Exhibit D - Additional Provisions.docx

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Attached to
FY26 MIECHV RFP Solicitation
Solicitation number
RFP QAAA 2027000003 3
Issued by
Arapahoe County, Colorado

About this file

This file is an Exhibit of Additional Provisions for a Colorado Department of Early Childhood (CDEC) Grant Agreement related to the FY26 Maternal Infant Early Childhood Home Visiting (MIECHV) program. The document establishes comprehensive terms and conditions governing the relationship between the State of Colorado and the Grantee, including service delivery requirements, reporting obligations, and compliance standards. The Grantee must adhere to the Statement of Work (Exhibit A) and achieve specified goals and objectives, with any significant changes requiring a formal amendment. Participation in CDEC-sponsored meetings is mandatory, and the Grantee must provide copies of all executed subcontracts. Critical incident reporting is required within 48 hours for incidents involving children, families, or agency staff, and all program staff must complete mandatory reporter training and report suspected child abuse and neglect to appropriate authorities. The grant term includes options for extension at the State's discretion for successive periods not to exceed specified total duration, with performance continuing at established rates and terms.

Payment operates on a cost reimbursement basis with invoices submitted monthly through the OnBase Invoice Submission Process, with compressed timelines (July 7th for state fiscal year agreements) for year-end invoicing. The maximum reimbursable amount is specified in Exhibit B (Budget), and any cost savings require prior written state approval; redistribution of savings without approval will not be reimbursed. The Grantee may request up to a 15 percent budget adjustment for direct costs without formal amendment, provided the total grant amount remains unchanged, and may request up to 5 percent salary increases for new hires filling vacant positions with prior approval. The State reserves the right to offset funds based on overpayment discovery and may reduce allocated funds by Option Letter if utilization appears insufficient. Travel costs must comply with federal GSA rates, and the Grantee must maintain a written SAM.gov exclusion check policy for all staff. Additional requirements include cyber liability insurance with minimum coverage of $1,000,000 per occurrence, compliance with federal accessibility standards (WCAG Level AA), employment eligibility verification per Federal Acquisition Regulations, and adherence to Colorado's prohibited contract terms under the Procurement Modernization Act.

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Exhibit C Additional Provisions

ABBREVIATIONS

· C.R.S. – Colorado Revised Statutes Comment by Hurt,Genette: If these abbreviations are not remaining after making any updates as needed, please review the corresponding abbreviation.

Examples:

- No GAE section - remove GAE from abbreviations.

- No SLFRF contract change - remove SLFRF.

- No Mandatory Reporting - remove CDHS

- No Employment Eligibility Verification, remove FAR.

· CDEC – Colorado Department of Early Childhood

· CDHS – Colorado Department of Human Services

· CFR – Code of Federal Regulations

· FAR - Federal Acquisition Regulation

· GAAP - Generally Accepted Accounting Principles

· GAE – General Accounting Encumbrance

· GSA – Federal General Services Administration

· OIT – Governor’s Office of Information Technology

· SLFRF – State and Local Fiscal Recovery Funds

· SOW – Statement of Work

· U.S.C. – United States Code

· WCAG – Web Content Accessibility Guidelines

1. SERVICE PROVISIONS

The Grantee shall provide the services according to the plans submitted in the “Statement of Work”, attached and incorporated herein by this reference as EXHIBIT A. In all cases, the descriptions, plans, timetables, tasks, duties, and responsibilities of the Grantee as described in the SOW, shall be adhered to in the performance of the requirements of this Grant. In the event of a conflict, the terms and conditions of this Grant shall control over the SOW. Any significant changes to the SOW require an amendment to the Grant.

2. GOALS AND OBJECTIVES

The Grantee shall be responsible for the achievement of any goals and objectives as specified within the SOW (EXHIBIT A) of this Grant unless written notice of any modifications are furnished by the State to the Grantee allowing adequate time for compliance during the term of this Grant.

3. COPY OF SUBCONTRACT

The Grantee shall provide to the State a copy of any executed subcontract between the Grantee and any provider of services to fulfill any requirements of this Grant. Subcontracts shall be emailed to the CDEC Representative upon execution.

4. PAYMENT

In consideration of the provision of services and reporting and subject to all payment and price provisions and further subject to verification by the State of full and satisfactory compliance with the terms of this Grant Agreement, the State shall pay to the Grantee an amount not to exceed the amount specified in the Budget (EXHIBIT B), of this Grant Agreement.
The Grantee shall submit requests for payment to the OnBase Invoice Submission Process no less than monthly on forms prescribed and provided by the State.

Link to Frequently Asked Questions about the OnBase Invoice Submission Process.

Link to Vendor Invoice Guidance

a) Under this Grant Agreement, the Vendor shall submit their invoices by selecting [enter program]. Comment by Hurt,Genette: Modified 2/27/2025 - Enter the program as entered in OnBase:

Accounting Unit Analytics & Reporting Audit & Compliance Unit BITS - Business Innovation, Technology & Security BIU - Background Investigation Unit Budget Unit CBCAP - Community Based Child Abuse Prevention CC SUD - Child Care Substance Use Disorder CCCAP - Division of Colorado Child Care Assistance Program CCR - Colorado Community Response (discontinued) CCR&R - Child Care Resource & Referral CF - Child First Chief Product Officer COCAP - Colorado Child Abuse Prevention Trust Fund Communications Unit Contracts & Procurement Unit County Engagement and Economic Mobility DCFS - Division of Community and Family Support DECW - Division of Early Childhood Workforce DELLA - Division of Early Learning Licensing and Administration DMPG - Data management, Privacy and Governance Unit E&E - Emerging & Expanding Child Care EBCCFG - Employer Based Child Care Facility Grant ECC - Early Childhood Council ECCS - Early Childhood Comprehensive Systems ECLC - Early Childhood Leadership Commission ECMH - Early Childhood Mental Health Unit EDIA - Equity, Diversity, Inclusion & Accessibility EDO - Executive Director's Office EI - Early Intervention EIE - Early Intervention Evaluations ELAQ - Early Learning Access & Quality Unit Enterprise Application Technology Unit Enterprise Applications Operations Team Facilities & Operations Unit Family Engagement Fatherhood FC- Family Connects Finance Unit FRC - Family Resource Center FSPP - Family Support for Primary Prevention FSU - Family Strengthening Unit Head Start Healthy Steps HIPPY - Home Instruction for Parents of Preschool Youngsters Human Resources Unit IY - Incredible Years LCO- Local Coordinating Organizations Learning, Engagement & Development Unit Licensing MIECHV - Maternal Infant Early Childhood Home Visiting NHVP - Nurse Home Visitor Program Nurturing Connections Colorado OAS - Office of Administrative Solutions Office of Finance, Budget & Procurement OPD - Office of Program Delivery PACT - Partnerships, Alignments, and Collaboration Team PDG - Preschool Development Grant People Operations PLDU - Professional Learning & Design Unit Policy & Legislative Unit PSSF - Promoting Safe and Stable Families Quality RCPU - Registry & Career Pathways Unit SafeCare SSLU - Strategy & System Leadership Unit State & Community Partnerships Strategy Team UPP - Universal Preschool Program For technical issues please contact the OnBase Administrator at CDEC_OnBase_Admin@state.co.us.

For invoice issues, including but not limited to questions about which program to select or program manager emails to enter, please contact CDEC_Invoicing@state.co.us.

Payment shall be made on a cost reimbursement basis for services rendered.
It is understood any vacancy savings in the personnel category and/or any savings in any other category shall require written approval from the State prior to any redistribution of any savings by the Grantee. ANY COST SAVINGS THAT ARE REDISTRIBUTED BY GRANTEE WITHOUT WRITTEN APPROVAL SHALL NOT BE REIMBURSED BY THE STATE.
IT IS UNDERSTOOD ANY COSTS THAT EXCEED THE GRANTED AMOUNT SHALL NOT BE PAID BY THE CDEC. If Grantee has a legitimate need for additional funds, the Grantee shall request additional funds from the CDEC 60 days prior to projected depletion of Granted funds. CDEC shall review each request and notify Grantee in writing of approval or denial. Approval of additional funds shall require an official modification to the Grant Agreement by Amendment or Option Letter.
Timely Invoicing - Invoices shall be submitted no later than 30 days following the last day of the month.Comment by Hurt,Genette [2]: If terminating the contract, change this section to: Timely Invoicing - Invoices shall be submitted no later than 15 days following the execution of this Amendment by sending an email to CDEC_Invoicing@state.co.us.

Remove the language that does not apply.

ADD THIS SECTION FOR STATE FISCAL YEAR GRANT AGREEMENTS - End of State Fiscal Year invoices are on a compressed timeframe. Invoices for all services provided prior to June 30th shall be invoiced by July 7th. Grantees who are unable to provide the invoice by July 7th shall notify the state of the amount to be booked as accounts payable by July 13th by sending an email to OnBase Invoice Submission Process. Final invoices for services prior to June 30th shall be submitted by September 14th. Invoices received after September 14th may not be paid.

ADD THIS SECTION FOR FEDERAL FISCAL YEAR GRANT AGREEMENTS - Final invoices for services provided in September shall be submitted no later than 30 days following the last day of the month.

ADD THIS SECTION FOR CALENDAR YEAR GRANT AGREEMENTS - Final invoices for services provided in December shall be submitted no later than 30 days following the last day of the month.

(CHECK TO MAKE SURE THERE ARE NOT ANY CONFLICTS IN THE GRANT REGARDING THE NUMBER OF DAYS THE INVOICE SHOULD BE SUBMITTED)Comment by Hurt,Genette: If there are any conflicts - the Additional Provisions is the required timing. If we have request to increase the number of days for submitting an invoice or number of days for payment - these require Finance Approval. Please work with your supervisor.
The Grantee shall maintain source documentation to support all payment requested pursuant to this Grant Agreement. All source documentation shall be provided to the State by the Grantee upon request.
It is understood that the State reserves the right to offset funds pursuant to this Grant Agreement based on the discovery of overpayment or improper use of funds by the Grantee. Overpayment or improper use of funds is interpreted to apply to specific terms of prior year Grant Agreements and includes without limitation requirements of the GAAP issued by the American Institute of Certified Public Accountants, and applicable sections of the C.R.S.
The State shall review monthly invoices throughout the fiscal year. If, after a number of months, the State determines the Grantee is not needing/using the funding allocated for the Grantee’s work in the Grant Agreement, the State shall remove these funds from the Grant Agreement budget by Option Letter for a proportional reduction of services with prior written notification to the Grantee. This provision does not allow for a reduction in the rate of pay. Additionally, the state shall have the ability to issue this option letter for a reduction, allowing the vendor to submit a revised budget for CDEC approval that aligns with the reduction within 30 days.Comment by Hurt,Genette: Added 2/27/2025
Advanced PaymentsComment by Hurt,Genette: Have to have a Fiscal Rule Waiver for Advanced payments to use. If you do not have the approved Fiscal Rule Waiver - please remove this provision.

Grantee may request up to 25% of the allocated amount in Exhibit F for advanced payment by emailing their request to the Program Manager.

Advanced payments shall be reconciled monthly to ensure all funds are accounted for and spent appropriately.

Grantee shall submit backup documentation to support payments and reconciliation of advanced payments.

The final reimbursement invoice for the Universal Preschool Program shall include a reconciliation of advanced payment funds and actual reimbursement, to ensure that the reconciliation is considered in the final payment amount for the fiscal year.

Any remaining advanced funds at the end of the fiscal year shall be reverted back to the State.

5. PARTICIPATION

The Grantee representative(s) is required to participate in any CDEC sponsored meetings related to this Grant Agreement.

6. SUPPLANTING

Payments made to the Grantee under this Grant Agreement shall supplement and not supplant other state, local or federal expenditures for services associated with this Grant Agreement.

7. BUDGET CHANGES

Grantee may request in writing adjustments to the direct costs in the current year budget (EXHIBIT B) not to exceed 15% of the total budget. Requests shall be made in the form of a written budget revision request to the appropriate program staff. Written approval for the budget revision shall be required prior to any changes to the budget related to the budget revision request. The total dollar amount of the Grant Agreement budget cannot be changed as a result of the budget revision request. Budget adjustment requests over 15%, adding new expense lines, and/or changes to the total dollar amount of the budget require a formal amendment or option letter. No adjustments to the Indirect Costs portion of the budget are allowable without a formal amendment or option letter.Comment by Hurt,Genette: Updated 2/27/2025 from 10% to 15%Comment by Hurt,Genette: Updated 10/17/2025Comment by Hurt,Genette: Updated 10/17/2025
Grantee may request in writing up to a 5% increase to the "Gross or Annual Salary" of an individual employee if a position currently listed in the Grant Agreement becomes vacant and the new incoming employee shall be hired at a higher or lower salary. No increase within the salary range is authorized without prior written approval from CDEC. Adding additional staff requires an amendment or option letter to the Grant Agreement. Vacancy savings cannot be used to change salary amounts for existing personnel without an amendment or option letter. Any change to personnel, including revisions to allow payments for personnel covering vacancies, requires prior written approval from CDEC staff. This process shall never change the Grant Agreement Maximum Amount. Grantee must use available unused funds from either vacancy savings or another category within the Grant Agreement. The revision request may not at any time compromise the integrity of the funded program as determined by CDEC program staff.Comment by Hurt,Genette: 2/27/2025 - Updated to allow when a vacancy occurs, the staff covering for the position can be invoiced on the line of the vacant position until a replacement is hired, with Program Manager approval.Comment by Hurt,Genette: Updated 10/17/2025Comment by Hurt,Genette: Updated 10/17/2025
OPTION LETTER
Option to Extend: The State, at its discretion, shall have the option to extend the performance under this Grant Agreement beyond the Initial Term for a period, or for successive periods, of 1 year or less at the same rates and under the same terms specified in the Grant Agreement (each such period an “Extension Term”). In order to exercise this option, the State shall provide written notice to Grantee in a form substantially equivalent to the Sample Option Letter attached to this Grant Agreement. The total duration of this Grant Agreement, including the exercise of any options under this clause, shall not exceed __ years.Comment by Hurt,Genette: Leave Option Letter Provisions i. and ii. for Interagency Agreements only, remove if Personal Services Contract, Grant Agreement, Intergovernmental Agreement or Purchase Order. (The Option Letter provisions are already in the other templates and not in the IA template)Comment by Hurt,Genette: iii. Is a new option letter provision we want to add to all cost reimbursement contracts.

For the Exhibit - If the original contract was the Contract Wizard, it was referenced in the original contract at the end (no exhibit or section number). Reference as Page x of the original contract.

If there is a sample option letter exhibit, you would reference that exhibit as usual.

Option to Increase or Decrease: The State, at its discretion, shall have the option to increase or decrease the statewide quantity of Goods or Services based upon rates established in this Grant Agreement, and increase the maximum amount payable accordingly. In order to exercise this option, the State shall provide written notice to Grantee in a form substantially equivalent to the Sample Option Letter attached to this Grant Agreement. Delivery of Goods and performance of Services shall continue at the same rates and terms as described in this Grant Agreement.

Option Letter to modify existing State Grant Agreement Rates as listed in the executed Grant Agreement as follows: Comment by Hurt,Genette: Added 2/27/2025

a) The State, at its discretion, shall have the option to revise the budget over 15% to correct typographical errors; add or remove lines within the budget; increase gross or annual salary of positions listed under Personnel; revisions to personnel; changes between lines of the budget that exceed 15%; and changes to negotiated indirect rates through an Option Letter. In order to exercise this option, the State shall obtain an email agreeing to the changes and follow up with written notice to Grantee in a form substantially equivalent to the Sample Option Letter attached to this Grant Agreement, and any new rates table or exhibit shall be effective as of the effective date of that notice unless the notice provides for a different date.

b) The Option Letter shall not be allowed for changes in the SOW.

8. TRAVEL

Travel costs must be listed in Exhibit B – Budget under travel including airfare, hotel, mileage and per diem costs.
Mileage shall not exceed the Federal mileage rate per https://www.gsa.gov/travel-resources.Comment by Hurt,Genette: 6/5/2025 - Same for all contractual agreements going forward regardless of funding source.
Per Diem shall not exceed GSA per diem rates for the area of travel per https://www.gsa.gov/travel-resources.
Hotel rates cannot exceed any rate established for conference attendance.
Usage of airfare or Out of State Travel requires pre-approval from CDEC.

9. SUBRECIPIENT

Grantees determined to be a Sub-recipient of federal funds shall complete the sub-recipient performance report and assessment survey at: https://forms.gle/hmhn45MXfLJwV8LY6 upon Grant Agreement execution. Failure to complete the performance report and assessment survey shall delay payment to the Grantee.

10. CRITICAL INCIDENT REPORTING

Within 48 hours of the occurrence of a critical incident involving any child or family and/or an on-duty agency staff member of any family support program staff funded through the CDEC, the agency must report in writing the details of the critical incident to the CDEC Program Manager for the involved family support program. Critical incidents may include, but are not limited to, awareness of an egregious incident of abuse and/or neglect, near fatality, or fatality of any child currently enrolled in a family support program; involuntary termination of a program staff’s employment; criminal allegations involving program staff and related to his/her employment; negative media attention about the family support program; any major injury or threat to the security of an agency staff member while on duty and visiting an enrolled child or family.

11. MANDATED REPORTING

All program staff are required by law to report suspected child abuse and neglect. Mandatory reporters must report suspected child abuse and neglect to the local county child welfare agency, the local law enforcement agency, or by calling the child abuse reporting hotline system at 1-844-CO-4KIDS (1-844-264-5437).
All program staff are required to take the online mandatory reporter training on the CDHS Child Welfare Training System: https://www.coloradocwts.com/mandated-reporter-training.
12. GENERAL ACCOUNTING ENCUMBRANCE (GAE)Comment by Hurt,Genette [2]: Use only if there is a Pooled GAE attached to this Contract/PO.

If no GAE, please remove.

ENTER SPECIFIC INFORMATION REGARDING THE GAE FOR THIS GRANT AGREEMENT/PURCHASE ORDER Please refer to Page 1 for the amount available under the GAE for the current fiscal year. [DO NOT ENTER THE AMOUNT IN THIS SECTION]

Payment to Grantee is made from available funds encumbered and shared across multiple Grantees. The State may increase or decrease the total funds encumbered at its sole discretion and without formal notice to Grantee. No minimum payment is guaranteed to Grantee. The liability of the State for such payments is limited to the encumbered amount remaining of such funds.
Invoices shall be submitted separately for pre-approved expenditures.

The Grantee shall submit requests for payment to OnBase Invoice Submission Process.

13. CYBER/NETWORK SECURITY AND PRIVACY LIABILITY (REPLACES GRANT AGREEMENT VERSION 4.07 PAGE 15 SECTION 10(G)) Comment by Hurt,Genette: Have to have approval from State Risk Management to use this provision. If you do not have this approval, please remove this provision.

Make sure the reference is correct compared to the original contract/agreement.

Notwithstanding any language to the contrary contained within this Agreement, Liability insurance covering civil, regulatory, and statutory damages, contractual damages, data breach management exposure, and any loss of income or extra expense as a result of actual or alleged breach, violation, or infringement of right to privacy, consumer data protection law, confidentiality, or other legal protection for personal information, as well as State Confidential Information with minimum limits as follows:

$1,000,000 each occurrence; and $2,000,000 general aggregate.

Notwithstanding sections (i) and (ii) above, if Grantee has State Confidential Information for 10 or fewer individuals or revenues of $250,000 or less, Grantee shall maintain limits of not less than $50,000.

Notwithstanding sections (i) and (ii) above, if Grantee has State Confidential Information for 25 or fewer individuals or revenues of $500,000 or less, Grantee shall maintain limits of not less than $100,000.

14. GIFT CARDS Comment by Hurt,Genette: Only one set of Gift Card Provisions should be included in the Contract/Agreement.

The first option is used for all Contracts/Agreements unless there is an approved Gift Card Waiver from CDEC. If there is an approved Gift Card Waiver - remove this section.

The second option should only be used when there is an approved Gift Card Waiver from CDEC. If there is not an approved Gift Card Waiver - remove this section.Comment by Hurt,Genette: 6/5/2025 - Added “CDEC policies and” in this sentence.
To comply with CDEC policies and federal guidelines, purchasing gift cards with funds from CDEC Grant Agreement funds is not allowed. Please see citations 45 CFR 75.406 and 45 CFR 75.302.A for more information.

15. GIFT CARDS

The Distribution of Gift Cards, where applicable, shall adhere to the following:
The Grantee agency must have a written Gift Card Distribution Policy in place and this plan must be approved by the CDEC before gift cards may be purchased. The policy must include maintaining an audit log of gift card purchases and disbursements and a process for routine reconciliations.
The Grantee agency’s gift card policy must ensure that gift cards cannot be redeemed for cash and must restrict the recipient from using gift cards for alcohol, firearms, tobacco, lottery tickets, or entertainment.
Gift Cards must be distributed to recipients within five (5) business days of purchase.
Gift Cards should be given at the conclusion of an event or upon completion of an activity or milestone.
Grantee agency staff shall have recipients sign a form that includes the following: Date, Name of Gift Card Recipient, Purpose of Gift Card, Signature of Gift Card recipient acknowledging receipt of Gift Card and Gift Card Amount.
The Grantee cannot request reimbursement for the cost of gift cards until distribution of the gift cards has been made to recipients. Additionally, the Grantee must maintain adequate documentation to show a record of all gift card distributions.
The Grantee shall be held responsible for inappropriate use of gift cards.
16. SAM.GOV REQUIREMENTComment by Hurt,Genette: 6/5/2025 - Leave in for all contractual documentsComment by Hurt,Genette: @Shayne.Cumine@state.co.us Did we get confirmation on whether the SAM.gov check is required for Individuals/Sole Proprietors.

Also, do Individuals and Sole Proprietors need a UEI number?

Please advise.

Individuals who are excluded from participation in federal health care programs are also prohibited from participating in federal government procurement and non-procurement programs according to title 2 of the CFR §376.147 and 42 CFR part 1001, which clarifies that this applies to individuals and entities.
Any individual or entity excluded from participation in Medicare, Medicaid, and other Federal health care programs under Title XI of the Social Security Act, United States Code (U.S.C.) 42 U.S.C. 1320a-7, 1320a-7a, 1320c-5, or 1395ccc, and implementing regulation at 42 CFR part 1001, will be subject to the prohibitions against participating in covered transactions, as set forth in this part and part 180, and is prohibited from participating in all Federal Government procurement programs and non-procurement programs.
Grantee shall have a formal written policy regarding SAM.gov checks for all staff upon hiring and not less than annually including procedures for maintaining records of the evidence of this check.
17. CONTRACT REPLACEMENT UPON EXECUTION TO CORRECT SLFRF TERMS AND CONDITIONS.Comment by Hurt,Genette [3]: When this is used, correct the language Contract/Grant as needed. We also need to Amend the original contract to terminate the contract in the same DocuSign as this Agreement, so both are effective at the same time so no gap in services.

Would do the Amendment adding the following language to the Modification Section of the Amendment:

This contract is terminated as of the date of execution of this amendment and will be replace by [enter contract/grant agreement number].Comment by Hurt,Genette: If this provision is used, it needs to remain in the contract throughout the life of the contract to keep them tied together.
This Grant Agreement replaces and terminates Contract 22 IHIA 123456. By signing this Agreement, Grantee understands this Grant Agreement replaces and terminates 22 IHIA 123456. The Grantee further agrees and understands that SLFRF reporting is required for the work completed through Grant Agreement 22 IHIA 123456 and this Agreement 24 QAAA 789123 utilizing the reporting forms attached to Agreement 24 QAAA 789123.
18. ACCESSIBILITY REQUIREMENTS.Comment by Hurt,Genette: Added 1/22/2025
All work performed must comply with all applicable provisions of §24-85-101 C.R.S., et seq., and the Accessibility Standards for Individuals with a Disability, as established by the OIT pursuant to §24-85-103 (2.5), C.R.S. and all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the WCAG, incorporated in the State of Colorado technology standards. https://oit.colorado.gov/standards-policies-guides/technical-standards-policies.
19. EMPLOYMENT ELIGIBILITY VERIFICATIONComment by Hurt,Genette: Added 3/20/2025 - This is for use for contracts that have federal funds or any kind of SLFRF funds (not General Funds or Cash Funds).
Contractor/Grantee shall comply with the FAR regarding Employment Eligibility Verification located at https://www.acquisition.gov/far/subpart-22.18 for all contracts/agreements funded using federal funds.
20.NOTICE TO VENDOR REGARDING PROHIBITED TERMS PER C.R.S.Comment by Hurt,Genette: 5/5/2025 - Please use this section for Purchase Orders or Contracts where negotiations have been completed and there are still prohibited terms in the Vendor’s Terms and Conditions.
As of August 9, 2017, the Colorado Procurement Modernization Act is in effect. As a result, the following terms for all existing and future contracts will be void as a matter of law under §24-106-109 C.R.S.:

Any term that requires the State to indemnify or hold harmless the vendor or a 3rd party.

Any term that requires the State to agree to binding arbitration or any other binding extra-judicial dispute resolution process.

Any limitation of liability that includes bodily injury, death or damage to tangible property.

Any term that requires legal disputes to be handled by any laws other than those of the State of Colorado. All contracts shall be governed by Colorado law.

All contracts containing these terms shall otherwise be enforceable as if they did not contain such terms.

Please feel free to contact Shayne Cumine, CDEC Procurement and Contract Director or the State Purchasing and Contracts Office if you have any questions.
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