HomeMy WebLinkAbout11278Docusign Envelope ID: 723897F9-F221-8791-8218-33DA7021096F
ORDINANCE NO. 11278
AN ORDINANCE ESTABLISHING PROJECT NUMBER PS2608
IN THE PUBLIC SAFETY GRANTS FUND, BUDGETING AND
APPROPRIATING FUNDS IN THE AMOUNT OF $25,000.00
INTO PROJECT NUMBER PS2608, APPROVING AND
ACCEPTING A GRANT AWARD BETWEEN PUEBLO, A
COLORADO MUNICIPAL CORPORATION, AND THE STATE OF
COLORADO, ACTING BY AND THROUGH THE COLORADO
DEPARTMENT OF TRANSPORTATION, RELATING TO THE
FEDERAL FISCAL YEAR 2027 "REDUCING FATAL CRASHES
THROUGH SPEED ENFORCEMENT" GRANT FOR THE
PERIOD OF OCTOBER 1, 2026, THROUGH SEPTEMBER 30,
2027, AND AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the City Council of Pueblo has the authority on behalf of Pueblo, a Colorado
Municipal Corporation, including its Police Department, to accept funding from the State of
Colorado, Department of Transportation, for public and municipal purposes, and to enter into
agreements relating thereto; and
WHEREAS, by letter dated April 24, 2026, the Colorado Department of Transportation,
Office of Transportation Safety, Highway Safety Office, tentatively approved the City's
application for Federal Fiscal Year 2027 "Reducing Fatal Crashes Through Speed Enforcement"
funding in the amount of $25,000.00; and
WHEREAS, on July 11, 2026, the Colorado Department of Transportation issued
Purchase Order No. 411045403, encumbering funds in the amount of $25,000.00 for the Pueblo
Police Department, effective October 1, 2026, through September 30, 2027, subject to the State
of Colorado Small Dollar Grant Award Terms and Conditions; and
WHEREAS, the Colorado Department of Transportation may hereafter issue a notice to
proceed, award notification, or similar instrument confirming the same award, and it is the intent
of the City Council that this Ordinance approve any such instrument that is consistent with the
terms recited herein, and that any instrument inconsistent with those terms be submitted to the
City Council for approval; and
WHEREAS, the grant pays one hundred percent of eligible expenses and requires no
matching funds or cost sharing by the City; and
WHEREAS, the period of performance of the grant begins October 1, 2026, and it is in
the best interest of the City that authority to expend the grant funds be effective as of that date;
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:
Docusign Envelope ID: 723897F9-F221-8791-8218-33DA7021096F
SECTION 1
The Grant Award between Pueblo, a Colorado Municipal Corporation, and the State of
Colorado, acting by and through the Colorado Department of Transportation, Office of
Transportation Safety, for the Federal Fiscal Year 2027 "Reducing Fatal Crashes Through
Speed Enforcement" grant is hereby approved and accepted in accordance with its terms and
conditions. Purchase Order No. 411045403 and the State of Colorado Small Dollar Grant Award
Terms and Conditions have been approved as to form by the City Attorney.
As used in this Ordinance, "Grant Award" means Colorado Department of Transportation
Purchase Order No. 411045403 dated July 11, 2026, together with the State of Colorado Small
Dollar Grant Award Terms and Conditions applicable thereto, copies of which are attached
hereto, and any notice to proceed, award notification, grant agreement, or similar instrument
hereafter issued by the Colorado Department of Transportation with respect to the same grant,
provided that each such instrument:
(a) is for the same project described in Purchase Order No. 411045403;
(b) states a period of performance commencing no earlier than October 1, 2026, and
ending no later than September 30, 2027;
(c) states an amount not exceeding Twenty Five Thousand and 00/100 Dollars
($25,000.00); and
(d) imposes no matching funds, cost sharing, or other financial obligation upon the City.
Any instrument tendered by the Colorado Department of Transportation that does not
satisfy each of the foregoing conditions is not approved by this Ordinance and shall be
submitted to the City Council for approval.
SECTION 2.
The Mayor is hereby authorized to execute the Grant Award in the name of and on
behalf of the City, and the City Clerk shall affix the Seal of the City to said documents and attest
the same. The Mayor is further authorized to execute such certifications, assurances, reports,
and other documents as are required by the terms of the Grant Award, and to execute any grant
modification tendered by the Colorado Department of Transportation that does not increase the
financial obligation of the City, extend the period of performance beyond September 30, 2027,
or impose matching funds or cost sharing upon the City.
SECTION 3.
Project Number PS2608 is hereby established in the Public Safety Grants Fund. Funds
in the amount of Twenty Five Thousand and 00/100 Dollars ($25,000.00) received or receivable
under the Grant Award are hereby budgeted and appropriated into Project Number PS2608.
Said funds shall be expended only for the purposes of the Grant Award and for no other
purpose.
SECTION 4.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and the Grant Award to effectuate the policies and
procedures described herein.
Docusign Envelope ID: 723897F9-F221-8791-8218-33DA7021096F
SECTION 5.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council. The authority to expend funds conferred by Section 3 of this Ordinance shall be
effective as of October 1, 2026, being the first day of the period of performance of the Grant
Award, and if final action upon this Ordinance occurs after October 1, 2026, said authority shall
relate back to October 1, 2026, nunc pro tunc.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on September 14, 2026.
Final adoption of Ordinance by City Council on September 28, 2026. DocuSignedby:
President of City Council
Action by the Mayor:
❑ Approved on
❑ Disapproved on
09/30/2026
based on the following objections:
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
Mayor
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST 1.Docusignedby:
City Clerk
Docusign Envelope ID: 723897F9-F221-8791-8218-33DA7021096F
City Clerk's Office Item # S6
Ciify of
PUEBLO
m;µ
...w
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: September 28, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Chris Noeller, Chief of Police
SUBJECT: AN ORDINANCE ESTABLISHING PROJECT NUMBER PS2608 IN THE
PUBLIC SAFETY GRANTS FUND, BUDGETING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $25,000.00 INTO PROJECT NUMBER
PS2608, APPROVING AND ACCEPTING A GRANT AWARD BETWEEN
PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND THE
STATE OF COLORADO, ACTING BY AND THROUGH THE
COLORADO DEPARTMENT OF TRANSPORTATION, RELATING TO
THE FEDERAL FISCAL YEAR 2027 "REDUCING FATAL CRASHES
THROUGH SPEED ENFORCEMENT" GRANT FOR THE PERIOD OF
OCTOBER 1, 2026, THROUGH SEPTEMBER 30, 2027, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
Attached is an Ordinance approving and accepting a grant award from the Colorado
Department of Transportation, Office of Transportation Safety, in the amount of
$25,000.00 for enhanced speed enforcement by the Pueblo Police Department. The
period of performance is October 1, 2026, through September 30, 2027. The Ordinance
establishes project number PS2608 in the Public Safety Grants fund and budgets and
appropriates the grant funds into that project.
The Ordinance approves the grant on the purchase order the Colorado Department of
Transportation has already issued, and defines the approved grant award to include
any confirming instrument the department issues later for the same project, term, and
amount. This allows enforcement to begin on the first day of the grant period.
PREVIOUS COUNCIL ACTION:
Grants of this nature have been approved by City Council annually going back to 2012.
BACKGROUND:
This grant funds Pueblo Police Department officer overtime dedicated to speed
enforcement. The Police Department has responded to serious injury and fatal crashes
Docusign Envelope ID: 723897F9-F221-8791-8218-33DA7021096F
in which speed was a factor, and the grant allows the assignment of officers to
enforcement in excess of normal patrol staffing.
The funding originates with the United States Department of Transportation, National
Highway Traffic Safety Administration, under Assistance Listing 20.600, Section 402,
State and Community Highway Safety, and passes through the Colorado Department of
Transportation, Office of Transportation Safety, Highway Safety Office. By letter dated
April 24, 2026, the Highway Safety Office tentatively approved the City's Federal Fiscal
Year 2027 application in the amount of $25,000.00. On July 11, 2026, the department
issued Purchase Order No. 411045403 encumbering $25,000.00 for the Pueblo Police
Department, effective October 1, 2026, through September 30, 2027. The award is
subject to the State of Colorado Small Dollar Grant Award Terms and Conditions.
In prior grant years, the department's notice to proceed did not issue until shortly before
the grant period began. For Federal Fiscal Year 2026 the notice to proceed was dated
September 12, 2025, and Ordinance No. 11063 did not take effect until October 28,
2025, twenty-seven days into a grant period that began October 1, 2025. During that
interval no appropriation existed against which the Director of Finance could certify an
expenditure, and the enforcement funded by the grant could not proceed. The attached
Ordinance addresses this by approving the grant on the purchase order now in hand,
by defining the approved grant award to include a later confirming instrument for the
same project, the same period of performance, an amount not exceeding $25,000.00,
and no matching obligation, and by making the expenditure authority effective as of
October 1, 2026. Any instrument tendered by the department outside those limits is not
approved and returns to City Council.
FINANCIAL IMPLICATIONS:
The City will receive up to $25,000.00 in grant revenue. The grant pays 100 percent of
eligible expenses and requires no matching funds or cost sharing by the City. This
compares to $36,000.00 received under the Federal Fiscal Year 2026 award. Grant
funds will be budgeted and appropriated into project number PS2608 in the Public
Safety Grants Fund and expended only for the purposes of the grant. The grant will
require staff time for project management and reporting.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Decline the grant offer. The City would forgo $25,000.00 in federal funding and the
Pueblo Police Department would either absorb the cost of the additional speed
enforcement in its General Fund budget or forgo that enforcement.
RECOMMENDATION:
Approval of the Ordinance
Docusign Envelope ID: 723897F9-F221-8791-8218-33DA7021096F
ATTACHMENTS:
1. 1 a. Model Small Dollar Grant Awards and Content 2025_05 Accessible updated
0825
2. Pueblo PD PTS FFY27 PO 411045403
3. Pueblo PTS Award Letter
4/24/2026
COLORADO
Department of Transportation
Office of Transportation
Safety b Risk Management
Sergeant Michael Sincerbox
1 City Hall Place
Pueblo, CO 81003
Re: Application for Federal Fiscal Year 2027
Reducing Fatal Crashes through Speed Enforcement in the amount of $25,000
Dear Sergeant Sincerbox:
The Colorado Department of Transportation (CDOT), Office of Transportation Safety (OTS),
Highway Safety Office (HSO) would like to thank you for your dedication and interest in
improving traffic safety in your community. The HSO is pleased to inform you that your
application is tentatively approved for the amount referenced above. The award amount is
contingent upon funds being appropriated at the federal level and becoming available to CDOT,
and approval of the FY27 Colorado Annual Grant Application.
This letter does not constitute a contract or a Notice to Proceed. This letter does not authorize
any reimbursable activity or expenditure until any project or budget revisions are completed
and approved and a grant agreement or purchase order is issued.
Please contact me at brooke.rohde@state.co.us to discuss budget and application finalization.
All modifications are due no later than Friday, May 8, 2026. Thank you for your commitment
toward improving traffic safety.
Sincerely,
Brooke Rohde
Program Manager
2829 W I Inward lal.ace, 5`1 I:I.rarar, Dower, C o. 8020 • P 30 3.757.9421 I:::' "10)"1.757.9078 www.cral.cradcdrat.Into
Colorado Dept of Transportation
2829 W. Howard Place
Denver CO 80204
Buyer: Richard Clark
Phone Number:
Agency Contact: Josephine Oldaker
Phone Number: 303-365-7044
Vendor Master#: 2000036
Phone: 719-553-2643
Vendor Contact:
V
E CITY OF PUEBLO
N 200 S MAIN STREET
D PUEBLO CO 81003
0
DATE: 07/11/2026
IMPORTANT
The PO# and Line#
must appear on all
invoices, packing
slips, cartons and PO#411045403
correspondence Award#:
I BID#:
chase Order
State of Colorado
III1111111111111111111111111111
Page# 1 of 1
Invoice
TO: CDOT OFFICE OF TRANSP. SAFETY
2829 W. Howard Place
DENVER CO 80204
Payment will be made by this agency
INSTRUCFIONS TU VENJUR TO: Colorado Dept of Transportation
2829 W Howard P1
1. If for any reason, delivery of this order is delayed beyond the delivery/Installation date shown, please notify Denver CO 8 02 04
the agency contact named at the top left (Right of cancellation is reserved in instances in which timely delivery
is not made). 2. All chemicals, equipment and materials must conform to the standards required by OSHA. Delivery/Installation Date: 09/30/2027
3. NOTE: Additional terms and conditions on reverse side or at address shown in Special Instmctions.
PO Expiration Date: 09/30/2027
SPECIAL INSTRUCTIONS
*Office of Transportation Safety Pueblo Police Dept. Effective 10/01/2026 through 09/30/2027
LINE PRODUCT NUMBER UOM QUANTITY UNIT COST TOTAL ITEM COST
PRODUCT CATEGORY PLANT
DESCRIPTION
00001
AU 25,000.00 1.00
92585 7001 0
OTS Grant FFY27 -
Pueblo PD PTS
THIS PO IS ISSUED IN ACCORDANCE WITH STATE AND FEDERAL REGULATIONS
https://osc.colorado.gov/spco/central-contracts-unit/purchase-order-terms-conditions
DP -01 (R-02/06)
25,000.00
DOCUMENT TOTAL: 25,000.00
FOR THE STATE OF COLORADO
Authorized Signature Date
Signature not required if PO transmitted
electronically.
State of Colorado Small Dollar Grant Award Terms and
Conditions
1. Offer/Acceptance.
This Small Dollar Grant Award, together with these terms and conditions (including, if
applicable, Addendum 1: Additional Terms and Conditions for Information Technology, and
Addendum 2: Additional Terms and Conditions for Federal Provisions, below), and any other
attachments, exhibits, specifications, or appendices, whether attached or incorporated by
reference (collectively the "Agreement") shall represent the entire and exclusive agreement
between the State of Colorado, by and through the agency identified on the face of the Small
Dollar Grant Award ("State") and the Subrecipient identified on the face of the Small Dollar
Grant Award ("Grantee"). If this Agreement refers to Grantee's bid or proposal, this Agreement
is an ACCEPTANCE of Grantee's OFFER TO PERFORM in accordance with the terms and
conditions of this Agreement. If a bid or proposal is not referenced, this Agreement is an OFFER
TO ENTER INTO AGREEMENT, subject to Grantee's acceptance, demonstrated by Grantee's
beginning performance or written acceptance of this Agreement. Any COUNTER-OFFER
automatically CANCELS this Agreement, unless a change order is issued by the State accepting a
counter-offer. Except as provided herein, the State shall not be responsible or liable for any
Work performed prior to issuance of this Agreement. The State's financial obligations to the
Grantee are limited by the amount of Grant Funds awarded as reflected on the face of the
Small Dollar Grant Award.
2. Order of Precedence.
In the event of a conflict or inconsistency within this Agreement, such conflict or inconsistency
shall be resolved by giving preference to the documents in the following order of priority: (1) if
applicable, Addendum 2: Additional Terms and Conditions for Federal Provisions, below; (2) the
Small dollar Grant Award document; (3) these terms and conditions (including, if applicable,
Addendum 1 below); and (4) any attachments, exhibits, specifications, or appendices, whether
attached or incorporated by reference. Notwithstanding the above, if this Agreement has been
funded, in whole or in part, with a Federal Award, in the event of a conflict between the
Federal Grant and this Agreement, the provisions of the Federal Grant shall control. Grantee
shall comply with all applicable Federal provisions at all times during the term of this
Agreement. Any terms and conditions included on Grantee's forms or invoices not included in
this Agreement are void.
3. Changes.
Once accepted in accordance with §1, this Agreement shall not be modified, superseded or
otherwise altered, except in writing by the State and accepted by Grantee.
4. Definitions.
The following terms shall be construed and interpreted as follows: (a) "Award" means an award
of Federal financial assistance, and the grant setting forth the terms and conditions of that
financial assistance, that a Non -Federal Entity receives or administer.;(b) "Budget" means the
budget for the Work described in this Agreement; (c) "Business Day" means any day in which
the State is open and conducting business, but shall not include Saturday, Sunday or any day on
which the State observes one of the holidays listed in CRS §24-11- 101(1); (d) "UCC" means the
Uniform Commercial Code in CRS Title 4; (e) "Effective Date" means the date on which this
Agreement is issued as shown on the face of the Small Dollar Grant Award; (f) "Federal Award"
means an award of federal financial assistance or a cost -reimbursement contract, by a Federal
Awarding Agency to the Recipient. "Federal Award" also means an agreement setting forth the
terms and conditions of the Federal Award, which terms and conditions shall flow down to the
Award unless such terms and conditions specifically indicate otherwise. The term does not
include payments to a contractor or payments to an individual that is a beneficiary of a Federal
program; (g) "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1; (h) "Grantee" means the party or parties identified as
such in the Grant to which these Terms and Conditions apply. Grantee also means Subrecipient;
(i) "Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Agreement; (j) "Matching Funds"
mean the funds provided by the Grantee to meet cost sharing requirements described in this
Agreement; (k) "Non -Federal Entity" means a State, local government, Indian tribe, institution
of higher education, or nonprofit organization that carries out a Federal Award as a Recipient or
Subrecipient; (l) "Recipient" means the State agency identified on the face of the Small Dollar
Grant Award; (m) "Subcontractor" means third parties, if any, engaged by Grantee to aid in
performance of the Work; (n) "Subrecipient" means an entity that receives a subaward from a
pass -through entity to carry out part of a Federal award. The term subrecipient does not
include a beneficiary or participant. A subrecipient may also be a recipient of other Federal
awards directly from a Federal agency; (o) "Uniform Guidance" means the Office of
Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. The terms and conditions of the Uniform Guidance flow down
to awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the
Federal Award specifically indicate otherwise; and (p) "Work" means the goods delivered or
services, or both, performed pursuant to this Agreement and identified as Line Items on the
face of the Small Dollar Grant Award.
5. Delivery.
Grantee shall furnish the Work in strict accordance with the specifications and price set forth in
this Agreement. The State shall have no liability to compensate Grantee for the performance of
any Work not specifically set forth in the Agreement.
6. Rights to Materials.
[Not Applicable to Agreements issued either in whole in part for Information Technology, as
defined in CRS § 24-37.5-102(2); in which case Addendum 1 §2 applies in lieu of this section.]
Unless specifically stated otherwise in this Agreement, all materials, including without
limitation supplies, equipment, documents, content, information, or other material of any type,
whether tangible or intangible (collectively "Materials"), furnished by the State to Grantee or
delivered by Grantee to the State in performance of its obligations under this Agreement shall
be the exclusive property the State. Grantee shall return or deliver all Materials to the State
upon completion or termination of this Agreement.
7. Grantee Records.
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a
complete file of all records, documents, communications, notes and other written materials,
electronic media files, and communications, pertaining in any manner to the Work (including,
but not limited to the operation of programs) performed under this Agreement (collectively
"Grantee Records"). Grantee must collect, transmit, and store information related to this
Agreement in open and machine-readable formats (2 CFR 200.336). Unless otherwise specified
by the State, the Grantee shall retain Grantee Records for a period (the "Record Retention
Period") of three years following the date of submission to the State of the final expenditure
report, or if this Award is renewed quarterly or annually, from the date of the submission of
each quarterly or annual report, respectively. If any litigation, claim, or audit related to this
Award starts before expiration of the Record Retention Period, the Record Retention Period
shall extend until all litigation, claims or audit finding have been resolved and final action taken
by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for
audit, oversight, or indirect costs, and the State, may notify Grantee in writing that the Record
Retention Period shall be extended. For records for real property and equipment, the Record
Retention Period shall extend three years following final disposition of such property. Grantee
shall permit the State, the federal government, and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and transcribe Grantee Records
during the Record Retention Period. Grantee shall make Grantee Records available during
normal business hours at Grantee's office or place of business, or at other mutually agreed upon
times or locations, upon no fewer than two Business Days' notice from the State, unless the
State determines that a shorter period of notice, or no notice, is necessary to protect the
interests of the State. The State, in its discretion, may monitor Grantee's performance of its
obligations under this Agreement using procedures as determined by the State. The federal
government and any other duly authorized agent of a governmental agency, in its discretion,
Grantee shall allow the State to perform all monitoring required by the Uniform Guidance,
based on the State's risk analysis of Grantee and this Agreement, and the State shall have the
right, in its discretion, to change its monitoring procedures and requirements at any time during
the term of this Agreement. The State will monitor Grantee's performance in a manner that
does not unduly interfere with Grantee's performance of the Work. Grantee shall promptly
submit to the State a copy of any final audit report of an audit performed on Grantee Records
that relates to or affects this Agreement or the Work, whether the audit is conducted by
Grantee, a State agency or the State's authorized representative, or a third party. If applicable,
the Grantee may be required to perform a single audit under 2 CFR 200.501, et seq. Grantee
shall submit a copy of the results of that audit to the State within the same timelines as the
submission to the federal government.
8. Reporting.
If Grantee is served with a pleading or other document in connection with an action before a
court or other administrative decision- making body, and such pleading or document relates to
this Agreement or may affect Grantee's ability to perform its obligations under this Agreement,
Grantee shall, within 10 days after being served, notify the State of such action and deliver
copies of such pleading or document to the State. Grantee shall disclose, in a timely manner, in
writing to the State and the Federal Awarding Agency, all violations of federal or State criminal
law involving fraud, bribery, or gratuity violations potentially affecting the Award. The State or
the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR
Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment.
9. Conflicts of Interest.
Grantee acknowledges that with respect to this Agreement, even the appearance of a conflict
of interest is harmful to the State's interests. Absent the State's prior written approval,
Grantee shall refrain from any practices, activities, or relationships that reasonably may appear
to be in conflict with the full performance of Grantee's obligations to the State under this
Agreement. If a conflict or appearance of a conflict of interest exists, or if Grantee is uncertain
as to such, Grantee shall submit to the State a disclosure statement setting forth the relevant
details for the State's consideration. Failure to promptly submit a disclosure statement or to
follow the State's direction in regard to the actual or apparent conflict constitutes a breach of
this Agreement. Grantee certifies that to their knowledge, no employee of the State has any
personal or beneficial interest whatsoever in the service or property described in this
Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect, that
would conflict in any manner or degree with the performance of Grantee's Services and Grantee
shall not employ any person having such known interests.
10. Taxes.
The State is exempt from federal excise taxes and from State and local sales and use taxes.
11. Payment.
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State
shall not pay Grantee any amount under this Agreement that exceeds the Document Total
shown on the face of the Small Dollar Grant Award. The State shall pay Grantee in the amounts
and in accordance with the schedule and other conditions set forth in this Agreement. Grantee
shall initiate payment requests by invoice to the State, in a form and manner approved by the
State. The State shall pay Grantee for all amounts due within 45 days after receipt of an
Awarding Agency's approved invoicing request, or in instances of reimbursement grant programs
a request for reimbursement, compliant with Generally Accepted Accounting Principles (GAAP)
and, if applicable Government Accounting Standards Board (GASB) of amount requested.
Amounts not paid by the State within 45 days of the State's acceptance of the invoice shall bear
interest on the unpaid balance beginning on the 45th day at the rate set forth in CRS §24-30-
202(24) until paid in full. Interest shall not accrue if a good faith dispute exists as to the State's
obligation to pay all or a portion of the amount due. Grantee shall invoice the State separately
for interest on delinquent amounts due, referencing the delinquent payment, number of day's
interest to be paid, and applicable interest rate. The acceptance of an invoice shall not
constitute acceptance of any Work performed under this Agreement. Except as specifically
agreed in this Agreement, Grantee shall be solely responsible for all costs, expenses, and other
charges it incurs in connection with its performance under this Grantee.
12. Term.
The parties' respective performances under this Agreement shall commence on the "Service
From" date identified on the face of the Small Dollar Grant Award, unless otherwise specified,
and shall terminate on the "Service To" date identified on the face of the Small Dollar Grant
Award unless sooner terminated in accordance with the terms of this Agreement.
13. Payment Disputes.
If Grantee disputes any calculation, determination or amount of any payment, Grantee shall
notify the State in writing of its dispute within 30 days following the earlier to occur of
Grantee's receipt of the payment or notification of the determination or calculation of the
payment by the State. The State will review the information presented by Grantee and may
make changes to its determination based on this review. The calculation, determination or
payment amount that results from the State's review shall not be subject to additional dispute
under this subsection. No payment subject to a dispute under this subsection shall be due until
after the State has concluded its review, and the State shall not pay any interest on any amount
during the period it is subject to dispute under this subsection.
14. Matching Funds.
Grantee shall provide Matching Funds, if required by this Agreement. If permitted under the
terms of the grant and per this Agreement, Grantee may be permitted to provide Matching
Funds prior to or during the course of the project or the match will be an in -kind match.
Grantee shall report to the State regarding the status of such funds upon request. Grantee's
obligation to pay all or any part of any Matching Funds, whether direct or contingent, only
extend to funds duly and lawfully appropriated for the purposes of this Agreement by the
authorized representatives of Grantee and paid into Grantee's treasury or bank account.
Grantee represents to the State that the amount designated "Grantee's Matching Funds"
pursuant to this Agreement, has been legally appropriated for the purposes of this Agreement
by its authorized representatives and paid into its treasury or bank account. Grantee does not
by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years,
and this Agreement is not intended to create a multiple -fiscal year debt of Grantee. Grantee
shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any
nature, except as required by Grantee's laws or policies.
15. Reimbursement of Grantee Costs.
If applicable, the State shall reimburse Grantee's allowable costs, not exceeding the maximum
total amount described in this Agreement for all allowable costs described in the grant except
that Grantee may adjust the amounts between each line item of the Budget without formal
modification to this Agreement as long as the Grantee provides notice to, and received approval
from the State of the change, the change does not modify the total maximum amount of this
Agreement, and the change does not modify any requirements of the Work. If applicable, the
State shall reimburse Grantee for the properly documented allowable costs related to the Work
after review and approval thereof, subject to the provisions of this Agreement. However, any
costs incurred by Grantee prior to the Effective Date shall not be reimbursed absent specific
allowance of pre -award costs. Grantee's costs for Work performed after the "Service To" date
identified on the face of the Small Dollar Grant Award, or after any phase performance period
end date for a respective phase of the Work, shall not be reimbursable. The State shall only
reimburse allowable costs described in this Agreement and shown in the Budget if those costs
are (a) reasonable and necessary to accomplish the Work, and (b) equal to the actual net cost
to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the
costs actually incurred).
16. Close -Out.
Grantee shall close out this Award within 45 days after the "Service To" date identified on the
face of the Small Dollar Grant Award, including any modifications. To complete close-out,
Grantee shall submit to the State all deliverables (including documentation) as defined in this
Agreement and Grantee's final reimbursement request or invoice. In accordance with the
Agreement, the State may withhold a percentage of allowable costs until all final
documentation has been submitted and accepted by the State as substantially complete.
17. Assignment.
Grantee's rights and obligations under this Agreement may not be transferred or assigned
without the prior, written consent of the State and execution of a new agreement. Any attempt
at assignment or transfer without such consent and new agreement shall be void. Any
assignment or transfer of Grantee's rights and obligations approved by the State shall be
subject to the provisions of this Agreement.
18. Subcontracts.
Grantee shall not enter into any subcontract in connection with its obligations under this
Agreement without the prior, written approval of the State. Grantee shall submit to the State a
copy of each subcontract upon request by the State. All subcontracts entered into by Grantee in
connection with this Agreement shall comply with all applicable federal and state laws and
regulations, shall provide that they are governed by the laws of the State of Colorado, and shall
be subject to all provisions of this Agreement.
19. Severability.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity
or enforceability of any other provision of this Agreement, which shall remain in full force and
effect, provided that the Parties can continue to perform their obligations in accordance with
the intent of the Agreement.
20. Survival of Certain Agreement Terms.
Any provision of this Agreement that imposes an obligation on a party after termination or
expiration of the Agreement shall survive the termination or expiration of the Agreement and
shall be enforceable by the other party.
21.Third Party Beneficiaries.
Except for the parties' respective successors and assigns, this Agreement does not and is not
intended to confer any rights or remedies upon any person or entity other than the Parties.
Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to
the parties. Any services or benefits which third parties receive as a result of this Agreement
are incidental to the Agreement, and do not create any rights for such third parties.
22. Waiver.
A party's failure or delay in exercising any right, power, or privilege under this Agreement,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or
partial exercise of any right, power, or privilege preclude any other or further exercise of such
right, power, or privilege.
23. Indemnification.
[Not Applicable to Inter -governmental agreements] Grantee shall indemnify, save, and hold
harmless the State, its employees, agents and assignees (the "Indemnified Parties"), against
any and all costs, expenses, claims, damages, liabilities, court awards and other amounts
(including attorneys' fees and related costs) incurred by any of the Indemnified Parties in
relation to any act or omission by Grantee, or its employees, agents, Subcontractors, or
assignees in connection with this Agreement. This shall include, without limitation, any and all
costs, expenses, claims, damages, liabilities, court awards and other amounts incurred by the
Indemnified Parties in relation to any claim that any work infringes a patent, copyright,
trademark, trade secret, or any other intellectual property right or any claim for loss or
improper disclosure of any confidential information or personally identifiable information. If
Grantee is a public agency prohibited by applicable law from indemnifying any party, then this
section shall not apply.
24. Notice.
All notices given under this Agreement shall be in writing, and shall be delivered to the contacts
for each party listed on the face of the Small Dollar Grant Award. Either party may change its
contact or contact information by notice submitted in accordance with this section without a
formal modification to this Agreement.
25, Insurance.
Except as otherwise specifically stated in this Agreement or any attachment or exhibit to this
Agreement, Grantee shall obtain and maintain insurance as specified in this section at all times
during the term of the Agreement: (a) workers' compensation insurance as required by state
statute, and employers' liability insurance covering all Grantee employees acting within the
course and scope of their employment, (b) Commercial general liability insurance written on an
Insurance Services Office occurrence form, covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows: $1,000,000 each
occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations
aggregate; and $50,000 any one fire, and (c) Automobile liability insurance covering any auto
(including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each
accident combined single limit. If Grantee will or may have access to any protected
information, then Grantee shall also obtain and maintain insurance covering loss and disclosure
of protected information and claims based on alleged violations of privacy right through
improper use and disclosure of protected information with limits of $1,000,000 each occurrence
and $1,000,000 general aggregate at all times during the term of the Small Dollar Grant Award.
Additional insurance may be required as provided elsewhere in this Agreement or any
attachment or exhibit to this Agreement. All insurance policies required by this Agreement shall
be issued by insurance companies with an AM Best rating of A -VIII or better. If Grantee is a
public agency within the meaning of the Colorado Governmental Immunity Act, then this section
shall not apply and Grantee shall instead comply with the Colorado Governmental Immunity Act.
26. Termination Prior to Grantee Acceptance.
If Grantee has not begun performance under this Agreement, the State may cancel this
Agreement by providing written notice to the Grantee.
27. Termination for Cause.
If Grantee refuses or fails to timely and properly perform any of its obligations under this
Agreement with such diligence as will ensure its completion within the time specified in this
Agreement, the State may notify Grantee in writing of non-performance and, if not corrected
by Grantee within the time specified in the notice, terminate Grantee's right to proceed with
the Agreement or such part thereof as to which there has been delay or a failure. Grantee shall
continue performance of this Agreement to the extent not terminated. Grantee shall be liable
for excess costs incurred by the State in procuring similar Work and the State may withhold such
amounts, as the State deems necessary. If after rejection, revocation, or other termination of
Grantee's right to proceed under the Colorado Uniform Commercial Code (CUCC) or this clause,
the State determines for any reason that Grantee was not in default or the delay was excusable,
the rights and obligations of the State and Grantee shall be the same as if the notice of
termination had been issued pursuant to termination under §28.
28.Termination in Public Interest.
The State is entering into this Agreement for the purpose of carrying out the public interest of
the State, as determined by its Governor, General Assembly, Courts, or Federal Awarding
Agency. If this Agreement ceases to further the public interest of the State as determined by its
Governor, General Assembly, Courts, or Federal Awarding Agency, the State, in its sole
discretion, may terminate this Agreement in whole or in part and such termination shall not be
deemed to be a breach of the State's obligations hereunder. This section shall not apply to a
termination for cause, which shall be governed by §27. A determination that this Small Dollar
Grant Award should be terminated in the public interest shall not be equivalent to a State right
to terminate for convenience. The State shall give written notice of termination to Grantee
specifying the part of the Agreement terminated and when termination becomes effective.
Upon receipt of notice of termination, Grantee shall not incur further obligations except as
necessary to mitigate costs of performance. The State shall pay the Agreement price or rate for
Work performed and accepted by State prior to the effective date of the notice of termination.
The State's termination liability under this section shall not exceed the total Agreement price.
29.Termination for Funds Availability.
The State is prohibited by law from making commitments beyond the term of the current State
Fiscal Year. Payment to Grantee beyond the current State Fiscal Year is contingent on the
appropriation and continuing availability of Grant Funds in any subsequent year (as provided in
the Colorado Special Provisions). If federal funds or funds from any other non -State funds
constitute all or some of the Grant Funds, the State's obligation to pay Grantee shall be
contingent upon such non -State funding continuing to be made available for payment. Payments
to be made pursuant to this Agreement shall be made only from Grant Funds, and the State's
liability for such payments shall be limited to the amount remaining of such Grant Funds. If
State, federal or other funds are not appropriated, or otherwise become unavailable to fund
this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in
part, without incurring further liability. The State shall, however, remain obligated to pay for
Work performed and accepted prior to the effective date of notice of termination, and this
termination shall otherwise be treated as if this Agreement were terminated in the public
interest as described in §28.
30. Grantee's Termination Under Federal Requirements.
If the Grant Funds include any federal funds, then Grantee may request termination of this
Grant by sending notice to the State, or to the Federal Awarding Agency with a copy to the
State, which includes the reasons for the termination and the effective date of the termination.
If this Grant is terminated in this manner, then Grantee shall return any advanced payments
made for Work that will not be performed prior to the effective date of the termination.
31. Governmental Immunity.
Liability for claims for injuries to persons or property arising from the negligence of the State,
its departments, boards, commissions committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act,
CRS §24-10-101, et seq., the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C.
1346(b), and the State's risk management statutes, CRS §§24-30-1501, et seq. No term or
condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections, or other provisions, contained in these
statutes.
32. Grant Recipient.
Grantee shall perform its duties hereunder as a grant recipient and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of
the State. Grantee shall not have authorization, express or implied, to bind the State to any
agreement, liability or understanding, except as expressly set forth herein. Grantee and its
employees and agents are not entitled to unemployment insurance or workers compensation
benefits through the State and the State shall not pay for or otherwise provide such coverage
for Grantee or any of its agents or employees. Grantee shall pay when due all applicable
employment taxes and income taxes and local head taxes incurred pursuant to this Agreement.
Grantee shall (a) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (b) provide proof thereof when
requested by the State, and (c) be solely responsible for its acts and those of its employees and
agents.
33. Compliance with Law.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect
or hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
34. Choice of Law, Jurisdiction and Venue.
[Not Applicable to Inter -governmental agreements] Colorado law, and rules and regulations
issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of
this Agreement. Any provision included or incorporated herein by reference which conflicts with
said laws, rules, and regulations shall be null and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue
shall be in the City and County of Denver. Any provision incorporated herein by reference which
purports to negate this or any other provision in this Agreement in whole or in part shall not be
valid or enforceable or available in any action at law, whether by way of complaint, defense, or
otherwise. Any provision rendered null and void by the operation of this provision or for any
other reason shall not invalidate the remainder of this Agreement, to the extent capable of
execution. Grantee shall exhaust administrative remedies in CRS §24-109-106, prior to
commencing any judicial action against the State regardless of whether the Colorado
Procurement Code applies to this Agreement.
35. Prohibited Terms.
Nothing in this Agreement shall be construed as a waiver of any provision of CRS §24-106-109.
Any term included in this Agreement that requires the State to indemnify or hold Grantee
harmless; requires the State to agree to binding arbitration; limits Grantee's liability for
damages resulting from death, bodily injury, or damage to tangible property; or that conflicts
with that statute in any way shall be void ab initio.
36. Public Contracts for Services.
[Not Applicable to offer, issuance, or sale of securities, investment advisory services, fund
management services, sponsored projects, intergovernmental grant agreements, or information
technology services or products and services] Grantee certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this
Agreement and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation
in the E -Verify Program or the Department program established pursuant to CRS §8-17.5-
102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement or enter into a contract or agreement with a Subcontractor that fails to
certify to Grantee that the Subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement. Grantee shall (a) not use E -Verify Program or
Department program procedures to undertake pre- employment screening of job applicants
during performance of this Agreement, (b) notify Subcontractor and the State within three days
if Grantee has actual knowledge that Subcontractor is employing or contracting with an illegal
alien for work under this Agreement, (c) terminate the subcontract if Subcontractor does not
stop employing or contracting with the illegal alien within three days of receiving notice, and (d)
comply with reasonable requests made in the course of an investigation, undertaken pursuant to
CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee
participates in the Department program, Grantee shall deliver to the State a written, notarized
affirmation that Grantee has examined the legal work status of such employee, and shall comply
with all of the other requirements of the Department program. If Grantee fails to comply with
any requirement of this provision or CRS §8-17.5-101 et seq., the State may terminate this
Agreement for breach and, if so terminated, Grantee shall be liable for damages.
37. Public Contracts with Natural Persons.
Grantee, if a natural person 18 years of age or older, hereby swears and affirms under penalty
of perjury that the person (a) is a citizen or otherwise lawfully present in the United States
pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and
(c) has produced a form of identification required by CRS §24-76.5-103 prior to the date
Grantee begins Work under terms of the Agreement.
38. Whistle Blower Protections.
An employee of a grantee must not be discharged, demoted, or otherwise discriminated against
as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712
information that the employee reasonably believes is evidence of gross mismanagement of a
Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a
Federal contract or grant, a substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a Federal contract (including the competition for
or negotiation of a contract) or grant. The subrecipient must inform their employees in writing
of employee whistleblower rights and protections under 41 U.S.C. 4712. See statutory
requirements for whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304,
and 10 U.S.C. 4310.
39. Accessibility.
Grantee shall comply with the Accessibility Standards for Individuals with a Disability, as
adopted by the Office of Information Technology pursuant to §24-85-103 C.R.S. The State may
require Grantee's compliance with the Accessibility Standards for Individuals with a Disability
adopted by the Office of Information Technology pursuant to §24-85-103 C.R.S. is determined
and tested by a qualified third party selected by the State. The State may ask the Grantee to
review the selection of the third party. Grantee shall be responsible for all costs associated with
the third -party vendor's assessment. If Grantee is not in compliance as determined by the third -
party vendor, at the State's request and at the State's direction, Grantee shall promptly take
all necessary actions to come into compliance using a State -approved vendor, at no additional
cost to the State. Grantee shall indemnify, save, hold harmless, and assume liability on behalf
of the State, its officers, employees, agents and assignees (collectively the "Indemnified
Parties"), for any and all costs, expenses, claims, damages, liabilities, court awards, attorney
fees and related costs, and other amounts incurred by any of the Indemnified Parties in relation
to Contractor's noncompliance with §§24-85-101, et seq., C.R.S., or the Accessibility Standards
for Individuals with a Disability as established by the Office of Information Technology pursuant
to Section §24-85-103, C.R.S. State employees are considered third parties for the purposes of
this section.
Addendum 1:
Additional Terms it Conditions for Information Technology
If any part of the subject matter of this Agreement is Information Technology, as defined in CRS c
24-37.5-102(2), the following provisions also apply to this Agreement.
A. Definitions.
The following terms shall be construed and interpreted as follows: (a) "CJI" means criminal
justice information collected by criminal justice agencies needed for the performance of their
authorized functions, including, without limitation, all information defined as criminal justice
information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy, as amended, and all Criminal Justice Records as defined
under CRS §24-72-302; (b) "Incident" means any accidental or deliberate event that results in or
constitutes an imminent threat of the unauthorized access, loss, disclosure, modification,
disruption, or destruction of any communications or information resources of the State,
pursuant to CRS §§24-37.5-401 et seq.; (c) "PCI" means payment card information including any
data related to credit card holders' names, credit card numbers, or the other credit card
information as may be protected by state or federal law; (d) "PHI" means any protected health
information, including, without limitation any information whether oral or recorded in any form
or medium that relates to the past, present or future physical or mental condition of an
individual; the provision of health care to an individual; or the past, present or future payment
for the provision of health care to an individual; and that identifies the individual or with
respect to which there is a reasonable basis to believe the information can be used to identify
the individual including, without limitation, any information defined as Individually Identifiable
Health Information by the federal Health Insurance Portability and Accountability Act; (e) "PII"
means personally identifiable information including, without limitation, any information
maintained by the State about an individual that can be used to distinguish or trace an
individual's identity, such as name, social security number, date and place of birth, mother's
maiden name, or biometric records, including, without limitation, all information defined as
personally identifiable information in CRS §24-72-501; (f) "State Confidential Information"
means any and all State Records not subject to disclosure under the Colorado Open Records Act
and includes, without limitation, PII, PHI, PCI, Tax Information, CJI, and State personnel records
not subject to disclosure under the Colorado Open Records Act, (g) "State Fiscal Rules" means
those fiscal rules promulgated by the Colorado State Controller pursuant to CRS §24-30-
202(13)(a); (h) "State Fiscal Year" means a 12 month period beginning on July 1 of each
calendar year and ending on June 30 of the following calendar year; (i) "State Records" means
any and all State data, information, and records, regardless of physical form; (j) "Tax
Information" means federal and State of Colorado tax information including, without limitation,
federal and State tax returns, return information, and such other tax -related information as
may be protected by federal and State law and regulation, including, without limitation all
information defined as federal tax information in Internal Revenue Service Publication 1075;
and (k) "Work Product" means the tangible and intangible results of the delivery of goods and
performance of services, whether finished or unfinished, including drafts. Work Product
includes, but is not limited to, documents, text, software (including source code), research,
reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how,
information, and any other results of the Work, but does not include any material that was
developed prior to the Effective Date that is used, without modification, in the performance of
the Work.
B. Intellectual Property.
Except to the extent specifically provided elsewhere in this Agreement, any State information,
including without limitation pre-existing State software, research, reports, studies, data,
photographs, negatives or other documents, drawings, models, materials; or Work Product
prepared by Grantee in the performance of its obligations under this Agreement shall be the
exclusive property of the State (collectively, "State Materials"). All State Materials shall be
delivered to the State by Grantee upon completion or termination of this Agreement. The
State's exclusive rights in any Work Product prepared by Grantee shall include, but not be
limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee
shall not use, willingly allow, cause or permit any State Materials to be used for any purpose
other than the performance of Grantee's obligations hereunder without the prior written
consent of the State. The State shall maintain complete and accurate records relating to (a) its
use of all Grantee and third party software licenses and rights to use any Grantee or third party
software granted under this Agreement and its attachments to which the State is a party and (b)
all amounts payable to Grantee pursuant to this Agreement and its attachments and the State's
obligations under this Agreement or any amounts payable to Grantee in relation to this
Agreement, which records shall contain sufficient information to permit Grantee to confirm the
State's compliance with the use restrictions and payment obligations under this Agreement or to
any third party use restrictions to which the State is a party. Grantee retains the exclusive
rights, title and ownership to any and all pre-existing materials owned or licensed to Grantee
including, but not limited to all pre-existing software, licensed products, associated source
code, machine code, text images, audio, video, and third party materials, delivered by Grantee
under the Agreement, whether incorporated in a deliverable or necessary to use a deliverable
(collectively, "Grantee Property"). Grantee Property shall be licensed to the State as set forth
in a State -approved license agreement (a) entered into as exhibits or attachments to this
Agreement, (b) obtained by the State from the applicable third party Grantee, or (c) in the case
of open source software, the license terms set forth in the applicable open source license
agreement. Notwithstanding anything to the contrary herein, the State shall not be subject to
any provision incorporated in any exhibit or attachment attached hereto, any provision
incorporated in any terms and conditions appearing on any website, any provision incorporated
into any click through or online agreements, or any provision incorporated into any other
document or agreement between the parties that (a) requires the State or the State to
indemnify Grantee or any other party, (b) is in violation of State laws, regulations, rules, State
Fiscal Rules, policies, or other State requirements as deemed solely by the State, or (c) is
contrary to this Agreement.
C. Information Confidentiality.
Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State
Records, unless those State Records are publicly available. Grantee shall not, without prior
written approval of the State, use, publish, copy, disclose to any third party, or permit the use
by any third party of any State Records, except as otherwise stated in this Agreement,
permitted by law, or approved in writing by the State. If Grantee will or may have access to any
State Confidential Information or any other protected information, Grantee shall provide for the
security of all State Confidential Information in accordance with all applicable laws, rules,
policies, publications, and guidelines. Grantee shall comply with all Colorado Office of
Information Security ("OIS") policies and procedures which OIS has issued pursuant to CRS §§24-
37.5-401 through 406 and 8 CCR §1501-5 and posted at http://oit.state.co.us/ois, all
information security and privacy obligations imposed by any federal, state, or local statute or
regulation, or by any industry standards or guidelines, as applicable based on the classification
of the data relevant to Grantee's performance under this Agreement. Such obligations may arise
from: Health Information Portability and Accountability Act (HIPAA); IRS Publication 1075;
Payment Card Industry Data Security Standard (PCI-DSS); FBI Criminal Justice Information
Service Security Addendum; Centers for Medicare &t Medicaid Services (CMS) Minimum
Acceptable Risk Standards for Exchanges; and Electronic Information Exchange Security
Requirements and Procedures for State and Local Agencies Exchanging Electronic Information
with The Social Security Administration. Grantee shall immediately forward any request or
demand for State Records to the State's principal representative.
D. Other Entity Access and Nondisclosure Agreements.
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the work, but shall restrict access to State Confidential Information to
those agents, employees, assigns, and Subcontractors who require access to perform their
obligations under this Agreement. Grantee shall ensure all such agents, employees, assigns, and
Subcontractors sign agreements containing nondisclosure provisions at least as protective as
those in this Agreement, and that the nondisclosure provisions are in force at all times the
agent, employee, assign, or Subcontractors has access to any State Confidential Information.
Grantee shall provide copies of those signed nondisclosure provisions to the State upon
execution of the nondisclosure provisions if requested by the State.
E. Use, Security, and Retention.
Grantee shall use, hold, and maintain State Confidential Information in compliance with any and
all applicable laws and regulations only in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information. Grantee shall provide the State with access, subject to Grantee's reasonable
security requirements, for purposes of inspecting and monitoring access and use of State
Confidential Information and evaluating security control effectiveness. Upon the expiration or
termination of this Agreement, Grantee shall return State Records provided to Grantee or
destroy such State Records and certify to the State that it has done so, as directed by the State.
If Grantee is prevented by law or regulation from returning or destroying State Confidential
Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such
State Confidential Information.
F. Incident Notice and Remediation.
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. Unless Grantee can establish none of Grantee or any of its agents,
employees, assigns or Subcontractors are the cause or source of the Incident, Grantee shall be
responsible for the cost of notifying each person who may have been impacted by the Incident.
After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of
Incident in the future as directed by the State, which may include, but is not limited to,
developing and implementing a remediation plan that is approved by the State at no additional
cost to the State. The State may adjust or direct modifications to this plan, in its sole discretion
and Grantee shall make all modifications as directed by the State. If Grantee cannot produce its
analysis and plan within the allotted time, the State, in its sole discretion, may perform such
analysis and produce a remediation plan, and Grantee shall reimburse the State for the
reasonable actual costs thereof.
G. Data Protection and Handling.
Grantee shall ensure that all State Records and Work Product in the possession of Grantee or
any Subcontractors are protected and handled in accordance with the requirements of this
Agreement at all times. Upon request by the State made any time prior to 60 days following the
termination of this Agreement for any reason, whether or not this Agreement is expiring or
terminating, Grantee shall make available to the State a complete and secure download file of
all data that is encrypted and appropriately authenticated. This download file shall be made
available to the State within 10 Business Days following the State's request, and shall contain,
without limitation, all State Records, Work Product, and any other information belonging to the
State. Upon the termination of Grantee's services under this Agreement, Grantee shall, as
directed by the State, return all State Records provided by the State to Grantee, and the copies
thereof, to the State or destroy all such State Records and certify to the State that it has done
so. If legal obligations imposed upon Grantee prevent Grantee from returning or destroying all
or part of the State Records provided by the State, Grantee shall guarantee the confidentiality
of all State Records in Grantee's possession and will not actively process such data. The State
retains the right to use the established operational services to access and retrieve State Records
stored on Grantee's infrastructure at its sole discretion and at any time.
H. Compliance.
If applicable, Grantee shall review, on a semi-annual basis, all OIS policies and procedures
which OIS has promulgated pursuant to CRS §§ 24-37.5-401 through 406 and 8 CCR § 1501-5 and
posted at http://oit.state.co.us/ois, to ensure compliance with the standards and guidelines
published therein. Grantee shall cooperate, and shall cause its Subcontractors to cooperate,
with the performance of security audit and penetration tests by OIS or its designee.
I. Safeguarding P11.
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee
shall provide for the security of such PII, in a manner and form acceptable to the State,
including, without limitation, all State requirements relating to non -disclosure, use of
appropriate technology, security practices, computer access security, data access security, data
storage encryption, data transmission encryption, security inspections, and audits. Grantee shall
take full responsibility for the security of all PII in its possession or in the possession of its
Subcontractors, and shall hold the State harmless for any damages or liabilities resulting from
the unauthorized disclosure or loss thereof. Grantee shall be a "Third -Party Service Provider" as
defined in CRS §24-73-103(1)(i) and shall maintain security procedures and practices consistent
with CRS §§24-73-101 et seq. In addition, as set forth in §24-74-102, et seq., C.R.S., Grantee,
including, but not limited to, Grantee's employees, agents and subcontractors, agrees not to
share any PII with any third parties for the purpose of investigating for, participating in,
cooperating with, or assisting with Federal immigration enforcement. If Grantee is given direct
access to any State databased containing PII, Grantee shall execute, on behalf of itself and its
employees, the Certification PII Individual Certification Form or PII Entity Certification Form on
an annual basis and Grantee's duty shall continue as long as Grantee has direct access to any
State databases containing PII. If Grantee uses any subcontractors to perform services requiring
direct access to State databases containing PII, the Grantee shall require such subcontractors to
execute and deliver the certification to the State on an annual basis, so long as the
subcontractor has access to State databases containing PII.
J. Software Piracy Prohibition.
The State or other public funds payable under this Agreement shall not be used for the
acquisition, operation, or maintenance of computer software in violation of federal copyright
laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the
term of this Agreement and any extensions, Grantee has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that
Grantee is in violation of this provision, the State may exercise any remedy 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
restriction
K. Information Technology.
To the extent that Grantee provides physical or logical storage of State Records; Grantee
creates, uses, processes, discloses, transmits, or disposes of State Records; or Grantee is
otherwise given physical or logical access to State Records in order to perform Grantee's
obligations under this Agreement, the following terms shall apply. Grantee shall, and shall
cause its Subcontractors, to: Provide physical and logical protection for all hardware, software,
applications, and data that meets or exceeds industry standards and the requirements of this
Agreement; Maintain network, system, and application security, which includes, but is not
limited to, network firewalls, intrusion detection (host and network), annual security testing,
and improvements or enhancements consistent with evolving industry standards; Comply with
State and federal rules and regulations related to overall security, privacy, confidentiality,
integrity, availability, and auditing; Provide that security is not compromised by unauthorized
access to workspaces, computers, networks, software, databases, or other physical or
electronic environments; Promptly report all Incidents, including Incidents that do not result in
unauthorized disclosure or loss of data integrity, to a designated representative of the OIS;
Comply with all rules, policies, procedures, and standards issued by the Governor's Office of
Information Technology (OIT), including project lifecycle methodology and governance,
technical standards, documentation, and other requirements posted at
www.oit.state.co.us/about/policies. Grantee shall not allow remote access to State Records
from outside the United States, including access by Grantee's employees or agents, without the
prior express written consent of OIS. Grantee shall communicate any request regarding non-U.S.
access to State Records to the State. The State, acting by and through OIS, shall have sole
discretion to grant or deny any such request.
Grant Federal Provisions
If any part of this PO has been funded, in whole or in part, with federal funds, then following
provisions shall also apply to this PO.
1. Applicability of Provisions.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or
in part, with an Award of Federal funds. In the event of a conflict between the
provisions of these Federal Provisions, the Special Provisions, the body of the Grant, or
any attachments or exhibits incorporated into and made a part of the Grant, the
provisions of these Federal Provisions shall control.
These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions, as
may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency
or institutions of higher education.
2. Definitions.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below. For a full list of definitions (as of October 1, 2024) under the
Uniform Guidance, see 2 CFR 200.1.
2.1.1. "Award" means an award of Federal financial assistance, and the Grant setting
forth the terms and conditions of that financial assistance, that a non -Federal
Entity receives or administers.
2.1.2. "Entity" means:
2.1.2.1. a non-federal entity;
2.1.2.2. a non-profit organization or for-profit organization;
2.1.3. "Executive" means an officer, managing partner or any other employee in a
management position.
2.1.4. "Federal Awarding Agency" means a Federal agency providing a Federal Award to
a Recipient as described in 2 CFR 200.1
2.1.5. "Grant" means the Grant to which these Federal Provisions are attached.
2.1.6. "Grantee" means the party or parties identified as such in the Grant to which these
Federal provisions are attached. Grantee also means Subrecipient.
2.1.7. "Non -Federal Entity" means a State, local government, Indian tribe, institution of
higher education, or nonprofit organization that carries out a Federal Award as a
Recipient or a Subrecipient.
2.1.8. "Nonprofit Organization" organization, that:
2.1.8.1. Is operated primarily for scientific, educational, service, charitable,
or similar purposes in the public interest;
2.1.8.2. Is not organized primarily for profit; and
2.1.8.3. Uses net proceeds to maintain, improve, or expand the organization's
operations; and
2.1.8.4. Is not an IHE.
2.1.9. "OMB" means the Executive Office of the President, Office of Management and
Budget.
2.1.10. "Pass -through Entity" means a recipient or subrecipient that provides a Subaward
to a Subrecipient (including lower tier subrecipients) to carry out part of a
Federal program. The authority of the pass -through entity under this part flows
through the Subaward agreements between the pass -through entity and
subrecipient.
2.1.11. "Recipient" means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are
attached.
2.1.12. "Subaward" means an award provided by a pass -through entity to a Subrecipient
to contribute to the goals and objectives of the project by carrying out part of a
Federal award received by the pass -through entity. The term does not include
payments to a contractor, beneficiary or participant.
2.1.13. "Subrecipient" means an entity that receives a subaward from a pass -through
entity to carry out part of a Federal award. The term subrecipient does not
include a beneficiary or participant. A subrecipient may also be a recipient of
other Federal awards directly from a Federal agency. Subrecipient also means
Grantee.
2.1.14. "System for Award Management (SAM)" means the Federal repository into which
an Entity must enter the information required under the Transparency Act, which
may be found at http://www.sam.gov.
2.1.15. "Total Compensation" means the cash and noncash dollar value an Executive
earns during the entity's preceding fiscal year. This includes all items of
compensation as prescribed in 17 CFR 229.402(c)(2).
2.1.16. "Transparency Act" means the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. "Unique Entity ID" (UEI) is the universal identifier for federal financial assistance
applicants, as well as recipients and their direct subrecipients (first tier
subrecipients).
2.1.18. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards
to Subrecipients unless the Uniform Guidance or the terms and conditions of the
Federal Award specifically indicate otherwise.
3. Compliance.
3.1. Subrecipient shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance,
and all applicable Federal Laws and regulations required by this Federal Award. Any
revisions to such provisions or regulations shall automatically become a part of these
Federal Provisions, without the necessity of either party executing any further
instrument. The State of Colorado, at its discretion, may provide written notification to
Subrecipient of such revisions, but such notice shall not be a condition precedent to the
effectiveness of such revisions.
4. System for Award Management (SAM) and Unique Entity ID Requirements.
4.1. SAM. Subrecipient must obtain a UEI but are not required to fully register in Sam.gov.
Subrecipient shall maintain the currency of its information in SAM until the Subrecipient
submits the final financial report required under the Award or receives final payment,
whichever is later. Subrecipient shall review and update SAM information at least
annually after the initial registration, and more frequently if required by changes in its
information.
4.2. Unique Entity ID. Subrecipient shall provide its Unique Entity ID to its Recipient, and
shall update Subrecipient's information at http://www.sam.gov at least annually after
the initial registration, and more frequently if required by changes in Subrecipient's
information.
5. Total Compensation.
5.1.1. Subrecipient shall include Total Compensation in SAM for each of its five most
highly compensated Executives for the preceding fiscal year if:
5.1.2. The total Federal funding authorized to date under the Award is $30,000 or more;
and
5.1.3. In the preceding fiscal year, Subrecipient received:
5.1.3.1. 80% or more of its annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance
Awards or Subawards subject to the Transparency Act; and
5.1.3.2. $25,000,000 or more in annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal financial
assistance Awards or Subawards subject to the Transparency Act; and
5.1.3.3. The public does not have access to information about the
compensation of such Executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
6. Reporting.
6.1. Pursuant to the Transparency Act, Subrecipient shall report data elements to SAM and to
the Recipient as required in this Exhibit. No direct payment shall be made to
Subrecipient for providing any reports required under these Federal Provisions and the
cost of producing such reports shall be included in the Grant price. The reporting
requirements in this Exhibit are based on guidance from the OMB, and as such are
subject to change at any time by OMB. Any such changes shall be automatically
incorporated into this Grant and shall become part of Subrecipient's obligations under
this Grant.
7. Effective Date and Dollar Threshold for Reporting.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent
Award modifications result in a total Award of $30,000 or more, the Award is subject to
the reporting requirements as of the date the Award exceeds $30,000. If the initial
Award is $30,000 or more, but funding is subsequently de -obligated such that the total
award amount falls below $30,000, the Award shall continue to be subject to the
reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Recipient
as of December 26, 2015. The standards set forth in §11 below are applicable to audits
of fiscal years beginning on or after December 26, 2014.
8. Subrecipient Reporting Requirements.
8.1. Subrecipient shall report as set forth below.
8.1.1. To Recipient. A Subrecipient shall report the following data elements in SAM for
each Federal Award Identification Number (FAIN) assigned by a Federal agency to
a Recipient no later than the end of the month following the month in which the
Subaward was made:
8.1.1.1. Subrecipient Unique Entity ID;
8.1.1.2. Subrecipient Unique Entity ID if more than one electronic fund
transfer (EFT) account;
8.1.1.3. Subrecipient parent's organization Unique Entity ID;
8.1.1.4. Subrecipient's address, including: Street Address, City, State,
Country, Zip + 4, and Congressional District;
8.1.1.5. Subrecipient's top 5 most highly compensated Executives if the
criteria in §4 above are met; and Subrecipient's Total Compensation
of top 5 most highly compensated Executives if the criteria in §4
above met.
8.1.1.6. Primary Place of Performance Information, including: Street Address,
City, State, Country, Zip Code +4, and Congressional District.
8.1.2. The Recipient is required to submit this information to the Federal Funding
Accountability and Transparency Act Subaward Reporting System (FSRS) at
http: //www.frsrs.gov.
9. Procurement Standards.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable
regulations, provided that the procurements conform to applicable Federal law and the
standards identified in the Uniform Guidance, including without limitation, 2 CFR
200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the
extent consistent with law, the non -Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards including all contracts
and purchase orders for work or products under this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of
a political subdivision of the State, its contractors must comply with section 6002 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only items designated in guidelines
of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000
or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;
procuring solid waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
9.4. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing "Never contract with the enemy"
in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered contracts, grants and
cooperative agreements that are expected to exceed $50,000 during the period of
performance, are performed outside the United States and its territories, and are in
support of a contingency operation in which members of the Armed Forces are actively
engaged in hostilities.
9.5. Prohibition on certain telecommunications and video surveillance equipment or services
(2 CFR 200.216). Subrecipient is prohibited from obligating or expending loan or grant
funds on certain telecommunications and video surveillance services or equipment
pursuant to 2 CFR 200.216.
10. Access to Records.
10.1. A Subrecipient shall permit Recipient and its auditors to have access to Subrecipient's
records and financial statements as necessary for Recipient to meet the requirements of
2 CFR 200.332 (Requirements for pass -through entities), 2 CFR 200.300 (Statutory and
national policy requirements) through 2 CFR 200.309 (Modification to period of
performance), 2 CFR 200.337 (Access to Records) and Subpart F -Audit Requirements of
the Uniform Guidance.
10.2. A Subrecipient must collect, transmit, and store information related to this Subaward in
open and machine-readable formats (2 CFR 200.336).
11. Single Audit Requirements.
11.1. If a Subrecipient expends $1,000,000 or more in Federal Awards during the
Subrecipient's fiscal year, the Subrecipient shall procure or arrange for a single or
program -specific audit conducted for that year in accordance with the provisions of
Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to the Single
Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have
a program -specific audit conducted in accordance with 2 CFR 200.507 (Program -
specific audits). The Subrecipient may elect to have a program -specific audit if
Subrecipient expends Federal Awards under only one Federal program (excluding
research and development) and the Federal program's statutes, regulations, or
the terms and conditions of the Federal award do not require a financial
statement audit of Recipient. A program -specific audit may not be elected for
research and development unless all of the Federal Awards expended were
received from Recipient and Recipient approves in advance a program -specific
audit.
11.1.2. Exemption. If a Subrecipient expends less than $1,000,000 in Federal Awards
during its fiscal year, the Subrecipient shall be exempt from Federal audit
requirements for that year, except as noted in 2 CFR 200.503 (Relation to other
audit requirements), but records shall be available for review or audit by
appropriate officials of the Federal agency, the State, and the Government
Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or
otherwise arrange for the audit required by Subpart F of the Uniform Guidance
and ensure it is properly performed and submitted when due in accordance with
the Uniform Guidance. Subrecipient shall prepare appropriate financial
statements, including the schedule of expenditures of Federal awards in
accordance with 2 CFR 200.510 (Financial statements) and provide the auditor
with access to personnel, accounts, books, records, supporting documentation,
and other information as needed for the auditor to perform the audit required by
Uniform Guidance Subpart F -Audit Requirements.
12. Required Provisions for Subrecipient with Subcontractors.
12.1. In addition to other provisions required by the Federal Awarding Agency or the
Recipient, Subrecipients shall include all of the following applicable provisions;
12.1.1. For agreements with Subrecipients - Include the terms in the Grant Federal
Provisions Exhibit (this exhibit)
12.1.2. For contracts with Subcontractors - Include the terms in the Contract Federal
Provisions Exhibit.
13. Certifications.
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient
to submit certifications and representations required by Federal statutes or regulations
on an annual basis. 2 CFR 200.415. Submission may be required more frequently if
Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall
certify in writing to the State at the end of the Award that the project or activity was
completed or the level of effort was expended. If the required level of activity or effort
was not carried out, the amount of the Award must be adjusted.
14. Exemptions.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own
or operate in his or her name.
14.2. A Subrecipient with gross income from all sources of less than $300,000 in the previous
tax year is exempt from the requirements to report Subawards and the Total
Compensation of its most highly compensated Executives.
15. Event of Default and Termination.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default
under the Grant and the State of Colorado may terminate the Grant upon 30 days prior
written notice if the default remains uncured five calendar days following the
termination of the 30 -day notice period. This remedy will be in addition to any other
remedy available to the State of Colorado under the Grant, at law or in equity.
15.1.1. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or
in part as follows:
15.1.1.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -
Federal Entity fails to comply with the terms and conditions of a
Federal Award;
15.1.1.2. By the Federal awarding agency or Pass -through Entity with the
consent of the Non -Federal Entity, in which case the two parties
must agree upon the termination conditions, including the effective
date and, in the case of partial termination, the portion to be
terminated;
15.1.1.3. By the Non -Federal Entity upon sending to the Federal Awarding
Agency or Pass -through Entity written notification setting forth the
reasons for such termination, the effective date, and, in the case of
partial termination, the portion to be terminated. However, if the
Federal Awarding Agency or Pass -through Entity determines in the
case of partial termination that the reduced or modified portion of
the Federal Award or Subaward will not accomplish the purposes for
which the Federal Award was made, the Federal Awarding Agency or
Pass -through Entity may terminate the Federal Award in its entirety;
or
15.1.1.4. By the Federal Awarding Agency or Pass -through Entity pursuant to
termination provisions included in the Federal Award
16. Additional Federal Requirements.
16.1. Whistle Blower Protections
16.1.1.An employee of a subrecipient must not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing to a person or body described in
paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably
believes is evidence of gross mismanagement of a Federal contract or grant, a
gross waste of Federal funds, an abuse of authority relating to a Federal contract
or grant, a substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a Federal contract (including the
competition for or negotiation of a contract) or grant. The subrecipient must
inform their employees in writing of employee whistleblower rights and
protections under 41 U.S.C. 4712. See statutory requirements for whistleblower
protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and 10 U.S.C.
4310.