HomeMy WebLinkAbout20240122.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR STATE AND LOCAL FISCAL
RECOVERY FUNDS (SLFRF), AMERICAN RESCUE PLAN ACT (ARPA) FEDERAL
RECOVERY FUNDS SUBRECIPIENT AGREEMENT (EXHIBIT E) FOR SUPPORT OF
CORE PUBLIC HEALTH SERVICES, AND AUTHORIZE CHAIR TO SIGN AND SUBMIT
ELECTRONICALLY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for
State and Local Fiscal Recovery Funds (SLFRF), and an American Rescue Plan Act (ARPA)
Federal Recovery Funds Subrecipient Agreement (Exhibit E) for the Support of Core Public
Health Services between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Health and
Environment, and the Colorado Department of Public Health and Environment, commencing upon
full execution of signatures, and ending June 30, 2024, with further terms and conditions being
as stated in said agreements, and
WHEREAS, after review, the Board deems it advisable to approve said agreements,
copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for State and Local Fiscal
Recovery Funds (SLFRF), and the American Rescue Plan Act (ARPA) Federal Recovery Funds
Subrecipient Agreement (Exhibit E) for the Support of Core Public Health Services between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Health and Environment, and the Colorado
Department of Public Health and Environment, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to electronically sign and submit said agreements.
AcT(c?/c.D)
02/20/2 LI
2024-0122
HL0057
INTERGOVERNMENTAL AGREEMENT FOR STATE AND LOCAL FISCAL RECOVERY
FUNDS (SLFRF), AMERICAN RESCUE PLAN ACT (ARPA) FEDERAL RECOVERY FUNDS
SUBRECIPIENT AGREEMENT (EXHIBIT E) FOR SUPPORT OF CORE PUBLIC HEALTH
SERVICES
PAGE2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of January, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C
ATTEST: dl;a4„,N) cl jet ;,A
Weld County Clerk to the Board
Deputy
lerk to the Board
Coun y ttorne
Date of signature: 25)24
%�- O
KeviryD oss, Chair
Mike reeman
Sco K. James
aine
2024-0122
HL0057
Corrlva 1JfT13S"
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: CDPHE Grant Agreement for FY 24 ARPA/SLFRF for local Public Health Funding
DEPARTMENT: PUBLIC HEALTH AND ENVIORNMENT DATE: January 3, 2024
PERSON REQUESTING: Jason Chessher, Executive Director
Brief description of the problem/issue:
For the Board's review and approval is a grant agreement between the Colorado Department of Public
Health and Environment (CDPHE) and the Board of County Commissioners of Weld County for the use
and benefit of the Weld County Department of Public Health and Environment (WCDPHE).
CDPHE is requesting authorization from the BOCC for this grant agreement that provides $443,821.00 of
ARPA/SLFRF supplemental non -categorical funding (also known as "per capita" funding) for the Weld
County Department of Public Health and Environment for the period of December 15, 2023, to June 30,
2024. This funding shall be used to support local public health agencies to maintain a strong public health
system across Colorado by assuring the provision of core public health services.
In 2021, the Colorado Joint Budget Commission (JBC) and SB 21-243 authorized $10 million in additional
funding each year for three (3) years for local public health agencies. For 2024 (the final year of funding),
our pro -rata share of this ARPA/SLFRF funding will come from Expenditure Category 6.1— Revenue
Replacement: Provision of Government Services. This new, one-time agreement requires signature by the
BOCC Chair on the "Signature Page" and Exhibit E, Agreement with Subrecipient of Federal Recovery
Funds.
Activities will be conducted by current staff; no additional FTE is being requested.
What options exist for the Board?
With the approval of the Board, this will allow the WCDPHE to receive the balance of its allocated
ARPA/SLFRF funding from CDPHE as a supplement to its core public health services (per capita)
funding for State FY 2024.
If the Board declines approving this grant agreement, the WCDPHE will not be able to receive this
additional ARPA/SLFRF funding from CDPHE.
Impacts:
This award of $443,821 will help offset County Cost for the FY 2024 WCDPHE budget.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
These is no cost to the WCDPHE or Weld County to accept this supplemental funding.
Recommendation: I recommend approval of this grant agreement and Exhibit E for this supplemental
"per capita" ARPA/SLFRF funding from CDPHE.
2024-0122
HL005
Su000rt Recommendation Schedule
Place on BOCC Aoenda Work Session Other/Comments:
Perry L. Buck
Mike Freeman
Scott K. James
Kevin D. Ross
Lori Saine
Jo,
iMe
DocuSign Envelope ID: 03DB3A42-51F5-47C8-9922-3A1544C2C4B7
State of Colorado
Intergovernmental Grant Agreement for SLFRF
COVER PAGE
State Agency
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, Colorado 80246
Agreement Number
2024*3063
Grantee
Board of County Commissioners of Weld County
(a political subdivision of the state of Colorado)
1150 "0" Street
Greeley CO 80631
for the use and benefit of the
Weld County Department of Public Health and Environment
1555 North 17th Avenue
Greeley CO 80631
Grantee UEI
MKKXT9U9MTV5
Agreement Performance Beginning Date
The later of the Effective Date or December 15, 2023
Initial Agreement Expiration Date
June 30, 2024
Agreement Maximum Amount
Initial Term
State Fiscal Year 2024 $443,821.00
Total for All State Fiscal Years $443,821.00
Fund Expenditure End Date
June 30, 2024
Agreement Authority
Authority to enter into this Contract exists in:
CRS 25-1.5-101 - CRS 25-1.5-113
Agreement Purpose
Support Core Public Health Services with Revenue Replacement Expenditure Category 6.1 Provision of Govemment Services
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A, Statement of Work.
2. Exhibit B, Sample Option Letter.
3. Exhibit C, Budget.
4. Exhibit D, Federal Provisions.
5. Exhibit E, Agreement with Subrecipient of Federal Recovery Funds
6. Exhibit F, SLFRF Reporting Modification Form
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or
inconsistency shall be resolved by reference to the documents in the following order of priority:
1. Exhibit D, Federal Provisions
2. Exhibit E, Agreement with Subrecipient of Federal Recovery Funds
3. The provisions of the other sections of the main body of this Agreement.
4. Exhibit A, Statement of Work.
5. Exhibit B, Sample Option Letter.
6. Exhibit C, Budget.
7. Exhibit F, SLFRF Reporting Modification Form
Principal Representatives
For the State: For Grantee:
Michele Shimomura, Director Jason Chessher Executive Director
Office of Public Health Practice, Planning, & Local Weld County Department of Public Health and
Partnerships Environment
1555 North 17th Avenue
Colorado Department of Public Health and Environment Greeley CO 80631
4300 Cherry Creek Dr S jhessher@weld.gov
Denver, CO 80246
Michele.Shimomura@state.co.us
Agreement Number: 2024*3063
Page 1 of 14
Version 6.01.23
DocuSign Envelope ID: 03DB3AQ-51F5-47C8-9922-3A1544C2C4B7
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Awarding Office
Grant Program
Assistance Listing Number
Federal Award Number
US Department of the Treasury
Coronavirus State and Local Fiscal Recovery Funds
21.027
SLFRP0126
Federal Award Date *
Federal Award End Date
May 18, 2021
December 31, 2024
Title VI of the Social Security Act, Section 602
Federal Statutory Authority
Total Amount of °ederal Award (this is not the
amount of this grant agreement)
$3,828,761,790
* Funds may not be available through the Federal Award End Date subject to the provisions in §2 and §5 below.
Agreement Number: 2024*3063
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SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
GRANTEE
Board of County Commissioners of Weld County
(a political subdivision of the state of Colorado)
for the use and benefit of the
Weld County Department of Public Health and Environment
DocuSigned by:
kwU. V. foss
`-F04467D642AF4A7
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of Public Health and Environment
Jill Hunsaker Ryan, MPH, Executive Director
p--DocuSigned by:
Cial,RA ail,ift,vfsotA,
,-yr,1g12e165,AR4
By: Signature
Kevin D. Ross
By: Signature
Chelsea Gilbertson
Name of Person Signing for Contractor
Chair
Name of Executive Director Delegate
Director of Procurement and Contracts
Title of Person Signing for Contractor
2024-01-17
Date:
Title of Executive Director Delegate
2024-01-17
Date:
In accordance with §24-30-202, C.R.S., this Grant is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
EDocuSigned by:
ICO4gW.
73365F4A4A084BC...
By: Signature
Kurt Williams
Name of State Controller Delegate
Controller
Title of State Controller Delegate
2024-01-18
Effective Date:
Agreement Number: 2024*3063 Page 3 of 14
o2b,2- v /aa
Version 6.01.23
DocuSign Envelope ID: 03DB3A42-51 F5-47C8-9922-3A1544C2C4B7
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Intergovernmental
Grant Agreement (the "State") hereby obligates and awards to Grantee shown on the first page of
this Intergovernmental Grant Agreement (the "Grantee") an award of Grant Funds in the amounts
shown on the first page of this Intergovernmental Grant Agreement . By accepting the Grant Funds
provided under this Intergovernmental Grant Agreement, Grantee agrees to comply with the terms
and conditions of this Intergovernmental Grant Agreement and requirements and provisions of all
Exhibits to this Intergovernmental Grant Agreement.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Intergovernmental Grant Agreement shall
commence on the Grant Issuance Date and shall terminate on the Grant Expiration Date
unless sooner terminated or further extended in accordance with the terms of this
Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole
discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee
with an updated Intergovernmental Grant Agreement showing the new Grant Expiration
Date.
B. Extension Terms — State's Option
The State, at its discretion, shall have the option to extend the performance under this
Contract beyond the Initial Term for a period, or for successive periods, at the same rates and
under the same terms specified in the Contract (each such period an "Extension Term"). In
order to exercise this option, the State shall provide written notice to Contractor in a form
substantially equivalent to Exhibit B, Sample Option Letter. The State may include and
incorporate a revised budget with the option letter, as long as the revised budget does not
unilaterally change rates or terms specified in the Contract. The total duration of this
Contract, including the exercise of any options to extend, shall not exceed 5 years from its
Performance Beginning Date, or the number of years specified on the Signature and Cover
Pages if such number is less than 5 years absent prior approval from the State Purchasing
Director in accordance with the Colorado Procurement Code.
C. Early Termination in the Public Interest
The State is entering into this Intergovernmental Grant Agreement to serve the public interest
of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this
Intergovernmental Grant Agreement ceases to further the public interest of the State or if
State, Federal or other funds used for this Intergovernmental Grant Agreement are not
appropriated, or otherwise become unavailable to fund this Intergovernmental Grant
Agreement, the State, in its discretion, may terminate this Intergovernmental Grant
Agreement in whole or in part by providing written notice to Grantee that includes, to the
extent practicable, the public interest justification for the termination. If the State terminates
this Intergovernmental Grant Agreement in the public interest, the State shall pay Grantee an
amount equal to the percentage of the total reimbursement payable under this
Intergovernmental Grant Agreement that corresponds to the percentage of Work
satisfactorily completed, as determined by the State, less payments previously made.
Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-
of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement
that are incurred by Grantee and are directly attributable to the uncompleted portion of
Agreement Number: 2024*3063
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Grantee's obligations, provided that the sum of any and all reimbursements shall not exceed
the maximum amount payable to Grantee hereunder. This subsection shall not apply to a
termination of this Intergovernmental Grant Agreement by the State for breach by Grantee.
D. Grantee's Termination Under Federal Requirements
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.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget" means the budget for the Work described in Exhibit A.
B. "Business Day" means any day in which the State is open and conducting business, but shall
not nclude Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1), C.R.S.
C. "CJI" means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including, without limitation, all information
defied 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 §24-72-302, C.R.S.
D. "CCRA" means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
E. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of this
Intergovernmental Grant Agreement.
F. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or
othe-wise made available for payment by the State under this Intergovernmental Grant
Agreement.
G. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this
Intergovernmental Grant Agreement.
H. "Exhibits" exhibits and attachments included with this Grant as shown on the first page of
this Grant
I. "Extension Term" means the period of time by which the Grant Expiration Date is extended
by tlr State through delivery of an updated Intergovernmental Grant Agreement
J. "Federal Award" means an award of Federal financial assistance or a cost -reimbursement
contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the
Recipient. "Federal Award" also means an agreement setting forth the terms and conditions
of the Federal Award. The term does not include payments to a contractor or payments to an
individual that is a beneficiary of a Federal program.
Agreement Number 2024*3063
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K. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient. US Department of the Treasury is the Federal Awarding Agency for the Federal
Award which is the subject of this Grant.
L. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Intergovernmental Grant Agreement and shall include any movable material
acquired, produced, or delivered by Grantee in connection with the Services.
M. "Incident" means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any State Records.
N. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Expiration Date.
O. "Intergovernmental Grant Agreement" means this Agreement which offers Grant Funds
to Grantee, including all attached Exhibits, all documents incorporated by reference, all
referenced statutes, rules and cited authorities, and any future updates thereto.
P. "Matching Funds" means the funds provided Grantee as a match required to receive the
Grant Funds.
Q. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
R. "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.
S. "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; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §§24-72-501 and 24-73-101, C.R.S. "PII" shall also mean
"personal identifying information" as set forth at § 24-74-102, et. seq., C.R.S.
T "PHI" means any protected health information, including, without limitation any information
whether oral or recorded in any form or medium: (i) 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
(ii) 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. PHI includes, but is not limited to, any
information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
U. "Recipient" means the State Agency shown on the first page of this Intergovernmental Grant
Agreement, for the purposes of the Federal Award.
V. "Services" means the services to be performed by Grantee as set forth in this
Intergovernmental Grant Agreement, and shall include any services to be rendered by
Grantee in connection with the Goods.
W. "State Confidential Information" means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII, PHI,
Agreement Number: 2024*3063
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PCI Tax Information, CJI, and State personnel records not subject to disclosure under
COLA. State Confidential Information shall not include information or data concerning
indi-ziduals that is not deemed confidential but nevertheless belongs to the State, which has
beer communicated, furnished, or disclosed by the State to Contractor which (i) is subject to
disc osure pursuant to CORA; (ii) is already known to Contractor without restrictions at the
time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available
witluut breach of any obligation owed by Contractor to the State; (iv) is disclosed to
Con_-ractor, without confidentiality obligations, by a third party who has the right to disclose
such information; or (v) was independently developed without reliance on any State
Confidential Information.
X. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
Y. "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. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
Z. "State Records" means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
AA. "Sub -Award" means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded
in w sole or in part by a Federal Award. The terms and conditions of the Federal Award flow
down to this Sub -Award unless the terms and conditions of the Federal Award specifically
indicate otherwise.
BB. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub -grantees.
CC. "Sutrecipient" means a state, local government, Indian tribe, institution of higher education
(Dirt or nonprofit organization entity that receives a Sub -Award from a Recipient to carry
out part of a Federal program, but does not include an individual that is a beneficiary of such
program. A Subrecipient may also be a recipient of other Federal Awards directly from a
Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient. For
SLFLF Grants, a subrecipient relationship continues to exist for Expenditure Category 6.1
Revenue Replacement.
DD. "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. Tax Information
includes, but is not limited to all information defined as Federal tax information in Internal
Revenue Service Publication 1075.
EE. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200,
commonly known as the "Super Circular, which supersedes requirements from OMB
Circtlars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular
A-50 on Single Audit Act follow-up.
FF. "Work" means the delivery of the Goods and performance of the Services described in this
Intergovernmental Grant Agreement.
GG. "Work Product" means the tangible and intangible results of the Work, whether finished or
unfin_shed, including drafts. Work Product includes, but is not limited to, documents, text,
Agreement Number 2024*3063
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software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. "Work
Product" does not include any material that was developed prior to the Grant Issuance Date
that is used, without modification, in the performance of the Work.
Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall
be construed and interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and in
accordance with the provisions of Exhibit A. The State shall have no liability to compensate or
reimburse Grantee for the delivery of any goods or the performance of any services that are not
specifically set forth in this Intergovernmental Grant Agreement.
5. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount for
each State Fiscal Year shown on the first page of this Intergovernmental Grant Agreement.
Financial obligations of the State payable after the current State Fiscal Year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available. The
State shall not be liable to pay or reimburse Grantee for any Work performed or expense
incurred before the Grant Issuance Date or after the Grant Expiration Date; provided,
however, that Work performed and expenses incurred by Grantee before the Grant Issuance
Date that are chargeable to an active Federal Award may be submitted for reimbursement as
permitted by the terms of the Federal Award.
B. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency
or the State to disallow costs and recover funds on the basis of a later audit or other review.
Any cost disallowance recovery is to be made within the Record Retention Period, as defined
below.
C. Reimbursement of Grantee Costs
The State shall reimburse Grantee's allowable costs, not exceeding the maximum total
amount described in this Intergovernmental Grant Agreement for all allowable costs
described in this Intergovernmental Grant Agreement and shown in the Budget, except that
Grantee may adjust the amounts between each line item of the Budget without formal
modification to this Agreement with written approval from the State. The change shall not
modify the total maximum amount of this Intergovernmental Grant Agreement, the
maximum amount for any State fiscal year, or modify any requirements of the Work. The
State shall reimburse Grantee for the Federal share of properly documented allowable costs
related to the Work after the State's review and approval thereof, subject to the provisions of
this Grant. The State shall only reimburse allowable costs if those costs are: (i) reasonable
and necessary to accomplish the Work and for the Goods and Services provided; and (ii)
equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received
by Grantee that reduce the cost actually incurred).
E. Close -Out
Agreement Number: 2024*3063
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Graitee shall close out this Grant within 45 days after the Grant Expiration Date. To complete
close out, Grantee shall submit to the State all deliverables (including documentation) as
defied in this Intergovernmental Grant Agreement and Grantee's final reimbursement
regiEst or invoice. The State will withhold 5% of allowable costs until all final documentation
has been submitted and accepted by the State as substantially complete. If the Federal
Awading Agency has not closed this Federal Award within 1 year and 90 days after the
Grad Expiration Date due to Grantee's failure to submit required documentation, then
Grartee may be prohibited from applying for new Federal Awards through the State until
such documentation is submitted and accepted.
6. REPORTING - NOTIFICATION
A. Performance and Final Status
Grartee shall submit all financial, performance and other reports to the State no later than the
end 3f the close out described in §5.E, containing an evaluation and review of Grantee's
performance and the final status of Grantee's obligations hereunder.
B. Violations Reporting
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 Federal Award. The State or the Federal Awarding
Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31
U.S.C. 3321, which may include, without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Mairtenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of five years following the completion of the close out of this Grant.
Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such
records during normal business hours at Grantee's office or place of business, unless the State
determines that an audit or inspection is required without notice at a different time to protect
the irterests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Intergovernmental
Gran- Agreement using procedures as determined by the State. Grantee shall allow the State
to perform all monitoring required by the Uniform Guidance, based on the State's risk
analysis of Grantee. The State shall have the right, in its sole discretion, to change its
moni:oring procedures and requirements at any time during the term of this Agreement. The
State shall monitor Grantee's performance in a manner that does not unduly interfere with
Grantee's performance of the Work. If Grantee enters into a subcontract or subgrant with an
entity that would also be considered a Subrecipient, then the subcontract or subgrant entered
into by Grantee shall contain provisions permitting both Grantee and the State to perform all
moni-oring of that Subcontractor in accordance with the Uniform Guidance.
C. Final Audit Report
Granre shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee's records that relates to or affects this Grant or the Work, whether the
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audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform
a single audit under 2 CFR 200.501, et seq., then 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. CONFIDENTIAL INFORMATION -STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee's own benefit, publish, copy,
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this
Intergovernmental Grant Agreement. Grantee shall provide for the security of all State
Confidential Information in accordance with all policies promulgated by the Colorado Office
of Information Security and all applicable laws, rules, policies, publications, and guidelines.
If Grantee or any of its Subcontractors will or may receive the following types of data,
Grantee or its Subcontractors shall provide for the security of such data according to the
following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information
and in accordance with the Safeguarding Requirements for Federal Tax Information attached
to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security
Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued
version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy for all CJI, and (iv) the federal Health Insurance
Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement
attached to this Grant, if applicable. Grantee shall immediately forward any request or
demand for State Records to the State's principal representative.
B. 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 Intergovernmental Grant Agreement. Grantee shall ensure all such
agents, employees, assigns, and Subcontractors sign nondisclosure agreements with
provisions at least as protective as those in this Grant, and that the nondisclosure agreements
are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Grantee shall provide copies of those signed nondisclosure
restrictions to the State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. 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 Grant, 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
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by fie State. If Grantee is prevented by law or regulation from returning or destroying State
Corlidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. 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. After an Incident, Grantee shall take steps to reduce the risk of
incuring a similar type of Incident in the future as directed by the State, which may include,
but _s not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding PII
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, State non -disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Grantee shall be a
"Thrd-Party Service Provider" as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as
set forth in § 24-74-102, et. seq., C.R.S., Contractor, including, but not limited to,
Contractor'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 Contractor is given direct access to any State
databases containing PII, Contractor shall execute, on behalf of itself and its employees, the
certication attached hereto as Exhibit _ on an annual basis Contractor's duty and obligation
to certify as set forth in Exhibit shall continue as long as Contractor has direct access to
any State databases containing PII. If Contractor uses any Subcontractors to perform services
requiring direct access to State databases containing PII, the Contractor shall require such
Subcontractors to execute and deliver the certification to the State on an annual basis, so long
as the Subcontractor has access to State databases containing PII.
9. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful tc the State's interests and absent the State's prior written approval, Grantee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee's obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's coisideration. Grantee acknowledges that all State employees are subject to the ethical
principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees
may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant.
10. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that
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any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
11. REMEDIES
In addition to any remedies available under any exhibit to this Intergovernmental Grant Agreement,
if Grantee fails to comply with any term or condition of this Grant or any terms of the Federal
Award, the State may terminate some or all of this Grant and require Grantee to repay any or all
Grant funds to the State in the State's sole discretion. The State may also terminate this
Intergovernmental Grant Agreement at any time if the State has determined, in its sole discretion,
that Grantee has ceased performing the Work without intent to resume performance, prior to the
completion of the Work.
12. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as required or permitted by federal regulations
related to any Federal Award that provided any of the Grant Funds, disputes concerning the
performance of this Grant that cannot be resolved by the designated Party representatives shall be
referred in writing to a senior departmental management staff member designated by the State and
a senior manager or official designated by Grantee for resolution.
13. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered either in
hard copy or by email to the representative of the other Party. Either Party may change its principal
representative or principal representative contact information by notice submitted in accordance
with this §13.
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
15. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials shall
be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b),
and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of
this Contract 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.
16. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee's rights and
obligations approved by the State shall be subject to the provisions of this Intergovernmental
Grant Agreement.
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B. Captions and References
The captions and headings in this Intergovernmental Grant Agreement are for convenience
of reference only, and shall not be used to interpret, define, or limit its provisions. All
references in this Intergovernmental Grant Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections,
subsections, exhibits or other attachments contained herein or incorporated as a part hereof,
unless otherwise noted.
C. Entire Understanding
This Intergovernmental Grant Agreement represents the complete integration of all
understandings between the Parties related to the Work, and all prior representations and
understandings related to the Work, oral or written, are merged into this Intergovernmental
Grant Agreement.
D. Mocification
The State may modify the terms and conditions of this Grant by issuance of an updated
Intergovernmental Grant Agreement, which shall be effective if Grantee accepts Grant Funds
following receipt of the updated letter. The Parties may also agree to modification of the
terns and conditions of the Grant in a formal amendment to this Grant, properly executed
and approved in accordance with applicable Colorado State law and State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Anyreference in this Intergovernmental Grant Agreement to a statute, regulation, State Fiscal
Rule, fiscal policy or other authority shall be interpreted to refer to such authority then
current, as may have been changed or amended since the Grant Issuance Date. Grantee shall
strictly comply with all applicable Federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and
unfar employment practices.
F. Digital Signatures
If ary signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incoiporated into this Contract by reference.
G. Severability
The invalidity or unenforceability of any provision of this Intergovernmental Grant
Agreement shall not affect the validity or enforceability of any other provision of this
Intergovernmental Grant Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under the Grant in accordance with
the intent of the Grant.
H. Survival of Certain Intergovernmental Grant Agreement Terms
Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a
Party after termination or expiration of the Grant shall survive the termination or expiration
of the Grant and shall be enforceable by the other Party.
I. Third Party Beneficiaries
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Except for the Parties' respective successors and assigns described above, this
Intergovernmental Grant Agreement does not and is not intended to confer any rights or
remedies upon any person or entity other than the Parties. Any services or benefits which
third parties receive as a result of this Grant are incidental to the Grant, and do not create any
rights for such third parties.
J. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this
Intergovernmental Grant 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.
K. Compliance with State and Federal Law, Regulations, and Executive Orders
Grantee shall comply with all State and Federal law, regulations, executive orders, State and
Federal Awarding Agency policies, procedures, directives, and reporting requirements at all
times during the term of this Grant.
L. Accessibility
i. Grantee shall comply with and the Work Product provided under this Agreement shall
be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability, as established by the
Governor's Office of Information Technology (OIT), pursuant to Section §24-85-103
(2.5), C.R.S. Grantee shall also comply with all State of Colorado technology standards
related to technology accessibility and with Level AA of the most current version of the
Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado
technology standards.
ii. The State may require Grantee's compliance to the State's Accessibility Standards to
be determined by a third party selected by the State to attest to Grantee's Work Product
and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to Section
§24-85-103 (2.5), C.R.S.
M. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit D at all times during the
term of this Grant.
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EXHIBIT A, STATEMENT OF WORK
1. Project Description:
This project serves to support Local Public Health Agencies (LPHAs) to maintain a strong public health
system across Colorado. Local public health agencies are essential to the provision of quality and
comprehensive public health services throughout the state and are critical partners with the Colorado
Department of Public Health and Environment (CDPHE) in maintaining a strong public health system.
Each local public health agency shall assure the provision of Core Public Health Services. The scope of
the provision of each Core Public Health Service is determined at the local level, and may differ across
agencies based on community needs, priorities, funding and capacity. The local public health agencies
are accountable in assuring funding is being used effectively to provide Core Public Health Services. The
Office of Public Health Practice, Planning, and Local Partnerships (OPHP) will monitor LPHA's efforts
via progress reports and programmatic communications.
2. Work Plan:
Goal #1: Strengthen Colorado's public health system by ensuring core public health services are available
statewide.
Objective #1: No later than the expiration of the contract, support Core Public Health Services.
Primary Activity #1
1. The Contractor shall provide Core Public Health Services.
Primary Activity #2
1. The Contractor shall create the Final Project Budget Template.
Primary Activity #3
1. The Contractor shall prepare the following:
a) Two (2) Periodic Progress Reports,
b) a Final Progress Report.
Standards and
Requirements
1. The content of electronic documents located on CDPHE and non-CDPHE websites
and information contained on CDPHE and non-CDPHE websites may be updated
periodically during the contract term. The contractor shall monitor documents and
website content for updates and comply with all updates.
2. The Contractor shall comply with the Core Public Health Services Rule 6 CCR
1014-7. These documents are incorporated and made part of this contract by
reference and are available on the following website
http://www.sos. state. co.us/CCR/NumericalDeptList.do.
3. The Contractor shall utilize the Colorado Health Assessment and Planning System
(CHAPS) guidance as a technical assistance resource for all activities. These efforts
shall assist in defining the core services delivery appropriate to meet local needs and
in identifying strategies to improve local health outcomes. This information is
located on the CDPHE local public health and environmental resources website
https://www.colorado.gov/cdphe-lpha and is incorporated and made part of this
contract by reference.
4. The Contractor shall be guided by Colorado Minimum Quality Standards for Public
Health Services 6 CCR 1014-9. This document is incorporated and made part of this
contract by reference and is available on the following website:
http://www.sos.state.co.us/CCR/Welcome.do.
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5. The Contractor shall contribute funding for its local health services determined
necessary by the Contractor to meet local health needs.
6. CDPHE will compile data that has been provided by the Contractor to other CDPHE
programs to verify services provided or assured.
7. The Contractor shall submit a monthly invoice, using the provided CDPHE standard
reimbursement invoice template, to ophp@state.co.us no later than forty-five (45)
days after the end of each month..
8. The Contractor shall provide all back up documentation with the invoices.
Expected Results of
Activity(s)
Increase or maintain core public health services within the Contractor's jurisdiction to
meet local needs.
Measurement of
Expected Results
1. Data provided in the Contractor periodic and final progress reports provides
evidence of the services provided or assured through another local public health
agency.
Completion Date
Deliverables
1. The Contractor shall submit the Final Project Budget
Template electronically.
No later than 60 days
after Contract
execution.
2. The Contractor shall submit Periodic Progress Reports
electronically to CDPHE, until funds are spent down
entirely.
No later than January
10, April 10, 2024.
3. The Contract shall submit a Final Progress Report.
Within 60 days of
spending funds and no
later than June 30,
2024
3. Monitoring:
CDPHE's monitoring of this contract for compliance with performance requirements will be conducted throughout
the contract period by the Office of Public Health Practice, Planning, and Local Partnerships's Contract Monitor.
Methods used will include a review of documentation determined by CDPHE to be reflective of performance to
include progress reports, site visits and other fiscal and programmatic documentation as applicable. The Contractor's
performance will be evaluated at set intervals and communicated to the contractor. A Final Contractor Performance
Evaluation will be conducted at the end of the life of the contract.
4. Resolution of Non -Compliance:
The Contractor will be notified in writing within seven (7) calendar days of discovery of a compliance issue. Within
thirty (30 ) calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to determine
the action(s) necessary to rectify the compliance issue and determine when the action(s) must be completed. The
action(s) and time line for completion will be documented in writing and agreed to by both parties. If extenuating
circumstances arise that require an extension to the time line, the Contractor must email a request to the Contract
Monitor iv the Office of Public Health Practice, Planning, and Local Partnerships and receive approval for a new
due date. The State will oversee the completion/implementation of the action(s) to ensure time lines are met and the
issue(s) is resolved. If the Contractor demonstrates inaction or disregard for the agreed upon compliance resolution
plan, the State may exercise its rights under the provisions of this contract.
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EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
Grantee
Original Agreement Number
Insert Grantee's Full Legal Name, including "Inc.",
Insert CMS number or Other Agreement Number of the Original
"LLC", etc...
Agreement
Current Agreement Maximum Amount
Option Agreement Number
Initial Term
Insert CMS number or Other Agreement Number of this Option
State Fiscal Year 20xx $0.00
Extension Terms
Agreement Performance Beginning Date
State Fiscal Year 20xx $0.00
Month Day, Year
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
Current Agreement Expiration Date
State Fiscal Year 20xx $0.00
Month Day, Year
Total for All State Fiscal Years $0.00
OPTIONS:
A. Option to extend for an Extension Term
B. Option to change the quantity of Goods under the Agreement
C. Option to change the quantity of Services under the Agreement
D. Option to modify Agreement rates
E. Option to initiate next phase of the Agreement
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current
Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended.
B. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the
rates stated in the Original Agreement, as amended.
C. For use with Option 1(D): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter.
The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option
Effective Date of this Option Letter.
D. For use with Option 1(E): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert
start date and end on Insert ending date at the cost/price specified in Section Number.
E. For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount
table on the Agreement's Signature and Cover Page is hereby deleted and replaced with the Current Agreement
Maximum Amount table shown above.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT -Name of Agency or IHE
INSERT -Name & Title of Head of Agency or IHE
By: Name & Title of Person Signing for Agency or IHE
Date:
In accordance with §24-30-202, C.R.S., this Option is not
valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Name of Agency or IHE Delegate -Please delete if agreement
will be routed to OSC for approval
Option Effective Date:
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EXHIBIT C, BUDGET
1. BUDGET BY US TREASURY EXPENDITURE CATEGORY
1.1 Expenditure Categories identified in Exhibit C will determine what is reported on as outlined in
Exhibits D -G.
Project
Number
Project Title
US Treasury Expenditure Category
Number and Name
Budget
RRF050
Department of Public
Health and Environment
Revenue Replacement for
FY 2023-24
6.1 Provision of Government Services
$443,821.00
Total
$443,821.00
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Exhibit D, Federal Provisions
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.
1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients, including
ensuring their subrecipients comply with the SLFRF statute, SLFRF Award Terms and
Conditions, Treasury's Final Rule, and reporting requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2"d tier subrecipient),
must hold the 2"d tier subrecipient accountable to these provisions and adhere to reporting
requirements.
1.4. 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.
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 foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a
non -Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. "Executive" means an officer, managing partner or any other employee in a management
position.
2.1.4. "Expenditure Category (EC)" means the category of eligible uses as defined by the US
Department of Treasury in "Appendix 1 of the Compliance and Reporting Guidance,
State and Local Fiscal Recovery Funds" report available at www.treasury.gov.
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2.1.5. `Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
2.1.6. `Grant" means the Grant to which these Federal Provisions are attached.
2.1.7. `Grantee" means the party or parties identified as such in the Grant to which these Federal
?rovisions are attached.
2.1.8. "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.
2.1.9. `Nonprofit Organization" means any corporation, trust, association, cooperative, or other
organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or similar
purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.10. `OMB" means the Executive Office of the President, Office of Management and Budget.
2.1.11. `Pass -through Entity" means a non -Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.12. `Prime 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.
2.1.13. "Subaward" means an award by a Prime Recipient to a Subrecipient funded in whole or
is part by a Federal Award. The terms and conditions of the Federal Award flow down
to the Subaward unless the terms and conditions of the Federal Award specifically
indicate otherwise in accordance with 2 CFR 200.101. The term does not include
payments to a Contractor or payments to an individual that is a beneficiary of a Federal
program.
2.1.14. `Subrecipient" or "Subgrantee" means a non -Federal Entity (or a Federal agency under
an Award or Subaward to a non -Federal Entity) receiving Federal funds through a Prime
Recipient to support the performance of the Federal project or program for which the
Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the
Federal Award to the Prime Recipient, including program compliance requirements. The
term does not include an individual who is a beneficiary of a federal program.
2.1.15. "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. "Total Compensation" means the cash and noncash dollar
value earned by an Executive during the Prime Recipient's or Subrecipient's preceding
fscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the
following:
2.1.1 5.1. Salary and bonus;
2.1.13.2. Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to the
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fiscal year in accordance with the Statement of Financial Accounting Standards
No. 123 (Revised 2005) (FAS 123R), Shared Based Payments;
2.1.15.3. Earnings for services under non -equity incentive plans, not including group life,
health, hospitalization or medical reimbursement plans that do not discriminate in
favor of Executives and are available generally to all salaried employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above -market earnings on deferred compensation which is not tax -qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.,
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the Executive exceeds $10,000.
2.1.16. "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. "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.
2.1.18. "Unique Entity ID" means the Unique Entity ID established by the federal government
for a Grantee at https://sam.gov/content/home.
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all 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 Grantee of such revisions, but such notice
shall not be a condition precedent to the effectiveness of such revisions.
3.2. Per US Treasury Final Award requirements, grantee programs or services must not include a
term or conditions that undermines efforts to stop COVID-19 or discourages compliance with
recommendations and CDC guidelines.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID (UEI) REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update
Grantee's information in Sam.gov at least annually.
5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and
5.1.2. In the preceding fiscal year, Grantee received:
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5.12.1. 80% or more of its annual gross revenues from Federal procurement Agreements
and Subcontractors and/or Federal financial assistance Awards or Subawards
subject to the Transparency Act; and
5.12.2. $30,000,000 or more in annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.12.3. 5.1.2.3 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. If &antee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall
report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct
payment shall be made to Grantee 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 Grantee's obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL 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
$30,300, the Award shall continue to be subject to the reporting requirements. If the total
award is below $30,000 no reporting required; if more than $30,000 and less than $50,000
then FFATA reporting is required; and, $50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to
audi ss of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIIIVT REPORTING REQUIREMENTS.
8.1. Grantee shall report as set forth below.
8.1.1. Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as referenced in
Exhibit F to report to the State Agency within ten (10) days following each quarter ended
September, December, March and June. Additional information on specific requirements
are detailed in the SLFRF Subrecipient Quarterly Report Workbooks and "Compliance
and Reporting Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov.
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EC 1— Public Health
All Public Health Projects
a) Description of structure and objectives
b) Description of relation to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
COVID-19 Interventions and Mental Health (1.4, 1.11, 1.12, 1.13)
a) Amount of total project used for evidence -based programs
b) Evaluation plan description
COVID-19 Small Business Economic Assistance (1.8)
a) Number of small businesses served
COVID-19 Assistance to Non -Profits (1.9)
a) Number of non -profits served
COVID-19 Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (1.10)
a) Sector of employer
b) Purpose of funds
EC 2 — Negative Economic Impacts
All Negative Economic Impacts Projects
a) Description of project structure and objectives
b) Description of project's response to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Amount of total project used for evidence -based programs and description of evaluation
plan (not required for 2.5, 2.8, 2.21-2.24, 2.27-2.29, 2.31, 2.34-2.36)
e) Number of workers enrolled in sectoral job training programs
f) Number of workers completing sectoral job training programs
g) Number of people participating in summer youth employment programs
h) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
Household Assistance (2.1-2.8)
a) Number of households served
b) Number of people or households receiving eviction prevention services (2.2 & 2.5 only)
(Federal guidance may change this requirement in July 2022)
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c) Number of affordable housing units preserved or developed (2.2 & 2.5 only) (Federal
guidance may change this requirement in July 2022)
Healthy Childhood Environments (2.11-2.13)
a) Number of children served by childcare and early learning (Federal guidance may change
tlds requirement in July 2022)
b) Number of families served by home visiting (Federal guidance may change this
requirement in July 2022)
Education Assistance (2.14, 2.24-2.27)
a) National Center for Education Statistics ("NCES") School ID or NCES District ID
b) N.imber of students participating in evidence -based programs (Federal guidance may
change this requirement in July 2022)
Housing Support (2.15, 2.16, 2.18)
a) Narnber of people or households receiving eviction prevention services (Federal
guidance may change this requirement in July 2022)
b) Number of affordable housing units preserved or developed (Federal guidance may
change this requirement in July 2022)
Small Business Economic Assistance (2.29-2.33)
a) Number of small businesses served
Assistance to Pion -Profits (2.34)
a) Number of non -profits served
Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (235-2.36)
a) Sector of employer
b) Pu_-pose of funds
c) If ether than travel, tourism and hospitality (2.36) — description of hardship
EC 3 — Public Health — Negative Economic Impact: Public Sector Capacity
Payroll for Public Health and Safety Employees (EC 3.1)
a) Number of government FTEs responding to COVID-19
Rehiring Publk Sector Staff (EC 3.2)
a) Number of FTEs rehired by governments
EC 4 — Premium Pay
All Premium Pay Projects
a) List of sectors designated as critical by the chief executive of the jurisdiction, if beyond
those listed in the final rule
b) Numbers of workers served
c) Envloyer sector for all subawards to third -party employers
d) Written narrative justification of how premium pay is responsive to essential work during
thepublic health emergency for non-exempt workers or those making over 150 percent of
the state/county's average annual wage
e) Number of workers to be served with premium pay in K-12 schools
EC 5 — Infrastructure Projects
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All Infrastructure Projects
a) Projected/actual construction start date (month/year)
b) Projected/actual initiation of operations date (month/year)
c) Location (for broadband, geospatial data of locations to be served)
d) Projects over $10 million
i. Prevailing wage certification or detailed project employment and local impact
report
ii. Project labor agreement certification or project workforce continuity plan
iii. Prioritization of local hires
iv. Community benefit agreement description, if applicable
Water and sewer projects (EC 5.1-5.18)
a) National Pollutant Discharge Elimination System (NPDES) Permit Number (if
applicable; for projects aligned with the Clean Water State Revolving Fund)
b) Public Water System (PWS) ID number (if applicable; for projects aligned with the
Drinking Water State Revolving Fund)
c) Median Household Income of service area
d) Lowest Quintile Income of the service area
Broadband projects (EC 5.19-5.21)
a) Confirm that the project is designed to, upon completion, reliably meet or exceed
symmetrical 100 Mbps download and upload speeds.
i. If the project is not designed to reliably meet or exceed symmetrical 100 Mbps
download and upload speeds, explain why not, and
ii. Confirm that the project is designed to, upon completion, meet or exceed 100
Mbps download speed and between at least 20 Mbps and 100 Mbps upload
speed, and be scalable to a minimum of 100 Mbps download speed and 100
Mbps upload speed.
b) Additional programmatic data will be required for broadband projects and will be
defined in a subsequent version of the US Treasury Reporting Guidance, including, but
not limited to (Federal guidance may change this requirement in July 2022):
i. Number of households (broken out by households on Tribal lands and those
not on Tribal lands) that have gained increased access to broadband meeting
the minimum speed standards in areas that previously lacked access to service
of at least 25 Mbps download and 3 Mbps upload, with the number of
households with access to minimum speed standard of reliable 100 Mbps
symmetrical upload and download and number of households with access to
minimum speed standard of reliable 100 Mbps download and 20 Mbps upload
ii. Number of institutions and businesses (broken out by institutions on Tribal
lands and those not on Tribal lands) that have projected increased access to
broadband meeting the minimum speed standards in areas that previously
lacked access to service of at least 25 Mbps download and 3 Mbps upload, in
each of the following categories: business, small business, elementary school,
secondary school, higher education institution, library, healthcare facility, and
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public safety organization, with the number of each type of institution with
access to the minimum speed standard of reliable 100 Mbps symmetrical
upload and download; and number of each type of institution with access to
the minimum speed standard of reliable 100 Mbps download and 20 Mbps
upload.
iii. Narrative identifying speeds/pricing tiers to be offered, including the
speed/pricing of its affordability offering, technology to be deployed, miles of
fiber, cost per mile, cost per passing, number of households (broken out by
households on Tribal lands and those not on Tribal lands) projected to have
increased access to broadband meeting the minimum speed standards in areas
that previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, number of households with access to minimum speed standard
of reliable 100 Mbps symmetrical upload and download, number of
households with access to minimum speed standard of reliable 100 Mbps
download and 20 Mbps upload, and number of institutions and businesses
(broken out by institutions on Tribal lands and those not on Tribal lands)
projected to have increased access to broadband meeting the minimum speed
standards in areas that previously lacked access to service of at least 25 Mbps
download and 3 Mbps upload, in each of the following categories: business,
small business, elementary school, secondary school, higher education
institution, library, healthcare facility, and public safety organization. Specify
the number of each type of institution with access to the minimum speed
standard of reliable 100 Mbps symmetrical upload and download; and the
number of each type of institution with access to the minimum speed standard
of reliable 100 Mbps download and 20 Mbps upload.
All Expenditure Categories
a) Program income earned and expended to cover eligible project costs
8.1.2. A Subrecipient shall report the following data elements to Prime Recipient no later than
five days after the end of the month following the month in which the Subaward was
made.
8.1.2.1. Subrecipient Unique Entity ID;
8.112. Subrecipient Unique Entity ID if more than one electronic funds transfer (EFT)
account;
8.1.23. Subrecipient parent's organization Unique Entity ID;
8.1.24. Subrecipient's address, including: Street Address, City, State, Country, Zip + 4,
and Congressional District;
8.1.25. Subrecipient's top 5 most highly compensated Executives if the criteria in §4
above are met; and
8.1.2.6. Subrecipient's Total Compensation of top 5 most highly compensated Executives
if the criteria in §4 above met.
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8.1.3. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, the following
data elements:
8.1.3.1. Subrecipient's Unique Entity IDas registered in SAM.
8.1.3.2. Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
8.1.3.3. Narrative identifying methodology for serving disadvantaged communities. See
the "Project Demographic Distribution" section in the "Compliance and Reporting
Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov. This requirement is applicable to all projects in Expenditure
Categories 1 and 2.
8.1.3.4. Narrative identifying funds allocated towards evidenced -based interventions and
the evidence base. See the "Use of Evidence" section in the "Compliance and
Reporting Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov. See section 8.1.1 for relevant Expenditure Categories.
8.1.3.5. Narrative describing the structure and objectives of the assistance program and in
what manner the aid responds to the public health and negative economic impacts
of COVID-19. This requirement is applicable to Expenditure Categories 1 and 2.
For aid to travel, tourism, and hospitality or other impacted industries (EC 2.11-
2.12), also provide the sector of employer, purpose of funds, and if not travel,
tourism and hospitality a description of the pandemic impact on the industry.
8.1.3.6. Narrative identifying the sector served and designated as critical to the health and
well-being of residents by the chief executive of the jurisdiction and the number
of workers expected to be served. For groups of workers (e.g., an operating unit,
a classification of worker, etc.) or, to the extent applicable, individual workers,
other than those where the eligible worker receiving premium pay is earning (with
the premium pay included) below 150 percent of their residing state or county's
average annual wage for all occupations, as defined by the Bureau of Labor
Statistics Occupational Employment and Wage Statistics, whichever is higher,
OR the eligible worker receiving premium pay is not exempt from the Fair Labor
Standards Act overtime provisions, include justification of how the premium pay
or grant is responsive to workers performing essential work during the public
health emergency. This could include a description of the essential workers'
duties, health or financial risks faced due to COVID-19 but should not include
personally identifiable information. This requirement applies to EC 4.1, and 4.2.
8.1.3.7. For infrastructure projects (EC 5), or capital expenditures in any expenditure
category, narrative identifying the projected construction start date (month/year),
projected initiation of operations date (month/year), and location (for broadband,
geospatial location data). For projects over $10 million:
8.1.3.8. Certification that all laborers and mechanics employed by Contractors and
Subcontractors in the performance of such project are paid wages at rates not less
than those prevailing, as determined by the U.S. Secretary of Labor in accordance
with subchapter IV of chapter 31 of title 40, United States Code (commonly
known as the "Davis -Bacon Act"), for the corresponding classes of laborers and
mechanics employed on projects of a character similar to the Agreement work in
the civil subdivision of the State (or the District of Columbia) in which the work
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is to be performed, or by the appropriate State entity pursuant to a corollary State
prevailing -wage -in -construction law (commonly known as "baby Davis -Bacon
Acts"). If such certification is not provided, a recipient must provide a project
employment and local impact report detailing (1) the number of employees of
Contractors and sub -contractors working on the project; (2) the number of
employees on the project hired directly and hired through a third party; (3) the
wages and benefits of workers on the project by classification; and (4) whether
those wages are at rates less than those prevailing. Recipients must maintain
sufficient records to substantiate this information upon request.
8.1.3.8.1. A Subrecipient may provide a certification that a project includes a project
labor agreement, meaning a pre -hire collective bargaining agreement
consistent with section 8(f) of the National Labor Relations Act (29 U.S.C.
158(f)). If the recipient does not provide such certification, the recipient must
provide a project workforce continuity plan, detailing: (1) how the Subrecipient
will ensure the project has ready access to a sufficient supply of appropriately
skilled and unskilled labor to ensure high -quality construction throughout the
life of the project; (2) how the Subrecipient will minimize risks of labor
disputes and disruptions that would jeopardize timeliness and cost-
effectiveness of the project; and (3) how the Subrecipient will provide a safe
and healthy workplace that avoids delays and costs associated with workplace
illnesses, injuries, and fatalities; (4) whether workers on the project will receive
wages and benefits that will secure an appropriately skilled workforce in the
context of the local or regional labor market; and (5) whether the project has
completed a project labor agreement.
F.1.3.8.2. Whether the project prioritizes local hires.
8.1.3.8.3. Whether the project has a Community Benefit Agreement, with a description
of any such agreement.
8.1.4. Subrecipient also agrees to comply with any reporting requirements established by the US
Treasury, Governor's Office and Office of the State Controller. The State of Colorado may
need additional reporting requirements after this agreement is executed. If there are
addi-lonal reporting requirements, the State will provide notice of such additional reporting
requ rements via Exhibit F — SLFRF Reporting Modification Form.
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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 Agreements 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.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime 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 (Period of performance), and Subpart
F -Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 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.
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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 Prime Recipient. A program -specific
audit may not be elected for research and development unless all of the Federal Awards
expended were received from Recipient and Recipient approves in advance a program -
specific audit.
11.1.2. exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its
-fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that
year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records
shall be available for review or audit by appropriate officials of the Federal agency, the
State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by 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)
aid 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. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In aSdition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all Subcontractors
entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements that
meet the definition of "federally assisted construction Agreement" in 41 CFR Part 60-1.3
sziall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"
and implementing regulations at 41 CFR part 60, Office of Federal Agreement
Compliance Programs, Equal Employment Opportunity, Department of Labor.
12.1.2. [Applicable to on -site employees working on government -funded construction, alteration
and repair projects.] Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141-
3148).
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12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the
definition of "funding agreement" under 37 CFR 401.2 (a) and the Prime Recipient or
Subrecipient wishes to enter into an Agreement with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Agreements and Cooperative Agreements," and any implementing
regulations issued by the Federal Awarding Agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non -Federal awardees to agree to
comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and
the Regional Office of the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
12.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Agreement, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non -Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non -Federal award.
12.1.7. 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 Agreements, grants
and cooperative agreements that are expected to exceed $50,000 within 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.
12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment
(2 CFR 200.216). Grantee 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.
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12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor, transferee, and
assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits
reci?ients of federal financial assistance from excluding from a program or activity, denying
benefits of, or otherwise discriminating against a person on the basis of race, color, or national
orign (42 U.S.C. § 2000d et seq.), as implemented by the Department of Treasury's Title VI
regdations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
this Agreement (or agreement). Title VI also includes protection to persons with "Limited
Eng ish Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.
C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations,
31 CRF Part 22, and herein incorporated by reference and made part of this Agreement or
agreement.
13. CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a "State of Colorado Agreement with
Recipient of Federal Recovery Funds" Certification Form in Exhibit E and submit to State
Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes or
regulations on an annual basis. 2 CFR 200.208. Submission maybe required more frequently
if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in
writing to the State at the end of the Award that the project or activity was completed or the
level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort
was lot carried out, the amount of the Award must be adjusted.
14. EXEMPTIONS.
14.1. Thew 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 Grantee 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. Failcwe to comply with these Federal Provisions shall constitute an event of default under the
Gran_ 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
uncle,- the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as
follows:
15.2.1. Fly 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;
15.2.2. By the Federal awarding agency or Pass -through Entity, to the greatest extent authorized
by law, if an award no longer effectuates the program goals or agency priorities;
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15.2.3. 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;
15.2.4. 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
15.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to termination
provisions included in the Federal Award.
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Exhibit E, AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY
FUNDS
Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the American
Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of
the Treasury (Treasury) to make payments to certain Subrecipients from the Coronavirus State
Fiscal Recovery Fund. The State of Colorado has signed and certified a separate agreement with
Treasury as a condition of receiving such payments from the Treasury. This agreement is
between your organization and the State and your organization is signing and certifying the
same terms and conditions included in the State's separate agreement with Treasury. Your
organization is referred to as a Subrecipient.
As a condition of your organization receiving federal recovery funds from the State, the
authorized representative below hereby (i) certifies that your organization will carry out the
activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto. Your
organization also agrees to use the federal recovery funds as specified in bills passed by the
General Assembly and signed by the Governor.
Under penalty of perjury, the undersigned official certifies that the authorized representative
has read and understood the organization's obligations in the Assurances of Compliance and
Civil Rights Requirements, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the organization is in compliance with the
nondiscrimination requirements.
Subrecipient Name
Authorized Representative:
Title:
Signature:
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AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
TERMS AND CONDITIONS
1. Use ofFunds.
a. Subrecipient understands and agrees that the funds disbursed under this award may only
be used in compliance with section 602(c) of the Social Security Act (the Act) and
Truasury's regulations implementing that section and guidance.
b. Sulrecipient will determine prior to engaging in any project using this assistance that
it has the institutional, managerial, and financial capability to ensure proper planning,
ma lagement, and completion of such project.
2. Period of Performance. The period of performance for this subaward is shown on page one
of this Agreement. Subrecipient may use funds to cover eligible costs incurred, as set forth
in Treasury's implementing regulations, during this period of performance.
3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury
as they relate to this award. Subrecipient also agrees to comply with any reporting requirements
established by the Governor's Office and Office of the State Controller. The State will provide
notice o: such additional reporting requirements via Exhibit G — Reporting Modification Form.
4. Maintenance of and Access to Records
a. Sulrecipient shall maintain records and financial documents sufficient to evidence
compliance with section 602(c), Treasury's regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office,
or Heir authorized representatives, shall have the right of access to records (electronic
andotherwise) of Subrecipient in order to conduct audits or other investigations.
c. Records shall be maintained by Subrecipient for a period of five (5) years after all funds
hay., been expended or returned to Treasury, whichever is later.
5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
6. Administrative Costs. Subrecipient may use funds provided under this award to cover both
direct and indirect costs. Subrecipient shall follow guidance on administrative costs issued
by the Governor's Office and Office of the State Controller.
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7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
8. Conflicts of Interest. The State of Colorado understands and agrees it must maintain a conflict
of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
is applicable to each activity funded under this award. Subrecipient and Contractors must
disclose in writing to the Office of the State Controller or the pass -through entity, as appropriate,
any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §
200.112. The Office of the State Controller shall disclose such conflict to Treasury.
9. Compliance with Applicable Law and Regulations.
a. Subrecipient agrees to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance
issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all
other applicable federal statutes, regulations, and executive orders, and Subrecipient
shall provide for such compliance by other parties in any agreements it enters into with
other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions
as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury. Subpart F — Audit
Requirements of the Uniform Guidance, implementing the Single Audit Act,
shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part
25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part
170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a
term or condition in all lower tier covered transactions (Agreements and
Subcontractors described in 2 C.F.R. Part 180, subpart B) that the award is
subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31
C.F.R. Part 19.
v. Subrecipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby
incorporated by reference.
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vi Government wide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20.
vii New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance;
1. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of
race, color, religion, national origin, sex, familial status, or disability;
ii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.),
and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
-. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
§§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
Remedial Actions. In the event of Subrecipient's noncompliance with section 602 of the
Act, other applicable laws, Treasury's implementing regulations, guidance, or any
reporting or other program requirements, Treasury may impose additional conditions on
the remipt of a subsequent tranche of future award funds, if any, or take other available
remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of
the Ac- regarding the use of funds, previous payments shall be subject to recoupment as
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10. provided in section 602(e) of the Act and any additional payments may be subject to
withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act
(5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity financed
in whole or in part by this federal assistance.
12. False Statements. Subrecipient understands that making false statements or claims in
connection with this award is a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or Agreements, and/or any other remedy
available by law.
13. Publications. Any publications produced with funds from this award must display the
following language: "This project [is being] [was] supported, in whole or in part, by
federal award number SLFRF0126 awarded to the State of Colorado by the U.S.
Department of the Treasury."
14. Debts Owed the Federal Government.
a. Any funds paid to the Subrecipient (1) in excess of the amount to which the
Subrecipient is finally determined to be authorized to retain under the terms of this
award; (2) that are determined by the Treasury Office of Inspector General to have
been misused; or (3) that are determined by Treasury to be subject to a repayment
obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not
been repaid by the Subrecipient shall constitute a debt to the federal government.
b. Any debts determined to be owed to the federal government must be paid promptly
by Subrecipient. A debt is delinquent if it has not been paid by the date specified in
Treasury's initial written demand for payment, unless other satisfactory
arrangements have been made or if the Subrecipient knowingly or improperly
retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
actions available to it to collect such a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons
resulting in death, bodily injury, property damages, or any other losses resulting in
any way from the performance of this award or any other losses resulting in any
way from the performance of this award or any Agreement, or Subcontractor under
this award.
b. The acceptance of this award by Subrecipient does not in any way establish an
agency relationship between the United States and Subrecipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
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believes is evidence of gross mismanagement of a federal Agreement or grant, a gross
waste of federal funds, an abuse of authority relating to a federal Agreement or grant,
a substantial and specific danger to public health or safety, or a violation of law, rule,
or regulation related to a federal Agreement (including the competition for or
negotiation of an Agreement) or grant.
b. Tle list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for Agreement or grant oversight or
management;
v. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
vii. A management official or other employee of Subrecipient, Contractor, or
Subcontractor who has the responsibility to investigate, discover, or
address misconduct.
c. Subrecipient shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
17. Increasng Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 CAIN. 18, 1997), Subrecipient should encourage its Contractors to adopt and enforce
on-the-job seat belt policies and programs for their employees when operating company -
owned, rented or personally owned vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009), Subrecipient should encourage its employees, Subrecipients, and Contractors
to adopt and enforce policies that ban text messaging while driving, and Subrecipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
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ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS
REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the
Treasury, the Subrecipient provides the assurances stated herein. The federal financial assistance
may include federal grants, loans and Agreements to provide assistance to the Subrecipient's
beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing
assistance. Federal financial assistance does not encompass Agreements of guarantee or insurance,
regulated programs, licenses, procurement Agreements by the Federal government at market value,
or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available
through the Department of the Treasury, including any assistance that the Subrecipient may request
in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances
apply to all of the operations of the Subrecipient's program(s) and activity(ies), so long as any
portion of the Subrecipient's program(s) or activity(ies) is federally assisted in the manner
prescribed above.
1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of
1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or
subjection to discrimination under programs and activities receiving federal financial assistance,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars,
policies, memoranda, and/or guidance documents.
2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for
Persons with Limited English Proficiency," seeks to improve access to federally assisted
programs and activities for individuals who, because of national origin, have Limited English
proficiency (LEP). Subrecipient understands that denying a person access to its programs,
services, and activities because of LEP is a form of national origin discrimination prohibited
under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's
implementing regulations. Accordingly, Subrecipient shall initiate reasonable steps, or comply
with the Department of the Treasury's directives, to ensure that LEP persons have meaningful
access to its programs, services, and activities. Subrecipient understands and agrees that
meaningful access may entail providing language assistance services, including oral
interpretation and written translation where necessary, to ensure effective communication in the
Subrecipient's programs, services, and activities.
3. Subrecipient agrees to consider the need for language services for LEP persons when
Subrecipient develops applicable budgets and conducts programs, services, and activities. As a
resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For
more information on taking reasonable steps to provide meaningful access for LEP persons,
please visit http://www.lep.gov.
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4. Subrecipicnt acknowledges and agrees that compliance with the assurances constitutes a condition
of continued receipt of federal financial assistance and is binding upon Subrecipient and
Subrecipient's successors, transferees, and assignees for the period in which such assistance is
provided.
5. Subrecipient acknowledges and agrees that it must require any sub -grantees, contractors,
subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above,
and agree, to incorporate the following language in every Agreement or agreement subject to
Title VI aid its regulations between the Subrecipient and the Subrecipient's sub -grantees,
Contractors, Subcontractors, successors, transferees, and assignees:
The sub -grantee, Contractor, Subcontractor, successor, transferee, and assignee shall comply
with Tile VI of the Civil Rights Act of 1964, which prohibits Subrecipients offederal financial
assistance from excluding from a program or activity, denying benefits of or otherwise
discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31
CFR Fart 22, which are herein incorporated by reference and made a part of this Agreement
(or a€reement). Title VI also includes protection to persons with "Limited English
Proficiency" in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
Agreement or agreement.
6. Subrecipient understands and agrees that if any real property or structure is provided or improved
with the a.d of federal financial assistance by the Department of the Treasury, this assurance
obligates be Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
during which the real property or structure is used for a purpose for which the federal financial
assistance s extended or for another purpose involving the provision of similar services or benefits.
If any personal property is provided, this assurance obligates the Subrecipient for the period during
which it re.ains ownership or possession of the property.
7. Subrecipient shall cooperate in any enforcement or compliance review activities by the
Departmert of the Treasury of the aforementioned obligations. Enforcement may include
investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that
may result from these actions. The Subrecipient shall comply with information requests, on -site
compliancc reviews and reporting requirements.
8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
complaints of discrimination on the grounds of race, color, or national origin, and limited English
proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
completed, including outcome. Subrecipient also must inform the Department of the Treasury if
Subrecipient has received no complaints under Title VI.
9. Subrecipient must provide documentation of an administrative agency's or court's findings
of non-compliance of Title VI and efforts to address the non-compliance, including any
voluntary compliance or other agreements between the Subrecipient and the administrative
agency that made the finding. If the Subrecipient settles a case or matter alleging such
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discrimination, the Subrecipient must provide documentation of the settlement. If
Subrecipient has not been the subject of any court or administrative agency finding of
discrimination, please so state.
10. If the Subrecipient makes sub -awards to other agencies or other entities, the Subrecipient is
responsible for ensuring that sub-Subrecipients also comply with Title VI and other applicable
authorities covered in this document State agencies that make sub -awards must have in place
standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub- Subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the
United States may take in order to address violations of this document or applicable federal law.
Agreement Number: 2024*3063
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Exhibit F - SAMPLE SLFRF REPORTING MODIFICATION FORM
Grantee:
Project Title:
Project Duration: I To:
State Agency:
Grant Agreement No:
Project No:
From: I
This form serves as notification that there has been a change to the reporting requirements set forth in
the original SLFRF Grant Agreement.
The following reporting requirements have been (add/ remove additional rows as necessary):
Updated Reporting
Requirement
(Add/Delete/Modify),
Project Number
Reporting Requirement,
By signing this form, the Grantee agrees to and acknowledges the changes to the reporting
requirements set forth in the original SLFRF Grant Agreement. All other terms and conditions of the
original SLFRF Grant Agreement, with any approved modifications, remain in full force and effect.
Grantee shall submit this form to the State Agency within 10 business days of the date sent by that
Agency.
Grantee
Date
State Agency Grant Manager Date
Agreement Number: 2024*3063
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DocuSigrr
rtificate Of Completion
Envelope Id: 03DB3A4251F547C899223A1544C2C4B7
Subject: Request for Signature - Start 12/22 - 2024*3063 OC SLFRF OPHP Weld
Group: PCS
Source Envelope:
Document Pages: 49
Certificate Pages: 5
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
Record Tracking
Status: Original
2023-12-07103:17
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Health - Contracts
health-contracts@weld.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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CDPHE_EDSignature
Signing Group: CDPHE_EDSignature
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lfl Person, Signer Events
Deli
vents
Gayle L Bashor
gayle.bashor@state.co.us
Contract Specialist
CDPHE
Signing Group: CDPHE_Contract Review
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Electronic Record and Signature Disclosure:
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IV:
Signatures: 0
Initials: 0
Holder: Michael Seiffertt
michael.seiffertt@state.co.us
Pool: FedRamp
Pool: Colorado Department of Public Health and
Environment
Signature
[gnatun
Status
VIEWED
Using IP Address: 165.127.8.254
Status: Sent
Envelope Originator:
Michael Seiffertt
4300 Cherry Creek Drive S
Denver, CO 80246
michael.seiffertt@state.co.us
IP Address: 75.70.61.161
Location: DocuSign
Location: DocuSign
Timestamp
Sent: 2023-12-13 112:45
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Sent: 2023-12-07 103:20
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Completed: 2023-12-13 112:35
Timestamp
Intermediary Delivery Events
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Michael Seiffertt
michael.seiffertt@state.co.us
Contract Administrator, ADM
Colorado Department of Pubic Health and
Environment
Security Level: Email, Account Authentication
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Electronic Record and Sigrsture Disclosure:
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Shaun May
smay@co.weld.co.us
Commissioner Pro Tem
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2023-12-13 112:41
ID: a847dbfc-b8d7-4f91-87-d9f13f09e610
CDPHE Contracts Mailbox
cdphe_pcu@state.co.us
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Electronic Record andSignature:Disclosure
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Sent: 2023-12-13 112:35
Sent: 2023-12-13 112:45
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Timestamp
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Timestamps
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Electronic Record and Signature Disclosure created on: 2019-09-13 1 10:50
Parties agreed to: Shaun May
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO Colorado Department of Public Health and Environment (we,
us or Company) may be required by law to provide to you certain written notices or disclosures.
Described below are the terms and conditions for providing to you such notices and disclosures
electronically through the DocuSign system. Please read the information below carefully and
thoroughly, and if you can access this information electronically to your satisfaction and agree to
this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by
selecting the check -box next to 'I agree to use electronic records and signatures' before clicking
`CONTINUE' within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per -page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you :ell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequenc:s of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Carahsoft OBO Colorado Department of Public Health and Environment:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact Ls by email send messages to: lilo.santos@state.co.us
To advise Carahsoft OBO Colorado Department of Public Health and Environment of
your new email address
To let us knew of a change in your email address where we should send notices and disclosures
electronicaty to you, you must send an email message to us at lilo.santos@state.co.us and in the
body of suck request you must state: your previous email address, your new email address. We
do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Carahsoft OBO Colorado Department of Public Health and
Environment
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to lilo.santos@state.co.us and in the body
of such request you must state your email address, full name, mailing address, and telephone
number. We will bill you for any fees at that time, if any.
To withdraw your consent with Carahsoft OBO Colorado Department of Public Health
and Environment
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check -box indicating you wish to withdraw your consent, or you may;
ii. send us an email to lilo.santos@state.co.us and in the body of such request you must state your
email, full name, mailing address, and telephone number. We do not need any other information
from you to withdraw consent.. The consequences of your withdrawing consent for online
documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check -box next to 'I agree to use electronic records and signatures' before
clicking `CONTINUE' within the DocuSign system.
By selecting the check -box next to 'I agree to use electronic records and signatures', you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify Carahsoft OBO Colorado Department of Public Health and
Environment as described above, you consent to receive exclusively through electronic
means all notices, disclosures, authorizations, acknowledgements, and other documents
that are required to be provided or made available to you by Carahsoft OBO Colorado
Department of Public Health and Environment during the course of your relationship
with Carahsoft OBO Colorado Department of Public Health and Environment.
Contract For
Entity Information
Entity Name*
COLORADO DEPT OF PUBLIC
HEALTH/ENVIRONMENT
Entity ID*
@00001926
Q New Entity?
Contract Name* Contract ID
CDPHE GRANT AGREEMENT FOR FY 24 ARPA/SLFRF 7738
FOR LOCAL PUBLIC HEALTH FUNDING
Contract Status
CTB REVIEW
Contract Lead*
BFRITZ
Contract Lead Email
bfritz@weld.gov;Health-
Contracts@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
CDPHE GRANT AGREEMENT FOR FY 24 ARPA/SLFRF FOR LOCAL PUBLIC HEALTH FUNDING
Contract Description 2
AGREEMENT NUMBER 2024`3063; FEDERAL AWARD NUMBER SLFRP0126
Contract Type* Department
GRANT HEALTH
Amount*
$443,821.00
Renewable*
NO
Automatic Renewal
NO
Grant
YES
IGA
NO
Department Email
CM-Health@weldgov.com
Department Head Email
CM-Health-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
Grant Deadline Date
Requested BOCC Agenda Due Date
Date* 01 /06/2024
01/10/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
If this is a renewal enter previous Contract ID
6281
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
12/15/2023
Review Date*
03/31/2024
Termination Notice Period Committed Delivery Date
Contact Information
Contact Info
Renewal Date
Expiration Date*
06/30/2024
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JASON CHESSHER
DH Approved Date
01/05/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
01/17/2024
Finance Approver
CHRIS D'OVIDIO
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
01/08/2024 01/09/2024
Tyler Ref #
AG 011724
Originator
BFRITZ
Hello