|
L. "Incident" means any accidental or deliberate event that results in or constitutes an
<br />imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or
<br />destruction of any communications or information resources of the State, which are included
<br />as part of the Work, as described in §§24-37.5-401 et. seq. C.R.S. Incidents include, without
<br />limitation (i) successful attempts to gain unauthorized access to a State system or State
<br />Information regardless of where such information is located; (ii) unwanted disruption or
<br />denial of service; (iii) the unauthorized use of a State system for the processing or storage
<br />of data; or (iv) changes to State system hardware, firmware, or software characteristics
<br />without the State's knowledge, instruction, or consent.
<br />M. "Initial Term" means the time period defined in §2.B.
<br />N. "Matching Funds" means the funds provided Grantee as a match required to receive the
<br />Grant Funds.
<br />O. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
<br />P. "Services" means the services to be performed by Grantee as set forth in this Agreement,
<br />and shall include any services to be rendered by Grantee in connection with the Goods.
<br />Q. "State Confidential Information" means any and all State Records not subject to disclosure
<br />under CORA. State Confidential Information shall include, but is not limited to, PII, and
<br />State personnel records not subject to disclosure under CORA. State Confidential
<br />Information shall not include information or data concerning individuals that is not deemed
<br />confidential but nevertheless belongs to the State, which has been communicated, furnished,
<br />or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to the
<br />CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure
<br />by Contractor; (iii) is or subsequently becomes publicly available without breach of any
<br />obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without
<br />confidentiality obligations, by a third party who has the right to disclose such information;
<br />or (v) was independently developed without reliance on any State Confidential Information.
<br />R. "State Fiscal Rules" means that fiscal rules promulgated by the Colorado State Controller
<br />pursuant to §24-30-202(13)(a), C.R.S.
<br />S. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year
<br />and ending on June 30 of the following calendar year. If a single calendar year follows the
<br />term, then it means the State Fiscal Year ending in that calendar year.
<br />T. "State Records" means any and all State data, information, and records, regardless of
<br />physical form, including, but not limited to, information subject to disclosure under CORA.
<br />U. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
<br />the Work. "Subcontractor" also includes sub -grantees of grant funds.
<br />V. "Work" means the Goods delivered and Services performed pursuant to this Agreement.
<br />W. "Work Product" means the tangible and intangible results of the Work, whether finished or
<br />unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
<br />software (including source code), research, reports, proposals, specifications, plans, notes,
<br />studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
<br />maps, materials, ideas, concepts, know-how, information, and any other results of the Work.
<br />"Work Product" does not include any material that was developed prior to the Effective Date
<br />that is used, without modification, in the performance of the Work.
<br />Contract Number: CTGGI 2018-1467 Page 5 of 22 Version 0817
<br />
|