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Home My WebLink About20211608.tiffMariah Higgins From: Sent: To: Cc: Subject Attachments: Good morning CTB, Sara Adams Thursday, November 14, 2024 10:15 AM CTB HS -Contract Management COMMUNICATION ITEM: Option Letter #7 AAA Contract (Tyler ID# 2020-2588) Complete_with_Docusign_21JHEA_160180 - Option Letter #7.pdf Attached please find the Option Letter #7 for the Area Agency on Aging Senior Services Contract under the Older American Act. This is related to the original contract referenced as 2020-2588. 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. CoMMur-;Co.'l-;onS cc: HSD, ACT (cp/cD) 11/2.O/24 iVISf/24 2021-16 O I-1Roog3 Docusign Envelope ID: 37C902A6-4763-4093-BEF4-37D5DD959277 LETTER #7 State Agency Colorado Department of Human Services Option Letter Number 7 Contractor Original Contract Number Weld County, Colorado 21 IHEA 160180 Weld County Department of Human Services Weld County Area Agency on Aging Current Contract Maximum Amount Option Letter Contract Number Initial Term 25 IHEA 193561 09/01/20 to 06/30/21 $1,896,223.70 Contract Performance Beginning Date Extension Terms September 1, 2020 State Fiscal Year 2022 $3,274,101.54 Current Contract Expiration Date State Fiscal Year 2023 $3,091,570.41 June 30, 2025 State Fiscal Year 2024 $2,800,727.15 State Fiscal Year 2025 $2,660,322.06 GRAND TOTAL $13,722,944.86 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 9, Section 5(B)(v) of the Original Contract referenced above, and Page 2, Section 5(E) of Amendment 1, the State hereby exercises its option to increase the quantity of the Services for State Fiscal Year (SFY) 2025 at the rates mandated by the Older Americans Act. B. The SFY 2025 funds are increased in the amount of $59,074.06, thereby raising the SFY 2025 funds from $2,601,248.00 to $2,660,322.06. 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-9, "Budget", which is attached and incorporated by reference, replaces previous Exhibit D-8. D. Exhibit E-9, "Supplemental Provisions for Federal Awards," which is attached and incorporated by reference, replaces previous Exhibit E-8. 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 ,-Signed by: ittitAAAA CaStiah 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 EDocuSigned by: ? By: Minna CastiirolliSWEIrcutive Director Community Partnerships Office of Adult, Aging & Disability Services 11/8/2024 Date: By: Telly Belton / ToinciiiiMoierAmanda Rios Colorado Department of Human Services 11/11/2024 Option Effective Date: Page 1 of 1 Docusign Envelope ID 37C902A6-4763-4B93-BEF4-37D5DD959277 EXHIBIT D 9 Contract Budget SFY 2025 TITLE III & TITLE VII & STATE FUNDING FOR SENIOR SERVICES WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF HUMAN SERVICES WELD COUNTY AREA AGENCY ON AGING REGION 2B JULY 1, 2024 TO JUNE 30, 2025 FUNDING PART I SFY 21 STATE AND FEDERAL FUNDS CONTRACT SFY 22 INITIAL STATE AND FEDERAL FUNDS AMENDMENT #1 SFY 22 CARRYOVER FROM SFY 21 INCREASE OR DECREASE OPTION LETTER #1 TOTAL SFY 22 STATE AND FEDERAL FUNDS SFY 23 STATE AND FEDERAL FUNDS AMENDMENT #2 TOTAL SFY 23 FUNDING INCREASE SFY 24 OPTION SFY 24 OPTION SFY 25 OPTION SFY 25 OPTION GRAND TOTAL SFY 21, SFY 22, SFY 23, SFY 24, & SFY 25 LETTER #4 LETTER #5 LETTER #6 LETTER #7 OPTION LETTER #2 OPTION LETTER #3 TITLE III - Part B $259,998.00 $274,264.00 $88,330.52 $362,594.52 $279,717.00 $27,426.00 $290,539.00 $31,926.73 $305,049.00 $0.00 $1,557,250.25 TITLE III - Part Cl $345,798.00 $365,594.00 $311,199.22 $676,793.22 $367,176.00 $59,762.59 $388,073.00 $0.00 $424,238.00 $557.29 $2,262,398.10 TITLE III - Part C2 $180,597.00 $201,804.00 $62,044.60 $263,848.60 $213,116.00 S155,003.42 $269,126.00 $0.00 $273,649.00 $0.00 $1,355,340.02 TITLE III - Part D $18,386.00 $20,227.00 $3,971.51 $24,198.51 $20,096.00 $24,128.54 $21,401.00 $4,000.51 $20,922.00 $1,879.68 $135,012.24 TITLE III - Part E $109,874.00 $121,555.00 $95,533.96 $217,088.96 $125,905.00 $24,705.52 $129,544.00 $0.00 $127,680.00 $712.02 $735,509.50 State E Match $7,333.00 $7,403.00 $0.00 $7,403.00 $7,544.00 $0.00 $7,575.00 $0.00 $7,416.00 $0.00 $37,271.00 Federal Admin $95,231.00 $100,103.00 $185,671.81 $285,774.81 $104,240.00 $199,683.29 $113,312.00 $174,096.48 $118,884.00 $43,610.84 $1,134,832.42 TITLE VII - EA $2,174.00 $1,928.00 $3,962.30 $5,890.30 $2,000.00 $5,890.30 $2,016.00 $0.00 $1,890.00 $0.00 $19,860.60 TITLE VII - OMB $8,548.00 $10,368.00 $13,211.62 $23,579.62 $11,316.00 $22,528.53 $12,456.00 $0.00 $11,274.00 $0.00 $89,702.15 State Services $587,124.70 $1,125,520.00 $0.00 $1,125,520.00 $1,132,588.00 $21,217.70 $1,156,465.00 $16,535.19 $1,179,221.00 $11,082.81 $5,229,754.40 State Admin $126,284.00 $125,058.00 $0.00 $125,058.00 $125,843.00 $2,357.52 $128,496.00 $1,837.24 $131,025.00 $1,231.42 $642,132.18 State Homestead $154,876.00 $140,717.00 $0.00 $140,717.00 $143,393.00 $0.00 $47,995.00 $0.00 $0.00 $0.00 $486,981.00 State Homestead Admin $0.00 $15,635.00 50.00 $15,635.00 $15,933.00 $0.00 $5,333.00 $0.00 $0.00 50.00 f $36,901.00 GRAND TOTAL_ $1,896,223.70 $2,510,176.00 $763,925.54 $3,274,101.54 $2,548,867.00 $542,703.41 $2,572,331.00 $228,396.15 $2,601,248.00 $59,074.06 $13,722,944.86 PAGE 1OF1 Docusign Envelope ID: 37C902A6-4763-4B93-BEF4-37D5DD959277 COLORADO a Financial Services Department d Human Services Division of Contracts and Procurement EXHIBIT E-9 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. I) 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 UEI number: MKKXT9U9MTV5 iii. The Federal Award Identification Numbers (FAIN) are: Title III Part B — Supportive Services 2401COOASS; Title III Part Cl — Congregate Meals - 2401COOACM; Title III Part C2 — Home Delivered Meals - 2401COOAHD; Title III Part D — Preventative Health - 2401COOAPH; TITLE III Part E - National Family Caregiver Support Program - 2401 COOAFC; Title VII EA — Elder Abuse - 2401COOAEA; and Title VII Ombudsman — Ombudsman - 2401COOAOM iv. The Federal award date is May 29, 2024; v. The subaward period of performance start date is 10/01/2023 and end date is 09/30/2025; vi. Federal Funds: CONTRACT OR FISCAL YEAR FUNDING PART OBLIGATED FEDERAL AMOUNT CONTRACT OF FUNDS BY THIS TOTAL OBLIGATED FEDERAL SUBRECIPIENT AMOUNT FUNDS TO OF THE TOTAL THE FUNDS COMM SUBRECIPIENT AMOUNT FEDERAL CDHS AWARD ITED OF TO BY 07/01/2024 TO FEDERAL PART B $0.00 $1,557,250.25 $1,557,250.25 06/30/2025 07/01/2024 TO FEDERAL PART C-1 $557.29 $2,262,398.10 $2,262,398.10 06/30/2025 07/01/2024 TO FEDERAL PART C-2 $0.00 $1,355,340.02 $1,355,340.02 06/30/2025 07/01/2024 TO FEDERAL PART D $1,879.68 $135,012.24 $135,012.24 06/30/2025 07/01/2024 TO FEDERAL PART E $712.02 $735,509.50 $735,509.50 06/30/2025 07/01/2024 TO FEDERAL ADMIN * $43,610.84 $1,134,832.42 $1,134,832.42 06/30/2025 07/01/2024 TO 06/30/2025 FED ELDER ABUSE PREY. $0.00 $19,860.60 $19,860.60 07/01/2024 TO FEDERAL OMBUDSMAN $0.00 $89,702.15 $89,702.15 06/30/2025 TOTAL $46,759.83 $7,289,905.28 $7,289,905.28 *Is corn • rised of 10% Federal Parts B, C-1, C-2, and E as authorized by the Older Americans Act. Supplemental Provisions for Federal Awards Page 1 of 10 Revised July 2024 Docusign Envelope ID: 37C902A6-4763-4B93-BEF4-37D5DD959277 111. Federal award project description: Older Americans Act Title III — Grants for State and Community Programs on Aging and Older Americans Act Title VII — Allotments for Vulnerable Elder Rights Protection Activities. iv. 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 Percy Devine, 303.844.7815; v. The Catalog of Federal Domestic Assistance (CFDA) numbers are: CONTRACT FISCAL OR YEAR PROGRAM TITLE GRANT # CFDA # 07/01/2024 06/30/2025 TO TITLE III B SUPPORTIVE SERVICES 2401COOASS 93.044 . 07/01/2024 06/30/2025 TO TITLE III C1 CONGREGATE MEALS 2401 COOACM 93.045 07/01/2024 06/30/2025 TO TITLE III C2 HOME -DELIVERED MEALS 2401COOAHD 93.045 07/01/2024 06/30/2025 TO TITLE III D PREVENTIVE HEALTH 2401 COOAPH 93.043 07/01/2024 TO 06/30/2025 TITLE III E NFCSP 2401COOAFC 93.052 07/01/2024 06/30/2025 TO TITLE VII ELDER ABUSE PREVENTION 2401COOAEA 93.041 07/01/2024 06/30/2025 TO TITLE VII OMBUDSMAN 241COOAOM 93.042 vi. This award is not for research & development; vii. 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. 14) 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. 15) 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 N/A. 16) 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. 17) 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. 18) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 16 of this Exhibit and Exhibit A. 19) 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: 37C902A6-4763-4B93-BEF4-37D5DD959277 8) Matching Funds If a box below is checked, the accompanying provision applies. i. ❑ Subrecipient is not required to provide matching funds. ii. IJ1 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; 1.1.1.23. Any award classified for security purposes; or Supplemental Provisions for Federal Awards Page 3 of 10 Revised July 2024 Docusign Envelope ID: 37C902A6-4763-4B93-BEF4-37D5OO959277 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). 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. "Unique Entity ID number" or "UEI" is the Unique Entity ID number established by the federal government in the Unique Entity ID System to uniquely identify a business entity. For more, see: www.sam.gov. 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; 1.1.5.13. 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. 1.1.10. If the source of funding is a Grant, "Grant" as used herein is the Contract to which these Federal Provisions are attached. Supplemental Provisions for Federal Awards Page 4 of 10 Revised July 2024 Docusign Envelope ID: 37C902A6-4763-4B93-BEF4-37D5DD959277 1.1.11. "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. Grantee also means Subrecipient. 1.1.12. "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. 1.1.13. "Nonprofit Organization" means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: 1.1.13.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; 1.1.13.2. Is not organized primarily for profit; and 1.1.13.3. Uses net proceeds to maintain, improve, or expand the operations of the organization. 1.1.14. "OMB" means the Executive Office of the President, Office of Management and Budget. 1.1.15. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a Subrecipient to carry out part of a Federal program. 1.1.16. "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. 1.1.17. "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. 1.1.18. "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. 1.1.19. "Subrecipient Parent UEI Number" means the subrecipient parent organization's 12 -digit Unique Entity ID System (UEI) number that appears in the subrecipient's System for Award Management (SAM) profile, if applicable. 1.1.20. "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. 1.1.21. "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: 1.1.21.1. Salary and bonus; 1.1.21.2. 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; 1.1.21.3. 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; 1.1.21.4. Change in present value of defined benefit and actuarial pension plans; 1.1.21.5. Above -market earnings on deferred compensation which is not tax -qualified; Supplemental Provisions for Federal Awards Page 5 of 10 Revised July 2024 Docusign Envelope ID: 37C902A6-4763-4B93-BEF4-37D5DD959277 1.1.21.6. 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. 1.1.22. "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. 1.1.23. "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. 1.1.24. "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 UNIQUE ENTITY ID SYSTEM (UEI) 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. UEI. Contractor/Grantee shall provide its UEI number to its Prime Recipient, and shall update Contractor's/Grantee's information in www.sam.gov 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: 37C902A6-4763-4B93-BEF4-37D5DD959277 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. 5. REPORTING. 5.1. 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. 6. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING. 6.1. If the source of funding is a Grant, Reporting requirements in §7 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 §7 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 §11 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 UEI Number; 7.1.1.2. Subrecipient UEI Number if more than one electronic funds transfer (EFT) account; 7.1.1.3. Subrecipient parent's organization UEI 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 UEI Number as registered in SAM. 7.1.2.2. 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 July 2024 Docusign Envelope ID: 37C902A6-4763-4B93-BEF4-37D5DD959277 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 200318 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 Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 9. 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 200311-200.332 (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. 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 SUBRECIPIENT CONTRACTS. Supplemental Provisions for Federal Awards Page 8 of 10 Revised July 2024 Docusign Envelope ID: 37C902A6-4763-4893-BEF4-37D5DD959277 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. 11.1.7. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to the regulations implementing "Never oontract 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. 11.1.8. 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. Supplemental Provisions for Federal Awards Page 9 of 10 Revised July 2024 Docusign Envelope ID: 37C902A6-4763-4893-BEF4-37D5DD959277 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; 14.23. 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; 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. 15. Additional Terms re Payments to Grantee to Supplement Main Terms in Contract 15.1.Federal Recovery: The closeout 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. 15.2. Close -Out: Grantee shall close out this Award within 45 days after the Fund Expenditure End Date shown on the Signature and Cover Page for this Agreement. To complete closeout, Grantee shall submit to the State all deliverables (including documentation) as defined in this Agreement and Grantee's final reimbursement request 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 Awarding Agency has not closed this Federal Award within one year and 90 days after the Fund Expenditure End Date shown on the Signature and Cover Page for this Agreement due to Grantee's failure to submit required documentation, then Grantee may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted 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: Good afternoon CTB, Sara Adams Tuesday, July 2, 2024 2:10 PM CTB HS -Contract Management; HS -CM Agreements; Kelly Morrison COMMUNICATION ITEM: Option Letter #6 OAA Contract (Tyler ID# 2020-2588) Region 2B Executed Option Letter #6 21_IHEA_160180_OL_6_(189304).pdf Follow up Flagged Attached please find Option Letter #6 for the Older American Act Region 2B State Funding for Senior Services, known to the Board as Tyler# 2020-2588. 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 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. COMIHu/V. co,{ ;onS O7/20(1.2Y 1 cc: I-1SD, Ac'r(cP/cb) 07/22/.24 2o21-I6og K Roo ° 3 DocuSign Envelope ID: 2C2A031D-F928-491A-8E75-A9CVi81 1V1\ LETTER #6 State Agency Colorado Department of Human Services Option Letter Number 6 Contractor Weld County, Colorado Weld County Department of Human Services Weld County Area Agency on Aging Original Contract Number 21 IHEA 160180 Current Contract Maximum Amount Initial Term 09/01/20 to 06/30/21 $1,896,223.70 Extension Terms State Fiscal Year 2022 $3,274,101.54 State Fiscal Year 2023 $3,091,570.41 State Fiscal Year 2024 $2,800,727.15 State Fiscal Year 2025 $2,601,248.00 GRAND TOTAL $13,663,870.80 Option Letter Contract Number 25 IHEA 189304 Contract Performance Beginning Date September 1, 2020 Current Contract Expiration Date June 30, 2025 1. OPTIONS: A. Option to extend for an Extension Term. B. 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 Original Contract's Signature and Cover Page, and Page 4, Section 2(C) of the Original Contract referenced above, the State hereby exercises its option for an additional term, beginning July 1, 2024, and ending on the current contract expiration date shown above, at the rates stated in the Original Contract, as amended. B. In accordance with Page 1, Paragraph "Options" on the Contract's Signature and Cover Page, Page 9, Section 5(B)(v) of the Original Contract referenced above, and Page 2, Section 5(E) of Amendment 1, the State hereby exercises its option to increase the quantity of the Services for State Fiscal Year (SFY) 2025 at the rates mandated by the Older Americans Act. C. The SFY 2025 funds are increased in the amount of $2,601,248.00. 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. D. Exhibit D-8, "Budget", which is attached and incorporated by reference, replaces previous Exhibit D-7. E. Exhibit E-8, "Supplemental Provisions for Federal Awards," which is attached and incorporated by reference, replaces previous Exhibit E-7. 3. OPTION EFFECTIVE DATE: The effective date of this Option Letter is upon approval of the State Controller or July 1, 2024, whichever is later. STATE OF COLORADO Jared Polis, Governor Colorado Department of Human Services Michelle Barnes, Executive Director Docu Signed by: By: Yolanda We fib, (itliccbirector Office of Adult, Aging & Disability Services Date: 6/25/2024 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 LL7�Docu5{gnad bb``y:: Io- We Ff4dru-st, D2A2 DE1W10C l IC By: Telly Belton / Toni Williamson / Amanda Rios Colorado Department of Human Services Option Effective Date: 6/25/2024 Page 1 of 1 Do.Sign Envelope ID 2O20031O-F92a<91 A-9E7SA9CF8O96155O EXHIBIT D-8 Contract Budget SFY 2025 TITLE III & TITLE VII & STATE FUNDING FOR SENIOR SERVICES WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF HUMAN SERVICES WELD COUNTY AREA AGENCY ON AGING REGION 2B JULY 1, 2024 TO JUNE 30, 2025 FUNDING PART SFY 21 STATE AND FEDERAL FUNDS CONTRACT SFY 22 INITIAL STATE AND FEDERAL FUNDS AMENDMENT 81 SFY 22 CARRYOVER FROM SFY 21 INCREASE OR DECREASE OPTION LETTER 81 TOTAL SFY 22 STATE AND FEDERAL FUNDS OPTION LETTER 02 SFY 23 STATE AND FEDERAL FUNDS AMENDMENT 02 TOTAL SFY 23 FUNDING INCREASE OPTION LETTER 83 SFY 24 OPTION LETTER 84 SFY 24 OPTION LETTER 85 SFY 25 OPTION LETTER 46 GRAND TOTAL SFY 21, SFY 22, SFY 23, SFY 24, S SFY25 113 LE III Part B $259,99800 5274,26400 5461106' $31,2,59451 5219,11160 527,42600 5290,539001 531,92621 5305,04900 $1,55/,250 25 1 RLE III - Part Cl $345,79600 5365.594 n0 $a 11.1'.('1.21 5676 793 27 $367,176 0(1 $59,762 5$ 53!18.0/] 00 $000 5374,7.15.00 $2.261 840.81 lilli ill Airl 52 $180,597 00 5201,804 00 $62,044 60 $763.046.450 5711.116.00 $155,003 42 5269,12600 $000 5216,6.11 CO $1,355,340 02 I ITLE III - Part 0 518,386 00 $20,227 00 $3,971 51 524.198 51 $20,096 00 $24,128 54 $21,401 00 $4,000 51 520.922 0(1 $133,132 Si, Tl L Ili. Earl I 5109,87400 $121,555.00 $95,53396 $11:,06646 5176.90'5.0? $24,70552 $129,544 00 $000 $771.690 (S1 $734,797.4€ 11,5.11.1.1$11 $7,33300 57,40300 $000 51105.10 5/,644.00 $000 $7,57500 $000 11-41800 $37,271015 10rim ,11.54,nn, 595 231 00 $100.10300 $185 671 81 $,:81.71481 $1O1.24000 5199.683 29 $113,312001 5174.09648 5118,88400 $1,091,221 56. (ITLE VII EA `,7,11.1 CO! $1,928 00 $3,962 30 $5,89030 51.00000 55,89030 57416 D01 $000 51,89000 $11,27400 $19,86060 $89,70215 (ITLE VII - OMB 5654i1.C1(1 $10,368 00 $13,211 62 523,57962 511.11600• $22,52853 5116156.00 5000 Slate Services 558/ 124 /0 $1,125,52000 5000 51,125,52000 51.132.5:1800 $21,217 70 51. L66.46500 $16,53519 51,179,22100 $5,218,671 59 State /Violin $126 284 00 $125,058 00 $000 5125,05800 5125,x11011 $2,357 52 5128,49600 $1,83724 $131,025 00 $640,9007fi State Homestead 5164,61600 5140,717 00 So no $140.717 00 5141,.199(10 $0 00 051.595.00 $000 $000 5486981 Of 51ale•5Cr,oio:AA;n..', S000 515.635.00 50.65!1 51.'•.1.!51 j0 51593300 $000 55.133 L0 5000 50.00 536,101.ur 52,6011248.00W $13.663,870-80 GRAND TOTAL S1,896,221.70 52 510 176.00 $763,925.54 $3,274,101.54 52,546,067.00 5542.703.41 52,572,331-00 5228,396.15 PAGE 1 OF 1 DocuSign Envelope ID: 2C2A031 D-F928-491A-8E75-A9CF8D98155D COLORADO Finenclel 5ervicea Depunnera of Human Service, Division of Contracts and Procurement EXHIBIT E-8 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 Unique Entity ID number: MKKXT9U9MTV5; iii. The Federal Award Identification Numbers (FAIN) are: Title III Part B — Supportive Services - 2401COOASS; Title III Part Cl — Congregate Meals - 2401 COOACM; Title III Part C2 — Home Delivered Meals - 2401 COOAHD; Title III Part D — Preventative Health - 2401 COOAPH; TITLE III Part E - National Family Caregiver Support Program - 2401 COOAFC; Title VII EA — Elder Abuse - 2401 COOAEA; and Title VII Ombudsman — Ombudsman - 2401COOAOM iv. The Federal award date is May 29, 2024; v. The subaward period of performance start date is 10/01/2023 and end date is 09/30/2025; vi. Federal Funds: •CONTRACT OR FISCAL YEAR 07/0112024 TO 06/30/2025 07/01/2024 TO 06/30/2025 07/01/2024 TO 06/30/2025 07/01/2024 TO 06/30/2025 FUNDING PART FEDERAL PART B FEDERAL PART C-1 FEDERAL PART C-2 FEDERAL PART D 07/01/2024 TO 06/30/2025 07/01/2024 TO 06/30/2025 07/01/2024 TO 06/30/2025 07/01/2024 TO 06/30/2025 TOTAL $1;283,586,00 $7,243,145.45 is comprised of 10% Federal Parts B, C-1, C-2, and .E as authorized by -the Older Americans Act. FEDERAL PART E FEDERAL ADMIN " FED ELDER ABUSE PREY. FEDERAL OMBUDSMAN AMOUNT OF FEDERAL FUNDS OBLIGATED BY THIS CONTRACT $305,049.00 $424,238.00 $273,649.00 $20,922.00 $127,680.00 $118,884.00 $1,890.00 $11,274.00 TOTAL AMOUNT OF FEDERAL FUNDS OBLIGATED TO THE SUBRECIPIENT TOTAL AMOUNT OF THE FEDERAL FUNDS AWARD COMMITED TO SUBRECIPIENT BY CDHS $1,557,250.25 $1,557,250.25 $2,261,840.81 $1,355,340.02' $133,132.561 $734,797.481 $1,091,221.58 $19,860.60 $89,702.15' Supplemental Provisions for Federal Awards Page 1 of 11 $2,261,840.81 $1,355,340.02 $133,132.56 $734,797.48 $1,091,221.58 $19,860.60 $89,702.15 $7,243,145.45 Revised December 2021 DocuSign Envelope ID: 2C2A031D-F928-491A-8E75-A9CF8D98155D vii. Federal award project description: Older Americans Act Title III — Grants for State and Community Programs on Aging and Older Americans Act Title VII — Allotments for Ombudsman and Vulnerable Elder Rights Protection Activities; 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 Percy Devine, 303.844.7815; ix. The Catalog of Federal Domestic Assistance (CFDA) numbers are: 07/01/2024 TO 06/30/2025 07/01/2024 TO 06/30/2025 07/01/2024 TO 06/30/2025 07/01/2024 TO 06/30/2025 07/01/2024 TO 06/30/2025 07/01/2024 TO 06/30/2025 07/01/2024 TO 06/30/2025 PROGRAM TITLE TITLE III B SUPPORTIVE SERVICES TITLE III C1 CONGREGATE MEALS TITLE III C2 HOME -DELIVERED MEALS TITLE III D PREVENTIVE HEALTH TITLE III E NFCSP TITLE VII ELDER ABUSE PREVENTION TITLE VII OMBUDSMAN 2401 COOASS 2401COOACM 2401 COOAHD 2401 COOAPH 2401 COOAFC 2401 COOAEA 241 COOAOM 93.044 93.045 93.045 93.043 93.052 93.041 93.042 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. 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 N/A. 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 16 of this Exhibit and Exhibit A. 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 11 Revised December 2O21 Docusign Envelope ID: 2C2A031 D -F928-491 A-8E75-A9CF8D98155D 8) Matching Funds If a box below is checked, the accompanying provision applies. i. 0 Subrecipient is not required to provide matching funds. ii. X Subrecipient shall provide matching funds as stated in Exhibit A. 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. 9. DEFINITIONS. 9.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below. 9.1.1. "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. 9.1.1.1.1. Awards may be in the form of: 9.1.1.1.2. Grants; 9.1.1.1.3. Contracts; 9.1.1.1.4. 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); 9.1.1.1.5. Loans; 9.1.1.1.6. Loan Guarantees; 9.1.1.1.7. Subsidies; 9.1.1.1.8. Insurance; 9.1.1.1.9. Food commodities; 9.1.1.1.10. Direct appropriations; 9.1.1.1.11. Assessed and voluntary contributions; and 9.1.1.1.12. Other financial assistance transactions that authorize the expenditure of Federal funds by non -Federal Entities. 9.1.1.1.13. Any other items specified by OMB in policy memoranda available at the OMB website or other source posted by the OMB. 9.1.1.2. 9.1.1.2.1. Award does not include: Technical assistance, which provides services in lieu of money; 9.1.1.2.2. 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 11 Revised December 2021 DocuSign Envelope ID: 2C2A031D-F928-491A-8E75-A9CF8D98155D 9.1.1.2.3. Any award classified for security purposes; or 9.1.1.2.4. 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). 9.1.2. "Contract" means the Contract to which these Federal Provisions are attached and includes all Award types in § of this Exhibit. 9.1.3. "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. 9.1.4. "Unique Entity ID number" or "UEI" is the Unique Entity ID number established by the federal government in the Unique Entity ID System to uniquely identify a business entity. For more, see: www.sam.gov. 9.1.5. "Entity" means: 9.1.5.1. If the source of funding is a Grant: 9.1.5.1.1. a Non -Federal Entity; 9.1.5.1.2. a foreign public entity; 9.1.5.1.3. a foreign organization; 9.1.5.1.4. a non-profit organization; 9.1.5.1.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only); 9.1.5.1.6. a foreign non-profit organization (only for 2 CFR part 170) only); 9.1.5.1.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non -Federal entity (or 2 CFR 200.1); or 9.1.5.1.8. a foreign for-profit organization (for 2 CFR part 170 only). 9.1.5.2. If the source of funding is not a Grant: 9.1.5.2.1. all of the following as defined at 2 CFR part 25, subpart C; 9.1.5.2.2. A governmental organization, which is a State, local government, or Indian Tribe; 9.1.5.3. a foreign public entity; 9.1.5.4. a domestic or foreign non-profit organization; 9.1.5.5. a domestic or foreign for-profit organization; and 9.1.5.6. a Federal agency, but only a Subrecipient under an Award or Subaward to a non - Federal entity. 9.1.6. "Executive" means an officer, managing partner or any other employee in a management position. 9.1.7. 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. 9.1.8. "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. 9.1.9. "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 11 Revised December 2021 DocuSign Envelope ID: 2C2A031D-F928-491A-8E75-A9CF8D98155D 9.1.10. If the source of funding is a Grant, "Grant" as used herein is the Contract to which these Federal Provisions are attached. 9.1.11. "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. 9.1.12. "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. 9.1.13. "Nonprofit Organization" means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: 9.1.13.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; 9.1.13.2. Is not organized primarily for profit; and 9.1.13.3. Uses net proceeds to maintain, improve, or expand the operations of the organization. 9.1.14. "OMB" means the Executive Office of the President, Office of Management and Budget. 9.1.15. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a Subrecipient to carry out part of a Federal program. 9.1.16. "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. 9.1.17. "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. 9.1.18. "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. 9.1.19. "Subrecipient Parent UEI Number" means the subrecipient parent organization's 12 -digit Unique Entity ID System (UEI) number that appears in the subrecipient's System for Award Management (SAM) profile, if applicable. 9.1.20. "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. 9.1.21. "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: 9.1.21.1. Salary and bonus; 9.1.21.2. 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; 9.1.21.3. 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 11 Revised December 2021 DocuSign Envelope ID: 2C2A031 D-F928-491A-8E75-A9CF8D98155D 9.1.21.4. Change in present value of defined benefit and actuarial pension plans; 9.1.21.5. Above -market earnings on deferred compensation which is not tax -qualified; 9.1.21.6. 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. 9.1.22. "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. 9.1.23. "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. 9.1.24. "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. 10. COMPLIANCE. 10.1. 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. 11. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEI) REQUIREMENTS. 11.1. 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. 11.2. UEI. Contractor/Grantee shall provide its UEI number to its Prime Recipient, and shall update Contractor's/Grantee's information in www.sam.gov at least annually after the initial registration, and more frequently if required by changes in Contractor's/Grantee's information. 12. TOTAL COMPENSATION. 12.1. Contractor/Grantee shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 12.1.1. 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 12.1.2. In the preceding fiscal year, Contractor/Grantee received: 12.1.2.1. 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 Supplemental Provisions for Federal Awards Page 6 of 11 Revised December 2021 DocuSign Envelope ID: 2C2A031 D-F928-491A-8E75-A9CF8D98155D 12.1.2.2. $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 12.1.2.3. 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. 13. REPORTING. 13.1. 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. 14. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING. 14.1. 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. 14.2. 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. 14.3. 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. 15. SUBRECIPIENT REPORTING REQUIREMENTS. 15.1. If Contractor/Grantee is a Subrecipient, Contractor/Grantee shall report as set forth below. 15.1.1. 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: 15.1.1.1. Subrecipient UEI Number; 15.1.1.2. Subrecipient UEI Number if more than one electronic funds transfer (EFT) account; 15.1.1.3. Subrecipient parent's organization UEI Number; 15.1.1.4. 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; 15.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and Supplemental Provisions for Federal Awards Page 7 of 11 Revised December 2021 DocuSign Envelope ID: 2C2A031 D -F928-491 A-8E75-A9CF8D98155D 15.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated Executives if the criteria in §4 above met. 15.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract/Grant, the following data elements: 15.1.2.1. Subrecipient's UEI Number as registered in SAM. 15.1.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 16. PROCUREMENT STANDARDS. 16.1. 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. 16.2. 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. 16.3. 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. 17. ACCESS TO RECORDS. 17.1. 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. 18. SINGLE AUDIT REQUIREMENTS. 18.1. 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. 18.1.1. 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. Supplemental Provisions for Federal Awards Page 8 of 11 Revised December 2021 DocuSign Envelope ID: 2C2A031 D -F928-491 A-8E75-A9CF8D98155D 18.1.2. 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. 18.1.3. 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. 19. CONTRACT/GRANT PROVISIONS FOR SUBRECEPIENT CONTRACTS. 19.1. 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. 19.1.1. [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. 19.1.2. [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). 19.1.3. 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. 19.1.4. 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). 19.1.5. 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. Supplemental Provisions for Federal Awards Page 9 of 11 Revised December 2021 DocuSign Envelope ID: 2C2A031 D-F928-491A-8E75-A9CF8D98155D 19.1.6. 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. 19.1.7. 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. 19.1.8. 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. 20. CERTIFICATIONS. 20.1. 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. 21. EXEMPTIONS. 21.1. 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. 21.2. 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. 22. EVENT OF DEFAULT AND TERMINATION. 22.1. 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. 22.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows: 22.2.1. 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; 22.2.2. 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; Supplemental Provisions for Federal Awards Page 10 of 11 Revised December 2021 DocuSign Envelope ID: 2C2A031 D -F928-491 A-8E75-A9CF8D98155D 22.2.3. 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; 22.2.4. 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 22.2.5. 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 11 of 11 Revised December 2021 Mariah Higgins From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Windy Luna Thursday, November 2, 2023 1:51 PM CTB HS -Contract Management COMMUNICATION ITEM: Option Letter #5 AAA Contract (Tyler ID# 2020-2588) Region 2B Executed Option Letter #5 21_IHEA_160180_OL_5_(185257).pdf Follow up Flagged COMMUNICATION ITEM: Good afternoon CTB, Attached please find the Option Letter #5 for the Area Agency on Aging Senior Services Contract under the Older American Act. This is related to the original contract referenced as 2020-2588. Please let me know if you have any questions. Enjoy your day, 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. GoMMVnoCact%on5 1l/og/23 cc%H5®, AGT(cP/c®) li/o2/23 202 I - I ea F� 00q 3 DocuSign Envelope ID: 3D5E8BF2-FD90-4C95-O351-6F00B5591411B9 V14 LETTER #5 � State Agency Colorado Department of Human Services Option Letter Number 5 Contractor Original Contract Number Weld County, Colorado 21 IHEA 160180 Weld County Department of Human Services Weld County Area Agency on Aging Current Contract Maximum Amount Option Letter Contract Number Initial Term 24 IHEA 185257 09/01/2010 06/30/21 $1,896,223.70 Contract Performance Beginning Date Extension Terms September 1, 2020 State Fiscal Year 2022 83,274,101.54 Current Contract Expiration Date State Fiscal Year 2023 $3,091,570.41 June 30, 2024 State Fiscal Year 2024 $2,800,727.15 GRAND TOTAL $11,062,622.80 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 Section 5(B)(v) of the Original Contract and Section 5(E) of Amendment 1, the State hereby exercises its option to increase the quantity of Services for the State Fiscal Year (SFY) 2024 at the rates mandated by the Older Americans Act. B. The SFY 2024 funds are increased in the amount of $228,396.15, thereby raising the SFY 2024 funds from $2,572,331.00 to $2,800,727.15. 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-7 "Budget", which is attached and incorporated by reference, replaces previous Exhibit D-6. D. Exhibit E-7, "Supplemental Provisions for Federal Awards," which is attached and incorporated by reference, replaces previous Exhibit E-6. 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 -BD2B5F7541534AD... By: Yolanda Webb, Office Director Office of Adult, Aging, and Disability Services Date: 10/20/2023 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 DocuSigned by. ow 3242117E8F.181. By: Telly Belton / Andrea Enrich / Toni Williamson Colorado Department of Human Services Option Effective Date: 10/20/2023 Page 1of1 EXHIBIT D-7 Contract Budget SFY 2024 TITLE III & TITLE VII & STATE FUNDING FOR SENIOR SERVICES WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF HUMAN SERVICES WELD COUNTY AREA AGENCY ON AGING REGION 2B JULY 1, 2023 TO JUNE 30, 2024 FUNDING PART SFY 21 STATE AND FEDERAL FUNDS CONTRACT SFY 22 INITIAL STATE AND FEDERAL FUNDS AMENDMENT #1 SFY 22 CARRYOVER FROM SFY 21 INCREASE OR DECREASE OPTION LETTER #1 TOTAL SFY 22 STATE AND FEDERAL FUNDS OPTION LETTER #2 SFY 23 STATE AND FEDERAL FUNDS AMENDMENT #2 TOTAL SFY 73 FUND] G INCREASE OPTION LETTER' #3 SFY 24 OPTION LETTER #4 SFY 24 OPTION LETTER #5 GRAND TOTAL SFY 21, 5FY 22, SFY 23, & SFY 24 TITLE III - Part B TITLE III - Part a $259,998.00 $345,798.00 $274,264.00 $365,594.00 $88,330.52 $311,199.22 $362,594.52 $676,793.22 $279,717.00 $367,176.00 $27,425:00 $59,76259 $290,539.00 $388,073.00 $31;926.73 $0.00 $1,252,201.25 $1,837,602.81 TITLE III - Part. TITLE III - Part D $180,597.00 $18,386.00 $201,804.00 $20,227.00 $62,044.60 $3,971.51 $263,848.60 $24,198.51 $213,116.00 $20,096.00 $155,003.42 $24,12854 $269,126.00 $21,401.00 $0.00 $4,000.51 $1,081,691.02 $112,210.56 TITLE III - Part E State E Match $109,874.00 $7,333.00 $121,555.00 $7,403.00 $95,533.96 $0.00 $217,088.96 $7,403.00 $125,905.00 $7544.00 $24,70552 $0:00 $129,544.00 $7,575.00 $0.00 $0.00 $607,117.48 $29,855.00 Federal Admin TITLE VII - EA $95,231.00 $2,174.00 $100,103.00 $1,928.00 $185,671.81 $3,962.30 $285,774.81 $5,890.30 $104,240.00 $2,000.00 $199,653_29 $5,89030 $113,312.00 $2,016.00 $174,096.48 $0.00 $972,337.58 $17,970.60 TITLE VII -OMB State Services $8,548.00 $587,124.70 $10,368.00 $1,125,520.00 $13,211.62 $0.00 $23,579.62 $1,125,520.00 $11,316.00 $1,132,588.00 $22,52833 $21,217.70 $12,456.00 $1,156,465.00 $0.00 $10,535.19 $78,428.15 $4,039,450.59 State Admin $126,284.00 $125,058.00 $0.00 $125,058.00 $125,843.00 $143,393.00 $2,35952 $128;496.00 $1,837.24 $509,875.76 State Homestead State Homestead Admin $154,876.00 $0.00 $140,717.00 $15,635.00 $0.00 $0.00 $140,717.00. $15,635.00 $15,933.00 $DA0 $0A0 $47,995.00 $5,333.00 $0.00 $0.00 $486,981.00 $36,901.00 GRANQTOTAL $1,896,223.70 $2,510,176.00 $763,92,54 $3,274,101.54 $2,528,867.00 $542,70341 $2,572,331.00 $228,396.15 $11,062,622.80 PAGE 1OF1 DocuSign Envelope ID: 3D5E8BF2-FD90-4C95-A351-6F00B55914B9 a2 COLORADO Financial Services core mgrs W H6tmbR Nalsion of Contracts anA EXHIBIT E-7 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 Unique Entity ID number: MKKXT9U9MTV5; iii. The Federal Award Identification Numbers (FAIN) are: Title III Part B — Supportive Services - 2301COOASS; Title III Part Cl — Congregate Meals - 2301COOACM; Title III Part C2 Home Delivered Meals - 2301COOAHD; Title III Part D — Preventative Health - 2301COOAPH; TITLE III Part E - National Family Caregiver Support Program - 2301COOAFC; Title VII EA — Elder Abuse - 2301COOAEA; and Title VII Ombudsman — Ombudsman - 2301COOAOM iv. The Federal award date is October 1, 2022; v. The subaward period of performance start date is 10/01/2022 and end date is 09/30/2024; vi. Federal Funds: TOTAL AMOUNT OF CONTRACT AMOUNT OF TOTAL AMOUNT OF THE FEDERAL OR FISCAL FUNDING PART FEDERAL FUNDS FEDERAL FUNDS FUNDS AWARD YEAROBLIGATED BY THIS OBLIGATED TO THE COMM/TED TO CONTRACT SUBRECIPIENT SUBRECIPIENT BY CDHS 07/01/2023 TO 06/30/2024 FEDERAL PART B $31,926.73 $1,252,201.25 $1,252,201.25 07/01/2023 TO 06/30/2024 FEDERAL PART C-1 $0.00 $1,837,602.81 $1,837,602.81 07/01/2023 TO 06/30/2024 FEDERAL PART C-2 $0.00 $1,081,691.02 $1,081,691.02 07/01/2023 TO 06/30/2024 FEDERAL PART D $4,000.51 $112,210.56 $112,210.56 07/01/2023 TO 06/30/2024 FEDERAL PART E $0.00 $607,117.48 $607,117.48 07/01/2023 TO 06/30/2024 FEDERAL ADMIN * $174,096.48 $972,337.58 $972,337.58 07/01/2023 TO 06/30/2024 FED ELDER ABUSE PREY. $0.00 $17,970.60 $17,970.60 07/01/2023 TO 06/30/2024 FEDERAL OMBUDSMAN $0.00 $78,428.15 $78,428.15 TOTAL $210,023.72 $5,959,559.45 $5,959,559.45 *Is comprised of`10%Federal Parts B, C-1, C-2, and E as authorized by the Older Americans Act. Supplemental Provisions for Federal Awards Page 1of11 Revised December 2021 DocuSign Envelope ID: 3D5E8BF2-FD90-4C95-A351-6F00B55914B9 i. Federal award project description: Older Americans Act Title III — Grants for State and Community Programs on Aging and Older Americans Act Title VII — Allotments for Vulnerable Elder Rights Protection Activities; ii. 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 Percy Devine, 303.844.7815; iii. The Catalog of Federal Domestic Assistance (CFDA) numbers are: CONTRACT OR. FISCAL YEAR 07/01/2023 TO TITLE III B SUPPORTIVE SERVICES 06/30/2024 2301COOASS 93.044 07/01/2023 TO 06/30/2024 TITLE III Cl CONGREGATE MEALS 2301 COOACM 93.045 07/01/2023 TO 06/30/2024 TITLE III C2 HOME -DELIVERED MEALS 2301 COOAHD 93.045 07/01/2023 TO 06/30/2024 TITLE III D PREVENTIVE HEALTH 2301 COOAPH 93.043 07/01/2023 TO 06/30/2024 TITLE III E NFCSP 2301 COOAFC 93.052 07/01/2023 TO 06/30/2024 TITLE VII ELDER ABUSE PREVENTION 2301 COOAEA 93.041 07/01/2023 TO 06/30/2024 TITLE VII OMBUDSMAN 2301 COOAOM 93.042 iv. This award is not for research & development; v. The indirect cost rate for the Federal award (including if the de mininis 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. 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 N/A. 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 16 of this Exhibit and Exhibit A. 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 11 Revised December 2021 DocuSign Envelope ID: 3D5E8BF2-FD90-4C95-A351-6F00B55914B9 1) Matching Funds If a box below is checked, the accompanying provision applies. i. U Subrecipient is not required to provide matching funds. ii. Subrecipient shall provide matching funds as stated in Exhibit A. 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 11 Revised December 2021 DocuSign Envelope ID: 3D5E8BF2-FD90-4C95-A351-6F00B55914B9 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. "Unique Entity ID number" or "UEI" is the Unique Entity ID number established by the federal government in the Unique Entity ID System to uniquely identify a business entity. For more, see: www.sam.gov. 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. fJ 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 11 Revised December 2021 DocuSign Envelope ID: 3D5E8BF2-FD90-4C95-A351-6F00B55914B9 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. 1.1.2. "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. 1.1.3. "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 200.3 8, 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 UEI Number" means the subrecipient parent organization's 12 -digit Unique Entity ID System (UEI) 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 11 Revised December 2021 DocuSign Envelope ID: 3D5E8BF2-FD90-4C95-A351-6F00B55914B9 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 UNIQUE ENTITY ID SYSTEM (UEI) 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. UEI. Contractor/Grantee shall provide its UEI number to its Prime Recipient, and shall update Contractor's/Grantee's information in www.sam.gov 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 Supplemental Provisions for Federal Awards Page 6 of 11 Revised December 2021 DocuSign Envelope ID: 3D5E8BF2-FD90-4C95-A351-6F00B55914B9 4.1.2.1. $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 4.1.2.2. 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 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. 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 UEI Number; 7.1.1.2. Subrecipient UEI Number if more than one electronic funds transfer (EFT) account; 7.1.1.3. Subrecipient parent's organization UEI 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 Supplemental Provisions for Federal Awards Page 7 of 11 Revised December 2021 DocuSign Envelope ID: 3D5E8BF2-FD90-4C95-A351-6F00B55914B9 7.1.1.1. 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 UEI Number as registered in SAM. 7.1.2.2. 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 Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 9. 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. Supplemental Provisions for Federal Awards Page 8 of 11 Revised December 2021 DocuSign Envelope ID: 3D5E8BF2-FD90-4C95-A351-6F00B55914B9 10.1.1. 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. 10.1.2. 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. Supplemental Provisions for Federal Awards Page 9 of 11 Revised December 2021 DocuSign Envelope ID: 3D5E8BF2-FD90-4O95-A351-6F00B55914B9 11.1.1. 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. 11.1.2. 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. 11.1.3. 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 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. 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; 14.2.1. 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; 14.2.2. 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 Supplemental Provisions for Federal Awards Page 10 of 11 Revised December 2021 DocuSign Envelope ID 3D5E8BF2-FD90-4O95-A351-6F00B55914B9 14.2.3. 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 11 of 11 Revised December 2021 Mariah Higgins From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Lesley Cobb Thursday, June 8, 2023 9:55 AM CTB HS -Contract Management COMMUNICATION ITEM: Option Letter #4 AAA Contract (Tyler ID# 2020-2588) Complete_with_DocuSign_21_IHEA_160180_OL_4_(.pdf Follow up Flagged COMMUNICATION ITEM: Good morning, Attached please find the Option Letter #4 for the Area Agency on Aging Senior Services Contract under the Older American Act. This is related to the original contract referenced as 2020-2588. Please let me know if you have any questions. Thank you! Lesley Cobb Contract Management and Compliance Supervisor Weld County Dept. of Human Services 315 N. 11th Ave., Bldg A PO Box A Greeley, CO 80632 'x'(970) 400-6512 (970) 353-5212 cobbxxlk@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. CoMatun;Co`t octS cc:l-ISD, AcT(cP/cP) 06/2.1/23 06/19/23 2O2 I.16o� HR oo °I 3 DocuSign Envelope ID: E0AD3F65-86D9-4817-BEDE-841963968789 LE TTER 11V1 #4 State Agency Colorado Department of Human Services Option Letter Number 4 Contractor Original Contract Number Weld County, Colorado 21 IHEA 160180 Weld County Department of Human Services Weld County Area Agency on Aging Current Contract Maximum Amount Option Letter Contract Number Initial Term 24 IHEA 181451 09/01/20 to 06/30/21 $1,896,223.70 Contract Performance Beginning Date Extension Terms September 1, 2020 State Fiscal Year 2022 $3,274,101.54 Current Contract Expiration Date State Fiscal Year 2023 $3,091,570.41 June 30, 2024 State Fiscal Year 2024 $2,572,331.00 GRAND TOTAL $10,834,226.65 1. OPTIONS: A. Option to extend for an Extension Term. B. 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 Original Contract's Signature and Cover Page, and Page 4, Section 2(C) of the Original Contract referenced above, the State hereby exercises its option for an additional term, beginning July 1, 2023, and ending on the current contract expiration date shown above, at the rates stated in the Original Contract, as amended. B. In accordance with Page 1, Paragraph "Options" on the Contract's Signature and Cover Page, Page 9, Section 5(B)(v) of the Original Contract referenced above, and Page 2, Section 5(E) of Amendment 1, the State hereby exercises its option to increase the quantity of the Services for State Fiscal Year (SFY) 2024 at the rates mandated by the Older Americans Act. C. The SFY 2024 funds are increased in the amount of $2,572,331.00. 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. D. Exhibit D-6, "Contract Budget", replaces previous Exhibit D-5 "Budget Funding" which is attached and incorporated by reference. E. Exhibit E-6, "Supplemental Provisions for Federal Awards" replaces previous Exhibit E-5, which is attached and incorporated by reference. 3. OPTION EFFECTIVE DATE: The effective date of this Option Letter is upon approval of the State Controller or July 1, 2023, whichever is later. STATE OF COLORADO Jared Polis, Governor Colorado Department of Human Services Michelle Barnes, Executive Director e---DocuSigned by: By: Yoland eli� bittce Director Office of Community Access and Independence 5/23/2023 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 DocuSigned by: D2Aa1DCB61AG416, By: Andrea Eurich / Tom Williamson Colorado Department of Human Services 5/23/2023 Option Effective Date: Page 1 of 1 DoseSign Envelope ID. EOAD3F65-8609-4817-BEDS-841983968709 EXHIBIT D-6 Contract Budget SFY 2024 TITLE III & TITLE VII & STATE FUNDING FOR SENIOR SERVICES WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF HUMAN SERVICES WELD COUNTY AREA AGENCY ON AGING REGION 2B JULY 1, 2023 TO JUNE 30, 2024 FUNDING PART SFY 21 STATE AND FEDERAL FUNDS CONTRACT SFY 22 INITIAL STATE AND FEDERAL FUNDS AMENDMENT #1 SFY 22 CARRYOVER FROM SFY 21 INCREASE OR DECREASE OPTION LETTER #1 TOTAL SFY 22 STATE AND FEDERAL FUNDS OPTION LETTER #2 TOTAL SFY 23 STATE AND FEDERAL FUNDS AMENDMENT #2 SFY 23 FUNDING INCREASE OPTION LETTER #3 SFY 24 OPTION LETTER S4 GRAND TOTAL SFY 21, SFY 22, SFY 23, & SFY 24 TITLE III - Part B $259,998.00 $274,264.00 $88,330.52 $362,594.52 $279,717.00 $27,426.00 $290,539.00 $1,220,274.52 TITLE III - Part Cl $345,798.00 $365,594.00 $311,199.22 $676,793.22 $367,176.00 $59,762.59 $388,073.00 $1,837,602.81 TITLE III - Part C2 $180,597.00 $201,804.00 $62,044.60 $263,848.60 $213,116.00 $155,003.42 $269,126.00 $1,081,691.02 TITLE III - Part D $18,386.00 $20,227.00 $3,971.51 $24,198.51 $20,096.00 $24,128.54 $21,401.00 $108,210.05 TITLE III -PartE $109,874.00 $121,555.00 $95,533.96 $217,088.96 $125,905.00 $24,705.52 $129,544.00 $607,117.48 State E Match $7,333.00 $7,403.00 $0.00 $7,403.00 $7,544.00 $0.00 $7,575.00 $29,855.00 Federal Admin $95,231.00 $100,103.00 $185,671.81 $285,774.81 $104,240.00 $199,683.29 $113,312.00 $798,241.10 TITLE VII - EA $2,174.00 $1,928.00 $3,962.30 $5,890.30 $2,000.00 $5,890.30 $2,016.00 $17,970.60 TITLE VII - OMB $8,548.00 $10,368.00 $13,211.62 $23,579.62 $11,316.00 $22,528.53 $12,456.00 $78,428.15 State Services $587,124.70 $1,125,520.00 $0.00 $1,125,520.00 $1,132,588.00 $21,217.70 $1,156,465.00 $4,022,915.40 State Admin $126,284.00 $125,058.00 $0.00 $125,058.00 $125,843.00 $2,357.52 $128,496.00 $508,038.52 State Homestead $154,876.00 $140,717.00 $0.00 $140,717.00 $143,393.00 $0.00 $47,995.00 $486,981.00 State Homestead Admin $0.00 $15,635.00 $0.00 $15,635.00 $15,933.00 $0.00 $5,333.00 $36,901.00 GRAND TOTAL $1,896,223.70 $2,510,176.00 $763,925.54 $3,274,101.54 $2,548,867.00 $542,703.41 $2,572,331.00 $10,834,226.65 PAGE 1 OF 1 DocuSign Envelope ID: E0AD3F65-86D9-4817-BEDE-8419B39687B9 toH' COLORADE! Financial Services 4.111111. Dep....d Human Ser aces DIvls. of Contracts and Procurement EXHIBIT E-6 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 Unique Entity ID number: MKKXT9U9MTV5; iii. The Federal Award Identification Numbers (FAIN) are: Title III Part B — Supportive Services - 2301COOASS; Title III Part Cl — Congregate Meals - 2301COOACM; Title III Part C2 — Home Delivered Meals - 2301 COOAHD; Title III Part D — Preventative Health - 2301 COOAPH; TITLE III Part E - National Family Caregiver Support Program - 2301COOAFC; Title VII EA — Elder Abuse - 2301COOAEA; and Title VII Ombudsman — Ombudsman - 2301COOAOM iv. The Federal award date is October 1, 2022; v. The subaward period of performance start date is 10/01/2022 and end date is 09/30/2024; vi. Federal Funds: TOTAL AMOUNT OF CONTRACT AMOUNT OF TOTAL AMOUNT OF THE FEDERAL OR FISCAL FUNDING PART FEDERAL FUNDS FEDERAL FUNDS FUNDS AWARD YEAR OBLIGATED BY THIS OBLIGATED TO THE COMMITED TO CONTRACT SUBRECIPIENT SUBRECIPIENT BY CDHS 07/01/2023 TO 06/30/2024 FEDERAL PART B $290,539.00 $1,220,274.52 $1,220,274.52 07/01/2023 TO 06/30/2024 FEDERAL PART C1 $388,073.00 $1,837,602.81 $1,837,602.81 07/01/2023 TO 06/30/2024 FEDERAL PART C2 $269,126.00 $1,081,691.02 $1,081,691.02 07/01/2023 TO 06/30/2024 FEDERAL PART D $21,401.00 $108,210.05 $108,210.05 07/01/2023 TO 06/30/2024 FEDERAL PART E $129,544.00 $607,117.48 $607,117.48 07/01/2023 TO 06/30/2024 FEDERAL ADMIN * $113,312.00 $798,241.10 $798,241.10 07/01/2023 7O 06/30/2024 FED ELDER ABUSE PREY. $2,016.00 $17,970.60 $17,970.60 07/01/2023 TO 06/30/2024 FEDERAL OMBUDSMAN $12,456.00 $78,428.15 $78,428.15 TOTAL $1,226,467.00 $5,749,535.73 $5,749,535.73 *Is comprised of 10% Federal Parts B, C-1, C-2, and E as authorized by the Older American's Act. Supplemental Provisions for Federal Awards Page 1 of 11 Revised December 2021 DocuSign Envelope ID: E0AD3F65-86D9-4817-BEDE-8419B39687B9 i. Federal award project description: Older Americans Act Title III — Grants for State and Community Programs on Aging and Older Americans Act Title VII — Allotments for Vulnerable Elder Rights Protection Activities; ii. 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 Percy Devine, 303.844.7815; iii. The Catalog of Federal Domestic Assistance (CFDA) numbers are: CONTRACT OR PROGRAM TITLE GRANT # FISCAL YEAR. CFDA # 07/01/2023 TO 06/30/2024 TITLE III B SUPPORTIVE SERVICES 2301COOASS 93.044 07101/2023 TO 06/30/2024 TITLE III C1 CONGREGATE MEALS 2301COOACM 93.045 07/01/2023 TO 06/30/2024 TITLE III C2 HOME -DELIVERED MEALS 2301COOAHD 93.045 07/01/2023 TO 06/30/2024 TITLE III D PREVENTIVE HEALTH 2301COOAPH 93.043 0710112023 TO 06/30/2024 TITLE III E NFCSP 2301COOAFC 93.052 07/01/2023 TO 06/30/2024 TITLE VII ELDER ABUSE PREVENTION 2301COOAEA 93.041 07/01/2023 TO 06/30/2024 TITLE VII OMBUDSMAN 2301COOAOM 93.042 iv. This award is not for research & development; v. 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. 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 N/A. 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 16 of this Exhibit and Exhibit A. 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 11 Revised December 2021 DocuSign Envelope ID: E0AD3F65-86D9-4817-BEDE-8419B39687B9 1) Matching Funds If a box below is checked, the accompanying provision applies. Subrecipient is not required to provide matching funds. Subrecipient shall provide matching funds as stated in Exhibit A. 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 11 Revised December 2021 DocuSign Envelope ID: EOAD3F65-86D9-4817-BEDE-841983968789 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. 1.13. "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. "Unique Entity ID number" or "UEI" is the Unique Entity ID number established by the federal government in the Unique Entity ID System to uniquely identify a business entity. For more, see: www.sam.gov. 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 Ad 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 11 Revised December 2021 DocuSign Envelope ID: E0AD3F65-86D9-4817-BEDE-8419B39687B9 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. 1.1.2. "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 UEI Number" means the subrecipient parent organization's 12 -digit Unique Entity ID System (UEI) 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 11 Revised December 2021 DocuSign Envelope ID: EOAD3F65-86D9-4817-BEDE-8419B39687B9 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 UNIQUE ENTITY ID SYSTEM (UEI) 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. UEI. Contractor/Grantee shall provide its UEI number to its Prime Recipient, and shall update Contractor's/Grantee's information in www.sam.gov 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 Supplemental Provisions for Federal Awards Page 6 of 11 Revised December 2021 DocuSign Envelope ID: E0AD3F65-86D9-4817-BEDE-8419B39687B9 4.1.2.1. $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 4.1.2.2. 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 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. 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 UEI Number; 7.1.1.2. Subrecipient UEI Number if more than one electronic funds transfer (EFT) account; 7.1.1.3. Subrecipient parent's organization UEI 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 Supplemental Provisions for Federal Awards Page 7 of 11 Revised December 2021 DocuSign Envelope ID: E0AD3F65-86D9-4817-BEDE-8419B39687B9 7.1.1.1. 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 UEI Number as registered in SAM. 7.1.2.2. 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 Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 9. 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 200300 (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. Supplemental Provisions for Federal Awards Page 8 of 11 Revised December 2021 DocuSign Envelope ID: EOAD3F65-86D9-4817-BEDE-8419B39687B9 10.1.1. 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. 10.1.2. 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. Supplemental Provisions for Federal Awards Page 9 of 11 Revised December 2021 DocuSign Envelope ID E0AD3F65-86D9-4817-BEDE-8419B39687B9 11.1.1. 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. 11.1.2. 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. 11.1.3. 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 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. 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; Supplemental Provisions for Federal Awards Page 10 of 11 Revised December 2021 DocuSign Envelope ID: EOAD3F65-86D9-4817-BEDE-8419B39687B9 14.2.1. 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; 14.2.2. 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 14.2.3. 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 11 of 11 Revised December 2021 Mariah Higgins From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Lesley Cobb Thursday, December 8, 2022 10:31 AM CTB HS -Contract Management COMMUNICATION ITEM: Option Letter #2 & #3 AAA Contract (2020-2588) 22 IHEA 171410 (Option Letter #2).pdf; 23 IHEA 178823 (Option Letter #3).pdf Follow up Flagged COMMUNICATION ITEM: Good morning, Attached please find Option Letter #2 and Option Letter #3 for the Area Agency on Aging Senior Services Contract under the Older American Act. This is related to the original contract referenced as 2020-2588. Please let me know if you have any questions. Thank you! Lesley Cobb Contract Management and Compliance Supervisor Weld County Dept. of Human Services 315 N. 11th Ave., Bldg A PO Box A Greeley, CO 80632 (970) 400-6512 A (970) 353-5212 Hcoblxodk@weldgov.com 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. Commuf . Cck+;on S ►2/i9/22 Cc: HSD, Ac-r(ce/co) 12/►5 /22 a021 -1608' DocuSign Envelope ID: B14E9FA6-E1AC-4AFB-87CF-3021A55DB6EA LETTER #2 VI IlL1111 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 21 IHEA 160180 Current Contract Maximum Amount Initial Term 09/01/20 to 06/30/21 $1,896,223.70 Extension Terms State Fiscal Year 2022 $3,274,101.54 Total for All State Fiscal Years $5,170,325.24 Option Letter Contract Number 22 IHEA 171410 Contract Performance Beginning Date September 1, 2020 Current Contract Expiration Date June 30, 2022 1. OPTIONS: Option to change the quantity of Services under the Contract at the rates set by the Older Americans Act. 2. REQUIRED PROVISIONS: In accordance with Page 1, Paragraph Option on the Contract's Signature and Cover Page of the Original Contract referenced above, and Page 2, Section 5(E) of Amendment 1, the State hereby exercises its option to increase the quantity of the Services for State Fiscal Year (SFY) 2022 at the rates mandated by the Older Americans Act. The State Fiscal Year (SFY) 2022 funds are increased in the amount of $763,925.54, which is carried over from SFY 2021, thereby raising the SFY 2022 funds from $2,510,176.00 to $3,274,101.54. 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. 3. OPTION EFFECTIVE DATE: The effective date of this Option Letter is upon approval of the State Controller. 4. The Revised Exhibit D Number 3 "Budget Funding", replaces previous Exhibit D, Number 2 "Budget Funding" which is attached and incorporated by reference, and explains the changes made by the additional funding added to this contract period. 5. The Revised Exhibit E, Number 3, "Supplemental Provisions for Federal Awards" replaces previous Exhibit E, Number 2, "Supplemental Provisions for Federal Awards", which is attached and incorporated by reference. STATE OF COLORADO Jared Polis, Governor Colorado Department of Human Services Michelle Barnes, Executive Director DocuSigned by: By: Yolanda VVett;'iic'e Director Office of Community Access and Independence 1/6/2022 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: FDocuSigned by: rani: illiAavi.00t, Andrea Eurich/Janet Miks/Toni Williams Colorado Department of Human Services Option Effective Date: 1/10/2022 Page 1 of 1 DomSign Envelope ID: B14E9FA6-E1 AC-4AFB-87CF-3621A55DB6EA EXHIBIT D-3 BUDGET FUNDING REQUEST CONTRACT SFY 2022 FUNDING REQUEST TITLE III & TITLE VII & STATE FUNDING FOR SENIOR SERVICES WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF HUMAN SERVICES WELD COUNTY AREA AGENCY ON AGING REGION 2B JULY 1, 2021 TO JUNE 30, 2022 BUDGET FUNDING SFY 22 { F Y N 8 yr-,ua+k#L Rd` r r S rv3' 7g M ,[ 'N 1 , kk e lti r{ tr ; D F 3�a _ .N k �`" S fib' 1A'S l't 4r ✓ct d qd,y 82 'if 34, l ,{,.. 5 G + TITLE III - Part B $259,998.00 $274,264.00 $88,330.52 $362,594.52 $622,592.52 TITLE III - Part C1 $345,798.00 $365,594.00 $311,199.22 $676,793.22 $1,022,591.22 TITLE III - Part C2 $180,597.00 $201,804.00 $62,044.60 $263,848.60 $444,445.60 TITLE III - Part D $18,386.00 $20,227.00 $3,971.51 $24,198.51 $42,584.51 TITLE III - Part E $109,874.00 $121,555.00 $95,533.96 $217,088.96 $326,962.96 State E Match $7,333.00 $7,403.00 $0.00 $7,403.00 $14,736.00 Federal Admin $95,231.00 $100,103.00 $185,671.81 $285,774.81 $381,005.81 TITLE VII - EA $2,174.00 $1,928.00 $3,962.30 $5,890.30 $8,064.30 TITLE VII - OMB $8,548.00 $10,368.00 $13,211.62 $23,579.62 $32,127.62 State Services $587,124.70 $1,125,520.00 $0.00 $1,125,520.00 $1,712,644.70 State Admin $126,284.00 $125,058.00 $0.00 $125,058.00 $251,342.00 State Homestead $154,876.00 $140,717.00 $0.00 $140,717.00 $295,593.00 State Homestead Admin $0.00 $15,635.00 $0.00 $15,635.00 $15,635.00 GRAND TOTAL $1,896,223.70 $2,510,176.00 $763,925.54 $3,274,101.54 $5,170,325.24 PAGE 1 OF 1 DocuSign Envelope ID: B14ESFAB-E1AC-4AFB-87CF-3021A55D 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), the FFATA Supplemental Provisions shall control. 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; iii. The Federal Award Identification Number (FAIN) is: Title III Part B — Supportive Services - 2101 COOASS-01; Title III Part C1 — Congregate Meals - 2101COOACM-01; Title III Part C2 — Home Delivered Meals - 2101 COOAHD-01; Title III Part D — Preventative Health - 2101 COOAPH-01; TITLE III Part E - National Family Caregiver Support Program - 2101 COOAFC-01; Title VII EA — Elder Abuse - 2101 COOAEA-01; and Title VII Ombudsman — Ombudsman - 2101 COOAOM-01 iv. The Federal award date is October 1, 2020; v. The subaward period of performance start date is October 1, 2020 and end date is September 30, 2022; vi. Federal Funds available from 09/01/2020 to 06/30/2022: TOTAL AMOUNT OF CONTRACT AMOUNT OF TOTAL AMOUNT OF THE FEDERAL OR FISCAL FUNDING PART FEDERAL FUNDS FEDERAL FUNDS FUNDS AWARD YEAR OBLIGATED BY THIS OBLIGATED TO THE COMMITED TO CONTRACT SUBRECIPIENT SUBRECIPIENT BY CDHS 09/01/2020 TO FEDERAL ADMIN * $185,671.81 $285,774.81 $285,774.81 06/30/2022 09/01/2020 TO 06/30/2022 FEDERAL PART B $88,330.52 $362,594.52 $362,594.52 09/01/2020 TO 06/30/2022 FEDERAL PART C-1 $311,199.22 $676,793.22 $676,793.22 09/01/2020 TO 06/30/2022 FEDERAL PART C-2 $62,044.60 $263,848.60 $263,848.60 09/01/2020 TO 06/30/2022 FEDERAL PART D $3,971.51 $24,198.51 $24,198.51 09/01/2020 TO 06/30/2022 FEDERAL PART E $95,533.96 $217,088.96 $217,088.96 09/01/2020 TO 06/30/2022 FED ELDER ABUSE PREY. $3,962.30 $5,890.30 $5,890.30 09/01/2020 TO 06/30/2022 FEDERAL OMBUDSMAN $13,211.62 $23,579.62 $23,579.62 TOTAL $763,925.54 $1,859,768.54 $1,859,768.54 'Is comprised of 10%Federal Parts B, Cl,-C-2, and E as authorized by the Older American's Act. Supplemental Provisions for Federal Awards Page 1 of 6 Issued 3/16/2016 Revised 11/18/2016 DocuSign Envelope ID: B14E9FAB-E1AC-4AFB-87CF-3021A55DB6EA vii. Federal award project description: Older Americans Act Title III — Grants for State and Community Programs on Aging and Older Americans Act Title VII — Allotments for Vulnerable Elder Rights Protection Activities; 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 OR FISCAL YEAR PROGRAM TITLE GRANT # CFDA # 09/01/2020 TO 06/30/2022 TITLE III B SUPPORTIVE SERVICES 2101COSSC6-00 93.044 09/01/2020 TO 06/30/2022 TITLE III C1 CONGREGATE MEALS 2101COOACM-01 93.045 09/01/2020 TO 06/30/2023 TITLE III C2 HOME -DELIVERED MEALS 2101COOAHD-01 93.045 09/01/2020 TO 06/30/2024 TITLE III D PREVENTIVE HEALTH 2101COOAPH-01 93.043 09/01/2020 TO 06/30/2025 TITLE III E NFCSP 2101COOAFC-01 93.052 09/01/2020 TO 06/30/2026 TITLE VII ELDER ABUSE PREVENTION 2101COOAEA-01 93.041 09/01/2020 TO 06/30/2027 TITLE VII OMBUDSMAN 2101COOAOM-01 93.042 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. 1) 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. 2) 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. 3) Subrecipient's approved indirect cost rate is the Federally Approved Cost Allocation Plan.. 4) 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. 5) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 18 of this Exhibit and Exhibit A, Statement of Work. 6) 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 6 Issued 3/16/2016 Revised 11/18/2016 DocuSign Envelope ID. B14E9FAB-EIAC-4AFB-87CF-3021A55DB6EA 1) Matching Funds If a box below is checked, the accompanying provision applies. i. ❑ Subrecipient is not required to provide matching funds. ii. 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. 2) Record Retention Period. The record retention period previously stated in this Contract is replaced with the record retention period prescribed in 2 CFR §200.333. 3) Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during Subrecipient's fiscal year, 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. i. Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance §200.514 (Scope of audit), except when it elects to have a program -specific audit conducted in accordance with §200.507 (Program -specific audits). 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 CDHS. A program - specific audit may not be elected for research and development unless all of the Federal Awards expended were received from CDHS and CDHS approves in advance a program -specific audit. ii. Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, 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. iii. Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for the audit required by Part 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 Uniform Guidance §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 2 CFR Part F -Audit Requirements Supplemental Provisions for Federal Awards Page 3 of 6 Issued 3/16/2016 Revised 11/18/2016 DocuSign Envelope ID: B14E9FAB-E1AC-4AFB-87CF-3021A55DB6EA 1) Contract Provisions. Subrecipient shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Contract: i. 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." "During the performance of this contract, the contractor agrees as follows: a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Supplemental Provisions for Federal Awards Page 4 of 6 Issued 3/16/2016 Revised 11/18/2016 DocuSign Envelope ID: B14E9FAB-EIAC-4AFB-87CF-3021A55DB6EA a) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States." ii. 4.2 Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. iii. Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and 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," 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 awarding agency. iv. 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 award 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). Supplemental Provisions for Federal Awards Page 5 of 6 Issued 3/16/2016 Revised 11/18/2016 DocuSign Envelope ID: B14E9FA6-E1AC-4AFB-87CF-3021A55DB6EA i. 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. ii. 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. 2) Compliance. Subrecipient shall comply with all applicable provisions of The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), including but not limited to these Supplemental Provisions for Federal Awards. Any revisions to such provisions automatically shall become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. CDHS may provide written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3) Procurement Procedures. Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof. 4) Certifications. Unless prohibited by Federal statutes or regulations, CDHS 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 CDHS at the end of the Contract that the project or activity was completed or the level of effort was expended. 2 CFR §200.201(b)(3). If the required level of activity or effort was not carried out, the amount of the Contract must be adjusted. 5) Event of Default. Failure to comply with the Uniform Guidance or these Supplemental Provisions for Federal Awards shall constitute an event of default under the Contract pursuant to 2 CFR §200.339 and CDHS may terminate the Contract in accordance with the termination provisions in the Contract. 6) Close Out. Subrecipient shall close out this Contract within 90 days after the End Date. Contract close out entails submission to CDHS by Subrecipient of all documentation defined as a deliverable in this Contract, and Subrecipient's final reimbursement request CDHS shall withhold 5% of the allowable costs until all final project documentation has been submitted and accepted by State as substantially complete. If the project has not been closed by the Federal awarding agency within 1 year and 90 days after the End Date due to Subrecipient's failure to submit required documentation that CDHS has requested from Subrecipient, then Subrecipient may be prohibited from applying for new Federal awards through the State until such documentation has been submitted and accepted. 7) Erroneous Payments. The closeout of a Federal award does not affect the right of the Federal awarding agency or CDHS 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. EXHIBIT END Supplemental Provisions for Federal Awards Page 6 of 6 Issued 3/16/2016 Revised 11/18/2016 DocuSign Envelope ID: 561BACBE-AB35-4938-8C24-BB385D756E1E T VI 11V1\ LE TTER #3 State Agency Colorado Department of Human Services Option Letter Number 3 Contractor Original Contract Number Weld County, Colorado 21 IHEA 160180 Weld County Department of Human Services Weld County Area Agency on Aging Current Contract Maximum Amount Option Letter Contract Number Initial Term 23 IHEA 178823 09/01/20 to 06/30/21 $1,896,223.70 Contract Performance Beginning Date Extension Terms September 1, 2020 State Fiscal Year 2022 $3,274,101.54 Current Contract Expiration Date State Fiscal Year 2023 $3,091,570.41 June 30, 2023 GRAND TOTAL $8,261,895.65 1. OPTIONS: Option to change the quantity of Services under the Contract at the rates set by the Older Americans Act. 2. REQUIRED PROVISIONS: In accordance with Page 1, Paragraph Option on the Contract's Signature and Cover Page of the Original Contract referenced above, and Page 2, Section 5(E) of Amendment 1, the State hereby exercises its option to increase the quantity of the Services for State Fiscal Year (SFY) 2023 at the rates mandated by the Older Americans Act. The SFY 2023 funds are increased in the amount of $542,703.41, thereby raising the SFY 2023 funds from $2,548,867.00 to $3,091,570.41. 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. 3. OPTION EFFECTIVE DATE: The effective date of this Option Letter is upon approval of the State Controller. 4. Exhibit D-5 "Budget Funding", replaces previous Exhibit D-4 "Budget Funding" which is attached and incorporated by reference. 5. Exhibit E-5, "Supplemental Provisions for Federal Awards" replaces previous Exhibit E-4, which is attached and incorporated by reference. STATE OF COLORADO Jared Polis, Governor Colorado Department of Human Services Michelle Barnes, Executive Director EDocuSigned a Frsa�s a By: Yolanda ebb, ice Director Office of Community Access and Independence 12/5/2022 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 ,--DoouSigned by: By: Andrea tiitiMiTYNTWiiiiamson Colorado Department of Human Services Option Effective Date: 12/5/2022 Page 1 of 1 DowSign Envelope ID, 561 BACBE-AB35-4938-8C24 BB385D756E1E EXHIBIT D-5 BUDGET FUNDING REQUEST CONTRACT SFY 2023 FUNDING REQUEST TITLE III & TITLE VII & STATE FUNDING FOR SENIOR SERVICES WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF HUMAN SERVICES WELD COUNTY AREA AGENCY ON AGING REGION 2B JULY 1, 2022 TO JUNE 30, 2023 BUDGET FUNDING J. �.© J�F*'. `� • n£ , �i '� °'`�• ,,�� yy � �, t ,.�+, .*L y r^� . ASv�+C. }`` �7 �aba"� ` 1 f § t Y t . G tr 1 �°�'�'�J3"6 h� �} .₹t a I yiv, � �'p '"?�'`M s e`er' r +sue` 4`f'a '+q..� K �+ � t,�„a�P t d,�,�. �R�'f "'a "Y s � ''t 4 � s J i �'£ H. t e �E { �i a 44 � ae � a..^n J � 3 a„z' 5+t,. ,-t v .�iASAv'..tE F5 hyS �T '. ` �� & p .1 � �y , a �c 5`,41 �k nr S r L � c. ti �n�l��°a �'"' ,. Y. � : ?f � k , d' �ck.,.(ry TITLE In - Part B $259,998.00 $274,264.00 $88,330.52 $362,594.52 $279,717.00 $27,426.00 $929,735.52 TITLE III - Part Cl $345,798.00 $365,594.00 $311,199.22 $676,793.22 $367,176.00 $59,762.59 $1,449,529.81 TITLE III - Part C2 $180,597.00 $201,804.00 $62,044.60 $263,848.60 $213,116.00 $155,003.42 $812,565.02 TITLE III - Part D $18,386.00 $20,227.00 $3,971.51 $24,198.51 $20,096.00 $24,128.54 $86,809.05 TITLE III - Part E $109,874.00 $121,555.00 $95,533.96 $217,088.96 $125,905.00 $24,705.52 $477,573.48 State 1 Match $7,333.00 $7,403.00 $0.00 $7,403.00 $7,544.00 $0.00 $22,280.00 Federal Admin $95,231.00 $100,103.00 $185,671.81 $285,774.81 $104,240.00 $199,683.29 $684,929.10 TITLE VII - EA $2,174.00 $1,928.00 $3,962.30 $5,890.30 $2,000.00 $5,890.30 $15,954.60 TITLE VII - OMB $8,548.00 $10,368.00 $13,211.62 $23,579.62 $11,316.00 $22,528.53 $65,972.15 State Services $587,124.70 $1,125,520.00 $0.00 $1,125,520.00 51,132,588.00 $21,217.70 $2,866,450.40 State Admin $126,284.00 $125,058.00 $0.00 $125,058.00 $125,843.00 $2,357.52 $379,542.52 State Homestead $154,876.00 $140,717.00 $0.00 $140,717.00 $143,393.00 $0.00 $438,986.00 State Homestead Admin $0.00 $15,635.00 $0.00. $15,635.00 $15,933.00 $0.00 $31,568.00 $8,261,895.651 GRAND TOTAL $1,896,223.70 $2,510,176.00 $763,925.54 $3,274,101.54 $2,548,867.00 $542,703.41 PAGE 1 OF 1 DocuSign Envelope ID:al noGOLORADV Financial Services Dluis. of Contracts and Procurement EXHIBIT E-5 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 Unique Entity ID number: MKKXT9U9MTV5; iii. The Federal Award Identification Numbers (FAIN) are: Title III Part B — Supportive Services -2201 COOASS-02; Title III Part C 1 — Congregate Meals - 2201 COOACM-02; Title III Part C2 — Home Delivered Meals -2201 COOAHD-02; Title III Part D — Preventative Health - 2201 COOAPH-02; TITLE III Part E - National Family Caregiver Support Program - 2201 COOAFC-02; Title VII EA — Elder Abuse -2201 COOAEA-02; and Title VII Ombudsman — Ombudsman - 2201 COOAOM-02 iv. The Federal award date is October 1, 2021; v. The subaward period of performance start date is 10/01/2021 and end date is 09/30/2023; vi. Federal Funds: TOTAL AMOUNT OF CONTRACT AMOUNT OF TOTAL AMOUNT OF THE FEDERAL OR FISCAL FUNDING PART FEDERAL FUNDS FEDERAL FUNDS FUNDS AWARD YEAR OBLIGATED BY THIS OBLIGATED TO THE COMMITED TO CONTRACT SUBRECIPIENT SUBRECIPIENT BY CDHS 09/01/2020 TO 06/30/2023 FEDERAL PART B $27,426.00 $307,143.00 $929,735.52 09/01/2020 TO 06/30/2023 FEDERAL PART C-1 $59,762.59 $490,938.59 $1,449,529.81 09/01/2020 TO 06/30/2023 FEDERAL PART C-2 $155,003.42 $304,119.42 $812,565.02 09/01/2020 TO 06/30/2023 FEDERAL PART D $24,128.54 $44,224.54 $86,809.05 09101/2020 TO 06/30/2023 FEDERAL PART E $24,705.52 $150,610.52 $477,573.48 09/01/2020 TO 06/30/2023 FEDERAL ADMIN " $199,683.29 $303,923.29 $684,929.10 09/01/2020 TO 06/30/2023 FED ELDER ABUSE PREV. $5,890.30 $7,890.30 $15,954.60 09/01/2020 TO 06/30/2023 FEDERAL OMBUDSMAN $22,528.53 $33,844.53 $65,972.15 TOTAL $519.128.19 $1.642,694.19 $4.523,068.73 "Is comprised of 10%Federal Parts B, C-1, C-2, and E as authorized by the Older American's Act. Supplemental Provisions for Federal Awards Page 1of11 Revised December 2021 DocuSign Envelope ID: 561BACBE-AB35-4938-8C24-BB385D756E1E i. Federal award project description: Older Americans Act Title III — Grants for State and Community Programs on Aging and Older Americans Act Title VII — Allotments for Vulnerable Elder Rights Protection Activities; ii. 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 Percy Devine, 303.844.7815; iii. The Catalog of Federal Domestic Assistance (CFDA) numbers are: CONTRACT OR FISCAL YEAR 09/01/2020 TO 06/30/2023 PROGRAM TITLE TITLE III B SUPPORTIVE SERVICES GRANT # 2201COOASS-02 CFDA # 93.044 09/01/2020 TO 06/30/2023 TITLE III C1 CONGREGATE MEALS 2201COOACM-02 93.045 09/01/2020 TO 06/30/2023 TITLE III C2 HOME -DELIVERED MEALS 2201COOAHD-02 93.045 09/01/2020 TO 06/30/2023 TITLE III D PREVENTIVE HEALTH 2201COOAPH-02 93.043 09/01/2020 TO 06/30/2023 TITLE III E NFCSP 2201COOAFC-02 93.052 09/01/2020 TO 06/30/2023 TITLE VII ELDER ABUSE PREVENTION 2201COOAEA-02 93.041 09/01/2020 TO 06/30/2023 TITLE VII OMBUDSMAN 2201COOAOM-02 93.042 iv. This award is not for research & development; v. 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. 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 N/A. 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 16 of this Exhibit and Exhibit A. 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 11 Revised December 2021 DocuSign Envelope ID: 56lBACBE-AB35-4938-8C24-BB385D756E1E 1) Matching Funds If a box below is checked, the accompanying provision applies. Subrecipient is not required to provide matching funds. ii. X Subrecipient shall provide matching funds as stated in Exhibit A. 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 0111 Revised December 2021 DocuSign Envelope ID: 561BACBE-AB35-4938-8C24-BB385D756E1E 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. "Unique Entity ID number" or "UEI" is the Unique Entity ID number established by the federal government in the Unique Entity ID System to uniquely identify a business entity. For more, see: www.sam.gov. 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 11 Revised December 2021 DocuSign Envelope ID: 561BACBE-AB35-4938-8C24-BB385D756E1E 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. 1.1.2. "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. 1.1.3. "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 UEI Number" means the subrecipient parent organization's 12 -digit Unique Entity ID System (UEI) 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 11 Revised December 2021 DocuSign Envelope ID: 561BACBE-AB35-4938-8C24-BB385D756E1E 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 UNIQUE ENTITY ID SYSTEM (UED 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. UEI. Contractor/Grantee shall provide its UEI number to its Prime Recipient, and shall update Contractor's/Grantee's information in www.sam.gov 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 Supplemental Provisions for Federal Awards Page 6 of 11 Revised December 2021 DocuSign Envelope ID: 561BACBE-AB35-4938-8C24-BB385D756E1E 4.1.2.1. $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 4.1.2.2. 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 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. 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 UEI Number; 7.1.1.2. Subrecipient UEI Number if more than one electronic funds transfer (EFT) account; 7.1.1.3. Subrecipient parent's organization UEI 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 Supplemental Provisions for Federal Awards Page 7 of 11 Revised December 2021 DocuSign Envelope ID: 561BACBE-AB35-4938-8C24-BB385D756E1E 7.1.1.1. 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 UEI Number as registered in SAM. 7.1.2.2. 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 Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 9. 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 200.311-200332 (Requirements for pass -through entities), 2 CFR 200.300 (Statutory and national policy requirements) through 2 CFR 200309 (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. Supplemental Provisions for Federal Awards Page 8 of 11 Revised December 2021 DocuSign Envelope ID: 561BACBE-AB35-4938-8C24-BB385D756E1E 10.1.1. 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. 10.1.2. 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. Supplemental Provisions for Federal Awards Page 9 of 11 Revised December 2021 DocuSign Envelope ID: 561BACBE-AB35-4938-8C24-BB385D756E1E 11.1.1. 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. 11.1.2. 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. 11.1.3. 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 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. 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; Supplemental Provisions for Federal Awards Page 10 of 11 Revised December 2021 DocuSign Envelope ID: 561BACBE-AB35-4938-8C24-BB385D756E1E 14.2.1. 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; 14.2.2. 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 14.23. 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 11 of 11 Revised December 2021 DocuSign Envelope ID: 617176E7-4B54-4F86-9C1C-22AB09FDD504 Vl 11V1+ LETTER #1 State Agency Colorado Department of Human Services Option Letter Number 1 Contractor Weld County, Colorado Weld County Department of Human Services Weld County Area Agency on Aging Original Contract Number 21 IHEA 160180 Current Contract Maximum Amount Initial Term 09/01/20 to 06/30/21 $2,797,591.80 Extension Terms State Fiscal Year 2022 $2,510,176.00 GRAND TOTAL $5,307,767.80 Option Letter Contract Number 22 IHEA 169035 Contract Performance Beginning Date September 1, 2020 Current Contract Expiration Date June 30, 2022 1. OPTIONS: A. Option to extend for an Extension Term. B. Option to change the quantity of Services under the Contract 2. REQUIRED PROVISIONS: A. In accordance with Page 1, Paragraph Option on the Contract's Signature and Cover Page of the Original Contract referenced above, the State hereby exercises its option for an additional term, beginning July 1, 2021 and ending on the current contract expiration date shown above, at the rates stated in the Original Contract, as amended. B. In accordance with Page 1, Paragraph Option on the Contract's Signature and Cover Page of the Original Contract referenced above, the State hereby exercises its option to increase the quantity of the Services for State Fiscal Year (SFY) 2022 at the rates stated in the Original Contract, as amended. C. The State Fiscal Year (SFY) 2022 funds are increased in the amount of $2,510,176.00. 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. 3. OPTION EFFECTIVE DATE: The effective date of this Option Letter is upon approval of the State Controller or July 1, 2021, whichever is later. 4. The attached Revised Exhibit D Number 2 "Budget Funding", replaces previous Exhibit D, Number 1 "Budget Funding" which is attached and incorporated by reference, explains the changes made by the additional funding added to this contract period. 5. The attached Revised Exhibit E, Number 2, "Supplemental Provisions for Federal Awards" replaces previous Exhibit E, Number 1, "Supplemental Provisions for Federal Awards", which is attached and incorporated by reference explains the changes made by the additional funding added to this contract period. STATE OF COLORADO Jared Polis, Governor Colorado Department of Human Services Michelle Barnes, Executive Director DocuSigned by: 6n2B5G75^1c3d4D By: Yolanda Webb, Office Director Office of Community Access and Independence 6/17/2021 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: DocuSigned by: 2;*14: Wes,,, Andrea Eurich/JanetVIfI on Williams Colorado Department of Human Services 6/17/2021 Option Effective Date: CO - R J"O Go.- -;on,s ob / 21 /21 cc : HSD, AcTO3c/KD) obl (7I .( 2021-1608 HRoo93 Page 1 of 1 DocuSign Envelope ID 617176E7-4854-4F86-9C1C-22ABO9FDD504 EXHIBIT D-2 BUDGET FUNDING REQUEST CONTRACT SFY 2022 FUNDING REQUEST TITLE III & TITLE VII & STATE FUNDING FOR SENIOR SERVICES WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF HUMAN SERVICES WELD COUNTY AREA AGENCY ON AGING REGION 2B JULY 1, 2021 TO JUNE 30, 2022 BUDGET FUNDING SFY 22 FUNDING PART SFY 2021 FEDERAL AND STATE FUNDS TOTAL CONTRACT SFY 2021 CONTRACT AMENDMENT #1 ADDITIONAL FEDERAL FUNDS SFY 2022 OPTION #1 AND GRAND TOTAL LETTER FEDERAL STATE FUNDS TITLE III - PART B $259,998.00 $26,513.27 $274,264.00 $560,775.27 TITLE III - PART C1 $345,798.00 $128,004.85 $365,594.00 $839,396.85 TITLE III - PART C2 $180,597.00 ($20,000.0C $201,804.00 $362,401.00 TITLE III - PART D $18,386.00 $4,844.70 $20,227.00 $43,457.70 TITLE III - PART E $109,874.00 $53,156.52 $121,555.00 $284,585.52 STATE E MATCH $7,333.00 $0.00 $7,403.00 $14,736.00 FEDERAL ADMINISTRATION $95,231.00 $153,135.84 $100,103.00 $348,469.84 TITLE VII - EA $2,174.00 $2,139.00 $1,928.00 $6,241.00 TITLE VII - OMB $8,548.00 $4,145.62 $10,368.00 $23,061.62 STATE SERVICES $1,136,553.00 $0.00 $1,125,520.00 $2,262,073.00 STATE ADMINISTRATION $126,284.00 $0.00 $125,058.00 $251,342.00 HOMESTEAD ACT STATE SERVICES $139,388.00 $0.00 $140,717.00 $280,105.00 HOMESTEAD ACT ADMIN $15,488.00 $0.00 $15,635.00 $31.123.00 GRAND TOTAL $2,445,652.00 $351,939.80 $2,510,176.00 $5,307,767.80 PAGE 1 OF 1 DocuSign Envelope ID: 617176E7-4B54-4F86-9C1C-22AB09FDD504 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), the FFATA Supplemental Provisions shall control. 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; iii. The Federal Award Identification Number (FAIN) is: Title III Part B — Supportive Services - 2101 COOASS-01; Title III Part C1 — Congregate Meals - 2101COOACM-01; Title III Part C2 — Home Delivered Meals - 2101 COOAHD-01; Title III Part D - Preventative Health - 2101 COOAPH-01; TITLE III Part E - National Family Caregiver Support Program - 2101 COOAFC-01; Title VII EA — Elder Abuse - 2101 COOAEA-01; and Title VII Ombudsman — Ombudsman - 2101 COOAOM-01 iv. The Federal award date is October 1, 2020; v. The subaward period of performance start date is October 1, 2020 and end date is September 30, 2022; vi. Federal Funds available in SFY 2022: SFY 2021-2022 FUNDING PART FEDERAL SFY 2021-2022 FUNDS AVAILABLE FEDERAL FUNDS FFY 2020-2022 AVAILABLE SFY 2022 FEDERAL ADMIN * $100,103.00 * SFY 2022 FEDERAL PART B $274,264.00 $4,659,350.00 SFY 2022 FEDERAL PART C-1 $365,594.00 $6,089,592.00 SFY 2022 FEDERAL PART C-2 $201,804.00 $3,351,035.00 SFY 2022 FEDERAL PART D $20,227.00 $302,059.00 SFY 2022 FEDERAL PART E $121,555.00 $2,144,128.00 SFY 2022 FED ELDER ABUSE PREY. $1,928.00 $45,033.00 SFY 2022 FEDERAL OMBUDSMAN $10,368.00 $232,559.00 *Is comprised of 10% Federal Parts TOTAL B, C-1, C-2, and E as authorized by the Older $1,095,843.00 American's Act. $16,823,756.00 Supplemental Provisions for Federal Awards Page 1 of 6 Issued 3/16/2016 Revised 11/18/2016 DocuSign Envelope ID: 617176E7 -4B54 -4F86 -9C1 C-22AB09FDD504 vii. Federal award project description: Older Americans Act Title III — Grants for State and Community Programs on Aging and Older Americans Act Title VII — Allotments for Vulnerable Elder Rights Protection Activities; 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: SFY 2022 PROGRAM TITLE GRANT # CFDA # FFY 2020-2022 FEDERAL GRANT AWARD SFY 2022 SFY 2022 T TITLE III B SUPPORTIVE SERVICES 2101 COSSC6-00 TITLE III C1 CONGREGATE MEALS SFY 2022 SFY 2022 SFY 2022 SFY 2022 SFY 2022 TITLE III C2 HOME -DELIVERED MEALS TITLE III D PREVENTIVE HEALTH TITLE III E NFCSP TITLE VII ELDER ABUSE PREVENTION TITLE VII OMBUDSMAN 2101 COOACM-01 2101 COOAHD-01 2101 COOAPH-01 2101 COOAFC-01 93.044 93.045 93.045 93.043 93.052 $4,659,350.00 $6,089,592.00 $3,351,035.00 $302,059.00 $2,144,128.00 TOTAL TITLE III $16,546,164.00 2101 COOAEA-01 2101 COOAOM-01 93.041 93.042 TOTAL TITLE VII $45,033.00 $232,559.00 $277,592.00 GRAND TOTAL TITLE III AND TITLE VII $16,823,756.00 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. 1) 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. 2) 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. 3) Subrecipient's approved indirect cost rate is the Federally Approved Cost Allocation Plan.. 4) 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. 5) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 18 of this Exhibit and Exhibit A, Statement of Work. 6) 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 6 Issued 3/16/2016 Revised 11/18/2016 DocuSign Envelope ID: 617176E7-4B54-4F86-9C1C-22AB09FDD504 1) Matching Funds If a box below is checked, the accompanying provision applies. i. ❑ Subrecipient is not required to provide matching funds. ii. El 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. 2) Record Retention Period. The record retention period previously stated in this Contract is replaced with the record retention period prescribed in 2 CFR §200.333. 3) Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during Subrecipient's fiscal year, 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. i. Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance §200.514 (Scope of audit), except when it elects to have a program -specific audit conducted in accordance with §200.507 (Program -specific audits). 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 CDHS. A program - specific audit may not be elected for research and development unless all of the Federal Awards expended were received from CDHS and CDHS approves in advance a program -specific audit. ii. Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, 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. iii. Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for the audit required by Part 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 Uniform Guidance §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 2 CFR Part F -Audit Requirements Supplemental Provisions for Federal Awards Page 3 of 6 Issued 3/16/2016 Revised 11/18/2016 DocuSign Envelope ID: 617176E7-4B54-4F86-9C1C-22AB09FDD504 1) Contract Provisions. Subrecipient shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Contract: i. 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." "During the performance of this contract, the contractor agrees as follows: a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Supplemental Provisions for Federal Awards Page 4 of 6 Issued 3/16/2016 Revised 11/18/2016 DocuSign Envelope ID: 617176E7-4B54-4F86-9C1C-22AB09FDD504 a) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States." ii. 4.2 Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. iii. Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and 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," 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 awarding agency. iv. 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 award 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). Supplemental Provisions for Federal Awards Page 5 of 6 Issued 3/16/2016 Revised 11/18/2016 DocuSign Envelope ID: 617176E7-4B54-4F86-9C1C-22AB09FDD504 i. 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. ii. 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. 2) Compliance. Subrecipient shall comply with all applicable provisions of The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), including but not limited to these Supplemental Provisions for Federal Awards. Any revisions to such provisions automatically shall become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. CDHS may provide written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3) Procurement Procedures. Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof. 4) Certifications. Unless prohibited by Federal statutes or regulations, CDHS 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 CDHS at the end of the Contract that the project or activity was completed or the level of effort was expended. 2 CFR §200.201(b)(3). If the required level of activity or effort was not carried out, the amount of the Contract must be adjusted. 5) Event of Default. Failure to comply with the Uniform Guidance or these Supplemental Provisions for Federal Awards shall constitute an event of default under the Contract pursuant to 2 CFR §200.339 and CDHS may terminate the Contract in accordance with the termination provisions in the Contract. 6) Close Out. Subrecipient shall close out this Contract within 90 days after the End Date. Contract close out entails submission to CDHS by Subrecipient of all documentation defined as a deliverable in this Contract, and Subrecipient's final reimbursement request. CDHS shall withhold 5% of the allowable costs until all final project documentation has been submitted and accepted by State as substantially complete. If the project has not been closed by the Federal awarding agency within 1 year and 90 days after the End Date due to Subrecipient's failure to submit required documentation that CDHS has requested from Subrecipient, then Subrecipient may be prohibited from applying for new Federal awards through the State until such documentation has been submitted and accepted. 7) Erroneous Payments. The closeout of a Federal award does not affect the right of the Federal awarding agency or CDHS 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. EXHIBIT END Supplemental Provisions for Federal Awards Page 6 of 6 Issued 3/16/2016 Revised 11/18/2016 Hello