HomeMy WebLinkAbout105 - 08/20/2024 - MAKING A SUPPLEMENTAL APPROPRIATION OF FUNDS FROM THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIR (2)ORDINANCE NO.105,2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF FUNDS
FROM THE COLORADO DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT,ENVIRONMENTAL JUSTICE GRANT FOR
THE CULTIVATING COMMUNITY-LED RESILIENT HOMES
PROJECT AND APPROVING A RELATED
INTERGOVERNMENTAL AGREEMENT
A.In spring 2024,the Colorado Department of Public Health and Environment
(“CDPHE”)awarded the City $168,874 under the CDPHE’s Environmental Justice (EJ)
grant program (the “Grant”).The award funds support the Healthy Homes program’s
Cultivating Community-Led Resilient Homes (CCLRH)project to improve indoor air
quality and energy efficiency for low-income residents of Fort Collins and the Growth
Management Area.No City match of funds is required under the Grant.
B.The City and CDPHE have negotiated the temis and conditions of the Grant
Agreement,which is attached hereto as Exhibit “A”.
C.This appropriation benefits the public health,safety and welfare of the
residents of Fort Collins and serves the public purpose of supporting improved indoor air
quality and energy efficiency for low-income residents of Fort Collins and the Growth
Management Area.
D.Article V,Section 9 of the City Charter permits the City Council,upon
recommendation of the City Manager,to make a supplemental appropriation by ordinance
at any time during the fiscal year,provided that the total amount of such supplemental
appropriation,in combination with all previous appropriations for that fiscal year,do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
E.The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
F.Article V,Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal,state or private grant
or donation,that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made,but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
G.The City Council wishes to designate the appropriation herein for the
Colorado Department of Public Health and Environment,Environmental Justice Grant as
an appropriation that shall not lapse until the earlier of the expiration of the grant or the
City’s expenditure of all funds received from such grant.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.There is hereby appropriated from new revenue or other funds in the
General Fund the sum of ONE HUNDRED SIXTY-EIGHT THOUSAND EIGHT
HUNDRED SEVENTY-FOUR DOLLARS ($168,874)to be expended in the General Fund
for the Cultivating Community-Led Resilient Homes Project.
Section 2.The appropriation herein for the Colorado Department of Public
Health and Environment,Environmental Justice Grant is hereby designated,as
authorized in Article V,Section 11 of the City Charter,as an appropriation that shall not
lapse at the end of this fiscal year but continue until the earlier of the expiration of the
grant or the City’s expenditure of all funds received from such grant.
Section 3.The City Council authorizes the City Manager or their designee to
accept the grant and obligate the City to comply with the terms of the Grant Agreement.
Introduced,considered favorably on first reading on the July 16,2024,and
approved on second reading for final passage on the August 20,2024.
ATfEST:
-
ityClfk —
Effective Date:August 30,2024
Approving Attorney:Ted Hewitt
EXHIBITATO ORDINANCE NO.105,2024
STATE OF COLORADO Page
Department of Public Health &Environment
ORDER *****TM PORTANT*****
Number:PO,FAAA,202500000822 The order number and line number must appear on all
Date:6/5/24 invoices,packing slips,cartons,and correspondence.
Description:
Ft Collins 9310 FY25 EJ grant program RFA #42184
Effective Date:07/01/24
____________________06/30/251)1 i-~U [‘)‘~‘1’1 (1 ____________
BUYER
Buyer:
Email:
VENDOR
CITY OF FORT COLLINS
Finance Department
P0 BOX 580
FORT COLLINS,CO 80522-0580
Contact:
Phone:
BILL TO
DIVISION OF ADMINISTRATION Cd
4300 CHERRY CREEK DRIVE SOUTH
DENVER,CO 80246-1530
SHIP TO
DIVISION OF ADMINISTRATION C-i
4300 CHERRY CREEK DRIVE SOUTH
DENVER,CO 80246-1530
SHIPPING INSTRUCTIONS
Delivery/Install Date:06/30/25
FOB:FOB Dest,Freight Prepaid
VENDOR INSTRUCTIONS
I I
https://www.colorado.gov/osc/purchase-order-terms-conditions
DOCUMENT TOTAL =$168.874.OO
EXTENDED DESCRIPTION
Ft Collins 9310 FY25 EJ grant program RFA #42184.The budget shall not exceed $168,874.00.
The State of Colorado Terms and Conditions govern and control this purchase order.
Exhibit A,Additional Provisions,is incorporated and made part of this purchase order by reference.
be Item Commodity/Item Code UOM QTY Unit Cost Total Co MSDS R
0 0.00 $168,874.00
Description:Ft Collins 9310 FY25 EJ grant program RFA #42184
Ft Collins 9310 FY25 EJ grant program RFA #42184
Service From:07/01/24 Service To:06/30/25
TERMS AND CONDITIONS
EXHIBIT A TO ORDINANCE NO.105.2024
STATEMENT OF WORK
Entity Name:The City of Fort Collins
II.Project Description:
This project serves to fUnd grant projects that avoid,minimize,measure,and mitigate impacts to
public health and the environment in disproportionately impacted (DI)communities,or that
promote equitable participation in rulemaking and permitting proceedings that may affect DI
communities.The Environmental Justice Act prioritizes reducing environmental health disparities
in DI communities and declares environmental justice a Colorado state policy.This grant program
aligns with the Colorado Department of Public Health (CDPHE)strategic plan to further
environmental justice and will help CDPHE strengthen trust and communication between DI
communities and the environmental divisions.This project will be achieved by contracting with
nonprofits and local governments within Colorado through June 30,2025.Colorado communities
of color and low-income communities have historically carried and continue to bear a
disproportionate burden of environmental health risks.The Environmental Justice (EJ)Grant
Program will support DI communities by providing funding to conduct interventions,and
participate in agency processes to advocate for policy changes to avoid (prevent),minimize (reduce,
lessen,remediate),measure (monitor),and mitigate (offset,compensate for)impacts to public
health and environmental health risks,and advance a healthy and sustainable Colorado where
everyone has equitable protection from environmental and health hazards.
This project benefits disproportionately impacted communities in Fort Collins by improving indoor
air quality (IAQ),energy efficiency,and preparing homes for climate-related events (i.e.,wildfires,
extreme temperatures).Through this project,the City of Fort Collins shall advance environmental
justice with free home visits which include an IAQ assessment,portable air cleaners,smoke/fire
and carbon monoxide alarms,furnace servicing,low-level weatherization,air conditioners,and
other related resources.
Ill.Defmitions:
A.Authentic Community EnRaRement:The goal of authentic community engagement is to work with
communities,not for or on behalf of them,or to do things to communities.
B.Carbon Monoxide (CO):a colorless,odorless,toxic gas created through the incomplete combustion
of carbon.
C.Colorado Affordable Residential Energy (CARE)Program:A program of Energy Outreach
Colorado that provides income-qualified Coloradans in participating counties with free home
energy efficiency upgrades.
D.Cultivating Community-Led Resilient Homes (CCLRH):The fUnded project to be completed by
the City of Fort Collins with the goal of improving IAQ,energy efficiency,and home resilience to
climate-related events.
E.Disproportionately impacted communities as defined in C.R.S.§24-4-109(2)(b)(H)(2023):
a.A community that is in a census block group,as determined in accordance with the most
recent United States census,where:
i.the proportion of households that are low income is greater than forty percent,
ii.the proportion of households that identif~’as minority is greater than forty percent,
or
Page 1 of 6
Ver.01.11.19
EXHIBIT ATO ORDINANCE NO.105,2024
iii.the proportion of households that are housing cost-burdened is greater than fifty
percent;
iv.the proportion of households that are linguistically isolated is greater than twenty
percent,meaning that all adults in a household speak a language other than English
and speak English less than very well;or
v.multiple factors,including socioeconomic stressors,disproportionate
environmental burdens,vulnerability to environmental degradation,and lack of
public participation,may act cumulatively to affect health and the environment and
contribute to persistent disparities,as identified by a Colorado EnviroScreen score
above the 80th percentile;or
b.Any other community:
i.where there is a history of environmental racism perpetuated through redlining,
anti-Indigenous,anti-immigrant,anti-Hispanic,or anti-Black laws,policies,or
practices;or
ii.under the jurisdiction of the Ute Mountain Ute (UMU)or Southern Ute Indian
Tribe (SUIT);or
iii.that is a mobile home park.
F.Healthy Homes Educators (HHE):Volunteers for the City of Fort Collins Healthy Homes program
that are trained in the 8 Principles of a healthy home.These volunteers conduct in-home
assessments for community members,identi1~’ing sources of indoor air pollution and providing
solutions.
G.Indoor Air Quality (IAQ):refers to the air quality within and around buildings and structures,
especially as it relates to the health and comfort of building occupants.
H.Low-Income Energy Assistance Program (LEAP):A federally-funded,state of Colorado assistance
program that offers credit to pay heating bills.The program provides assistance with heating costs,
equipment repair,and/or replacement of inoperable heating tools.
I.Neighborhood Connectors (NC):Volunteers for the City of Fort Collins Healthy Homes program
that help to promote the program and recruit participants through face-to-face interactions in DI
communities.NCs also provide consistent feedback on the program based on community member
needs.
J.Special or Emergency Projects Fund:In the event of a health/safety concern or issues that prevent
a home from participating in other programs,special project funds within City of Fort Collins will
be used to support a solution.This may include but is not limited to furnace replacements,plumbing
repairs,range hood or bathroom fan installation,and roof repairs.
IV.Work Plan:
Goal #1:To advance environmental justice in disproportionately impacted (DI)communities in Colorado.
Objective #1:No later than the Contract’s expiration date,advance environmental justice by creating equitable access to
healthy,energy efficient,and resilient housing within Fort Collins’DI conmiunities identified through Colorado
Enviro Screen.
Primary Activity #1 1.The Contractor shall provide resources to program participants to improve thehomes’health and safety.
I.The Contractor shall conduct a minimum of 45 home visits that include:
Sub-Activities #1 a.An IAQ assessment with behavior-based recommendations and
I,.__Actions households can take to improve_IAQ.
Page2of 6
Vu.01.11.19
EXHIBIT A TO ORDINANCE NO.105,2024
2.The Contractor shall provide participants with the following services through
contracted providers:
a.Furnace safety checks
b.Furnace cleanings
c.Low-level weatherization services.
3.The Contractor shall recommend eligible participants to additional organizations,
including:
a.CARE or
b.LEAP.
4.The Contractor shall provide home repairs for participants by utilizing the special
project funds when challenging issues impacting the following arise:
a)IAQ,
b)Energy efficiency,
c)Health and safety.
1.The Contractor shall train the following:
Primary Activity #2 a)A team of volunteers for Healthy Homes Educators and
1,)Neighborhood Connectors.
1.The Contractor shall create and distribute marketing materials to aid in the
identification of new volunteers.
2.The Contractor shall identilS’focus communities with staff and current volunteers.
3.The Contractor shall identilS’new volunteers through 1:1 connections with a goal
of at least 10 new volunteers.
...4.The Contractor shall provide a 20-hour volunteer training over the course of 4Sub-Activities #2 sessions and practice IAQ assessments completed in Qi and Q2.
5.The Contractor shall hire translation and interpretation specialists for trainings.
6.The Contractor shall implement a volunteer engagement strategy that includes:
a.Continuing education
b.Gratitude pay in the form of gift cards
c.Acts of appreciation such as thank-you gifts and get-togethers.
..1.The Contractor shall conduct authentic community engagement to promote thePrimaryActivity#3 Healthy Homes program.
1.The Contractor shall organize 5 neighborhood events.
2.The Contractor shall attend the neighborhood events in the identified focus
...communities with staff and current volunteers.Sub-Activities #3 3.The Contractor shall use Neighborhood Connectors to engage communities to
connect with individual residents and promote the program.
4.The Contractor shall hire translation and interpretation specialists for the events.
Primary Activity #4 1.The Contractor shall hire a 9-month,full-time contract position to support grantoperationsandreportingrequirements.
Sub-Activities #4 1.The Contractor shall create a staff training plan.
Primary ActivIty #5
I.The Contractor shall create the following reports:
a.Quarterly progress reports
b.A 6-month Progress Report
c.A Final Report.
Primary ActivIty #6 I 1.The Contractor shall attend two (2)check-in meetings.
Page3 of 6
Ver.01.11.19
EXHIBITATO ORDINANCE NO.105,2024
I.CDPHE will closely monitor project activities to ensure that pursuant to the
Colorado Constitution and Colorado Fair Campaign Practices Act,grant fluids are
not used for prohibited expenses including lobbying,campaign activities,and
political activities such as meeting with or encouraging a state or local elected
official to support a bill,ordinance,or other policy proposal.
2.The Contractor shall provide the following resources based on the identified
through the home visit’s outcomes as needed:
a.Radon test kits
b.Natural cleaner
c.Sustainable cleaning cloths
d.Smoke alarms
e.CO alarms
f.Commercial-grade doormats
g.Fire extinguishers
h.Portable air cleaners
i.Air conditioners.
3.The Contractor shall provide the resources mentioned in the Work Plan,Sub-
Activities 1.2,1.4,and Standards &Requirements 2 only to households within the
following neighborhoods on a first-come-first-serve basis,provided that the
household receiving the resource has income below two hundred percent of the
federal poverty level:
a)Hickory,
b)North College,
c)Stonecrest,Montclair,
d)Andersonville/San Cristo,
e)Buckingham,Standards and~~Ah~Vista,
Requirements g)Dry Creek,
h)Buffalo Run,
i)Old Town Neighbors,
j)Collins Aire,
k)Timber Ridge,
I)Harmony Park,
m)Highlander Heights,
n)Skyline,
o)Poudre Valley Mobile Home Park,and
p)Nueva Vida.
4.The Contractor shall include a written description of the progress made for each
primary and sub-activity in each Quarterly Progress Report,beginning with QI
(July-September 2024)through Q4 (April-June 2025).
a.Quarterly Report Guidance Document
5.The Contractor shall include the following information in the 6-month Progress
Report.
a.Successes to date,
b.Challenges and barriers encountered to date,and
c.Anticipated challenges by the end of the Contract.
6.The Contractor shall produce a Final Report summarizing the Project achievements
that includes responses to the following questions:
a.What disproportionately impacted (DI)community did your project serve?
b.What was the relationship between the project and the community it
served?
i.How did your project engage members of a DI Community?
ii.How did the community react to the project?
Page 4 of 6
va.01.11.19
EXHIBIT A TO ORDINANCE NO.105,2024
c.What is the final status of the project?
i.Did the project complete all of the activities set in the SOW?
d.What was the biggest success of the project including unanticipated
successes?
i.How do you measure the success of your project?
e.What was the greatest challenge and what did you learn from it?
f.Would you apply for the grant again?
g.Any suggestions for the grant program in the fixture?
7.CDPHE will provide the Contractor with the following information,at least seven
business days before each check-in meeting:
a.the date of the check-in meeting,
b.the meeting link,for virtual meeting,
c.the meeting venue,for in-person meeting,
d.meeting agenda,
e.meeting duration,and
f.meeting participants.
8.Meeting minutes will be recorded by the EJ Grants Specialist and saved in the
grantee’s folder.
9.CDPHE will schedule the check-in meetings as follows:
a.First check-in meeting sixty (60)business days after the Contract execution
date,
b.b.Second check-in meeting nine (9)months into the Contract.
10.The Contractor shall communicate to CDPHE,via email,all requests of additional
resources needed for the successful completion of the project.
11.CDPHE will respond to the Contractor,via email,no later than fifteen (15)business
days after the receipt of the Contractor’s request for additional resources.
12.The Contractor shall use the approved CDPFLE Progress Report Templates.
a.Quarterly Report
b.6-Month Progress Report
c.Final Report
13.CDPHE will provide,via email,the approved Progress Report Templates,no later
than thirty (30)business days after the Contract’s execution date.
14.The Contractor shall submit the Final Report as a non-reimbursable deliverable no
later than fifteen (15)days after the expiration of the Contract.
I.Increased quality of life of community members.Exlected Results of 2.Expanded access to resources and programs for community members.
Activit5’(s)3.Increased knowledge and tools for community members to protect themselves
from extreme temperatures and poor outdoor air quality.
1.Number of households reached.Measurement of 2.Number of volunteer FINE who are trained and committed to the program.Expected Results 3.Number of new FINE and/or NC who are recruited.
4.Number of continued education opportunities for HHE.
Completion Date
Deliverables I.The Contractor shall submit electronically to the U Grants No later than 15
Specialist Quarterly Progress Reports.days following the
end of Qi,Q2,Q3,
Q4
2.The Contractor shall submit electronically to the U Grants No later than
Specialist a 6-Month Progress Report.January 15,2025
PageS of 6
Va.01.11.19
EXHIBIT A TO ORDINANCE NO.105,2024
3.The Contractor shall submit electronically to the EJ Grants No later than 15
Specialist examples of materials used in the following:days following the
a)trainings,marketing,and end of QI,Q2,Q3,
b)outreach events.Q4
4.The Contractor shall submit electronically to the El Grants No later than 15
Specialist a document outlining:days following the
a)the number of households reached and end of QI,Q2,Q3,
b)resources provided.Q4
5.The Contractor shall submit electronically to the El Grants No later than July
Specialist a Final Report.15,2025
6.Monitoring:
CDPHE’s monitoring of this contract for compliance with performance requirements will be
conducted throughout the contract period by the El Grants Specialist.Methods used will include a
review of documentation determined by CDPHE to be reflective of performance to include progress
reports.The Contractor’s performance will be evaluated at set intervals and communicated to the
contractor.A Final Contractor Performance Evaluation will be conducted at the end of the life of the
contract.
7.Resolution of Non-Compliance:
The Contractor will be notified in writing within 10 calendar days of discovery of a compliance issue.
Within 30 calendar days of discovery,the Contractor and the State will collaborate,when appropriate,
to determine the action(s)necessary to rectilS’the compliance issue and determine when the action(s)
must be completed.The action(s)and timeline for completion will be documented in writing and agreed
to by both parties.If extenuating circumstances arise that require an extension to the timeline,the
Contractor must email a request to the El Grants Specialist and receive approval for a new due date.
The State will oversee the completion/implementation of the action(s)to ensure timelines are met and
the issue(s)is resolved.If the Contractor demonstrates inaction or disregard for the agreed-upon
compliance resolution plan,the State may exercise its rights under the provisions of this contract.
Page 6 of 6
Vet.01.11.19
°°“~“$I
—4
~tLcc.fli I ~
.com,I i’a
w$si~i—5.—ccd4c~
ccsis.acciic.c.icciii.ii.i,wis..ImccSccmSii.
ccciii S I inch I
lai cc.ccoIi cow acia I.cconcconuidoii$cciccis
$5.1~I 555.0 —il ~i cc .~.cO53 iWI —.0401
cc..c5.~15.04 csccsicfl*”,.wficsa,a,...ccc ..ccii —I i1 ..ii*,M
—cc...~i...cq,.cwis..a..,.,ii Icod ii icc_i..,..,.ndann,I.4.,,cci
ccc..a..4.~oic.,,n..
~~~cci —
.—~..i cocil —.—~ic p—i cci’(lld..iz S ding S ~~~_,,,
.,z.n..~—‘‘s ~cc~ccccia.cocosj.
——it..~44~5.0 ccc’c=
.—nfl—SICi S ii 04041 1 04si’~.~ccspp..,qcoccniccj
4cc —
cc_cc_i_In c_cc
coin $ii wcci I do ..oci ..cc...do.s1 iiocc Icowid pS,Sicco.cccc
9~44cc
5——in
~ccd,$icc.i.fl.cc.w.W ccc..,44p-t:ztr tr —-‘-——~——i-cc—
-p——p-i—s.——
-cc
—‘cc,—cc —
—i_Pa.Icco p—a.-,—
iit~$p-b5.ccdçI ~p-L
.0.-,5._icc
cc.—c_i—rn
—4—4—digs.
-‘cc
ins ....cc,.i-si—i iii —S P 5 cc ‘$liccicoin •ccIccicc5.i5.i
i_am’icin.’ccci
,__,__,.m,po’..ccccdcciI
i—icc t,cc,.,c.cc..,a,acca —lid W5..cm~Scc4.imd
~4.4.._i-•_,ccp~.d~cc5.’dodcc’iccr..mncc
cciii is in,.i
—
S iicci.i.ii~iø~W •*,ocL~o5i Sii.i$_‘—j.’iil$i-sI%iA i •iidPid~i
a.~n,pccqcci pa Iniw cc.,iccccd,.‘cci-,i_icc..,,..—p...idini
——~ip-—~,—-~~ccii~i4i’s—is Is W04 5
--i—-s
S.icc~-ccocc cc~p..’4i—m
~ci c_~,—04 —Si————-—
icoccicip,i-wi.04.,,i~is i-pa,.~~—i-—iam PiiiSild
ad,a-c.i-cc,...ia.~5.iii ‘iccccc —nicc.0cciicca
ccli,,‘di-q 00w.—i,dcciqiflccd ii5.n.04 icc pceicfl~
in,i ccci $
—
5 4 iii,SNip.S.OPIL Zips
a.————-iwo i-r~——..~ioi 10.
4iiii jii.i,cc cc.,,wi5 —Sinus iOsii.i 0.S ..cca .5 $~5.—
cons Si 0000 5 ~cL—ccpccIdst,j.cciwicc
i-_cc—igs ——S 0~0 iulccc uui-04 S.cciw cmi 0,04.ic..,
tn —,—i icculad ccq$Icc,_)Pi..itaiS Swoccicowi —c.$ccnni ciii
4iAioicc,i pp ,k.S.ii$,i,Sidfl ii Siioii.i Si ‘s~d iOIiio ,ui,jhcc.cci
s,—_—‘p
picci,ii.ipiiuipniq ii,c ——ii,o±~~—-,—~—-——
.fli,pccii.ulcl
cci--s Ppaiidol 0i•—~*)“.i,daic
an .‘dI.c.oi’.di-.ii-4
I -I p
‘———p
,iicci,ccuuiad.cc..o ,.cc,—d.icci.O,i
4—icc ——-—cci-—————-‘~015.-—
d,OiSlccPIicc.’uipii-ipi ii.io,cc,i iifl,ui ,i,ia,ccauicc,
--I —
——cc.,—
ccPiiiii•
—1____~j
i————
lcccc~~~5.—cc_i
.$lSccuii cc,cccii-ia.ij ii.,,cci 4i..aInccc
S.——5cc
cci,iccjcid,Z ccdccoisioiuicciii,siI
~~pptcci-cc~
.iwdQ.Sicc cciii Ii.,.ccui
.——
‘i-ui)wcci’$’cciiccl’ccdcc’w
nos incan s two a .n.i s .,co,o s cc ~~ccccwicc.~P.O..,
—I.——
ccc’d icc.uilisd pwiaccd,iiicc
cc,,_a,—-5i4 ccpiiiip
———Sip—h-i
cc———’
,c,o.pco.ccni_wccd pp..,—iuic.iluidiiisicc,
ai,ii.cccc~.iu,,iccd,,cci-——pc.lncccc ——ia,u ii ccS*.,
445 $ki,d S.i,i,aj si-PO •ccu~~i•d lccS 0..~icc,
-————i—cc—
—-5.
i_—04i~—
04-—
—i-i-~~a~-cc
m
~uwcci—dIcci S.,,p_s.,cci mccc .ivcc.icc I 4n ,.,-d ciw
~e
‘~t~~1~”i-p-i-i i-in ccii-~uld —i-5cci-’dSiigfli,l’s 044~
I—
___,,—-t_____
W~O4 IIOtifliML$($’HUM i,00r.RSNU.0 5$Wfl1004 INYID (I
flOg ~9Ol.iON 3DNVNICNO 01 V 1I8II.~....
oafl 0103
ccccuiccoi4cc
cc$piicclifli,,i’d
——cc—
445 ———‘a.——,
,,..ccui,icciiiiiop.ii,i
EXHIBIT A TO ORDINANCE NO.105.2024
EXHIBIT A
ADDITIONAL PROVISIONS
These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above.
To receive compensation under the Contract,the Contractor shall submit a signed monthly CDPHE
Reimbursement Invoice Form.This form is accessible from the CDPHE internet website
~and is incorporated and made
part of this Contract by reference.CDPHE will provide the form,including budget line items,to the
Contractor.CDPHE will provide technical assistance in accessing and completing the form.The CDPHE
Reimbursement Invoice Form and Expenditure Details page must be submitted no later than forty-five (45)
calendar days after the end of the billing period for which services were rendered.Expenditures shall be in
accordance with this Statement of Work and Budget
Scan the completed and signed CDPHE Reimbursement Invoice Form into an electronic document.Email
the scanned invoice and Expenditure Details page to:Gabriella Boehm,EJ Grants Specialist,
gabriella.boelun~state.co.us
Final billings under the Contract must be received by the State within a reasonable time after the expiration
or termination of the Contract;but in any event no later than forty-five (45)calendar days from the
effective expiration or termination date of the Contract.
Unless otherwise provided for in the Contract,“Local Match”,if any,shall be included on all invoices as
required by funding source.
The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless
approved in writing by the appropriate federal agency.
The Contractor shall submit all invoices for expenses incurred in the course of the project within 45 days
of the end of the month when the expenses were incurred.
2.Time Limit For Acceptance Of Deliverables.
a.Evaluation Period.The State shall have fifteen (15)calendar days from the date a deliverable is
delivered to the State by the Contractor to evaluate that deliverable,except for those deliverables
that have a different time negotiated by the State and the Contractor.
b.Notice of Defect.If the State believes in good faith that a deliverable fails to meet the design
specifications for that particular deliverable,or is otherwise deficient,then the State shall notify
the Contractor of the failure or deficiencies,in writing,within fifteen (15)calendar days of:I)the
date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or
deficiency at the time of delivery;or 2)the date the State becomes aware of the failure or
deficiency.The above time frame shall apply to all deliverables except for those deliverables that
have a different time negotiated by the State and the Contractor in writing pursuant to the State’s
fiscal rules.
c.Time to Correct Defect.Upon receipt of timely written notice of an objection to a completed
deliverable,the Contractor shall have a reasonable period of time,not to exceed twelve (12)
calendar days,to correct the noted deficiencies.
3.Health Insurance Portability and Accountability Act (HTPAA)Business Associate Determination.
The State has determined that this Contract does not constitute a Business Associate relationship under
HIPAA.
4.This award does not include funds for Research and Development.
Page 1 of 2
Ver.01.11.19
EXHIBIT A TO ORDINANCE NO.105.2024
EXHIBIT A
5.All data collected,used or acquired shall be used solely for the purposes of this Contract.The Contractor
and its subcontractors agree not to release,divulge,publish,transfer,sell,or otherwise make known any
such data to unauthorized persons without the express prior written consent of the State or as otherwise
required by law.This includes a prior written request by the Contractor to the State for submission of
abstracts or reports to conferences,which utilize data collected under this Contract.Notwithstanding the
foregoing,the Contractor shall be entitled to retain a set of any such data collected or work papers
necessary to perform its duties under this Contract and in accordance with professional standards.
6.Contractor shall request prior approval in writing from the State for all modifications in the Statement of
Work/Work Plan or for any modification in excess of twenty-five percent (25%)of the total budget shall be
submitted to CDPHE at least 90 days prior to the end of the Contract period and may require an amendment
in accordance with General Provisions,Section 17,Con tract Mod$cations,of this Contract.
7.Contractor shall not use fimds provided under this Contract for the purpose of lobbying as defined in
Colorado Revised Statutes (C.R.S.)24-6-301 (3.5)(a).
8.Funds provided under this Contract may not be used to:supplant finding for any existing
programs/models;develop new cessation programs/models;develop curricula for youth or adults not
reviewed and approved by the State;pay for individual cessation aids or nicotine replacement therapy;find
capital improvements;or find costs of enforcement of state or local laws and ordinances unless approved
by CDPHE.
9.The Contractor shall provide CDPHE,upon request,written procedures related to gift card purchase and
handling.At a minimum,the procedures must include the following:
a.How the gift card inventory is tracked and maintained;
b.Gift Card storage and safeguards against theft;
c.The primary person responsible for securing and distributing gift cards;
d.A gift card distribution log that records each gift card number,dollar amount and with the personal
information of the gift card recipient redacted.
Page 2 of 2
Ver.01.11.19
EXHIBITATO ORDINANCE NO.105,2024
State of Colorado Purchase Order Terms and Conditions
1.OfferIAcceptance.This Purchase Order,together with these terms and conditions (including,
if applicable,Addendum 1:Additional Terms and Conditions for Information Technology,and
Addendum 2:Additional Terms and Conditions for Federal Provisions,below),and any other
attachments,exhibits,specifications,or appendices,whether attached or incorporated by reference
(collectively the “P0”)shall represent the entire and exclusive agreement between the State and the
Vendor.If this P0 refers to Vendor’s bid or proposal,this P0 is an ACCEPTANCE of Vendor’s
OFFER TO SELL in accordance with the terms and conditions of this P0.If a bid or proposal is not
referenced,this P0 is an OFFER TO BUY,subject to Vendor’s acceptance,demonstrated by
Vendor’s performance or written acceptance of this P0.Any COUNTER-OFFER TO SELL
automatically CANCELS this P0,unless a change order accepting the counter-offer is issued in
accordance with §4 accepting a counter-offer.The State shall not be responsible or liable for goods or
services delivered or performed prior to issuance of this P0.
2.Order of Precedence.In the event of a conflict or inconsistency within this P0,such conflict
or inconsistency shall be resolved by giving preference to the documents in the following order of
priority:(a)If applicable,Addendum 2:Additional Terms and Conditions for Federal Provisions,below;
(b)the Purchase Order document;(c)these Terms and Conditions (including,if applicable,
Addendum 1:Additional Terms and Conditions for Information Technology below);and (d)any
attachments,exhibits,specifications,or appendices,whether attached or incorporated by reference.
Any terms and conditions included on Vendor’s forms or invoices not included in this P0 are void.
3.Safety Information.All chemicals,equipment,and materials proposed or used in the
performance of this P0 shall conform to the requirements of the Occupational Safety and Health Act
of 1970.Vendor shall furnish all Material Safety Data Sheets (MSDS)for any regulated chemicals,
equipment,or hazardous materials at the time of delivery.
4.Changes.Vendor shall furnish goods or services in strict accordance with the specifications
and price set forth for each item.This P0 shall not be modified,superseded or otherwise altered,
except in writing signed by the State and accepted by Vendor.If this P0 is for goods only and Vendor
has not delivered the goods prior to the expiration of this P0,but Vendor delivers all of the goods to
the State only after expiration of this P0,then the State,in its sole discretion,may accept the goods
under this P0 by extending this P0 and delivering the modification to Vendor;however,regardless of
anything to the contrary,if the State does not extend this P0 for any reason then the goods delivered
after expiration of this P0 shall be deemed rejected,Vendor shall arrange the return of all delivered
goods at Vendor’s sole expense,and the State shall have no liability for any such goods.
5.Delivery.Unless otherwise specified in this P0,delivery shall be FOB destination,freight
prepaid and allowed.The State is relying on the promised delivery date and any installation or service
performance set forth in this P0 as material and basic to the State’s acceptance.If Vendor fails to
deliver or perform as and when promised,the State,in its sole discretion,may cancel its order,or any
part thereof,without prejudice to its other rights,return all or part of any shipment so made,and
charge Vendor with any loss or expense sustained as a result of such failure to deliver or perform as
promised.Time is of the essence.
6.Rights to Materials.[Not Applicable to POs issued either in whole or in part for
In formation Technology,as defined in CRS ~24-37.5-102(2);which shall be governed by
Addendum I §B.J Unless specifically stated otherwise in this P0,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 Vendor or delivered
by Vendor to the State in performance of its obligations under this P0 shall be the exclusive property
of the State.Vendor shall return or deliver all Materials to the State upon completion or termination of
this P0.
Page 1 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO.105.2024
7.Reporting.If Vendor 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 P0 or may affect Vendor’s ability to perform its obligations under this P0,Vendor shall,within
10 days after being served,notify the State of such action and deliver copies of such pleading or
document to the State.Vendor shall disclose,in a timely manner,in writing to the State all violations
of federal or state criminal law involving fraud,bribery,or gratuity violations potentially affecting this
P0.The State may impose any remedies available,which may include,without limitation,suspension
or debarment.
8.Conflicts of Interest.Vendor acknowledges that with respect to this P0,even the
appearance of a conflict of interest is harmful to the State’s interests.Absent the State’s prior written
approval,Vendor shall refrain from any practices,activities,or relationships that reasonably may
appear to be in conflict with the full performance of Vendor’s obligations to the State hereunder.If a
conflict or appearance of a conflict of interest exists,or if Vendor is uncertain as to such,Vendor shall
submit to the State a disclosure statement selling forth the relevant details for the State’s
consideration.Failure to promptly submit a disclosure statement or to follow the State’s direction with
respect to the actual or apparent conflict constitutes a breach of this P0.Vendor acknowledges that
all State employees are subject to the ethical principles described in §24-18-105,C.R.S.Vendor
further acknowledges that State employees may be subject to the requirements of §24-18-105,
C.R.S.with regard to this P0.
9.Warranties.All provisions and remedies of the Colorado Uniform Commercial Code,CRS,
Title 4 (“UCC”),relating to implied or express warranties for goods are incorporated herein,in addition
to any warranties contained in this P0.
10.Inspection and Acceptance.The State’s final acceptance of goods or services is contingent
upon completion of all applicable inspection procedures.All goods delivered shall be newly
manufactured and the current model,unless otherwise specified.The State shall have the right to
inspect goods or services provided under this P0 at all reasonable times and places.The State shall
be the sole judge in determining “equals”with regard to conformance with the specifications outlined
in this P0 for quality,price,and performance.If any of the goods or services do not conform to this
P0,the State,at its sole discretion,may require Vendor to either (a)replace the goods specified by
the State or (b)perform the services again,without additional payment from the State.When defects
in the quality or quantity of goods or services cannot be corrected by replacement or re-performance,
the State may (c)require Vendor to take necessary action to ensure that future performance
conforms to this P0 and (d)equitably reduce the payment due Vendor to reflect the reduced value of
the goods or services performed.These remedies do not limit the remedies otherwise available in this
P0,at law,or in equity.
11.Taxes.The State is exempt from federal excise taxes and from State and local sales and use
taxes.
12.Payment.The State shall not pay Vendor any amount for performance under this P0 in
excess of the Document Total set forth on the Purchase Order document.The State shall pay Vendor
for all amounts due within 45 days after the State’s receipt of goods or services and acceptance of a
correct invoice of amount due.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.Vendor 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 State may benefit from any early
payment discount offered by Vendor by making payment within the timeframes required by Vendor to
be eligible for such discount.If Vendor offers an early payment discount,then the discount shall be
shown on Vendor’s invoices to the State,and if the State makes payment on the invoice within the
time frame for the discount,Vendor shall either (a)accept the payment amount less the appropriate
Page 2 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO.105,2024
discount or (b)refund the discount back to the State.Except as specifically agreed in this P0,Vendor
shall be solely responsible for all costs,expenses,and other charges it incurs in connection with its
performance under this P0.
13.Assignment.Vendor’s rights and obligations under this P0 shall not be transferred or
assigned without the prior,written consent of the State and execution of a new P0.Any attempt at
assignment or transfer without such consent and new P0 shall be void.Any new P0 approved by the
State shall be subject to the same terms and conditions as those set forth in this P0.
14.Subcontracts.Unless otherwise specified in this P0,Vendor shall not enter into any
subcontract in connection with its obligations under this P0 without the prior,written approval of the
State.Vendor shall submit to the State a copy of each such subcontract upon request by the State.
All subcontracts entered into by Vendor in connection with this P0 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 P0.
15.Severability.The invalidity or unenforceability of any provision of this P0 shall not affect the
validity or enforceability of any other provision of this P0,which shall remain in full force and effect,
provided,that the parties can continue to perform their obligations in accordance with the intent of this
P0.
16.Survival of Certain P0 Terms.Any provision of this P0 that imposes an obligation on a party
after termination or expiration of this P0 shall survive the termination or expiration of this P0 and
shall be enforceable by the other party.
17.Third Party Beneficiaries.Except for the parties’respective successors and assigns,this P0
does not and is not intended to confer any rights or remedies upon any person or entity other than the
parties.Enforcement of this P0 and all rights and obligations hereunder is reserved solely to the
parties.Any services or benefits which third parties receive as a result of this P0 are incidental to this
P0,and do not create any rights for such third parties.
18.Waiver.A party’s failure or delay in exercising any right,power,or privilege under this P0,
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.
19.Indemnification.[Not Applicable to Inter-governmental POs]Vendor 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 Vendor,or its employees,agents,subcontractors,or assignees in connection
with this P0.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.
20.Notice.All notices given under this P0 shall be in writing,and shall be delivered to the
contacts for each party listed on the Purchase Order document.Either party may change its contact
or contact information by notice submitted in writing to the other party without a formal modification to
this P0.
21.Insurance.Except as otherwise specifically stated in this P0,Vendor shall obtain and
maintain insurance as specified in this section at all times during the term of this P0:(a)workers’
compensation insurance as required by state statute,and employers’liability insurance covering all
Vendor employees acting within the course and scope of their employment;(b)Commercial general
liability insurance written on an Insurance Services Office occurrence form,covering premises
operations,fire damage,independent contractors,products and completed operations,blanket
Page 3 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO.105,2024
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 Vendor will or may have access to any protected information,then Vendor
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 terni of this P0.Additional insurance may be required as provided elsewhere in this P0.
All insurance policies required by this P0 shall be issued by insurance companies with an AM Best
rating of A-Vlll or better.This insurance requirement shall not apply if this P0 is solely for goods,as
determined by the State,unless specifically stated otherwise in this P0 or any attachment or exhibit
to this P0.If Vendor is a public agency within the meaning of the Colorado Governmental Immunity
Act,then this section shall not apply and Vendor shall instead comply with the Colorado
Governmental Immunity Act.The State shall be named as additional insured on all commercial
general liability policies required of Vendor.All insurance policies secured or maintained by Vendor in
relation to this Purchase Order shall include clauses stating that each carrier shall waive all rights of
recovery under subrogation or otherwise against Vendor or the State,its agencies,institutions,
organizations,officers,agents,employees,and volunteers.
22.Termination Prior to Vendor Acceptance.If Vendor has not begun performance under this
P0,the State may cancel this P0 by providing written notice to the Vendor.
23.Termination for Cause.(a)If Vendor refuses or fails to timely and properly perform any of its
obligations under this P0 with such diligence as will ensure its completion within the time specified in
this P0,the State may notify Vendor in writing of non-performance and,if not corrected by Vendor
within the time specified in the notice,terminate Vendor’s right to proceed with this P0 or such part
thereof as to which there has been delay or a failure.Vendor shall continue performance of this P0 to
the extent not terminated.(b)Vendor shall be liable for excess costs incurred by the State in
procuring similar goods or services and the State may withhold such amounts as the State deems
necessary.(c)If after rejection,revocation,or other termination of Vendor’s right to proceed under the
UCC or this clause,the State determines for any reason that Vendor was not in default or the delay
was excusable,the rights and obligations of the State and Vendor shall be the same as if the notice of
termination had been issued pursuant to termination under §24.
24.Termination in Public Interest.The State is entering into this P0 for the purpose of carrying
out the public interest of the State,as determined by its Governor,General Assembly,or Courts.If
this P0 ceases to further the public interest of the State as determined by its Governor,General
Assembly,or Courts,the State,in its sole discretion,may terminate this P0 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 §23.A determination
that this P0 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 Vendor specifying the
part of this P0 terminated and when termination becomes effective.Upon receipt of notice of
termination,Vendor shall not incur further obligations except as necessary to mitigate costs of
performance.For services or specially manufactured goods,the State shall pay (a)reasonable
settlement expenses,(b)this P0 price or rate for supplies and services delivered and accepted,(c)
reasonable costs of performance on unaccepted supplies and services,and (d)a reasonable profit
for the unaccepted work.For existing goods,the State shall pay (e)reasonable settlement expenses,
(f)the P0 price for goods delivered and accepted,(g)reasonable costs incurred in preparation for
delivery of the undelivered goods,and (h)a reasonable profit for the preparatory work.The State’s
termination liability under this section shall not exceed the total P0 price.As a condition for payment
Page 4 of 19
Effective 12/26/2023
EXHIBITATO ORDINANCE NO.105,2024
under this section,Vendor shall submit a termination proposal and reasonable supporting
documentation,and Cost and pricing data as requested by the State.
25.Funds Availability.Financial obligations of the State payable after the State’s current fiscal
year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made
available.If this P0 is funded in whole or in part with federal funds,this P0 is subject to and
contingent upon the continuing availability of federal funds for the purposes hereof.The State
represents that it has set aside sufficient funds to make payment for goods delivered in a single
installment,in accordance with the temis of this P0.
26.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 §~24-30-1 501,et
seq.No term or condition of this P0 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.
27.Independent Contractor.Vendor shall perform its duties under this P0 as an independent
contractor and not as an employee.Neither Vendor nor any agent or employee of Vendor shall be
deemed to be an agent or employee of the State.Vendor shall not have authorization,express or
implied,to bind the State to any agreement,liablity or understanding,except as expressly set forth
herein.Vendor 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 Vendor or any of its agents or employees.Vendor shall pay when
due all applicable employment taxes,income taxes and local head taxes incurred pursuant to
this P0.Vendor 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.
28.Compliance with Law.Vendor 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.
29.Choice of Law,Jurisdiction and Venue.[Not Applicable to Inter-governmental P05]
Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,
execution,and enforcement of this P0.The UCC shall govern this P0 in the case of goods unless
otherwise agreed in this P0.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
P0 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 P0 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.Vendor shall exhaust
administrative remedies in CRS §24-109-106,prior to commencing any judicial action against the
State.
30.Prohibited Terms.Nothing in this P0 shall be construed as a waiver of any provision of CRS
§24-106-109.Any term included in this P0 that requires the State to indemnify or hold Vendor
harmless;requires the State to agree to binding arbitration;limits Vendor’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.
31.Vendor Offset and Erroneous Payments.[Not Applicable to Inter-governmental P0s or
to POs issued solely for goods]The State Controller may withhold payment under the State’s
Vendor offset intercept system for debts owed to State agencies for:(a)unpaid child support debts or
PageS of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO.105,2024
child support arrearages;(b)unpaid balances of tax,accrued interest,or other charges specified in
CRS §39-21-101,et seq.;(c)unpaid loans due to the Student Loan Division of the Department of
Higher Education;(d)amounts required to be paid to the Unemployment Compensation Fund;and
(e)other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover,at the State’s discretion,payments made to Vendor in error for any
reason,including,but not limited to,overpayments or improper payments,and unexpended or excess
funds received by Vendor by deduction from subsequent payments under this P0,deduction from
any payment due under any other contracts,grants or agreements between the State and Vendor,or
by any other appropriate method for collecting debts owed to the State.
Page 6 of 19
Effective 12/26/2023
EXHIBITATO ORD NANCE NO.105,2024
ADDENDUM 1:
Additional Terms &Conditions for Information Technology
IF ANY PART OF THE SUBJECT MA17ER OF THIS P0 IS INFORMATION TECHNOLOGY,AS DEFINED IN
CRS §24-37.5-102 (2),THE FOLLOWING PROVISIONS ALSO APPLY TO THIS P0.
A.Definitions.The following terms shall be construed and interpreted as follows:(a)“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);(b)“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;(c)“HIPAA”means the federal
Health Information Portability and Accountability Act;(d)“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 §~24-37.5401 et seq.;(e)“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;(f)“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 HIPAA;(g)
“P11”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.“P11”shall also mean “personal identifying information”as set forth
at §24-74-102,et.seq.,C.R.S.;(h)“State Confidential Information”means any and all State
Records not subject to disclosure under the Colorado Open Records Act,CRS §~24-72-200.1,et
seq.(“CORA”),and includes,without limitation,P11,PHI,PCI,Tax Information,CJI,and State
personnel records not subject to disclosure under CORA;(i)“State Records”means any and all
State data,information,and records,regardless of physical form;U)“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.
B.Intellectual Property.Except to the extent specifically provided elsewhere in this P0,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 Vendor in the performance of its obligations under this P0 shall be the
exclusive property of the State (collectively,“State Materials”).Vendor shall deliver all State
Materials to the State upon completion or termination of this P0.The State’s exclusive rights in
any Work Product prepared by Vendor shall include,but not be limited to,the right to copy,
publish,display,transfer,and prepare derivative works.Vendor shall not use,willingly allow,cause
or permit any State Materials to be used for any purpose other than the performance of Vendor’s
Page 7 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO.105,2024
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 Vendor and third party software
licenses and rights to use any Vendor or third party software granted under this P0 and its
attachments to which the State is a party and (b)all amounts payable to Vendor pursuant to this
P0 and its attachments and the State’s obligations under this P0 or to any amounts payable to
Vendor in relation to this P0,which records shall contain sufficient information to permit Vendor to
confirm the State’s compliance with the use restrictions and payment obligations under this P0 or
to any third-party use restrictions to which the State is a party.Vendor retains the exclusive rights,
title and ownership to any and all pre-existing materials owned by or licensed to Vendor 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 Vendor under this P0,
whether incorporated in a deliverable or necessary to use a deliverable (collectively,‘Vendor
Property”).Vendor Property shall be licensed to the State as set forth in a State-approved license
agreement:(c)entered into as exhibits or attachments to this P0,(d)obtained by the State from
the applicable third-party Vendor,or (e)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 (i)requires the State
to indemnify Vendor or any other party,(ii)is in violation of State laws,regulations,rules,fiscal
rules,policies,or other State requirements as deemed solely by the State,or (iii)is contrary to
this P0.
C.License or Use Audit Rights.If this P0 includes any license or other right to use Vendor’s
intellectual property,Vendor shall have the right,at any time during and throughout the term of this
P0,but not more than once during any State fiscal year,to request via written notice in
accordance with the notice provisions of this P0 that the State audit its use of Vendor’s intellectual
property and certify as to its compliance with any applicable license or use restrictions and
limitations contained in this P0 (an “Audit Request”).The Audit Request shall specify the time
period to be covered by the audit,which shall not include any time periods covered by a previous
audit.The State shall complete the audit and provide certification of its compliance to Vendor
(“Audit Certification”)within 120 days following the State’s receipt of the Audit Request.If upon
receipt of the State’s Audit Certification,the parties reasonably determine that:(a)the State’s use
of licenses,use of software,use of programs,or any other use of intellectual property during the
audit period exceeded the use restrictions and limitations contained in this P0 (a0veruse~)and (b)
the State would have been or is then required to purchase additional rights to use Vendor’s
intellectual property (“Additional Rights”),Vendor shall provide written notice to the State in
accordance with the notice provisions of this P0 identifying any Overuse or required Additional
Rights and request that the State bring its use into compliance with such use restrictions and
limitations.Notwithstanding anything to the contrary in this P0,or incorporated as a part of
Vendor’s or any subcontractor’s website,click-through or online agreements,third-party
agreements,or any other documents or agreements between the parties,the State shall not be
liable for the costs associated with any Overuse or Additional Rights,during the audit period
regardless of whether the State may have been notified in advance of such costs.
D.Vendor Records.Vendor shall maintain a file of all documents,records,communications,
notes,and other materials relating to the work (the ‘Vendor Records”).Vendor Records shall
include all documents,records,communications,notes and other materials maintained by Vendor
that relate to any work performed by Subcontractors,and Vendor shall maintain all records related
to the work performed by Subcontractors required to ensure proper performance of that work.
Unless a longer period is required in this P0 or any attachment or exhibit to this P0,Vendor shall
maintain Vendor Records until the last to occur of:(a)the date 3 years after the date this
Page 8 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO.105,2024
Purchase Order expires or is terminated,(b)final payment under this Purchase Order is made,(c)
the resolution of any pending Purchase Order matters,or (d)if an audit is occurring,or Vendor
has received notice that an audit is pending,the date such audit is completed and its findings
have been resolved (the “Record Retention Period”).Vendor 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 Vendor Records during the Record Retention Period.
Vendor shall make Vendor Records available during normal business hours at Vendor’s office or
place of business,or at other mutually agreed upon times or locations,upon no fewer than 2
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 Vendor’s performance of its obligations under this Purchase Order using procedures as
determined by the State.The State shall monitor Vendor’s performance in a manner that does not
unduly interfere with Vendor’s performance of the work.Vendor shall promptly submit to the State
a copy of any final audit report of an audit performed on Vendor’s records that relates to or affects
this Purchase Order or the work,whether the audit is conducted by Vendor or a third party.
E.Information Confidentiality.Vendor shall keep confidential,and cause all subcontractors to
keep confidential,all State Records,unless those State Records are publicly available.Vendor
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 P0,
permitted by law,or approved in writing by the State.Vendor shall provide for the security of all
State Confidential Information in accordance with all applicable laws,rules,policies,publications,
and guidelines.If Vendor or any of its subcontractors will or may have access to any State
Confidential Information or any other protected information,Vendor 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
htt.:•it.color-do.’ov -ndards-’olicies ‘uid-technical-andards •olicie ,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 Vendor’s performance under this P0.Such obligations may arise from HIPAA;IRS Publication
1075;Payment Card Industry Data Security Standard (PCI-DSS);Federal Bureau of Investigation
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.Vendor shall immediately forward
any request or demand for State Records to the State’s purchasing agent.
F.Other Entity Access and Nondisclosure Agreements.Vendor 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 P0.Vendor shall ensure
all such agents,employees,assigns,and subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this P0,and that the nondisclosure
provisions are in force at all times the agent,employee,assign or subcontractor has access to any
State Confidential Information.Vendor shall provide copies of those signed nondisclosure
provisions to the State upon execution of the nondisclosure provisions if requested by the State.
G.Use,Security,and Retention.Vendor shall use,hold,and maintain State Confidential
Information in compliance with 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.Vendor shall provide the State with access,subject to Vendor’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
Page 9 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO.105,2024
termination of this P0,Vendor shall return State Records provided to Vendor or destroy such
State Records and certify to the State that it has done so,as directed by the State.If Vendor is
prevented by law or regulation from returning or destroying State Confidential Information,Vendor
warrants it will guarantee the confidentiality of,and cease to use,such State Confidential
Information.
H.Incident Notice and Remediation.If Vendor 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 Vendor can establish
none of Vendor or any of its agents,employees,assigns,or subcontractors are the cause or
source of the Incident,Vendor shall be responsible for the cost of notifying each person who may
have been impacted by the Incident.After an Incident,Vendor 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 Vendor shall make all modifications as directed by the State.If Vendor 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 Vendor shall reimburse the State for the
reasonable actual costs thereof.
I.Data Protection and Handling.Vendor shall ensure that all State Records and Work Product
in the possession of Vendor or any subcontractors are protected and handled in accordance with
the requirements of this P0 at all times.Upon request by the State made any time prior to 60 days
following the termination of this P0 for any reason,whether or not this P0 is expiring or
terminating,Vendor 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 system schema and transformation definitions,or
delimited text files with documents,detailed schema definitions,and attachments in its native
format.Upon the termination of Vendor’s services under this P0,Vendor shall,as directed by the
State,return all State Records provided by the State to Vendor,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 Vendor prevent Vendor from returning or destroying all or part of the
State Records provided by the State,Vendor shall guarantee the confidentiality of all State
Records in Vendor’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
Vendor’s infrastructure at its sole discretion and at any time.
J.Compliance with 01$Policies and Procedure.Vendor shall review,on a semi-annual basis,
all Colorado Office of Information Security (“OIS”)policies and procedures which 015 has
promulgated pursuant to CRS §~24-37.5-401 through 406 and 8 CCR §1501-5 and posted at
https://oit.colorado.gov/standards-DoIicies-yuides/technical-Standards-pOlicies,to ensure
compliance with the standards and guidelines published therein.Vendor shall cooperate,and shall
cause its subcontractors to cooperate,with the performance of security audit and penetration tests
by OIS or its designee.
K.Safeguarding P11.If Vendor or any of its subcontractors will or may receive P11 under this P0,
Vendor shall provide for the security of such P11,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.Vendor shall be a
“Third-Party Service Provider”as defined in CR5 §24-73-103(1 )(i)and shall maintain security
procedures and practices consistent with CRS §~24-73-1 01.In addition,as set forth in §
24-74-102,et.seq.,C.R.S.,Contractor,including,but not limited to,Contractor’s employees,
Page 10 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO.105,2024
agents and Subcontractors,agrees not to share any P11 with any third parties for the purpose of
investigating for,participating in,cooperating with,or assisting with Federal immigration
enforcement.If Contractor is given direct access to any State databases containing P11,Contractor
shall execute,on behalf of itself and its employees,the certification -m e •-
Form or P11 Entity Certification Form [Download form from Hyperlink]on an annual basis and
Contractor’s duty and obligation to certify shall continue as long as Contractor has direct access to
any State databases containing P11.If Contractor uses any Subcontractors to perform services
requiring direct access to State databases containing P11,the Contractor shall require such
Subcontractors to execute and deliver the certification to the State on an annual basis,so long as
the Subcontractor has access to State databases containing P11.
L.Software Piracy Prohibition.State or other public funds payable under this P0 shall not be
used for the acquisition,operation,or maintenance of computer software in violation of federal
copyright laws or applicable licensing restrictions.Vendor hereby certifies and warrants that,
during the term of this P0 and any extensions,Vendor has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds.If the State determines that
Vendor is in violation of this provision,the State may exercise any remedy available at law or in
equity or under this P0,including,without limitation,immediate termination of this P0 and any
remedy consistent with federal copyright laws or applicable licensing restrictions.
M.Information Technology.To the extent that Vendor provides physical or logical storage of
State Records;Vendor creates,uses,processes,discloses,transmits,or disposes of State
Records;or Vendor is otherwise given physical or logical access to State Records in order to
perform Vendor’s obligations under this P0,Vendor shall,and shall cause its subcontractors,to:
(a)provide physical and logical protection for all hardware,software,applications,and data that
meets or exceeds industry standards and the requirements of this P0;(b)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;(c)comply with State and federal rules and
regulations related to overall security,privacy,confidentiality,integrity,availability,and auditing;(d)
provide that security is not compromised by unauthorized access to workspaces,computers,
networks,software,databases,or other physical or electronic environments;(e)promptly report all
Incidents,including Incidents that do not result in unauthorized disclosure or loss of data integrity,
to a designated representative of the OlS;and (f)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
httDs://oit.colorado.ciov/standards-Dolicies-puides/technical-standards-policies.Vendor shall not
allow remote access to State Records from outside the United States,including access by
Vendor’s employees or agents,without the prior express written consent of OIS.Vendor shall
communicate any request regarding non-U.S.access to State Records to the State.The State,
acting by and through OlS,shall have sole discretion to grant or deny any such request.
N.Accessibility.Vendor shall comply with and the Work Product provided under this P0 shall
be in compliance with all applicable provisions of §~24-85-1O1,et seq.,C.R.S.,and
the Accessibility Standards for Individuals with a Disability,as established by OlT pursuant to
Section §24-85-1 03 (2.5),C.R.S.Vendor 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.Vendor 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 Vendor’s
failure to comply with §~24-85-1 01,et seq.,C.R.S.,or the Accessibility Standards for Individuals
Page 11 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO.105,2024
with a Disability as established by OIT pursuant to Section §24-85-103 (2.5),C.R.S.The State
may require Vendor’s compliance to the State’s Accessibility Standards to be determined by a
third party selected by the State to attest to Vendor’s Work Product and software is in compliance
with §~24-85-1 01,et seq.,C.R.S.,and the Accessibility Standards for Individuals with a Disability
as established by OIT pursuant to Section §24-85-1 03 (2.5),C.R.S.
Page 12 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO.105,2024
ADDENDUM 2:
Additional Terms &Conditions for Federal Provisions
IF ANY PART OF THIS P0 HAS BEEN FUNDED,IN WHOLE OR IN PART,WITH FEDERAL
FUNDS,THE FOLLOWING PROVISIONS SHALL ALSO APPLY TO THIS P0.
1.APPLICABILITY OF PROVISIONS.
1.1.The Contract or Purchase Order 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 Contract or Purchase
Order,or any attachments or exhibits incorporated into and
made a part of the Contract or Purchase Order,the provisions
of these Federal Provisions shall control.
2.COMPLIANCE.
2.1.Contractor shall comply with all applicable provisions of
the Transparency Act,all applicable provisions of the Uniform
Guidance,and the regulations issued pursuant thereto,
including but not limited to these federal Provisions.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 may provide written notification to
Contractor of such revisions,but such notice shall not be a
condition precedent to the effectiveness of such revisions.
3.SYSTEM FOR AWARD MANAGEMENT (SAM)AND UNIQUE ENTITY ID REQUIREMENTS.
3.1.SAM.Contractor shall maintain the currency of its
information in SAM until the Contractor submits the final
financial report required under the Award or receives final
payment,whichever is later.Contractor shall review and
update SAM information at least annually after the initial
registration,and more frequently if required by changes in its
information.
3.2.Unique Entity ID.Contractor shall provide its Unique Entity
ID to its Recipient,and shall update Contractor’s information
at http://www.sam.gov at least annually after the initial
registration,and more frequently if required by changes in
Contractor’s information.
4.CONTRACT PROVISIONS REQUIRED BY UNIFORM GUIDANCE APPENDIX II TO PART 200.
Page 13 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO.105,2024
4.1.Contracts for more than the simplified acquisition
threshold,which is the inflation adjusted amount determined
by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils)as authorized by
41 U.S.C.1908,must address administrative,contractual,or
legal remedies in instances where contractors violate or
breach contract terms,and provide for such sanctions and
penalties as appropriate.The simplified acquisitions threshold
is $250,000
4.2.All contracts in excess of $10,000 must address
termination for cause and for convenience by the
non-Federal entity including the manner by which it will be
effected and the basis for settlement.
4.3.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 must 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.”
Page 14 of 19
Effective 12/26/2023
EXHIBITATO ORDINANCE NO.105,2024
4.4.Davis-Bacon Act,as amended (40 U.S.C.3141-3148).
When required by Federal program legislation,all prime
construction contracts in excess of $2,000 awarded by
non-Federal entities must include a provision for compliance
with the Davis-Bacon Act (40 U.S.C.3141-3144,and
3146-3148)as supplemented by Department of Labor
regulations (29 CFR Part 5,“Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and
Assisted Construction”).In accordance with the statute,
contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of
Labor.In addition,contractors must be required to pay wages
not less than once a week.The non-Federal entity must place
a copy of the current prevailing wage determination issued by
the Department of Labor in each solicitation.The decision to
award a contract or subcontract must be conditioned upon
the acceptance of the wage determination.The non-Federal
entity must report all suspected or reported violations to the
Federal awarding agency.The contracts must also include a
provision for compliance with the Copeland “Anti-Kickback”
Act (40 U.S.C.3145),as supplemented by Department of
Labor regulations (29 CFR Part 3,“Contractors and
Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States”).
The Act provides that each contractor or subrecipient must be
prohibited from inducing,by any means,any person
employed in the construction,completion,or repair of public
work,to give up any part of the compensation to which he or
she is otherwise entitled.The non-Federal entity must report
all suspected or reported violations to the Federal awarding
agency.
Page 15 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO.105.2024
4.5.Contract Work Hours and Safety Standards Act (40
U.S.C.3701-3708).Where applicable,all contracts awarded
by the non-Federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C.3702 and 3704,as
supplemented by Department of Labor regulations (29 CFR
Part 5).Under 40 U.S.C.3702 of the Act,each contractor
must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40
hours.Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate
of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week.The
requirements of 40 U.S.C.3704 are applicable to construction
work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions
which are unsanitary,hazardous or dangerous.These
requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market,
or contracts for transportation or transmission of intelligence.
4.6.Rights to Inventions Made Under a Contract or
Agreement.If the Federal award meets the definition of
“funding agreement”under 37 CFR §401.2 (a)and the
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 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 awarding agency.
4.7.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 award 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).
Page 16 of 19
Effective 12/26/2023
EXHIBITATO ORDINANCE NO.105,2024
4.8.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 the System for Award Management (SAM),in accordance
with the 0MB 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.
4.9.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.
4.10.Prohibition on certain telecommunications and video
surveillance services or equipment §2 CFR 200.216
4.10.1.Recipients and sub recipients are prohibited from obligating or expending loan or
grant funds to:
4.10.1.1.Procure or obtain;
4.10.1.2.Extend or renew a contract to procure or obtain;or
4.10.1.3.Enter into a contract (or extend a contract)to procure or obtain equipment,
services,or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system,or as critical technology as part of
any system.As described in Public Law 115-232,section 889,covered
telecommunications equipment is te ecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such
entities).
4.11.Contracts with small and minority businesses,
women’s business enterprises,and labor surplus area
firms.(2 CFR §200.321).The non-Federal entity must take
all necessary affirmative steps to assure that minority
businesses,women’s business enterprises,and labor surplus
area firms are used when possible.
4.12.Domestic preferences for procurements.(2 CFR
§200.322)As appropriate and to the extent consistent with
law,the non-Federal entity should,to the greatest extent
Page 17 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO.105,2024
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.
4.13.Procurement of recovered materials.(2 CFR §200.323)
A non-Federal entity that is a state agency or agency of a
political subdivision of a state and 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.
5.TERMINATION FOR CONVENIENCE OF ThE GOVERNMENT
5.1.Pursuant to §4.2 of these Federal Provisions,the State of
Colorado may terminate this contract,in whole or in part,
when it is in the Government’s interest.Solicitations and
contracts shall include clauses as required by FAR 49.502
(2023).Termination for convenience of the government shall
comply with the following provisions of the Federal
Acquisition Regulations:
5.1.1.For Fixed Price Contracts:FAR 52.249-2 (2023)
5.1.2.For Contracts for Personal Services:FAR 52.249-12 (2023)
5.1.3.For Construction Contracts for Dismantling,Demolition,or Removal of Improvements:
FAR 52.249-3 (2023)
5.1.4.For Educational and Other Nonprofit Institutions:FAR 52.249-5 (2023)
6.EVENT OF DEFAULT.
6.1.Failure to comply with these Federal Provisions shall
constitute an event of default under the Contract and the
State of Colorado may terminate the Contract 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 Contract,at law
or in equity.
Page IX of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO.105,2024
Page 19 of 19
Effective 12/26/2023