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Home My WebLink About20232835.tiffMariah Higgins From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Good afternoon CTB, Sara Adams Tuesday, September 3, 2024 3:54 PM CTB HS -Contract Management; HS -CM Agreements; Kelly Morrison COMMUNICATION ITEM: Option Letter #2 ARPA Contract (Tyler ID# 2022-0455) Region 2B Executed Option Letter #2 22_IHEA_171636 OL_2.pdf Follow up Flagged Attached please find Option Letter #2 for the ARPA Contract 22 IHEA 171636, known to the Board as Tyler# 2022-0455. Please let me know if you have any questions. Thank you, Sara Sara Adams Contract Administrative Coordinator Weld County Dept. of Human Services 315 N. 11th Avenue, Building A PO Box A Greeley, CO 80632 (970) 400-6603 sadams@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Co NIINIun;co.-1-:onS oq/i 6/2,1 H SD, Ac ropxo 01/03 /2H 2.oz3 - 23S I -1R ©O ctS Docusign Envelope ID: 1A3B4BC4-A999-4BAE-8D4E-33F0D51AF391 OPTION LETTER #2 State Agency Colorado Department of Human Services Option Letter Number 2 Contractor Weld County, Colorado Weld County Department of Human Services Weld County Area Agency on Aging Original Contract Number 22 IHEA 171636 Current Contract Maximum Amount Initial Term (ARPA) 02/03/22 to 09/30/24 $1,158,630.06 Extension Terms 10/01/24 - 06/30/25 $0.00 TOTAL FOR ALL FISCAL YEARS $1,158,630.06 Option Letter Contract Number 25 IHEA 193172 Contract Performance Beginning Date February 3, 2022 Current Contract Expiration Date June 30, 2025 1. OPTIONS: A. Option to extend for an Extension Term. 2. REQUIRED PROVISIONS: A. In accordance with Pagel, Paragraph "Options" on the Original Contract's Signature and Cover Page, and Page 5, Section 2(C) of the Original Contract referenced above, and Section 5 of Amendment 1, the State hereby exercises its option for m additional term, beginning October 1, 2024, and ending on the current contract expiration date shown above, at the rates state in the Original Contract, as amended. B. Exhibit D-3, "Budget", which is attached and incorporated by reference, replaces previous Exhibit D-2. C. Exhibit E-3, "Supplemental Provisions for Federal Awards", which is attached and incorporated by reference, replaces previous Exhibit E-2. 3. OPTION EFFECTIVE DATE: The effective date of this Option Letter is upon approval of the State Controller. STATE OF COLORADO Jared Polis, Governor Colorado Department of Human Services Michelle Barnes, Executive Director CSigned by: �1 lln Ina CAsh`U.b 159AE951NCA44B By: Minna Castillo, Deputy Executive Director Community Partnerships Office of Adult, Aging & Disability Services Date: 8/27/2024 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 -DoeuSigned by: npui By: Telly Belton / Toni Ratiamso'Xinanda Rios Colorado Department of Human Services 8/28/2024 Option Effective Date: Page 1 of 1 Docusign Envelope ID: 1A3B4BC4-A999-4BAE-8D4E-33F0D51AF391 AF391 EXHIBIT D 3 BUDGET AMERICAN RESCUE RECOVERY PLAN ACT (ARPA) FUNDS WELD COUNTY AREA AGENCY ON AGING REGION 2B CONTRACT EFFECTIVE DATE TO JUNE 30, 2025 FUNDING PART INITIAL ALLOCATION OF ARPA FUNDS SUPPLEMENTAL ARPA FUNDS GRAND TOTAL ARPA FUNDS ARPA TITLE III - Part B $306,674.35 $1,479.68 $308,154.03 ARPA TITLE III - Part Cl $203,471.91 $815.26 $204,287.17 ARPA TITLE III - Part C2 $305,207.89 $1,159.65 $306,367.54 . ARPA TITLE III - Part D $34,903.55 $0.00 $34,903.55 ARPA TITLE III - Part E $91,795.34 $358.59 $92,153.93 ARPA Federal Admin $100,794.39 $423.69 $101,218.08 ARPA TITLE VII - OMB $6,369.09 $0.00 $6,369.09 ARPA PUBLIC HEALTH $105,176.67 $0.00 $105,176.67 GRAND TOTAL $ 1,154,393.19 $ 4,236.87 $ 1,158,630.06 PAGE 1OF1 Docusign Envelope ID: 1A3B4BC4-A999-4BAE-8D4E-33F0D51AF391 AF391 COLORADO toFinancial services Department of Human Division of Contracts and Procurement EXHIBIT E-3 Supplemental Provisions for Federal Awards For the purposes of this Exhibit only, Contractor is also identified as "Subrecipient." This Contract 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 Supplemental Provisions for Federal Awards, the Special Provisions, the Contract or any attachments or exhibits incorporated into and made a part of the Contract, the Supplemental Provisions for Federal Awards shall control. In the event of a conflict between the Supplemental Provisions for Federal Awards and the FFATA Supplemental Provisions (if any), and/or exhibit regarding SLFRF Federal Provisions, the terms re FFATA and/or SLFRF shall control. If the source of the funding of the Contract is a grant, 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. 1) Federal Award Identification i. Subrecipient: Weld County, Colorado, Weld County Department of Human Services, Weld County Area Agency on Aging; ii. Subrecipient DUNS number: 075757955 and Subrecipient LEI number: MKKXT9U9MTV5 iii. The Federal Award Identification Numbers (FAIN) are: ARPA Title III Part B — Supportive Services - 2101COSSC6-00/01; ARPA Title III Part C1 — Congregate Meals - 2101 COCMC6-00/01; ARPA Title III Part C2 — Home Delivered Meals - 2101 COHDC6-00/01; ARPA Title III Part D — Preventative Health - 2101 COPHC6-00; ARPA TITLE III Part E - National Family Caregiver Support Program - 2101COFCC6-00/01; ARPA Title VII Ombudsman — Ombudsman - 2101 COOMC6-00; and ARPA Public Health - 2201 COSTPH-00 iv. The Federal award date is May 3, 2021 (ARPA), January 1, 2022 (Public Health), and May 26, 2023 (Supplemental ARPA); v The subaward period of performance start date is April 1, 2021 and end date is June 30, 2025 (ARPA & Supplemental ARPA); start date January 1, 2022 and end date June 30, 2025; (Public Health); vi. Federal Funds ava table from Contract Effective Date to 06/30/2025: CONTRACT OR FISCAL YEAR FUNDING PART AMOUNT OF FEDERAL FUNDS OBLIGATED BY THIS CONTRACT TOTAL AMOUNT FEDERAL FUNDS OBLIGATED THE SUBRECIPIENT OF TO AMOUNT THE FUNDS COMMITTED TOTAL OF FEDERAL AWARD TO SUBRECI PI ENT BY CDHS $308,154.03 $308,154.03 EFFECTIVE DATE TO 06/30/2025 AFtPA PART B $1,479.68 $204,287.17 $204,287 17 EFFECTIVE DATE ARPA PART C-1 $815 26 TO 06/30/2025 $306,367.54 EFFECTIVE DATE PART C-2 $1,159.65 $306,367.54 TO 06/30/2025ARPA S34,903.55 $34,903.55 EFFECTIVE DATE TO 06/30/2025 ARPA PART D $0.00 592,153.93 $92,153.93 EFFECTIVE DATE TO 06/30/2025 APRA PART E $358.59 $101,218.08 $101,218.08 EFFECTIVE DATE ARPA FEDERAL ADMI N' $423.69 TO 06/30/2025 $6,369.09 $6,369.09 EFFECTIVE DATE TO 06/30/2025 ARPA OMBUDSMAN $0.00 $105,176.67 $105,176.67 EFFECTIVE DATE TO 06/30/2025 ARPA PUBLIC HEALTH $0.00 TOTAL $4,236.87 51,158,630.06 S 1,158, 630.06 *Is comprised of 1O% Federal Parts B, C-1, C-2, and E as authorized by the Older Americans Act. Supplemental Provisions for Federal Awards Revised July 2024 Page 1 of 10 Docusign Envelope ID: 1 A3B4BC4-A999-4BAE-8D4E-33F0D51 AF391 vii. Federal award project description: American Recovery Act Program (ARPA) Older Americans Act Title III — Grants for State and Community Programs on Aging, Older Americans Act Title VII — Title VII — Allotments for Ombudsman activities, and ARPA Expanding the Public Health Workforce within the Aging Network for States; viii. The name of the Federal awarding agency is Department of Health and Human Services, Administration for Community Living; the name of the pass -through entity is the State of Colorado, Department of Human Services (CDHS); and the contact information for the awarding official is 1- 877-614-5533; PMSSupport@psc.gov. ix. The Catalog of Federal Domestic Assistance (CFDA) number is: CONTRACT FISCAL OR YEAR PROGRAM TITLE GRANT # CFDA # EFFECTIVE DATE TO 06/30/2025 ARPA TITLE III PART B SUPPORTIVE SERVICES 2101COSSC6-01 93.044 EFFECTIVE DATE TO 06/30/2025 ARPA TITLE III PART C1 CONGREGATE MEALS 2101COCMC6-01 93.045 EFFECTIVE DATE TO 06/30/2025 ARPA TITLE III PART C2 HOME -DELIVERED MEALS 2101COHDC6-01 93.045 EFFECTIVE DATE TO 06/30/2025 ARPA TITLE III D PREVENTIVE HEALTH 2101COPHC6-00 93.043 EFFECTIVE DATE TO 06/30/2025 ARPA TITLE III E NFCSP 2101 COFCC6-01 93.052 EFFECTIVE DATE TO ARPA TITLE VII OMBUDSMAN 2101COOMC6-00 93.042 06/30/2025 EFFECTIVE DATE TO 06/30/2025 ARPA PUBLIC HEALTH 2201COSTPH-00 93.044 x. This award is not for research & development; xi. The indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200.414 Indirect (F&A) costs) is pre -determined based upon the State of Colorado and CDHS cost allocation plan. 2) All requirements imposed by CDHS on Subrecipient so that the Federal award is used in accordance with Federal statutes, regulations, and the terms and conditions of the Federal award, are stated in Exhibit A, Statement of Work. 3) Any additional requirements that CDHS imposes on Subrecipient in order for CDHS to meet its own responsibility to the Federal awarding agency, including identification of any required financial and performance reports, are stated in Exhibit A, Statement of Work. 4) Subrecipient's approved indirect cost rate is Subrecipient does not use an indirect cost rate. Subrecipient's indirect costs are distributed based on its Indirect Cost Allocation Plan.. 5) Subrecipient must permit CDHS and auditors to have access to Subrecipient's records and financial statements as necessary for CDHS to meet the requirements of 2 CFR §200.331 Requirements for pass - through entities, §§ 200.300 Statutory and National Policy Requirements through §200.309 Period of performance, and Subpart F Audit Requirements of this Part. 6) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 18 of this Exhibit and Exhibit A, Statement of Work. 7) Performance and Final Status. Subrecipient shall submit all financial, performance, and other reports to CDHS no later than 45 calendar days after the period of performance end date or sooner termination of this Contract containing an evaluation and review of Subrecipient's performance and the final status of Subrecipient's obligations hereunder. Supplemental Provisions for Federal Awards Page 2 of 10 Revised July 2024 Docusign Envelope ID: 1A3B4BC4-A999-4BAE-8D4E-33F0D51AF391 8) Matching Funds If a box below is checked, the accompanying provision applies. i. ❑ Subrecipient is not required to provide matching funds. i. IJ Subrecipient shall provide matching funds as stated in Exhibit A, Statement of Work. Subrecipient shall have raised the full amount of matching funds prior to the Effective Date and shall report to CDHS regarding the status of such funds upon request. Subrecipient's obligation to pay all or any part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Contract by the authorized representatives of the Subrecipient and paid into the Subrecipient's treasury or bank account. Subrecipient represents to CDHS that the amount designated as matching funds has been legally appropriated for the purposes of this Contract by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by this Contract irrevocably pledge present cash reserves for payments in future fiscal years, and this Contract is not intended to create a multiple -fiscal year debt of the Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Subrecipient's laws or policies. 1. DEFINITIONS. 1.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below. 1.1.1. "Award" means an award of Federal financial assistance, and the Contract setting forth the terms and conditions of that financial assistance, that a non -Federal Entity receives or administers. 1.1.1.1.1. Awards may be in the form of: 1.1.1.1.2. Grants; 1.1.1.1.3. Contracts; 1.1.1.1.4. Cooperative Contracts, which do not include cooperative research and development Contracts (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 1.1.1.1.5. Loans; 1.1.1.1.6. Loan Guarantees; 1.1.1.1.7. Subsidies; 1.1.1.1.8. Insurance; 1.1.1.1.9. Food commodities; 1.1.1.1.10. Direct appropriations; 1.1.1.1.11. Assessed and voluntary contributions; and 1.1.1.1.12. Other financial assistance transactions that authorize the expenditure of Federal funds by non -Federal Entities. 1.1.1.1.13. Any other items specified by OMB in policy memoranda available at the OMB website or other source posted by the OMB. 1.1.1.2. Award does not include: 1.1.1.2.1. Technical assistance, which provides services in lieu of money; 1.1.1.2.2. A transfer of title to Federally -owned property provided in lieu of money; even if the award is called a grant; Supplemental Provisions for Federal Awards Page 3 of 10 Revised July 2024 Docusign Envelope ID: 1A3B4BC4-A999-4BAE-8D4E-33F0D51AF391 1.1.1.2.1. Any award classified for security purposes; or 1.1.1.2.2. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5). 1.1.2. "Contract" means the Contract to which these Federal Provisions are attached and includes all Award types in § of this Exhibit. 1.1.3. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.1.4. "Data Universal Numbering System (DUNS) Number" means the nine -digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website may be found at: http://fedgov.dnb.com/webform. 1.1.5. "Entity" means: 1.1.5.1. If the source of funding is a Grant: 1.1.5.1.1. a Non -Federal Entity; 1.1.5.1.2. a foreign public entity; 1.1.5.1.3. a foreign organization; 1.1.5.1.4. a non-profit organization; 1.1.5.1.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only); 1.1.5.1.6. a foreign non-profit organization (only for 2 CFR part 170) only); 1.1.5.1.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non -Federal entity (or 2 CFR 200.1); or 1.1.5.1.8. a foreign for-profit organization (for 2 CFR part 170 only). 1.1.5.2. If the source of funding is not a Grant: 1.1.5.2.1. all of the following as defined at 2 CFR part 25, subpart C; 1.1.5.2.2. A governmental organization, which is a State, local government, or Indian Tribe; 1.1.5.3. a foreign public entity; 1.1.5.4. a domestic or foreign non-profit organization; 1.1.5.5. a domestic or foreign for-profit organization; and 1.1.5.6. a Federal agency, but only a Subrecipient under an Award or Subaward to a non - Federal entity. 1.1.6. "Executive" means an officer, managing partner or any other employee in a management position. 1.1.7. If the source of funding is a Grant, "Federal Awarding Agency" means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR 200.1. If the source of funding is not a Grant, "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the "Transparency Act. 1.1.9. "Federal Provisions" means these Federal Provisions subject to the Transparency Act and Uniform Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of higher education. Supplemental Provisions for Federal Awards Page 4 of 10 Revised July 2024 Docusign Envelope ID: 1A3B4BC4-A999-4BAE-8D4E-33F0D51AF391 1.1.1. If the source of funding is a Grant, "Grant" as used herein is the Contract to which these Federal Provisions are attached. 1.12. "Grantee" means the party or parties identified as such in the Grant to which these Federal Provisions are attached if the source of funding is a Grant. 1.13. "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. 1.1.4. "Nonprofit Organization" means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: 1.1.4.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; 1.1.4.2. Is not organized primarily for profit; and 1.1.4.3. Uses net proceeds to maintain, improve, or expand the operations of the organization. 1.1.5. "OMB" means the Executive Office of the President, Office of Management and Budget. 1.1.6. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a Subrecipient to carry out part of a Federal program. 1.1.7. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award, or, of the source of funding is a Grant it is that agency or institution identified as the Grantor in the Grant to which these Federal Provisions are attached. 1.1.8. "Subaward" means an award by a Prime Recipient to a Subrecipient funded in whole or in 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 or 2 CFR 200.38, as applicable. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. 1.1.9. "Subrecipient" or, if the source of funding is a Grant, "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 "Subrecipient" includes and may be referred to as Subgrantee. The term does not include an individual who is a beneficiary of a federal program. 1.1.10. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9 -digit Data Universal Numbering System (DUNS) number that appears in the subrecipient's System for Award Management (SAM) profile, if applicable. 1.1.11. "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. 1.1.12. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a), as applicable) and includes the following: 1.1.12.1. Salary and bonus; 1.1.12.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.1.12.3. 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; Supplemental Provisions for Federal Awards Page 5 of 10 Revised July 2024 Docusign Envelope ID: 1A3B4BC4-A999-4BAE-8D4E-33F0D51AF391 1.1.12.1. Change in present value of defined benefit and actuarial pension plans; 1.1.12.2. Above -market earnings on deferred compensation which is not tax -qualified; 1.1.12.3. 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. 1.1.13. "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. The Transparency Act may also be referred to as FFATA. 1.1.14. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which, unless the source of funding is a Grant, supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A- 102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 1.1.15. "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. COMPLIANCE. 2.1. Contractor/Grantee shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, including, but not limited to, 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 Contractor/Grantee of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING SYSTEM (DUNS) REQUIREMENTS. 3.1. SAM. Contractor/Grantee shall maintain the currency of its information in SAM until the Contractor/Grantee submits the final financial report required under the Award or receives final payment, whichever is later. Contractor/Grantee shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 3.2. DUNS. Contractor/Grantee shall provide its DUNS number to its Prime Recipient, and shall update Contractor's/Grantee's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor's/Grantee's information. 4. TOTAL COMPENSATION. 4.1. Contractor/Grantee shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1.1. The total Federal funding authorized to date under the Award is $30,000 or more if the source of funding is a Grant, or otherwise $25,000 or more if the source of funding is not a Grant; and 4.1.2. In the preceding fiscal year, Contractor/Grantee received: 4.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act if the source of funding is a Grant or otherwise $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act if the source of funding is not a Grant; and Supplemental Provisions for Federal Awards Page 6 of 10 Revised July 2024 Docusign Envelope ID: 1A3B4004-A999-4BAE-804E-33F0D51AF391 4.1.2.1. 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 5. REPORTING. 5.1. If Contractor/Grantee is a Subrecipient of the Award pursuant to the Transparency Ad, 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 Contract/Grant price. The reporting requirements in this Exhibit are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract/Grant and shall become part of Contractor's/Grantee's obligations under this Contract/Grant. 6. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING. 6.1. If the source of funding is a Grant, Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently de -obligated such that the total award amount falls below $30,000, the Award shall continue to be subject to the reporting requirements. 6.2. If the source of funding is not a Grant, Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de -obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 6.3. The procurement standards in §8 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §10 below are applicable to audits of fiscal years beginning on or after December 26, 2014. 7. SUBRECIPIENT REPORTING REQUIREMENTS. 7.1. If Contractor/Grantee is a Subrecipient, Contractor/Grantee shall report as set forth below. 7.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number (FAIN) assigned by a Federal agency to a Prime Recipient no later than the end of the month following the month in which the Subaward was made: 7.1.1.1. Subrecipient DUNS Number; 7.1.1.2. Subrecipient DUNS Number if more than one electronic funds transfer (EFT) account; 7.1.13. Subrecipient parent's organization DUNS Number; 7.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip (+ 4 if source of funding is a Grant or as otherwise directed per SAM directives for proper reporting), and Congressional District; 7.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and 7.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated Executives if the criteria in §4 above met. 7.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract/Grant, the following data elements: 7.1.2.1. Subrecipient's DUNS Number as registered in SAM. Supplemental Provisions for Federal Awards Page 7 of 10 Revised July 2024 Docusign Envelope ID: 1A3B4BC4-A999-4BAE-8O4E-33F0D51AF391 7.1.2.1. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 8. PROCUREMENT STANDARDS. 8.1. 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. 8.2. If the source of funding is a Grant: Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. 8.3. 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 Ad, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 9. ACCESS TO RECORDS. 9.1. A Subrecipient shall permit Recipient/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 200.311-200.332 (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. 10. SINGLE AUDIT REQUIREMENTS. 10.1. 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. 10.1.1. 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. 10.1.2. 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. Supplemental Provisions for Federal Awards Page 8 of 10 Revised July 2024 Docusign Envelope ID: 1A3B4BC4-A999-4BAE-8D4E-33F0D51AF391 10.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Subpart F -Audit Requirements. 11. CONTRACT/GRANT PROVISIONS FOR SUBRECEPIENT CONTRACTS. 11.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient, Contractors/Grantees that are Subrecipients shall comply with the following provisions. Subrecipients shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Contract/Grant. 11.1.1. [Applicable to federally assisted construction contracts.] Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall 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 Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. 11.1.2. [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). 11.1.3. Rights to Inventions Made Under a contract/grant or agreement. If the Federal Award meets the definition of "funding agreement"/ "funding Contract" under 37 CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into a contract 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,"/"funding Contract", 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, Contracts and Cooperative Agreements," and any implementing regulations issued by the Federal Awarding Agency. 11.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal awardee(s) 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). 11.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 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. 11.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. Supplemental Provisions for Federal Awards Page 9 of 10 Revised July 2024 Docusign Envelope ID: 1A3B4BC4-A999-4BAE-8D4E-33F0D51AF391 11.1.1. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to the regulations implementing "Never contract with the enemy" in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered contracts, grants and cooperative agreements that are expected to exceed $50,000 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. 11.1.2. 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. 12. CERTIFICATIONS. 12.1. Unless prohibited by Federal statutes or regulations, Recipient/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 not carried out, the amount of the Award must be adjusted. 13. EXEMPTIONS. 13.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 13.2. A Contractor/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. 14. EVENT OF DEFAULT AND TERMINATION. 14.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract/Grant and the State of Colorado may terminate the Contract/Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 -day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract/Grant, at law or in equity. 14.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows: 14.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal Entity fails to comply with the terms and conditions of a Federal Award; 14.2.2. 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; 14.2.3. 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; 14.2.4. 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 14.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to termination provisions included in the Federal Award. EXHIBIT END Supplemental Provisions for Federal Awards Page 10 of 10 Revised July 2024 Mariah Higgins From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Windy Luna Friday, September 22, 2023 11:58 AM CTB HS -Contract Management COMMUNICATION ITEM: American Rescue Plan Contract (ARPA) Option Letter #1 Region 2B Executed Option Letter #1 22_IHEA_171636 OL_1_(185291).pdf Follow up Flagged Good morning CTB, As a COMMUNICATIOIN ITEM: Attached please find Option Letter #1 from the Colorado Department of Human Services related to the American Rescue Plan Contract (ARPA). Initial Contact: Tyler ID# 2022-0455. Summary of Grant Award: Initial Term: $1,049,216.52. Option Letter #1: $109,413.54. Grant Total: $1,158,630.06. Please let me know if you need anything further. Thank you! Windy Luna Contract Administrative Coordinator Weld County Dept. of Human Services 315 N. 11th Ave., Bldg A PO Box A Greeley, CO 80632 (970) 400-6544 (970) 353-5212 wluna@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. CoMNtun;Cot;onS O9 /21/23 Cc : HS D, RcT(cp/cD) 09/25/23 2023-2835 ��Roog5 DocuSign Envelope ID: 173DE324-D944-46D7-9821-6C2VI8 1 1Vl\ LETTER #1 State Agency Colorado Department of Human Services Option Letter Number 1 Contractor Original Contract Number Weld County, Colorado 22 IHEA 171636 Weld County Department of Human Services Weld County Area Agency on Aging Current Contract Maximum Amount Option Letter Contract Number Initial Term (ARPA) 24 IHEA 185291 02/3/22 to 09/30/24 $1,049,216.52 Contract Performance Beginning Date Extension Terms February 3, 2022 07/01/22 - 09/30/24 $105,176.67 Current Contract Expiration Date Effective Date — 9/30/24 $4,236.87 September 30, 2024 TOTAL FOR ALL FISCAL YEARS $1,158,630.06 1. OPTIONS: A. Option to change the quantity of Services under the Contract at the rates set by the Older Americans Act. 2. REQUIRED PROVISIONS: A. In accordance with Page 1, Paragraph "Options" on the Contract's Signature and Cover Page, Page 10, Section 5(B)(v) of the Original Contract referenced above, and Section 5 of Amendment 1, the State hereby exercises its option to increase the quantity of the Services at the rates mandated by the Older Americans Act. B. The funds are increased in the amount of $4,236.87. The Contract Maximum Amount table on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Contract Maximum Amount table shown above. C. Exhibit D-2, "Budget", which is attached and incorporated by reference, replaces previous Exhibit D-1. D. Exhibit E-2, "Supplemental Provisions for Federal Awards", which is attached and incorporated by reference, replaces previous Exhibit E -l. 3. OPTION EFFECTIVE DATE: The effective date of this Option Letter is upon approval of the State Controller. STATE OF COLORADO Jared Polis, Governor Colorado Department of Human Services Michelle Barnes, Executive Director DocuSigned by: EB02B5F7541534AD By: Yolanda Webb, Office Director Office of Adult, Aging & Disability Services 9/13/2023 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 ErO•14: ivDocuSign'e/d by: ieenedOve By: Andrea EurichD' 'o°ni i"il iamson Colorado Department of Human Services 9/13/2023 Option Effective Date: Page 1 of 1 DocuSign Envelope ID: 173OE324-O944-46D7-9821-6C2B05D8B635 EXHIBIT D 2 BUDGET AMERICAN RESCUE RECOVERY PLAN ACT (ARPA) FUNDS WELD COUNTY AREA AGENCY ON AGING REGION 2B CONTRACT EFFECTIVE DATE TO SEPTEMBER 30, 2024 FUNDING PART INITIAL ALLOCATION OF ARPA FUNDS SUPPLEMENTAL ARPA FUNDS GRAND TOTAL ARPA FUNDS ARPA TITLE III - Part B $306,674.35 $1,479.68 $308,154.03 ARPA TITLE III - Part C1 $203,471.91 $815.26 $204,287.17 ARPA TITLE III - Part C2 $305,207.89 $1,159.65 $306,367.54 ARPA TITLE III - Part D $34,903.55 $0.00 $34,903.55 ARPA TITLE III - Part E $91,795.34 $358.59 $92,153.93 ARPA Federal Admin $100,794.39 $423.69 $101,218.08 ARPA TITLE VII - OMB $6,369.09 $0.00 $6,369.09 ARPA PUBLIC HEALTH $105,176.67 $0.00 $105,176.67 GRAND TOTAL $ 1,154,393.19 $ 4,236.87 $ 1,158,630.06 PAGE 1OF1 DocuSign Envelope ID: 173DE324-D944-46D7-9821-6C2B05D8B635 COLORADO at•eit Financial Services Depvtrn r -t of Hunan Services Dtvtsion of Contracts and Procurement EXHIBIT E-2 Supplemental Provisions for Federal Awards For the purposes of this Exhibit only, Contractor is also identified as "Subrecipient." This Contract 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 Supplemental Provisions for Federal Awards, the Special Provisions, the Contract or any attachments or exhibits incorporated into and made a part of the Contract, the Supplemental Provisions for Federal Awards shall control. In the event of a conflict between the Supplemental Provisions for Federal Awards and the FFATA Supplemental Provisions (if any), and/or exhibit regarding SLFRF Federal Provisions, the terms re FFATA and/or SLFRF shall control. If the source of the funding of the Contract is a grant, 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. 1) Federal Award Identification Subrecipient: Weld County, Colorado, Weld County Department of Human Services, Weld County Area Agency on Aging; ii. Subrecipient DUNS number: 075757955 and Subrecipient UEI number: MKKXT9U9MTV5 iii. The Federal Award Identification Numbers (FAIN) are: ARPA Title III Part B — Supportive Services - 2101COSSC6-00/01; ARPA Title III Part Cl — Congregate Meals - 2101 COCMC6-00/01; ARPA Title III Part C2 — Home Delivered Meals - 2101 COHDC6-00/01; ARPA Title III Part D — Preventative Health - 2101 COPHC6-00; ARPA TITLE III Part E - National Family Caregiver Support Program - 2101COFCC6-00/01; ARPA Title VII Ombudsman — Ombudsman - 2101COOMC6-00; and ARPA Public Health - 2201 COSTPH-00 iv. The Federal award date is May 3, 2021 (ARPA), January 1, 2022 (Public Health), and May 26, 2023 (Supplemental ARPA); v. The subaward period of performance start date is April 1, 2021 and end date is September 30, 2024 (ARPA & Supplemental ARPA); start date January 1, 2022 and end date September 30, 2024 (Public Health); vi. Federal Funds available from Contract Effective Date to 09/30/2024: _ _ CONTRACT OR FISCAL YEAR FUNDING PART AMOUNT OF FEDERAL FUNDS OBLIGATED BY THIS CONTRACT TOTAL AMOUNT OF FEDERAL FUNDS OBLIGATED TO THE SUBRECIPIENT TOTAL AMOUNT OF THE FEDERAL FUNDS AWARD COMMITTED TO SUBRECIPIENT BY CDHS EFFECTIVE DATE TO 09/30/2024 ARPA PART B $1,479.68 $308,154.03 $308,154.03 EFFECTIVE DATE TO 09/30/2024 ARPA PART C-]. $815.26 $204,287.17 $204,287.17 ARPA PART C-2 $1,159.65 $306,367.54 $306,367.54 EFFECTIVE DATE TO 09/30/2024 EFFECTIVE DATE TO 09/30/2024 ARPA PART D $0.00 $34,903.55 $34,903.55 EFFECTIVE DATE TO 09/30/2024 APRA PART E $358.59 $92,153.93 $92,153.93 EFFECTIVE DATE TO 09/30/2024 ARPA FEDERAL ADMIN* $423.69 $101,218.08 $101,218.08 EFFECTIVE DATE TO 09/30/2024 ARPA OMBUDSMAN $0.00 $6,369.09 $6,369.09 _ EFFECTIVE DATE TO 09/30/2024 ARPA PUBLIC HEALTH $0.00 $105,176.67 $105,176.67 eis comprised of 1O% TOTAL $4,236.87 $1,158,630.06 Federal Parts B, C-1, C-2, and E as authorized by the Older Americans $1,158,630.06 Act. Supplemental Provisions for Federal Awards Page 1 of 10 Revised December 2021 DocuSign Envelope ID: 173DE324-D944-46D7-9821-6C2B05D8B635 vii. Federal award project description: American Recovery Act Program (ARPA) Older Americans Act Title III — Grants for State and Community Programs on Aging, Older Americans Act Title VII — Title VII — Allotments for Ombudsman activities, and ARPA Expanding the Public Health Workforce within the Aging Network for States; viii. The name of the Federal awarding agency is Department of Health and Human Services, Administration for Community Living; the name of the pass -through entity is the State of Colorado, Department of Human Services (CDHS); and the contact information for the awarding official is 1- 877-614-5533; PMSSupport@psc.gov. ix. The Catalog of Federal Domestic Assistance (CFDA) number is: CONTRACT FISCAL OR YEAR PROGRAM TITLE GRANT # CFDA # EFFECTIVE DATE TO 09/30/2024 ARPA TITLE III PART B SUPPORTIVE SERVICES 2101 COSSC6-01 93.044 EFFECTIVE DATE TO 09/30/2024 ARPA TITLE III PART C1 CONGREGATE MEALS 2101COCMC6-01 93.045 EFFECTIVE DATE TO 09/30/2024 ARPA TITLE III PART C2 HOME -DELIVERED MEALS 2101COHDC6-01 93.045 EFFECTIVE DATE TO 09/30/2024 ARPA TITLE III D PREVENTIVE HEALTH 2101COPHC6-00 93.043 EFFECTIVE DATE TO 09/30/2024 ARPA TITLE III E NFCSP 2101COFCC6-01 93.052 EFFECTIVE DATE TO 09/30/2024 ARPA TITLE VII OMBUDSMAN 2101COOMC6-00 93.042 EFFECTIVE DATE TO 09/30/2024 ARPA PUBLIC HEALTH 2201COSTPH-00 93.044 x. This award is not for research & development; xi. The indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200.414 Indirect (F&A) costs) is pre -determined based upon the State of Colorado and CDHS cost allocation plan. 2) All requirements imposed by CDHS on Subrecipient so that the Federal award is used in accordance with Federal statutes, regulations, and the terms and conditions of the Federal award, are stated in Exhibit A, Statement of Work. 3) Any additional requirements that CDHS imposes on Subrecipient in order for CDHS to meet its own responsibility to the Federal awarding agency, including identification of any required financial and performance reports, are stated in Exhibit A, Statement of Work. 4) Subrecipient's approved indirect cost rate is Subrecipient does not use an indirect cost rate. Subrecipient's indirect costs are distributed based on its Indirect Cost Allocation Plan. 5) Subrecipient must permit CDHS and auditors to have access to Subrecipient's records and financial statements as necessary for CDHS to meet the requirements of 2 CFR §200.331 Requirements for pass - through entities, §§ 200.300 Statutory and National Policy Requirements through §200.309 Period of performance, and Subpart F Audit Requirements of this Part. 6) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 18 of this Exhibit and Exhibit A, Statement of Work. 7) Performance and Final Status. Subrecipient shall submit all financial, performance, and other reports to CDHS no later than 45 calendar days after the period of performance end date or sooner termination of this Contract containing an evaluation and review of Subrecipient's performance and the final status of Subrecipient's obligations hereunder. Supplemental Provisions for Federal Awards Page 2 of 10 Revised December 2021 DocuSign Envelope ID: 173DE324-D944-46D7-9821-6C2B05D8B635 1) Matching Funds If a box below is checked, the accompanying provision applies. Subrecipient is not required to provide matching funds. ii. Q Subrecipient shall provide matching funds as stated in Exhibit A, Statement of Work. Subrecipient shall have raised the full amount of matching funds prior to the Effective Date and shall report to CDHS regarding the status of such funds upon request. Subrecipient's obligation to pay all or any part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Contract by the authorized representatives of the Subrecipient and paid into the Subrecipient's treasury or bank account. Subrecipient represents to CDHS that the amount designated as matching funds has been legally appropriated for the purposes of this Contract by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by this Contract irrevocably pledge present cash reserves for payments in future fiscal years, and this Contract is not intended to create a multiple -fiscal year debt of the Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Subrecipient's laws or policies. 1. DEFINITIONS. 1.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below. 1.1.1. "Award" means an award of Federal financial assistance, and the Contract setting forth the terms and conditions of that financial assistance, that a non -Federal Entity receives or administers. 1.1.1.1.1. Awards may be in the form of: 1.1.1.1.2. Grants; 1.1.1.1.3. Contracts; 1.1.1.1.4. Cooperative Contracts, which do not include cooperative research and development Contracts (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 1.1.1.1.5. Loans; 1.1.1.1.6. Loan Guarantees; 1.1.1.1.7. Subsidies; 1.1.1.1.8. Insurance; 1.1.1.1.9. Food commodities; 1.1.1.1.10. Direct appropriations; 1.1.1.1.11. Assessed and voluntary contributions; and 1.1.1.1.12. Other financial assistance transactions that authorize the expenditure of Federal funds by non -Federal Entities. 1.1.1.1.13. Any other items specified by OMB in policy memoranda available at the OMB website or other source posted by the OMB. 1.1.1.2. 1.1.1.2.1. Award does not include: Technical assistance, which provides services in lieu of money; 1.1.1.2.2. A transfer of title to Federally -owned property provided in lieu of money; even if the award is called a grant; 1.1.1.2.3. Any award classified for security purposes; or 1.1.1.2.4. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5). Supplemental Provisions for Federal Awards Page 3 of 10 Revised December 2021 DocuSign Envelope ID: 173DE324-D944-46D7-9821-6C2B05D8B635 1.1.1. "Contract" means the Contract to which these Federal Provisions are attached and includes all Award types in § of this Exhibit. 1.1.2. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.13. "Data Universal Numbering System (DUNS) Number" means the nine -digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website may be found at: http://fedgov.dnb.com/webform. 1.1.4. "Entity" means: 1.1.4.1. If the source of funding is a Grant: 1.1.4.1.1. a Non -Federal Entity; 1.1.4.1.2. a foreign public entity; 1.1.4.1.3. a foreign organization; 1.1.4.1.4. a non-profit organization; 1.1.4.1.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only); 1.1.4.1.6. a foreign non-profit organization (only for 2 CFR part 170) only); 1.1.4.1.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non -Federal entity (or 2 CFR 200.1); or 1.1.4.1.8. a foreign for-profit organization (for 2 CFR part 170 only). 1.1.4.2. If the source of funding is not a Grant: 1.1.4.2.1. all of the following as defined at 2 CFR part 25, subpart C; 1.1.4.2.2. A governmental organization, which is a State, local government, or Indian Tribe; 1.1.4.3. a foreign public entity; 1.1.4.4. a domestic or foreign non-profit organization; 1.1.4.5. a domestic or foreign for-profit organization; and 1.1.4.6. a Federal agency, but only a Subrecipient under an Award or Subaward to a non - Federal entity. 1.1.5. "Executive" means an officer, managing partner or any other employee in a management position. 1.1.6. If the source of funding is a Grant, "Federal Awarding Agency" means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR 200.1. If the source of funding is not a Grant, "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.1.7. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the "Transparency Act" 1.1.8. "Federal Provisions" means these Federal Provisions subject to the Transparency Act and Uniform Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of higher education. 1.1.9. If the source of funding is a Grant, "Grant" as used herein is the Contract to which these Federal Provisions are attached. 1.1.10. "Grantee" means the party or parties identified as such in the Grant to which these Federal Provisions are attached if the source of funding is a Grant. Supplemental Provisions for Federal Awards Page 4 of 10 Revised December 2021 DocuSign Envelope ID: 173DE324-D944-46D7-9821-6C2B05D8B635 1.1.1. "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. 1.1.2. "Nonprofit Organization" means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: 1.1.2.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; 1.1.2.2. Is not organized primarily for profit; and 1.1.2.3. Uses net proceeds to maintain, improve, or expand the operations of the organization. 1.13. "OMB" means the Executive Office of the President, Office of Management and Budget. 1.1.4. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a Subrecipient to carry out part of a Federal program. 1.1.5. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award, or, of the source of funding is a Grant it is that agency or institution identified as the Grantor in the Grant to which these Federal Provisions are attached. 1.1.6. "Subaward" means an award by a Prime Recipient to a Subrecipient funded in whole or in 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 or 2 CFR 200.38, as applicable. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. 1.1.7. "Subrecipient" or, if the source of funding is a Grant, "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 "Subrecipient" includes and may be referred to as Subgrantee. The term does not include an individual who is a beneficiary of a federal program. 1.1.8. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9 -digit Data Universal Numbering System (DUNS) number that appears in the subrecipient's System for Award Management (SAM) profile, if applicable. 1.1.9. "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. 1.1.10. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a), as applicable) and includes the following: 1.1.10.1. Salary and bonus; 1.1.10.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.1.10.3. 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; 1.1.10.4. Change in present value of defined benefit and actuarial pension plans; 1.1.10.5. Above -market earnings on deferred compensation which is not tax -qualified; 1.1.10.6. 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. Supplemental Provisions for Federal Awards Page 5 of 10 Revised December 2021 DocuSign Envelope ID: 173DE324-D944-46D7-9821-6C2B05D8B635 1.1.1. "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. The Transparency Act may also be referred to as FFATA. 1.1.2. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which, unless the source of funding is a Grant, supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A- 102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 1.1.3. "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. COMPLIANCE. 2.1. Contractor/Grantee shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, including, but not limited to, 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 Contractor/Grantee of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING SYSTEM (DUNS) REQUIREMENTS. 3.1. SAM. Contractor/Grantee shall maintain the currency of its information in SAM until the Contractor/Grantee submits the final financial report required under the Award or receives final payment, whichever is later. Contractor/Grantee shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 3.2. DUNS. Contractor/Grantee shall provide its DUNS number to its Prime Recipient, and shall update Contractor's/Grantee's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor's/Grantee's information. 4. TOTAL COMPENSATION. 4.1. Contractor/Grantee shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1.1. The total Federal funding authorized to date under the Award is $30,000 or more if the source of funding is a Grant, or otherwise $25,000 or more if the source of funding is not a Grant; and 4.1.2. In the preceding fiscal year, Contractor/Grantee received: 4.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act if the source of funding is a Grant or otherwise $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act if the source of funding is not a Grant; and 4.1.2.3. 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 Supplemental Provisions for Federal Awards Page 6 of 10 Revised December 2021 DocuSign Envelope ID: 173DE324-D944-46D7-9821-6C2B05D8B635 1. REPORTING. 1.1. If Contractor/Grantee 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 Contract/Grant price. The reporting requirements in this Exhibit are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract/Grant and shall become part of Contractor's/Grantee's obligations under this Contract/Grant. 2. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING. 2.1. If the source of funding is a Grant, Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently de -obligated such that the total award amount falls below $30,000, the Award shall continue to be subject to the reporting requirements. 2.2. If the source of funding is not a Grant, Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de -obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 2.3. The procurement standards in §8 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §10 below are applicable to audits of fiscal years beginning on or after December 26, 2014. 3. SUBRECIPIENT REPORTING REQUIREMENTS. 3.1. If Contractor/Grantee is a Subrecipient, Contractor/Grantee shall report as set forth below. 3.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number (FAIN) assigned by a Federal agency to a Prime Recipient no later than the end of the month following the month in which the Subaward was made: 3.1.1.1. Subrecipient DUNS Number; 3.1.1.2. Subrecipient DUNS Number if more than one electronic funds transfer (EFT) account; 3.1.1.3. Subrecipient parent's organization DUNS Number; 3.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip (+ 4 if source of funding is a Grant or as otherwise directed per SAM directives for proper reporting), and Congressional District; 3.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and 3.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated Executives if the criteria in §4 above met. 3.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract/Grant, the following data elements: 3.1.2.1. Subrecipient's DUNS Number as registered in SAM. 3.1.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. Supplemental Provisions for Federal Awards Page 7 of 10 Revised December 2021 DocuSign Envelope ID: 173DE324-D944-46D7-9821-6C2B05D8B635 1. PROCUREMENT STANDARDS. 1.1. 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 200327 thereof. 1.2. If the source of funding is a Grant: Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. 13. 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. 2. ACCESS TO RECORDS. 2.1. A Subrecipient shall permit Recipient/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 200.311-200.332 (Requirements for pass -through entities), 2 CFR 200300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart F -Audit Requirements of the Uniform Guidance. 3. SINGLE AUDIT REQUIREMENTS. 3.1. 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. 3.1.1. 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. 3.1.2. 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. 3.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Subpart F -Audit Requirements. Supplemental Provisions for Federal Awards Page 8 of 10 Revised December 2021 DocuSign Envelope ID: 173DE324-D944-46D7-9821-6C2B05D8B635 1. CONTRACT/GRANT PROVISIONS FOR SUBRECEPIENT CONTRACTS. 1.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient, Contractors/Grantees that are Subrecipients shall comply with the following provisions. Subrecipients shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Contract/Grant. 1.1.1. [Applicable to federally assisted construction contracts.] Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall 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 Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. 1.1.2. [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). 1.1.3. Rights to Inventions Made Under a contract/grant or agreement. If the Federal Award meets the definition of "funding agreement"! "funding Contract" under 37 CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into a contract 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,"/"funding Contract", 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, Contracts and Cooperative Agreements," and any implementing regulations issued by the Federal Awarding Agency. 1.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal awardee(s) 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). 1.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 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. 1.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 1.1.7. 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 contracts, 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. Supplemental Provisions for Federal Awards Page 9 of 10 Revised December 2021 DocuSign Envelope ID: 173OE324-D944-46D7-9821-6C2B05D8B635 1.1.1. 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. 2. CERTIFICATIONS. 2.1. Unless prohibited by Federal statutes or regulations, Recipient/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 may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. 3. EXEMPTIONS. 3.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 3.2. A Contractor/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. 4. EVENT OF DEFAULT AND TERMINATION. 4.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract/Grant and the State of Colorado may terminate the Contract/Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 -day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract/Grant, at law or in equity. 4.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows: 4.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal Entity fails to comply with the terms and conditions of a Federal Award; 4.2.2. 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; 4.23. 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; 4.2.4. 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 4.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to termination provisions included in the Federal Award. EXHIBIT END Supplemental Provisions for Federal Awards Page 10 of 10 Revised December 2021 Hello