing nondisclosure provisions at least as protective as those in this Agreement, and that
the nondisclosure provisions are in force at all times the agent, employee, assign, or
Subcontractors has access to any State Confidential Information. Grantee shall provide copies of
those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions
if requested by the State.
E. Use, Security, and Retention. Grantee shall use, hold, and maintain State Confidential
Information in compliance with any and all applicable laws and regulations only in facilities located
within the United States, and shall maintain a secure environment that ensures confidentiality of
all State Confidential Information. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon the
expiration or termination of this Agreement, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed by
the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to
use, such State Confidential Information.
F. Incident Notice and Remediation. If Grantee becomes aware of any Incident, it shall notify
the State immediately and cooperate with the State regarding recovery, remediation, and the
necessity to involve law enforcement, as determined by the State. Unless Grantee can establish
none of Grantee or any of its agents, employees, assigns or Subcontractors are the cause or
source of the Incident, Grantee shall be responsible for the cost of notifying each person who may
have been impacted by the Incident. After an Incident, Grantee shall take steps to reduce the risk
of incurring a similar type of Incident in the future as directed by the State, which may include, but
is not limited to, developing and implementing a remediation plan that is approved by the State at
no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole
discretion and Grantee shall make all modifications as directed by the State. If Grantee cannot
produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform
such analysis and produce a remediation plan, and Grantee shall reimburse the State for the
reasonable actual costs thereof.
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
Addendum 1 - Page 3 of 5
Effective Date: 7/1/2022
ADDENDUM 1:
Additional Terms & Conditions for Information Technology
to 60 days following the termination of this Agreement for any reason, whether or not this
Agreement is expiring or terminating, Grantee shall make available to the State a complete and
secure download file of all data that is encrypted and appropriately authenticated. This download
file shall be made available to the State within 10 Business Days following the State's request,
and shall contain, without limitation, all State Records, Work Product, and any other information
belonging to the State. Upon the termination of Grantee's services under this Agreement, Grantee
shall, as directed by the State, return all State Records provided by the State to Grantee, and the
copies thereof, to the State or destroy all such State Records and certify to the State that it has
done so. If legal obligations imposed upon Grantee prevent Grantee from returning or destroying
all or part of the State Records provided by the State, Grantee shall guarantee the confidentiality
of all State Records in Grantee's possession and will not actively process such data. The State
retains the right to use the established operational services to access and retrieve State Records
stored on Grantee's infrastructure at its sole discretion and at any time.
H. Compliance. If applicable, Grantee shall review, on a semi-annual basis, all OIS policies and
procedures which OIS has promulgated pursuant to CRS §§ 24-37.5-401 through 406 and 8 CCR
§ 1501-5 and posted at https://oit.colorado.gov/standards-policies-guides/technical-standards-
policies, to ensure compliance with the standards and guidelines published therein. Grantee shall
cooperate, and shall cause its Subcontractors to cooperate, with the performance of security audit
and penetration tests by OIS or its designee.
I. Safeguarding PII. If Grantee or any of its Subcontractors will or may receive PII under this
Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable
to the State, including, without limitation, all State requirements relating to non -disclosure, use of
appropriate technology, security practices, computer access security, data access security, data
storage encryption, data transmission encryption, security inspections, and audits. Grantee shall
take full responsibility for the security of all PII in its possession or in the possession of its
Subcontractors, and shall hold the State harmless for any damages or liabilities resulting from the
unauthorized disclosure or loss thereof. Grantee shall be a "Third -Party Service Provider" as
defined in CRS §24-73-103(1)(i) and shall maintain security procedures and practices consistent
with CRS §§24-73-101 et seq. In addition, as set forth in § 24-74-102, et. seq., C.R.S., Vendor,
including, but not limited to, Vendor's employees, agents and Subcontractors, agrees not to share
any PII with any third parties for the purpose of investigating for, participating in, cooperating with,
or assisting with Federal immigration enforcement. If Vendor is given direct access to any State
databases containing PII, Vendor shall execute, on behalf of itself and its employees, the
certification PII Individual Certification Form or PII Entity Certification Form [Download form from
Hyperlink] on an annual basis and Vendor's duty shall continue as long as Vendor has direct
access to any State databases containing PII. If Vendor uses any Subcontractors to perform
services requiring direct access to State databases containing PII, the Vendor shall require such
Subcontractors to execute and deliver the certification to the State on an annual basis, so long as
the Subcontractor has access to State databases containing PII.
J. Software Piracy Prohibition. The State or other public funds payable under this Agreement
shall not be used for the acquisition, operation, or maintenance of computer software in violation
of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants
that, during the term of this Agreement and any extensions, Grantee has and shall maintain in
place appropriate systems and controls to prevent such improper use of public funds. If the State
determines that Grantee is in violation of this provision, the State may exercise any remedy
Addendum 1 - Page 4 of 5
Effective Date: 7/1/2022
ADDENDUM 1:
Additional Terms & Conditions for Information Technology
available at law or in equity or under this Agreement, including, without limitation, immediate
termination of this Agreement and any remedy consistent with federal copyright laws or applicable
licensing restrictions.
K. Information Technology. To the extent that Grantee provides physical or logical storage of
State Records; Grantee creates, uses, processes, discloses, transmits, or disposes of State
Records; or Grantee is otherwise given physical or logical access to State Records in order to
perform Grantee's obligations under this Agreement, the following terms shall apply. Grantee
shall, and shall cause its Subcontractors, to: Provide physical and logical protection for all
hardware, software, applications, and data that meets or exceeds industry standards and the
requirements of this Agreement; Maintain network, system, and application security, which
includes, but is not limited to, network firewalls, intrusion detection (host and network), annual
security testing, and improvements or enhancements consistent with evolving industry standards;
Comply with State and federal rules and regulations related to overall security, privacy,
confidentiality, integrity, availability, and auditing; Provide that security is not compromised by
unauthorized access to workspaces, computers, networks, software, databases, or other physical
or electronic environments; Promptly report all Incidents, including Incidents that do not result in
unauthorized disclosure or loss of data integrity, to a designated representative of the OIS;
Comply with all rules, policies, procedures, and standards issued by the Governor's Office of
Information Technology (OIT), including project lifecycle methodology and governance, technical
standards, documentation, and other requirements posted at https://oit.colorado.qov/standards-
policies-guides/technical-standards-policies. Grantee shall not allow remote access to State
Records from outside the United States, including access by Grantee's employees or agents,
without the prior express written consent of OIS. Grantee shall communicate any request
regarding non-U.S. access to State Records to the State. The State, acting by and through OIS,
shall have sole discretion to grant or deny any such request.
L. Accessibility. Grantee shall comply with and the Work Product provided under this PO shall
be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to
Section §24-85-103 (2.5), C.R.S. Grantee shall also comply with all State of Colorado technology
standards related to technology accessibility and with Level AA of the most current version of the
Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards. Grantee shall indemnify, save, and hold harmless the Indemnified Parties against any
and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including
attorneys' fees and related costs) incurred by any of the Indemnified Parties in relation to
Grantee's failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for
Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
The State may require Grantee's compliance to the State's Accessibility Standards to be
determined by a third party selected by the State to attest to Grantee's Work Product and software
is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals
with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
Addendum 1 - Page 5 of 5
Effective Date: 7/1/2022
GRANT FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in
part, with an Award of Federal funds. In the event of a conflict between the provisions of
these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments
or exhibits incorporated into and made a part of the Grant, the provisions of these Federal
Provisions shall control.
1.2 These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as maybe revised pursuant to ongoing guidance from the relevant Federal or State
of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below.
2.1.1. "Award" means an award of Federal financial assistance, and the Grant setting forth
the terms and conditions of that financial assistance, that a non -Federal Entity receives
or administers.
2.1.2. "Entity" means:
2.1.2.1. a Non -Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward
to a non -Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. "Executive" means an officer, managing partner or any other employee in a
management position.
2.1.4. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
2.1.5. "Grant" means the Grant to which these Federal Provisions are attached.
2.1.6. "Grantee" means the party or parties identified as such in the Grant to which these
Federal Provisions are attached.
2.1.7. "Non -Federal Entity means a State, local government, Indian tribe, institution of
higher education, or nonprofit organization that carries out a Federal Award as a
Recipient or a Subrecipient.
2.1.8. "Nonprofit Organization" means any corporation, trust, association, cooperative, or
other organization, not including IHEs, that:
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2.1.8.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest;
2.1.8.2. Is not organized primarily for profit; and
2.1.8.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.9. "OMB" means the Executive Office of the President, Office of Management and
Budget.
2.1.10. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.11. "Prime Recipient" means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.12. "Subaward" means an award by a Prime Recipient to a Subrecipient funded in whole
or in part by a Federal Award. The terms and conditions of the Federal Award flow
down to the Subaward unless the terms and conditions of the Federal Award
specifically indicate otherwise in accordance with 2 CFR 200.101. The term does not
include payments to a contractor or payments to an individual that is a beneficiary of
a Federal program.
2.1.13. "Subrecipient" or "Subgrantee" means a non -Federal Entity (or a Federal agency
under an Award or Subaward to a non -Federal Entity) receiving Federal funds
through a Prime Recipient to support the performance of the Federal project or
program for which the Federal funds were awarded. A Subrecipient is subject to the
terms and conditions of the Federal Award to the Prime Recipient, including program
compliance requirements. The term does not include an individual who is a
beneficiary of a federal program.
2.1.14. "System for Award Management (SAM)" means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may
be found at http://www.sam.gov.
2.1.15. "Total Compensation" means the cash and noncash dollar value earned by an
Executive during the Prime Recipient's or Subrecipient's preceding fiscal year (see
48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the following:
2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the
dollar amount recognized for financial statement reporting purposes with
respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based
Payments;
2.1.15.3. Earnings for services under non -equity incentive plans, not including
group life, health, hospitalization or medical reimbursement plans that do
not discriminate in favor of Executives and are available generally to all
salaried employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above -market earnings on deferred compensation which is not tax-
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qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation
(e.g., severance, termination payments, value of life insurance paid on
behalf of the employee, perquisites or property) for the Executive exceeds
$10,000.
2.1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act
of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. "Unique Entity ID" means the Unique Entity ID established by the federal
government for a Grantee at https://sam.gov/content/home.
2.1.18. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise.
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and
all applicable Federal Laws and regulations required by this Federal Award. Any revisions
to such provisions or regulations shall automatically become a part of these Federal
Provisions, without the necessity of either party executing any further instrument. The State
of Colorado, at its discretion, may provide written notification to Grantee of such revisions,
but such notice shall not be a condition precedent to the effectiveness of such revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID
REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually after
the initial registration, and more frequently if required by changes in its information.
4.2. Unique Entity ID. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall
update Grantee's information at http://www.sam.gov at least annually after the initial
registration, and more frequently if required by changes in Grantee's information.
5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and
5.1.2. In the preceding fiscal year, Grantee received:
5.1.2.1. 80% or more .of its annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
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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. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall
report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct
payment shall be made to Grantee for providing any reports required under these Federal
Provisions and the cost of producing such reports shall be included in the Grant price. The
reporting requirements in this Exhibit are based on guidance from the OMB, and as such are
subject to change at any time by OMB. Any such changes shall be automatically incorporated
into this Grant and shall become part of Grantee's obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial
award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award
modifications result in a total Award of $30,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or
more, but funding is subsequently de -obligated such that the total award amount falls below
$30,000, the Award shall continue to be subject to the reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to
audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. If Grantee is a Subrecipient, Grantee shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data
elements in SAM for each Federal Award Identification Number (FAIN) assigned by
a Federal agency to a Prime Recipient no later than the end of the month following
the month in which the Subaward was made:
8.1.1.1. Subrecipient Unique Entity ID;
8.1.1.2. Subrecipient Unique Entity ID if more than one electronic funds transfer
(EFT) account;
8.1.1.3. Subrecipient parent's organization Unique Entity ID;
8.1.1.4. Subrecipient's address, including: Street Address, City, State, Country,
Zip + 4, and Congressional District;
8.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in
§4 above are met; and
8.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the
effective date of the Grant, the following data elements:
8.1.2.1. Subrecipient's Unique Entity ID as registered in SAM.
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8.1.2.2. Primary Place of Performance Information, including: Street Address,
City, State, Country, Zip code + 4, and Congressional District.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable regulations,
provided that the procurements conform to applicable Federal law and the standards
identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through
200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent
consistent with law, the non -Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must be included
in all subawards including all contracts and purchase orders for work or products under this
award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a
political subdivision of the State, its contractors must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to Subrecipient's
records and financial statements as necessary for Recipient to meet the requirements of 2
CFR 200.332 (Requirements for pass -through entities), 2 CFR 200.300 (Statutory and
national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart
F -Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient's
fiscal year, the Subrecipient shall procure or arrange for a single or program -specific audit
conducted for that year in accordance with the provisions of Subpart F -Audit Requirements
of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31
U.S.C. 7501-7507). 2 CFR 200.501.
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
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of Prime Recipient. A program -specific audit may not be elected for research and
development unless all of the Federal Awards expended were received from Recipient
and Recipient approves in advance a program -specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during
its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for
that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements),
but records shall be available for review or audit by appropriate officials of the Federal
agency, the State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is
properly performed and submitted when due in accordance with the Uniform
Guidance. Subrecipient shall prepare appropriate financial statements, including the
schedule of expenditures of Federal awards in accordance with 2 CFR 200.510
(Financial statements) and provide the auditor with access to personnel, accounts,
books, records, supporting documentation, and other information as needed for the
auditor to perform the audit required by Uniform' Guidance Subpart F -Audit
Requirements.
12. GRANT PROVISIONS FOR SUBRECEPIENT CONTRACTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all subcontracts
entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction contracts.] Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of "federally assisted construction contract" in 41 CFR Part 60-
1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive
Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and implementing regulations at 41 CFR part 60, Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor.
12.1.2. [Applicable to on -site employees working on government -funded construction,
alteration and repair projects.] Davis -Bacon Act. Davis -Bacon Act, as amended (40
U.S.C.. 3141-3148).
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets
the definition of "funding agreement" under 37 CFR 401.2 (a) and the Prime
Recipient or Subrecipient wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding
agreement," the Prime Recipient or Subrecipient must comply with the requirements
of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the Federal Awarding
Agency.
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12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess
of $150,000 must contain a provision that requires the non -Federal awardees to agree
to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act
as amended (33 U.S.C._ 1251-1387). Violations must be reported to the Federal
Awarding Agency and the Regional Office of the Environmental Protection Agency
(EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies,
as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
12.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to, influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non -Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to
the non -Federal award.
12.1.7. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing "Never contract with the
enemy" in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered
contracts, grants and cooperative agreements that are expected to exceed $50,000..
within the period of performance, are performed outside the United States and its
territories, and are in support of a contingency operation in which members of the
Armed Forces are actively engaged in hostilities.
12.1.8. Prohibition on certain telecommunications and video surveillance services or
equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending loan
or grant funds on certain telecommunications and video surveillance services or
equipment pursuant to 2 CFR 200.216.
13. CERTIFICATIONS.
13.1. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes or
regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently
if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in
writing to the State at the end of the Award that the project or activity was completed or the
level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort
was not carried out, the amount of the Award must be adjusted.
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14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in
his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax year
is exempt from the requirements to report Subawards and the Total Compensation of its most
highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the
Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if
the default remains uncured five calendar days following the termination of the 30 -day notice
period. This remedy will be in addition to any other remedy available to the State of Colorado
under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as
follows:
15.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal Entity fails
to comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass -through Entity, to the greatest extent
authorized by law, if an award no longer effectuates the program goals or agency
priorities;
15.2.3. By the Federal awarding agency or Pass -through Entity with the consent of the Non -
Federal Entity, in which case the two parties must agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion to be terminated;
15.2.4. By the Non -Federal Entity upon sending to the Federal Awarding Agency or Pass -
through Entity written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal Awarding Agency or Pass -through Entity determines in the
case of partial termination that the reduced or modified portion of the Federal Award
or Subaward will not accomplish the purposes for which the Federal Award was
made, the Federal Awarding Agency or Pass -through Entity may terminate the
Federal Award in its entirety; or
15.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to termination
provisions included in the Federal Award.
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LETTER OF ACCEPTANCE FOR TERMS AND CONDITIONS FOR 2022-2023 HAZARDOUS
MATERIALS EMERGENCY PREPAREDNESS (HMEP) GRANT
APPROVED AS TO SUBSTANCE:
Elected Official, Department Head, or Deputy Department Head
APPROVED AS TO FUNDING:
Chief Financial Officer
APPROVED AS TO FORM:
DIY` atia
County Attorney
Contract Form
New Con
act Reque
ntv
Entity Name.
DEPARTMENT OF HOMELAND
SECURITY
Contract Name.
22HMP23WELD-2-NEW
Contract Status
CTB REVIEW
Entity ID*
@00028683
❑ New Entity?
Contract ID
6387
Contract Lead*
G MARQU EZ
Contract Lead Email
gmarquezgco.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project
Contract Description*
2022 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS GRANT PROGRAM APPLICATION - PROJECT FUNDING AWARD IS
BASE ON THE PROJECT DESCRIPTION PROVIDED IN THE APPLICATION AND OUTLINED IN THE SALARIES AND FRINGE BENEFITS
Contract Description 2
Contract Type*
CONTRACT
Amount.
S102,303.20
Renewable.
YES
Automatic Renewal
Department
OEM
Department Email
CM -OEM 1weldgov.cam
Department Head Email
CM-OEM-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEYELDG
OV.COM
Requested BOCC Agenda
Date*
10'12,2022
Due Date
10 ,08 2022
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter NSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Effective Date
09(0112023
Renewal Date.
10;01:2023
Termination Notice Period
Committed Delivery Date
Expiration Date
Contact Name
Contact Type
Contact Email
Contact Phone 1
Contact Phone 2
Purchasing
Purchasing Approver
CONSENT
App
Department Head
ROY RUDISILL
DH Approved Date
10'12/2022
Fit
prt
ROCC Approved
YES
1OCC Signed Date
10/12/2022
6t0CC Agenda Date
10/12)2022
Originator
GMARQUEZ
Finance Approver
CONSENT
Purchasing Approved Date
10/12/2022
Finance Approved Date
10,12;2022
Tyler Ref #
AG 101222
Legal Counsel
CONSENT
Legal Counsel Approved Date
10/12,"2022
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