HomeMy WebLinkAbout10010ORDINANCE NO. 10010
AN ORDINANCE APPROVING AND ACCEPTING A GRANT
AGREEMENT AND APPLICABLE CONDITIONS PERTAINING
THERETO WITH THE COLORADO DEPARTMENT OF
TRANSPORTATION (CDOT) FOR THE “A STEP TOWARDS
REDUCING TRAFFIC FATALITIES” GRANT, IN THE AMOUNT
OF $75,000, FROM OCTOBER 1ST, 2021 THROUGH
SEPTEMBER 30TH, 2022, ESTABLISHING PROJECT NUMBER
PS2109, BUDGETING AND APPROPRIATING FUNDS INTO
PROJECT PS2109, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo,
including its Police Department, to accept funding from the State of Colorado for public and
municipal purposes; and
WHEREAS, the Colorado Department of Transportation has tendered a Grant Agreement
and award (the “Agreement”) for the 2021-2022 “A Step Towards Reducing Traffic Fatalities”
Speed Enforcement funding in an initial amount of $75,000 upon conditions recited therein or
incorporated therein by reference; and
WHEREAS, the State has made additional awards of funds in the past under previous
grant agreements and the Police Department anticipates the award of additional funds in the
future pursuant to this agreement if the same are made available by the State; and
WHEREAS, acceptance of the funding for the purposes for which it has been made is in
the best interest of the City and will benefit the health, welfare, and safety of the citizens of the
City; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Grant Agreement between the City of Pueblo, a Municipal Corporation, and the State
of Colorado Department of Transportation for the 2021-2022 “A Step Towards Reducing Traffic
Fatalities” grant, a true copy of which is attached hereto, having been approved as to form by the
City Attorney, is hereby approved and accepted in accordance with its terms and conditions.
SECTION 2.
The Mayor is hereby authorized to execute the Grant Agreement in the name of and on
behalf of the City, and the City Clerk shall affix the Seal of the City to the Grant Agreement and
attest the same.
SECTION 3.
The Police Department is empowered to apply for and accept additional grant awards
pursuant to the Grant Agreement as those funds are made available by the State.
SECTION 4.
Project Number PS2109 is hereby established in the Public Safety Grants Fund. All
current and future funds accepted under this ordinance shall be budgeted and appropriated into
Project Number PS2109 by the Finance Department. Said funds shall only be expended and
used for this Project.
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts consistent with
the intent of this Ordinance to implement the policies and procedures described herein.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
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SIGNATURE PAGE TO FOLLOW)
City Clerk’s Office Item # R-2
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: September 13, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Chris Noeller, Chief of Police
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A GRANT AGREEMENT AND
APPLICABLE CONDITIONS PERTAINING THERETO WITH THE COLORADO
DEPARTMENT OF TRANSPORTATION (CDOT) FOR THE “A STEP TOWARDS
REDUCING TRAFFIC FATALITIES” GRANT, IN THE AMOUNT OF $75,000,
FROM OCTOBER 1ST, 2021 THROUGH SEPTEMBER 30TH, 2022,
ESTABLISHING PROJECT NUMBER PS2109, BUDGETING AND
APPROPRIATING FUNDS INTO PROJECT PS2109, AND AUTHORIZING THE
MAYOR TO EXECUTE SAME
SUMMARY:
The Colorado Department of Transportation (CDOT) has informed the Pueblo Police Department
that funds are available for “A Step Towards Reducing Traffic Fatalities” grant. The term of this
stth
grant covers the period from October1, 2021 through September 30, 2022.
PREVIOUS COUNCIL ACTION:
Previous grants of this nature have routinely been approved each year.
BACKGROUND:
This grant, if approved, will allow the Pueblo Police Department to increase its efforts in speed
enforcement. We anticipate that a continued enforcement presence will be needed to have a
long-lasting impact on those who fail to abide by posted speed limits. We have responded to
many serious injury or fatal accidents where speed is a factor and CDOT funding will allow the
dedication of full-time officers to address these issues.
FINANCIAL IMPLICATIONS:
This grant will require staff time for project management and reporting. This grant also pays 100%
of eligible expenses and requires no grant match. Costs associated with this grant will be paid
for through the Public Safety Grant fund.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
There is no stakeholder process required for this grant.
ALTERNATIVES:
Decline the CDOT Grant offer.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
State of Colorado Subaward Agreement
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on September 13, 2021 .
Final adoption of Ordinance by City Council on September 27, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on September 29, 2021 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
Deputy City Clerk
STATE OF COLORADO SUBAWARD AGREEMENT
COVER PAGE
State Agency Agreement Number/PO Number
Department of Transportation 22-HTS-ZL-00005/491002707
Subrecipient Agreement Performance Beginning Date
CITY OF PUEBLO PUEBLO POLICE DEPARTMENT The later of the Effective Date or October 01, 2021
Initial Agreement Expiration Date
September 30, 2022
Subaward Agreement Amount
Fund Expenditure End Date
September 30, 2022
Current Agreement Encumbered Total
Agreement Authority
Authority to enter into this Agreement exists in CRS
$75,000.00
§§24-42-101, 24-42-103, 43-1-104, 43-1-106, 43-1-
110, 43-5-401, appropriated and otherwise made
available pursuant to the FAST ACT, MAP-21,
SAFETEA_LU, 23 USC Chapter 4.
Agreement Purpose
NHTSA Grant funds awarded to agencies, organizations, and tribal governments within the State of Colorado that
provide programs, projects, services, and strategies that are intended to reduce the number of deaths and serious injuries
resulting from traffic crashes on Colorado roads.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A Statement of Work and Budget.
2. Exhibit B Sample Option Letter.
3. Exhibit C Federal Provisions.
4. Exhibit D Additional Program Requirements.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or
inconsistency shall be resolved by reference to the documents in the following order of priority:
1. Exhibit C Federal Provisions, and Exhibit D Additional Program Requirements.
2. Colorado Special Provisions in §17 of the main body of this Agreement.
3. The provisions of the other sections of the main body of this Agreement.
4. Exhibit A Statement of Work and Budget.
5. Executed Option Letters (if any).
Principal Representatives
For the State: For Subrecipient:
Robin Rocke Sgt Michael Sincerbox
Division of Transit and Rail CITY OF PUEBLO
Colorado Dept. of Transportation PUEBLO POLICE DEPARTMENT
2829 W. Howard Place 200 S MAIN STREET
Denver, CO 80204 PUEBLO, CO 81003
Robin.Rocke@state.co.us msincerbox@pueblo.us
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SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this
Agreement and to bind the Party authorizing such signature.
SUBRECIPIENT STATE OF COLORADO
Jared S. Polis, Governor
CITY OF PUEBLO
Department of Transportation
Shoshana M. Lew, Executive Director
PUEBLO POLICE DEPARTMENT
__________________________________________
By: Stephen P. Harelson, P.E., Chief Engineer
__________________________________________
Date: _________________________
__________________________________________
By: Print Name of Authorized Individual
Date: _________________________
2nd State or Subrecipient Signature if needed
LEGAL REVIEW
Philip J. Weiser, Attorney General
__________________________________________ __________________________________________
By: Assistant Attorney General
__________________________________________
By: Print Name of Authorized Individual
Date: __________________________
Date: _________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Department of Transportation
Effective Date:_____________________
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TABLE OF CONTENTS
1. PARTIES................................................................................................................................................. 3
2. TERM AND EFFECTIVE DATE .......................................................................................................... 3
3. DEFINITIONS ........................................................................................................................................ 4
4. STATEMENT OF WORK AND BUDGET ........................................................................................... 6
5. PAYMENTS TO SUBRECIPIENT ........................................................................................................ 6
6. REPORTING - NOTIFICATION ........................................................................................................... 8
7. SUBRECIPIENT RECORDS ................................................................................................................. 9
8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................. 10
9. CONFLICTS OF INTEREST ............................................................................................................... 11
10. INSURANCE ........................................................................................................................................ 11
11. BREACH OF AGREEMENT ............................................................................................................... 13
12. REMEDIES ........................................................................................................................................... 13
13. DISPUTE RESOLUTION .................................................................................................................... 14
14. NOTICES and REPRESENTATIVES .................................................................................................. 15
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 15
16. GENERAL PROVISIONS .................................................................................................................... 15
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 17
1. PARTIES
This Agreement is entered into by and between Subrecipient named on the Cover Page for this Agreement (the
SubrecipientState agency named on the Cover
Page for this Agreement (the Subrecipient and the State agree to the terms and conditions in this
Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be
expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall
not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to
pay Subrecipient for any Work performed or expense incurred before the Effective Date, except as described
in §0, or after the Fund Expenditure End Date.
B. Initial Term
Agreement shall commence on the Agreement Performance
Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement
unless sooner terminated
or further extended in accordance with the terms of this Agreement.
C. Extension Terms -
The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the
Initial Term for a period, or for successive periods, of one year or more, or one year or less at the same rates
and under the same terms specified in this A. In order to
exercise this option, the State shall provide written notice to Subrecipient in a form substantially equivalent
to the Sample Option Letter attached to this Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at
its discretion, upon written notice to Subrecipient in a form substantially equivalent to the Sample Option
Letter attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period
not to exceed two months
are available or not. The provisions of this Agreement in effect when such notice is given shall remain in
effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon
execution of a replacement Agreement or modification extending the total term of this Agreement.
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E. Early Termination in the Public Interest
The State is entering into this Agreement toservethe public interestof the State of Colorado as determined
by its Governor, General Assembly, orCourts.If this Agreement ceases to further the public interestof the
State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this
Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of
Agreement by Subrecipient, which shall be governed by §0.
i. Method and Content
The State shall notify Subrecipient of such termination in accordance with §Error! Reference source not
found.. The notice shall specify the effective date of the termination and whether it affects all or a portion
of this Agreement, and shall include, to the extent practicable, the public interest justification for the
termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Subrecipient shall be subject
to the rights and obligations set forth in §0.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Subrecipient an amount
equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Subrecipient for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Subrecipient which are directly attributable to the
uncompleted portion of obligations, provided that the sum of any and all reimbursement
shall not exceed the Subaward Maximum Amount payable to Subrecipient hereunder.
F.
Subrecipient may request termination of this Agreement 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 Agreement is terminated in this manner, then Subrecipient shall return any
advanced payments made for work that will not be performed prior to the effective date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. Agreement
by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. Award
The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of
the Federal Award specifically indicate otherwise.
C. Breach of Agreement means the failure of a Party to perform any of its obligations in accordance with
this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under
any bankruptcy, insolvency, reorganization or similar law, by or against Subrecipient, or the appointment of
a receiver or similar officer for Subrecipient or any of its property, which is not vacated or fully stayed within
30 days after the institution of such proceeding, shall also constitute a breach. If Subrecipient is debarred or
suspended under §24-109-105, C.R.S. at any time during the term of this Agreement, then such debarment
or suspension shall constitute a breach.
D. Budget
E. Business Dayother than Saturday, Sunday, or a legal holiday as listed in §24-11-101(1),
C.R.S.
F. CORA-72-200.1, et seq., C.R.S.
G. Deliverable
by Subrecipient.
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H. Effective Date
Controller or designee, as shown on the Signature Page for this Agreement.
I. End of Term Extension§0.
J. ExhibitsAgreement as shown on the Cover Page
for this Agreement.
K. Extension Terme period defined in §0.
L. Federal Award-reimbursement contract, under
the Federal Acquisition Regulations or by a formula or block grant, by a Federal Awarding Agency to the
Award. The term does not include payments to a Subrecipient or payments to an individual that is a
beneficiary of a Federal program.
M. Federal Awarding AgencyNational
Highway Traffic Safety Administration (NHTSA) is the Federal Awarding Agency for the Federal Award
which is the subject of this Agreement.
N. Goods
Agreement and shall include any movable material acquired, produced, or delivered by Subrecipient in
connection with the Services.
O. Grant Funds
available for payment by the State under this Agreement.
P. Incidentthat results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or
information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et
seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State
system or State Records regardless of where such information is located; (ii) unwanted disruption or denial
of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes
or consent.
Q. Initial Termfined in §0.
R. Matching Fundsby Subrecipient as a match
required to receive the Grant Funds and includes in-kind contribution.
S. NHTSA means National Highway Traffic Safety Administration.
T. Party
U. PIIincluding, without limitation, any information maintained
records. PII includes,
but is not limited to, all information defined as personally identifiable information in §§24-72-501 and
24-73-101, C.R.S.
V. Recipients of this Agreement, for the
purposes of this Federal Award.
W. Services
include any services to be rendered by Subrecipient in connection with the Goods.
X. State Confidential Informations any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include but is not limited to PII and State personnel records not subject
to disclosure under CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Subrecipient which (i) is subject to disclosure pursuant
to CORA; (ii) is already known to Subrecipient without restrictions at the time of its disclosure to
Subrecipient; (iii) is or subsequently becomes publicly available without breach of any obligation owed by
Subrecipient to the State; (iv) is disclosed to Subrecipient, without confidentiality obligations, by a third party
who has the right to disclose such information; or (v) was independently developed without reliance on any
State Confidential Information.
Y. State Fiscal Rulese fiscal rules promulgated by the Colorado State Controller pursuant to
§24-30-202(13)(a), C.R.S.
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Z. State Fiscal Year-month period beginning on July 1 of each calendar year and ending on June
30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal
Year ending in that calendar year.
AA. State Records
BB. Subaward Maximum AmountAgreement.
CC. Subcontractorany third party engaged by Subrecipient to aid in performance of the Work.
-recipients of Grant Funds.
DD. Subrecipient-Federal entity that receives a sub-award from a Recipient to carry out part of a
Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient may
also be a recipient of other Federal Awards directly from a Federal Awarding Agency.
EE. Uniform Guidancee Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the
-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.
FF. Work
GG. Work Productwhether 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
Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be
construed and interpreted as defined in that section.
4. STATEMENT OF WORK AND BUDGET
Subrecipient shall complete the Work as described in this Agreement and in accordance with the provisions of
Exhibit A. The State shall have no liability to compensate Subrecipient for the delivery of any goods or the
performance of any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO SUBRECIPIENT
A. Subaward Maximum Amount.
Payments to Subrecipient are limited to the unpaid, obligated balance of the Grant Funds. The State shall not
pay Subrecipient any amount under this Agreement that exceeds the Subaward Maximum Amount shown on
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and other
conditions set forth in Exhibit A.
b. Subrecipient shall initiate payment requests by invoice to the State, in a form and manner approved
by the State.
c. Any advance payment allowed under this Agreement, shall comply with State Fiscal Rules and be
made in accordance with the provisions of this Agreement and its Exhibits. Eligibility and
submission for advance payment is subject to State approval and must include approved
documentation in the form and manner set forth and approved by the State.
d. The State shall pay each invoice within 45 days following
as the amount invoiced correctly represents Work completed by Subrecipient and previously
accepted by the State during the term that the invoice covers. If the State determines that the amount
of any invoice is not correct, then Subrecipient shall make all changes necessary to correct that
invoice.
e. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables
provided under this Agreement.
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ii. Interest
Amounts not paid by the State within 45 days shall bear interest
on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by
§24-30-202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid
amounts that the State disputes in writing. Subrecipient shall invoice the State separately for accrued
interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of
days interest to be paid and the interest rate.
iii. Payment Disputes
If Subrecipient disputes any calculation, determination or amount of any payment, Subrecipient shall
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 Subrecipient and may make changes to its
determination based on this review. The calculation, determination or payment amount that results from
ection. No payment subject to
a dispute under this subsection shall be due until after the State has concluded its review, and the State
shall not pay any interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Subrecipient 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, obligation to pay Subrecipient 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,
remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in
whole or in part, without incurring further liability. The State shall, however, remain obligated to pay
for Services and Goods that are delivered and accepted prior to the effective date of notice of termination,
and this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §0.
v. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State
to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period, as defined below.
C. Increase or Decrease
The State, at its discretion, shall have the option to increase or decrease the maximum amount payable
hereunder, by increasing or decreasing the quantity of goods/services described in Exhibit A at the same rates
and under the same terms specified in this Agreement. In order to exercise this option, the State shall provide
written notice to Grantee in a form substantially equivalent to Exhibit B prior to the end of the current
Agreement term. Delivery of Goods and performance of Services shall continue at the same rates and terms
as described in the Agreement.
D. Matching Funds
Subrecipient shall provide Matching Funds as provided in Exhibit A. Subrecipient shall have raised the full
amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of
such funds upon request. SubrecipientMatching Funds, whether
direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement
by the authorized representatives of Subrecipient and paid into Subrecipient or bank account.
Subrecipient represents to the State that the amount deSubrecipient Exhibit
A has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid
into its treasury or bank account. Subrecipient 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 Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees,
taxes or penalties of any nature, except as required by Subrecipient policies.
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E. Reimbursement of Subrecipient Costs
i.The State shall reimburse Subrecipientfor the federal share of properly documented allowable costs
related to the Work after review and approval thereof, subject to the provisions of §5, this Agreement
and Exhibit A. However, any costs incurred by Subrecipient prior to the Effective Date shall not be
reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding
is retroactive. The State shall pay Subrecipient for costs or expenses incurred or performance by the
Subrecipient prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2)
federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the
Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be made in
accordance with the provisions of this Agreement.
ii. The State shall reimburse SubrecipientSubaward Maximum
Amount shown on the Cover Page of this Agreement and on Exhibit A for all allowable costs described
in this Agreement and shown in Exhibit A. Except as provided in §5.E., Subrecipient may adjust the
amounts between each line item of Exhibit A without formal modification to this Agreement as long as
the Subrecipient provides notice to the State of the change, the change does not modify the Subaward
Maximum Amount or the Subaward Maximum Amount for any federal fiscal year or State Fiscal Year,
and the change does not modify any requirements of the Work.
iii. 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 for the Goods and Services provided; and
b. Equal to the actual net cost to Subrecipient (i.e. the price paid minus any items of value received by
Subrecipient that reduce the cost actually incurred).
iv. costs for Work performed after the Fund Expenditure End Date shown on the Cover Page
for this Agreement, or after any phase performance period end date for a respective phase of the Work,
shall not be reimbursable. Subrecipient shall initiate any payment request by submitting invoices to the
State in the form and manner set forth and approved by the State.
F. Use of Funds, Budget Adjustments
Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Subrecipient may
adjust budgeted expenditure amounts up to 10% between activities of said Budget without approval of the
State. Budget adjustments to activities exceeding 10% but less than 24.99% must be submitted in advance of
actual cost and receive written State approval, which approval may be transmitted informally by email or
such other means that does not rise to the level of an amendment to this Agreement. A budget revision of
Exhibit A will be issued by the State with any such adjustment. Adjustments in excess of 24.99% for any
activity shall be authorized by the State in an amendment to this Agreement which may also require an
amendment to Exhibit A. Budget adjustments shall not increase the
Subaward Maximum Amount without an amendment to this Agreement.
G. Close-Out
Subrecipient shall close out this Award within 45 days after the Fund Expenditure End Date shown on the
Cover Page for this Agreement. To complete close-out, Subrecipient shall submit to the State all Deliverables
(including documentation) as defined in this Agreement and Subrecipient
invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and
accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal
Award within one year and 90 days after the Fund Expenditure End Date shown on the Cover Page for this
Agreement due to SubrecipientSubrecipient may be
prohibited from applying for new Federal Awards through the State until such documentation is submitted
and accepted.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer
than three months, Subrecipient shall submit, on a quarterly basis, a written report specifying progress made
for each specified performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
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to the State not later than five Business Days following the end of each calendar quarter or at such time as
otherwise specified by the State.
B.Litigation Reporting
If Subrecipient 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
ithin 10
days after being served, notify the State of such action and deliver copies of such pleading or document to
the S
C. Performance and Final Status
Subrecipient shall submit all financial, performance and other reports to the State no later than 45 calendar
days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term
D. Violations Reporting
Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all
violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting
the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance
allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or
debarment.
7. SUBRECIPIENT RECORDS
A. Maintenance
Subrecipient 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 and the delivery of Services (including, but not
.
Subrecipient shall maintain such records for a 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
claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record
Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action
taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit,
oversight or indirect costs, and the State, may notify Subrecipient in writing that the Record Retention Period
shall be extended. For records for real property and equipment, the Record Retention Period shall extend
three years following final disposition of such property.
B. Inspection
Subrecipient 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 Subrecipient Records during
the Record Retention Period. Subrecipient shall make Subrecipient Records available during normal business
e State determines that a shorter period of
notice, or no notice, is necessary to protect the interests of the State.
C. Monitoring
The State, the federal government, and any other duly authorized agent of a governmental agency, in its
discretion, may monitor procedures
as determined by the State or that governmental entity. Subrecipient shall allow the State to perform all
monitoring required by the Uniform Guidance, based on the Sta
Agreement. The State shall have the right, in its sole discretion, to change its monitoring procedures and
requirements at any time during the term of this Agreement. The State shall
performance in a manner that does not unduly interfere with performance of the Work.
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D. Final Audit Report
Subrecipient shall promptly submit to the State a copy of any final audit report of an audit performed on
ates to or affects this Agreement or the Work, whether the audit is conducted
by Subrecipient or a third party. Additionally, if Subrecipient is required to perform a single audit under 2
CFR 200.501, et seq., then Subrecipient shall submit a copy of the results of that audit to the State within the
same timelines as the submission to the federal government.
8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State Records,
unless those State Records are publicly available. Subrecipient 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.
Subrecipient shall provide for the security of all State Confidential Information in accordance with all
applicable laws, rules, policies, publications, and guidelines. Subrecipient shall immediately forward any
request or demand for State Records to the
this Agreement.
B. Other Entity Access and Nondisclosure Agreements
Subrecipient 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.
Subrecipient shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Subrecipient shall provide copies of those signed nondisclosure provisions to the
State upon execution of the nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Subrecipient 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. Subrecipient shall provide the
monitoring access and use of State Confidential Information and evaluating security control effectiveness.
Upon the expiration or termination of this Agreement, Subrecipient shall return State Records provided to
Subrecipient or destroy such State Records and certify to the State that it has done so, as directed by the State.
If Subrecipient is prevented by law or regulation from returning or destroying State Confidential Information,
Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
D. Incident Notice and Remediation
If Subrecipient becomes aware of any Incident, Subrecipient 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 Subrecipient can establish that Subrecipient, and its agents, employees, and
Subcontractors are not the cause or source of the Incident, Subrecipient shall be responsible for the cost of
notifying each person who may have been impacted by the Incident. After an Incident, Subrecipient 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 Subrecipient shall make all modifications as directed by the State. If Subrecipient 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 Subrecipient shall reimburse the State for the reasonable costs
thereof.
engage the services of an independent, qualified, State-approved third party to conduct a security audit.
remediation in response to any negative findings.
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E. Data Protection and Handling
Subrecipient shall ensure that all State Records and Work Product in the possession of Subrecipient or any
Subcontractors are protected and handled in accordance with the requirements of this Agreement, including
the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work
Product only apply to Work Product that requires confidential treatment.
F. Safeguarding PII
If Subrecipient or any of its Subcontractors will or may receive PII under this Agreement, Subrecipient shall
provide for the security of such PII, in a manner and form acceptable to the State, including, without
limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer
access security, data access security, data storage encryption, data transmission encryption, security
-
§24-73-103(1)(i), C.R.S., and shall maintain security procedures and practices consistent with §§24-73-101,
et seq., C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Subrecipient shall not engage in any business or activities or maintain any relationships that conflict in any
way with the full performance of the obligations of Subrecipient under this Agreement. Such a conflict of
i
provide any tangible personal benefit to an employee of the State, or any member of his or her immediate
family or his or her partner, related to the award of, entry into or management or oversight of this Agreement.
B. Apparent Conflicts of Interest
Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest
shall be Subrecipient shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a conflict or the
appearance of a conflict has arisen, Subrecipient shall submit to the State a disclosure statement setting forth
the relevant details for the Failure to promptly submit a disclosure statement or to
actual or apparent conflict constitutes a breach of this Agreement.
D. Subrecipient acknowledges that all State employees are subject to the ethical principles described in
§24-18-105, C.R.S. Subrecipient further acknowledges that State employees may be subject to the
requirements of §24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or
apparent conflict of interest shall exist if Subrecipient employs or contracts with any State employee, any
State, or any immediate family member of such current or former State employee. Subrecipient shall provide
a disclosure statement as described in §9.C. no later than ten days following entry into a contractual or
employment relationship as described in this section. Failure to timely submit a disclosure statement shall
constitute a Breach of Agreement. Subrecipient may also be subject to such penalties as are allowed by law.
10. INSURANCE
Subrecipient shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance
as specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by
the State.
A.
Workers compensation insurance as required by state statute, and employers liability insurance covering
all Subrecipient or Subcontractor employees acting within the course and scope of their employment.
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B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent contractors,
products and completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit.
D. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Subrecipient
and Subcontractors.
E. Primacy of Coverage
Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance or self-
insurance program carried by Subrecipient or the State.
F. Cancellation
All insurance policies shall include provisions preventing cancellation or non-renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Subrecipient and
Subrecipient shall forward such notice to the State in accordance with §Error! Reference source not found.
within seven days of receipt of such notice.
G. Subrogation Waiver
All insurance policies secured or maintained by Subrecipient or its Subcontractors in relation to this
Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation
or otherwise against Subrecipient or the State, its agencies, institutions, organizations, officers, agents,
employees, and volunteers.
H. Public Entities
If Subrecipient is a "public entity" within the meaning of the Colorado Governmental Immunity Act,
§24-10-101, et seq., C.R.S. Subrecipient shall maintain, in lieu of the liability insurance
requirements stated above, at all times during the term of this Agreement such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor
is a public entity within the meaning of the GIA, Subrecipient shall ensure that the Subcontractor maintain
at all times during the terms of this Subrecipient, in lieu of the liability insurance requirements stated above,
such liability insurance, by commercial policy or self-
obligations under the GIA.
I. Certificates
For each insurance plan provided by Subrecipient under this Agreement, Subrecipient shall provide to the
State certificates evidencing Subinsurance coverage required in this Agreement prior to the
Effective Date. Subrecipient shall provide to the State certificates evidencing Subcontractor insurance
coverage required under this Agreement prior to the Effective Date, except that,
is not in effect as of the Effective Date, Subrecipient shall provide to the State certificates showing
Subcontractor insurance coverage required under this Agreement within seven Business Days following
on of the subcontract. No later than 15 days before the expiration date of
coverage, Subrecipient shall deliver to the State certificates of insurance evidencing
renewals of coverage. At any other time during the term of this Agreement, upon request by the State,
Subrecipient shall, within seven Business Days following the request by the State, supply to the State
evidence satisfactory to the State of compliance with the provisions of this section.
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11. BREACH OF AGREEMENT
In the event of a Breachof Agreement, the aggrieved Party shall give written notice of breachto the other
Party. If the notified Party does not cure theBreachof Agreement, at its sole expense,within 30 days after
the delivery of written notice, the Party may exercise any of the remedies as described in §Error! Reference
source not found. for that Party. Notwithstanding any provision of this Agreement to the contrary, the State,
in its discretion, need not provide notice or a cure period and may immediately terminate this Agreement in
whole or in part or institute any other remedy in this Agreement in order to protect the public interest of the
State; or if Subrecipient is debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need
not provide notice or cure period and may terminate this Agreement in whole or in part or institute any other
remedy in this Agreement as of the date that the debarment or suspension takes effect.
12. REMEDIES
A.
If Subrecipient is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §Error! Reference source not found., shall have all of the
remedies listed in this section in addition to all other remedies set forth in this Agreement or at law. The State
may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach of Agreement
he State may terminate this entire Agreement or any part
of this Agreement. Additionally, if Subrecipient fails to comply with any terms of the Federal Award,
then the State may, in its discretion or at the direction of a Federal Awarding Agency, terminate this
entire Agreement or any part of this Agreement. Subrecipient shall continue performance of this
Agreement to the extent not terminated, if any.
a. Obligations and Rights
To the extent specified in any termination notice, Subrecipient shall not incur further obligations or
render further performance past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Subrecipient shall complete and deliver to the
State all Work not cancelled by the termination notice, and may incur obligations as necessary to do
so within this Agreement At the request of the State, Subrecipient shall assign to the State
all of rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Subrecipient shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Subrecipient but in which the State has an interest.
request, Subrecipient shall return materials owned by the State
time of any termination. Subrecipient shall deliver all completed Work Product and all Work
Product that was in the process of completion to the State at the
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Subrecipient for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that
Subrecipient was not in breach or that Subrecipient action or inaction was excusable, such
termination shall be treated as a termination in the public interest, and the rights and obligations of
the Parties shall be as if this Agreement had been terminated in the public interest under §0.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State
for any damages sustained by the State in connection with any breach by Subrecipient, and the State
may withhold payment to Subrecipient until such
time as the exact amount of damages due to the State from Subrecipient is determined. The State
may withhold any amount that may be due Subrecipient as the State deems necessary to protect the
State against loss including, without limitation, loss as a result of outstanding liens and excess costs
incurred by the State in procuring from third parties replacement Work as cover.
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ii.Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Subrecipient to an adjustment in price
or cost or an adjustment in the performance schedule. Subrecipient shall promptly cease performing
Work and incurring costs i, and the State shall not be liable
for costs incurred by Subrecipient after the suspension of performance.
b. Withhold Payment
Withhold payment to Subrecipient until Subrecipient corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to actions or inactions, cannot be
performed or if they were performed are reasonably of no value to the state; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal of any of SubrecipientSubcontractors from the
Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is likely to
infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Subrecipient
shall, as approved by the State (i) secure that right to use such Work for the State and Subrecipient;
(ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing;
or, (iii) remove any infringing Work and refund the amount paid for such Work to the State.
B.
If the State is in breach of any provision of this Agreement and does not cure such breach, Subrecipient,
following the notice and cure period in §Error! Reference source not found. and the dispute resolution process
in §Error! Reference source not found. shall have all remedies available at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by
Subrecipient for resolution.
B. Resolution of Controversies
If the initial resolution described in §0 fails to resolve the dispute within 10 Business Days, Subrecipient shall
submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency
named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S., for resolution
following the same resolution of controversies process as described in §§24-106-109, and 24-109-101.1
through 24-109-recipient wishes to
the executive director of the Department of Personnel and Administration, or their delegate, in the same
manner as described in the Resolution Statutes before Subrecipient pursues any further action. Except as
otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without
limitation, time limitations regardless of whether the Colorado Procurement Code applies to this Agreement.
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14. NOTICES and REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for thisAgreement shall bethe
principal representative of the designating Party. All notices required or permitted to be given under this
Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or
on the Cover Page for this
Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if
any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the
email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party
delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to
ative at the address set forth on the Cover Page for this Agreement. Either Party
may change its principal representative or principal representative contact information, or may designate specific
other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice
submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce
publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal
and State purposes. All Work Product shall be delivered to the State by Subrecipient
upon completion or termination hereof.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes, studies, data,
images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas,
concepts, know-how, and information provided by or on behalf of the State to Subrecipient are the exclusive
Subrecipient shall not use, willingly allow, cause or
permit Work Product or State Materials to be used for any purpose other than the performance of
obligations in this Agreement without the prior written consent of the State. Upon termination
of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the
State in a form and manner as directed by the State.
C. Exclusive Property of Subrecipient
Subrecipient retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or
licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated
source code, machine code, text images, audio and/or video, and third-party materials, delivered by
Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable
Subrecipient Subrecipient Property shall be licensed to the State as set forth in this
Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained
by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license
terms set forth in the applicable open source license agreement.
16. GENERAL PROVISIONS
A. Assignment
rights and obligations under this Agreement are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such
consent shall be void. Any assignment or transfer of rights and obligations approved by the
State shall be subject to the provisions of this Agreement.
B. Subcontracts
Subrecipient shall not enter into any subaward or subcontract in connection with its obligations under this
Agreement without the prior, written approval of the State. Subrecipient shall submit to the State a copy of
each such subaward or subcontract upon request by the State. All subawards and subcontracts entered into
by Subrecipient in connection with this Agreement shall comply with all applicable federal and state laws
and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject
to all provisions of this Agreement. If the entity with whom Subrecipient enters into a subcontract or
subaward would also be considered a Subrecipient, then the subcontract or subaward entered into by
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Subrecipient shall also contain provisions permitting both Subrecipient and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
C. Binding Effect
Except as otherwise provided in §16.A., all provisions of this Agreement, including the benefits and burdens,
shall
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance o
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
H. Digital Signatures
If any signatory signs this Agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Agreement by reference.
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than Agreement amendments, shall conform to the policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in
any terms, conditions, or agreements appearing on
provision incorporated into any click-through or online agreements related to the Work unless that provision
is specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this
Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other
Party.
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N. Taxes
The State is exempt from federal excise taxes under I.R.C.Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the State imposes such taxes on Subrecipient. Subrecipient shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Subrecipient may wish
to have in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the rs and assigns described in §16.A., this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not
create any rights for such third parties.
P. Waiver
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.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107, C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Subrecipient shall perform its obligations under this Agreement in accordance with the highest standards of
care, skill and diligence in industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations
i. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the term of
this Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations
required to perform its obligations under this Agreement, and shall ensure that all employees, agents
and Subcontractors secure and maintain at all times during the term of their employment, agency or
Subcontractor, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
ii. Subrecipient, if a foreign corporation or other foreign entity transacting business in the State of
Colorado, shall obtain prior to the Effective Date and maintain at all times during the term of this
Agreement, at its sole expense, a certificate of authority to transact business in the State of Colorado
and designate a registered agent in Colorado to accept service of process.
T. Federal Provisions
Subrecipient shall comply with all applicable requirements of Exhibits C, D, and E at all times during the
term of this Agreement.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or
designee. If this Agreement is for a Major Information Technology Project, as defined in §24-37.5-
102(2.6), C.R.S.f
Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds
for that purpose being appropriated, budgeted, and otherwise made available.
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C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be
controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et
seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the
-30-1501, et seq. C.R.S. No term or condition of this Agreement
shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections, or other provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Subrecipient shall perform its duties hereunder as an independent contractor and not as an employee.
Neither Subrecipient nor any agent or employee of Subrecipient shall be deemed to be an agent or
employee of the State. Subrecipient shall not have authorization, express or implied, to bind the State to
any agreement, liability or understanding, except as expressly set forth herein. Subrecipient 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
Subrecipient or any of its agents or employees. Subrecipient shall pay when due all applicable
employment taxes and income taxes and local head taxes incurred pursuant to this Agreement.
Subrecipient shall (i) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (ii) provide proof thereof when requested
by the State, and (iii) be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Subrecipient shall comply with all applicable federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions
related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Subrecipient harmless;
requires the State to agree to binding arbitration; limits Subrecipient
from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any
way shall be void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision
of §24-106-109, C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation,
or maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Subrecipient hereby certifies and warrants that, during the term of this Agreement and any
extensions, Subrecipient has and shall maintain in place appropriate systems and controls to prevent such
improper use of public funds. If the State determines that Subrecipient is in violation of this provision,
the State may exercise any remedy available at law or in equity or under this Agreement, including,
without limitation, immediate termination of this Agreement and any remedy consistent with federal
copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Agreement. Subrecipient has no interest
and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the
Contract Number: 22-HTS-ZL-00005/491002707 Page 18 of 34 Version 10/30/19
performance of SubrecipientSubrecipient shall not employ any person having such known
interests.
J.VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
\[Not applicable to intergovernmental agreements\] Subject to §24-30-202.4(3.5), C.R.S., the State
s vendor offset intercept system for debts owed to
State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax,
accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the
Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the
Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final
agency determination or judicial action. Th
made to Subrecipient in error for any reason, including, but not limited to, overpayments or improper
payments, and unexpended or excess funds received by Subrecipient by deduction from subsequent
payments under this Agreement, deduction from any payment due under any other contracts, grants or
agreements between the State and Subrecipient, or by any other appropriate method for collecting debts
owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
\[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or
information technology services or products and services\] Subrecipient certifies, warrants, and agrees
that it does not knowingly employ or contract with an illegal alien who will perform work under this
Agreement and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation in the
E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S.,
Subrecipient shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement or enter into a contract with a Subcontractor that fails to certify to Subrecipient that the
Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement. Subrecipient (i) shall not use E-Verify Program or the program procedures of the Colorado
-employment
screening of job applicants while this Agreement is being performed, (ii) shall notify the Subcontractor
and the contracting State agency or institution of higher education within three days if Subrecipient has
actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under
this Agreement, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or
contracting with the illegal alien within three days of receiving the notice, and (iv) shall comply with
reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5),
C.R.S., by the Colorado Department of Labor and Employment. If Subrecipient participates in the
Department program, Subrecipient shall deliver to the contracting State agency, Institution of Higher
Education or political subdivision, a written, notarized affirmation, affirming that Subrecipient has
examined the legal work status of such employee, and shall comply with all of the other requirements of
the Department program. If Subrecipient fails to comply with any requirement of this provision or §§8-
17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political
subdivision may terminate this Agreement for breach and, if so terminated, Subrecipient shall be liable
for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Subrecipient, if a natural person eighteen (18) years of age or older, hereby swears and affirms under
penalty of perjury that Subrecipient (i) is a citizen or otherwise lawfully present in the United States
pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii)
has produced one form of identification required by §24-76.5-103, C.R.S., prior to the Effective Date of
this Agreement.
.
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EXHIBITA, STATEMENT OF WORK AND BUDGET
Action Plan
Agency Name Pueblo Police Department
Project Title A Step Towards Reducing Traffic Fatalities
WBS Element 22NHTSA402.0204/DUNS NO.: 556467256
Description
This Action Plan is for development and execution of Speed Enforcement in the City of Pueblo.
The grantee shall provide the Work through a grant at the prices and rates specified in this Action Plan. The budget
will be within 10% in year 2 and 3 as it was planned in year 1. The planned activities noted below will be similar in
years 2 and 3.
Grantees Responsibilities
The grantee will provide the following types of services under this Contract:
The grantee will implement activities to decrease the number of speed related fatality accidents in the City of
Pueblo by:
1. Conduct targeted speed enforcement in the locations with frequent fatal/injury accidents.
2. The Pueblo PD will develop written deployment plans for targeted speed enforcement at frequent
fatal/injury accident locations as determined by review of current accident data.
3. The Pueblo PD will conduct speed enforcement at designated locations, dates, and times as defined in the
deployment plan.
4. Conduct semi-annual traffic safety seminars in each of the four local high schools in an effort to target
high-risk teen drivers.
5. Pueblo PD will decrease the incidence of speed in the ongoing CDOT construction zones on I-25 to provide
worker safety.
6. Evaluation indicators for grant year one will entail the number of enforcement hours, the number of
traffic citations issued, number of traffic citations, the number of violations cited, the number and type of
media communications.
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EXHIBIT B, SAMPLE OPTION LETTER
State AgencyOption Letter Number
Department of Transportation Insert the Option Number (e.g. "1" for the first
option)
Subrecipient Original Agreement Number
Insert Subrecipient's Full Legal Name, including "Inc.", Insert CMS number or Other Contract Number of
"LLC", etc... the Original Contract
Subaward Agreement Amount Option Agreement Number
Federal Funds Insert CMS number or Other Contract Number of
this Option
Maximum Amount (%) $0.00
Local Funds
Agreement Performance Beginning Date
The later of the Effective Date or Month, Day,
Local Match Amount (%) $0.00
Year
Agreement Total $0.00
Current Agreement Expiration Date
Month, Day, Year
1. OPTIONS:
A. Option to extend for an Extension Term or End of Term Extension.
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced
above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert
start date and ending on the current agreement expiration date shown above, at the rates stated in the
Original Agreement, as amended.
B. For use with Options 1(A): The Subaward Agreement Amount table on the Agreement
is hereby deleted and replaced with the Current Subaward Agreement Amount table shown above.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or ____, whichever is
later.
In accordance with §24-30-202, C.R.S., this Option
STATE OF COLORADO
Jared S. Polis, Governor Letter is not valid until signed and dated below by
Department of Transportation the State Controller or an authorized delegate.
Shoshana M. Lew, Executive Director
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_______________________________________
By: ________________________________________
Department of Transportation
Stephen P. Harelson, P.E., Chief Engineer
Date: ________________________________
Option Letter Effective Date: __________________
Contract Number: 22-HTS-ZL-00005/491002707 Page 22 of 34 Version 10/30/19
EXHIBIT C, FEDERAL PROVISIONS
1.APPLICABILITY OF PROVISIONS
1.1. The Contract 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 any attachments or exhibits incorporated into and
made a part of the Contract, the provisions of these Federal Provisions shall control.
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. an award of Federal financial assistance, and the Contract setting forth the terms
and conditions of that financial assistance, that a non-Federal Entity receives or administers.
2.1.1.1. Awards may be in the form of:
2.1.1.1.1. Grants;
2.1.1.1.2. Contracts;
2.1.1.1.3. Cooperative agreements, which do not include cooperative research and development
agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended
(15 U.S.C. 3710);
2.1.1.1.4. Loans;
2.1.1.1.5. Loan Guarantees;
2.1.1.1.6. Subsidies;
2.1.1.1.7. Insurance;
2.1.1.1.8. Food commodities;
2.1.1.1.9. Direct appropriations;
2.1.1.1.10. Assessed and voluntary contributions; and
2.1.2.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by
non-Federal Entities.
2.1.1.1.12. Any other items specified by OMB in policy memoranda available at the OMB website or
other source posted by the OMB.
2.1.1.2. Award does not include:
2.1.1.2.1. Technical assistance, which provides services in lieu of money;
2.1.1.2.2. A transfer of title to Federally-owned property provided in lieu of money; even if the award
is called a grant;
2.1.1.2.3. Any award classified for security purposes; or
2.1.1.2.4. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of
the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5).
2.1.2. ContractAgreement or Subaward Agreement to which these Federal Provisions are
attached and includes all Award types in §2.1.1.1 of this Exhibit.
2.1.3. or Subaward Agreement funded, in whole or
in part, with Federal financial assistance, other than the Prime Recipient, and includes Subrecipients
and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors.
2.1.4. -digit number established and
assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and
website may be found at: http://fedgov.dnb.com/webform.
2.1.5.
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2.1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
2.1.5.2.A foreign public entity;
2.1.5.3. A domestic or foreign non-profit organization;
2.1.5.4. A domestic or foreign for-profit organization; and
2.1.5.5. A Federal agency, but only a Subrecipient under an Award or Sub award to a non-Federal entity.
2.1.6.
2.1.7.
agency to a Prime Recipient.
2.1.8. ns a Federal agency providing a Federal Award to a Recipient as
described in 2 CFR §200.37
2.1.9.
109-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to
2.1.10. Federal ProvisionsFederal Provisions subject to the Transparency Act and Uniform
Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or State of
Colorado agency or institutions of higher education.
2.1.11.
2.1.12.
an Award.
2.1.13.
Award. The terms and conditions of the Federal Award flow down to the Award unless the terms
and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR
§200.38. The term does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program.
2.1.14. -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
Subrecipient.
The term does not include an individual who is a beneficiary of a federal program.
2.1.15. -digit Data
Management (SAM) profile, if applicable.
2.1.16.
enter the information required under the Transparency Act, which may be found at
http://www.sam.gov.
2.1.17. g the
2.1.17.1. Salary and bonus;
2.1.17.2. 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;
2.1.17.3. 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;
2.1.17.4. Change in present value of defined benefit and actuarial pension plans;
2.1.17.5. Above-market earnings on deferred compensation which is not tax-qualified;
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2.1.17.6. 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.
2.1.18.
(Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also
is referred to as FFATA.
2.1.19.
Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes
requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102,
and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and
conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform
Guidance or the terms and conditions of the Federal Award specifically indicate otherwise.
2.1.20.
required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a
Subrecipient and is not subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
3. COMPLIANCE
3.1. 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.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING
SYSTEM (DUNS) REQUIREMENTS
4.1. 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.
4.2.
information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently
if required
5. TOTAL COMPENSATION
5.1. Contractor 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 $25,000 or more; and
5.1.2. In the preceding fiscal year, Contractor 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 Sub awards subject to the Transparency Act; and
5.1.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Sub awards subject to the
Transparency Act; and
5.1.3. 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. Contractor shall report data elements to SAM and to the Prime Recipient as required in this Exhibit if
Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall
be made to Contractor for providing any reports required under these Federal Provisions and the cost of
producing such reports shall be included in the Contract price. The reporting requirements in this Exhibit
Contract Number: 22-HTS-ZL-00005/491002707 Page 25 of 34 Version 10/30/19
are based on guidance from the US Office of Management and Budget (OMB), and as such are subject
to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract
Contract.
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
$25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a
total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the
Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de-
obligated such that the total award amount falls below $25,000, 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 Contractor is a Subrecipient, Contractor 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 no later than the end of the month following the month
in which the Sub award was made:
8.1.1.1. Subrecipient DUNS Number;
8.1.1.2. Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account;
8.1.1.3. Subrecipient Parent DUNS Number;
8.1.1.4.
Congressional District;
8.1.1.5.
and
8.1.1.6.
§4 above met.
8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of
the Agreement, the following data elements:
8.1.2.1.
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 regulations, provided that the procurements conform
to applicable Federal law and the standards identified in the Uniform Guidance, including without
limitation, §§200.318 through 200.326 thereof.
9.2. 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.
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10. ACCESS TO RECORDS
10.1.
statements as necessary for Recipient to meet the requirements of §200.331 (Requirements for pass-
through entities), §§200.300 (Statutory and national policy requirements) through 200.309 (Period of
performance), and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR §200.331(a)(5).
11. SINGLE AUDIT REQUIREMENTS
11.1. If a Subrecipient expends $750,000 or more in Federal Awards
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
§200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in
accordance with §200.507 (Program-specific audits). The Subrecipient may elect to have a
program-specific audit if Subrecipient expends Federal Awards under only one Federal program
(excluding research and development) and the Federal program's statutes, regulations, or the terms
and conditions of the Federal award do not require a financial statement audit of Prime Recipient.
A program-specific audit may not be elected for research and development unless all of the Federal
Awards expended were received from Recipient and Recipient approves in advance a program-
specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year,
the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2
CFR §200.503 (Relation to other audit requirements), but records shall be available for review or
audit by appropriate officials of the Federal agency, the State, and the Government Accountability
Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for
the audit required by Part 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 Uniform Guidance §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 Part F-Audit
Requirements.
12. CONTRACT PROVISIONS FOR SUBRECIPIENT CONTRACTS
12.1. If Contractor is a Subrecipient, then it shall comply with and shall include all of the following applicable
provisions in all subcontracts entered into by it pursuant to this Agreement.
12.1.1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that m-
1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
3 CFR Part, 1964-
ployment Opportunity, Department of
Labor.
12.1.1.1. During the performance of this contract, the contractor agrees as follows:
12.1.1.1.1. Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship.
The contractor agrees to post in conspicuous places, available to employees and applicants
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for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
12.1.1.1.2.Contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
12.1.1.1.3. Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
by the agency contracting officer, advising the labor union or workers' representative of
the contractor's commitments under section 202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
12.1.1.1.4. Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
12.1.1.1.5. Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
12.1.1.1.6. In the event of Contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
12.1.1.1.7. Contractor will include the provisions of paragraphs (1) through (7) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as may be directed by
the Secretary of Labor as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event Contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of such direction,
the contractor may request the United States to enter into such litigation to protect the
12.1.2. Davis-Bacon Act. 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-
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
ired 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
-
3145), as supplemented by Department of Labor regulations
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
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.
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12.1.3. Rights to Inventions Made Under a Contract or Contract. If the Federal Award meets the
Contract
contract with a small business firm or nonprofit organization regarding the substitution of parties,
nding
Contract
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Contractns issued by the awarding
agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended. Contracts and subawards 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).
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 the System for
Award Management (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.
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.
13. CERTIFICATIONS
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submit
certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR
§200.208. 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.
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 Contractor 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.
14.3. There are no Transparency Act reporting requirements for Vendors.
15. EVENT OF DEFAULT
15.1. 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.
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EXHIBIT D, ADDITONAL PROGRAM REQUIREMENTS
Certifications and Assurances
It is hereby understood that this Application and the attachments hereto, when approved and signed by all concerned
parties, as indicated shall constitute an agreement by and between the applicant organization to perform in
accordance with the terms of this Application and attachments, taken as a whole. This agreement is based on CDOT
procedures and Federal guidelines found in 2 CFR 1201, 2 CFR Chapter I, Chapter II, XII, Part 200 in order to
standardize and simplify federal grants. The signature below of an authorized representative of the applicant agency
certifies and ensures that all the following conditions will be met.
1) Reports The Contractor shall submit quarterly reports, a final report at the end of the project, and special
reports, if any, as outlined in the Project Agreement. Please read Part 5, Reporting Requirements, following this
section.
2) Copyrights, Publications, and Patents Where activities supported by this project produce original copyright
material, the Contractor may copyright such, but CDOT reserves nonexclusive and irrevocable license to
reproduce, publish, and use such materials and to authorize others to do so. The Contractor may publish, at its
own expense, the results of project activities without prior review by CDOT, provided that any publications
(written, visual or sound) contain acknowledgment of the support provided by the National Highway Traffic
Safety Administration (NHTSA) and CDOT. Any discovery or invention derived from work performed under
this project shall be referred to CDOT, who will determine through NHTSA whether patent protections will be
sought, how any rights will be administered, and other action required to protect the public interest.
3) Termination This project agreement may be terminated or fund payments discontinued or reduced by CDOT
at any time upon written notice to the Contractor due to non-availability of funds, failure of the Contractor to
accomplish any of the terms herein, or from any change in the scope or timing of the project.
4) Fiscal Records Contractor will maintain complete and detailed accounting records of all costs incurred on this
project, including documentation of all purchases of supplies, equipment, and services; travel expenses;
payrolls; and time records of any person employed part-time on this project. Federal, State or CDOT auditors
shall have access to any records of the Contractor. These records shall be retained for three years after the final
audit is completed or longer, if necessary, until all questions are resolved.
5) Funding The Contractor will utilize funds provided to supplement and not to supplant state and local funds
otherwise available for these purposes. Funds are to be expended only for purposes and activities approved in
the project agreement. Reimbursement will be made periodically by CDOT based on approved requests for
reimbursement. If matching funds are required, the Contractor will expend them from nonfederal sources,
which must be spent no later than 30 days following the completion of the project.
6) Cost Principles and Grant Management The eligibility of costs incurred, and the management of this project
shall be determined in accordance with 2 CFR Chapter I Chapter II Part 200 and for state and local agencies and
educational institutions, and 2 CFR, Part 230 for nonprofit entities.
7) Obligation Funds Federal funds may not be obligated prior to the effective date or subsequent to the
termination date of the project period. Requests for reimbursement outstanding at the termination date of the
project must be made within 30 days or those funds may not be paid.
8) Changes The Contractor must obtain prior written approval from CDOT for major project changes, including:
changes of substance in project objectives, evaluation, activities, the project manager, key personnel, project
budget or transfer of funds from one category in the budget to another. The period of performance of the
project, however, cannot be changed.
9) Program Income CDOT safety programs encourage Contractors to earn income to help defray program costs,
but there are federal regulations that must be followed. Program income is defined as gross income received by
the State and/or Contractor directly generated by a grant supported activity, or earned only as a result of the
grant agreement during the grant period. Income earned by the Contractor with respect to the conduct of the
project (sale of publications, registration fees, service charges, donations for child safety seats, etc.) must be
accounted and income applied to project purposes, used to reduce project costs, or be used to meet cost agency
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matching requirements. The Contractor is responsible for reporting all program income according to federal
and state requirements.
10) Purchases Purchase of equipment or services must comply with state or local regulations. After the end of the
project period, equipment should continue to be utilized for traffic safety purposes and cannot be disposed of
without written approval of CDOT. The Contractor shall make and maintain an inventory of equipment to
include descriptions, serial numbers, locations, costs or other identifying information, and submit a copy to
CDOT.
11) Third Party Participants No contracts or agreements may be entered into by the Contractor related to this
project which are not incorporated into the project agreement and approved in advance by CDOT. The
Contractor will retain ultimate control and responsibility for the project. CDOT shall be provided with a copy
of all contracts and agreements entered into by Contractors. Any contract or agreement must allow for the
greatest competition practicable and evidence of such competition or justification for a negotiated contract or
agreement shall be provided to CDOT.
12) Participation by Disadvantaged Business Enterprises The contractor agrees to take all necessary and
reasonable steps in accordance with Title 49, CFR, Subtitle A, Part 26 to ensure that minority business
enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their
contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any subcontracts financed in whole or in part with federal funds.
13) Non-Discrimination In the performance of this agreement the Contractor, by its signature below, certifies and
assures that it shall comply with all Federal statutes and implementing regulations relating to nondiscrimination.
(These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination
on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794) and the
Americans with Disabilities Act of 1990 (42 USC § 12101, et seq.; PL 101-336), which prohibits discrimination
on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended
(42U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f)
the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(P.L.
91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse of alcoholism; (g) §§ 523 and
527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42
U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i)
any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance
is being made; The Civil Rights Restoration Act of 1987, which provides that any portion of a state or local
entity receiving federal funds will obligate all programs or activities of that entity to comply with these civil
rights laws; and, (k) the requirements of any other nondiscrimination statute(s) which may apply to the
application. The Contractor shall not discriminate on the basis of race, color, national origin, sex, religion, age,
creed, Vietnam Era and Disabled Veterans status or sensory, mental or physical handicap in the provision of
any terms and conditions of employment or the provision of service or benefits otherwise afforded and will take
the affirmative action necessary to accomplish the objects of the above referenced laws.
14) Political Activities In accordance with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-
7328) no funds, materials, equipment, or services provided in this project agreement shall be used for any
partisan political activity or to further the election or defeat of any candidate for public office or to pay any
person to influence or attempt to influence an officer or employee of congress, or an employee of a member of
congress, an officer or employee of congress in connection with the awarding of any federal loan or the entering
in of any cooperative agreements.
15) Single Audit All Non-Federal entities that expend $750,000 or more of Federal awards in a year are required
to obtain an annual audit in accordance with the Single Audit Act Amendments of 1996, 2 CFR 200 Chapter I,
Chapter II - Sub Part F, the OMB Circular Compliance Supplement and Government Auditing Standards. A
single audit is intended to provide a cost-effective audit for non-Federal entities in that one audit is conducted in
lieu of multiple audits of individual programs. Nonfederal entities include States, Local Governments, and Non-
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Profit Organizations. The term non-profit organization includes non-profit institutions of higher education and
hospitals.
16) Safety Belt Policy No funds, materials, property, or services will be provided to any political subdivision that
does not have a current and actively enforced policy requiring the use of seat belts.
17) Drug Free Workplace In accordance with the Anti-Drug Act of 1988 (41 USC 702-707) and Drug-Free
Workplace (42 USC 12644), CDOT has the responsibility to ensure that unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance by any employees, grantees, and/or sub-grantee of the
18) Colorado Standard Field Sobriety Testing All law enforcement officers who are performing impaired driving
enforcement activities with funding from CDOT must be in compliance with the current Colorado Standards for
Field Sobriety Testing Standards.
19) Debarment and Suspension - The applicant certifies, by signature below, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
20) Restriction on State Lobbying - None of the funds under this program shall be used for any activity specifically
designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any state or local legislative body. Such activities include both direct and indirect e.g.,
supported with NHTSA funds from engaging in direct communications with state or local legislative officials,
in accordance with customary state practice, even if such communications urge legislative officials to favor or
oppose the adoption of a specific pending legislative proposal.
21) Certification Regarding Federal Lobbying - The undersigned certifies, to the best of his or her knowledge and
belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for
all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
22) Federal Funding Accountability and Transparency Act The State is required to report for each sub-grant
awarded as shown below. Contractor agrees to provide the information below upon request for reporting
purposes.
award including transaction type, funding agency, the North American Industry
Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program
source;
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ion of performance under the award, including
the city, State, congressional district, and country; and an award title descriptive of the purpose of each funding
action;
ly compensated officers of the entity if-- of the entity
receiving the award and of the parent entity of the recipient, should the entity be owned by another entity;
(i) the entity in the preceding fiscal year received
(I) 80 percent or more of its annual gross revenues in Federal awards; and
(II) $25,000,000 or more in annual gross revenues from Federal awards; and
(ii) the public does not have access to information about the compensation of the senior executives of the
entity 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 section 6104 of the Internal Revenue Code of 1986;
23) System For Award Management (SAM) and Universal Identifier Requirements Requires that the contractor be
registered in the SAM.Gov prior to submitting an application or plan; and maintain an active SAM registration
with current information at all times during which it has an active Federal award or an application or plan under
consideration by an agency.
24) Buy American Act - Citation: Public Law 112-141/MAP-21 requires that states comply with the Buy America
Act. The undersigned certifies, to the best of his or her knowledge and belief, that: No federal highway grant
funds under 23 U.S.C. Chapter 4 will be used to purchase products, unless they are produced in the United
States. This prohibition applies to steel, iron, and all manufactured products, unless the Secretary of
Transportation has determined that it is appropriate to waive the Buy America Act requirement. There is a
threshold of single purchase costing less than $5,000 that is exempt from the need for a waiver.
The Secretary of Transportation may waive the Buy America Act requirement if: 1) the requirements would be
inconsistent with the Public Interest 2) the products are not produced in the United States in sufficient and
reasonably available quantities and of satisfactory quality and 3) use of the products produced in the United
States would increase the overall cost of the project by more than 25 percent.
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Reporting Frequency: The Office of Transportation Safety HSO requires three types of reports in conjunction
with highway safety projects:
1. Quarterly reports during the life of a project;
2. A final report at the conclusion of a project. This is to include training and consultant reports, if applicable;
3. Annual Report Template (to be provided by CDOT)
background of information that can be passed on to others, suggest ways in which CDOT can assist with the project
and aid in distribution of funds.
Quarterly Reports: These are to be submitted quarterly and are due within twenty (20) calendar days after the end
of the reporting calendar quarter as follows:
First Quarter: 1 October 31 December Report due January 20
Second Quarter: 1 January 31 March Report due April 20
Third Quarter: 1 April 30 June Report due July 20
If there is no activity during the reporting period, submit a report indicating so. Any original or innovative ideas or
methods employed in your project should be incorporated into your reports.
Fourth and Final Report: The fourth quarter and final report can be combined. These are to be submitted within
45 days of contract completion, which is no later than November 15. Final reports are to be detailed and must
describe whether the project objectives were accomplished, if technical and fiscal problems were encountered, and
what improvements in traffic safety have resulted or probably will result. Included in final reports will be copies of
publications, training reports and any statistical data generated in project execution. These final reports should
discuss the following:
1. Accomplishments compared to the original project objectives;
2. Were all activities of the project completed as scheduled? Include dates and milestones when studies were
completed; equipment acquired, installed and operated;
3. Any unanticipated proceedings that affected the project;
4. Funding and costs for completion of the project in relationship to original estimates; and
5. Third party performance if applicable. A copy of any consultant reports should be included with the final
report.
Annual Report Template: An Annual Report template will be provided to the contractor in late
October. The contractor is responsible for providing the requested information and submitting back to
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