HomeMy WebLinkAbout20240199.tiffRESOLUTION
RE: APPROVE 2024-2026 INTERGOVERNMENTAL GRANT AGREEMENT SUMMARY OF
TERMS AND CONDITIONS FOR COMMUNITY SERVICES BLOCK GRANT (CSBG)
PROGRAM
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a 2024-2026 Intergovernmental Grant
Agreement Summary of Terms and Conditions for the Community Services Block Grant (CSBG)
Program between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and the
Colorado Department of Local Affairs, commencing January 1, 2024, and ending September 30,
2027, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the 2024-2026 Intergovernmental Grant Agreement Summary of Terms
and Conditions for the Community Services Block Grant (CSBG) Program between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Human Services, and the Colorado Department of Local Affairs, be,
and hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of January, A.D., 2024, nunc pro tunc January 1, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO
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Weld County Clerk to the Board
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Date of signature:
Ke� Ross, Chair
Perry L.
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Mike Freeman
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02.123/24-1
2024-0199
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
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PASS -AROUND TITLE: Intergovernmental Grant Agreement Summary of Terms and Conditions between
Weld County Department of Human Service and Colorado Department of Local Affairs
DEPARTMENT: Human Services DATE: January 16, 2024
PERSON REQUESTING: Jamie Ulrich, Director, Human Services
Brief description of the problem/issue: On September 27, 2023, the Board approved the Department's
application submission for the 2024-2026 Community Services Block Grant (CSBG) to the State Department of
Local Affairs, known as Tyler ID# 2023-2858. The Community Services Block Grant provides funds to alleviate
the causes and conditions of poverty in communities. CSBG federal objectives include employment, education,
income management, housing, emergency services, nutrition, linkages with other programs, self-sufficiency, and
health.
As a result of this grant submission, the Department was notified and awarded funding through an
Intergovernmental Grant Agreement (IGA) Summary of Terms and Conditions. This IGA does not require
Board signature and at this time the Department is requesting approval of this IGA and to dispense the IGA
funds as appropriate.
What options exist for the Board?
Approval of the IGA between WCDHS and DOLA and to dispense funds as appropriate.
Deny approval of the IGA between WCDHS and DOLA and not dispense funds.
Consequences: WCDHS will not receive the CSBG funding award from DOLA.
Impacts: WCDHS will not have the funding to continue to provide the programs and services to the
residents of Weld County that help alleviate the causes and conditions of poverty in our communities.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• Total Grant Award = $34,689.00
• Funded through the Community Service Block Grant (CSBG)
• Term: January 1, 2024 through September 30, 2027
Recommendation:
• Approval of the Intergovernmental Grant Agreement (No signature is required) and approval to dispense
the awarded funding as appropriate.
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Pass -Around Memorandum; January 16, 2024 - CMS ID 7741 2024-0199
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DocuSign Envelope ID: 6610F1B9-4904-4142-8366-8310A5E6ED86
State of Colorado Intergovernmental Grant Agreement
SUMMARY OF TERMS AND CONDITIONS
State Agency
Department of Local Affairs
DLG Portal Number CMS #
CSBG-24-027 188029
Grantee
Weld County
Grant Award Amount
$34,689.00
Project Number and Name
CSBG 24-027 - Weld County 2024-2026
Performance Start Date Grant Expiration Date
The later of the Effective Date or
January 1, 2024 September 30, 2027
Project Description
The Project consists of providing programs and services to
address poverty in Colorado.
Program Name
Community Services Block Grant ( CSBG )
Funding Source
FEDERAL FUNDS
Catalog of Federal Domestic Assistance (CFDA) Number
93.569
DOLA CSBG Program Manager
Alex Diaz, (303) 864-8423, (alex.diaz@state.co.us)
Funding Account Code
CTGG1 NLAA 202400003175
DOLA CSBG Program Assistant
Becky Saad, (303) 864-7894, (becky.saad@state.co.us)
VCUST# Address
14294 Code CN001 EFT
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER
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By: Audrey Field, Financial Assistance Manager
Federal Programs
Date: 12/28/2023 111:38 PM MST
STATE OF COLORADO
Jared S. Polis, Govemor
DEPARTMENT OF LOCAL AFFAIRS
Maria De Cambra, Executive Director
by:
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0920A67707B9482...
By: Maria De Cambra, Executive Director
Date: 12/29/2023 I 9:37 AM MST
In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
ocuSlgned by:
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90ACD88A721474...
By: Beulah Messick, Controller Delegate
Department of Local Affairs
Effective Date: 12/29/2023 I 5: 59 PM MST
DocuSign Envelope ID: 661BF1B9-49O4-4142-8366-8310A5E6ED86
CSBG 24-027 - Weld County 2024-2026
TERMS AND CONDITIONS
1. GRANT
As of the Performance Start Date, the State Agency shown on the Summary of Terms and
Conditions page of this Intergovernmental Grant Agreement (the "State") hereby obligates and
awards to Grantee shown on the Summary of Terms and Conditions page of this Intergovernmental
Grant Agreement (the "Grantee") an award of Grant Funds in the amount shown on the Summary
of Terms and Conditions page of this Intergovernmental Grant Agreement. By accepting the Grant
Funds provided under this Intergovernmental Grant Agreement, Grantee agrees to comply with the
terms and conditions of this Intergovernmental Grant Agreement and requirements and provisions
of all Exhibits to this Intergovernmental Grant Agreement.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Intergovernmental Grant Agreement shall
commence on the Performance Start Date and shall terminate on the Grant Expiration Date
unless sooner terminated or further extended in accordance with the terms of this
Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole
discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee
with an updated Intergovernmental Grant Agreement or an executed Option Letter showing
the new Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Intergovernmental Grant Agreement to serve the public interest
of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this
Intergovernmental Grant Agreement ceases to further the public interest of the State or if
State, Federal or other funds used for this Intergovernmental Grant Agreement are not
appropriated, or otherwise become unavailable to fund this Intergovernmental Grant
Agreement, the State, in its discretion, may terminate this Intergovernmental Grant
Agreement in whole or in part by providing written notice to Grantee. If the State terminates
this Intergovernmental Grant Agreement in the public interest, the State shall pay Grantee an
amount equal to the percentage of the total reimbursement payable under this
Intergovernmental Grant Agreement that corresponds to the percentage of Work satisfactorily
completed, as determined by the State, less payments previously made. Additionally, the
State, in its discretion, may reimburse Grantee for a portion of actual, out- of -pocket expenses
not otherwise reimbursed under this Intergovernmental Grant Agreement that are incurred by
Grantee and are directly attributable to the uncompleted portion of Grantee's obligations,
provided that the sum of any and all reimbursements shall not exceed the maximum amount
payable to Grantee hereunder. This subsection shall not apply to a termination of this
Intergovernmental Grant Agreement by the State for breach by Grantee.
C. Grantee's Termination Under Federal Requirements
Grantee may request termination of this Grant by sending notice to the State, or to the Federal
Awarding Agency with a copy to the State, which includes the reasons for the termination
and the effective date of the termination. If this Grant is terminated in this manner, then
Grantee shall return any advanced payments made for work that will not be performed prior
to the effective date of the termination.
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CSBG 24-027 - Weld County 2024-2026
3. AUTHORITY
Authority to enter into this Intergovernmental Grant Agreement exists in the law as follows:
A. Federal Authority
This Intergovernmental Grant Agreement is funded, in whole or in part, with Federal funds
made available pursuant to the Community Services Block Grant (42 U.S.C. 9901 et seq.).
Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have
been budgeted, appropriated and otherwise made available and a sufficient unencumbered
balance thereof remains available for payment. Required approvals, clearance and
coordination have been accomplished from and with appropriate agencies.
B. Reserved.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget" means the budget for the Work described in Exhibit B.
B. "Business Day" means any day on which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1) C.R.S.
C. "CJI" means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including, without limitation, all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under §24-72-302 C.R.S.
D. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S.
E. "Exhibits" means the following exhibits attached to this Intergovernmental Grant
Agreement:
i. Exhibit B, Scope of Project;
ii. Exhibit C, Federal Provisions;
iii. Exhibit G, Form of Option Letter; and
iv. Exhibit I, Federal Tax Information.
F. "Extension Term" means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Intergovernmental Grant Agreement
G. "Federal Award" means an award of Federal financial assistance or a cost -reimbursement
contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the
Recipient. "Federal Award" also means an agreement setting forth the terms and conditions
of the Federal Award. The term does not include payments to a contractor or payments to an
individual that is a beneficiary of a Federal program.
H. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient. The U.S. Department of Health & Human Services, Administration for Children
& Families, Office of Community Services ("OCS") is the Federal Awarding Agency for the
Federal Award which is the subject of this Grant.
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CSBG 24-027 - Weld County 2024-2026
I. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Intergovernmental Grant Agreement and shall include any movable material
acquired, produced, or delivered by Grantee in connection with the Services.
J. "Grant" or "Intergovernmental Grant Agreement" means this letter which offers Grant
Funds to Grantee, including all attached Exhibits, all documents incorporated by reference,
all referenced statutes, rules and cited authorities, and any future updates thereto.
K. "Grant Expiration Date" means the Grant Expiration Date shown on the Summary of Terms
and Conditions page of this Intergovernmental Grant Agreement. Work performed after the
Grant Expiration Date is not eligible for reimbursement from Grant Funds.
L. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Intergovernmental Grant
Agreement.
M. "Incident" means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any State Records.
N. "Initial Term" means the time period between the Performance Start Date and the initial
Grant Expiration Date.
O. Reserved.
P. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
Q. "Performance Start Date" means the later of the Performance Start Date or the Effective
Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant
Agreement.
R. "PCI" means payment card information including any data related to credit card holders'
names, credit card numbers, or the other credit card information as may be protected by state
or federal law.
S. "PII" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual's identity, such as name, social security number, date and place of birth,
mother's maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §24-72-501 and 24-73-101 C.R.S. "PII" shall also mean "personal
identifying information" as set forth at § 24-74-102, et seq., C.R.S.
T. "PHI" means any protected health information, including, without limitation any information
whether oral or recorded in any form or medium: (i) that relates to the past, present or future
physical or mental condition of an individual; the provision of health care to an individual;
or the past, present or future payment for the provision of health care to an individual; and
(ii) that identifies the individual or with respect to which there is a reasonable basis to believe
the information can be used to identify the individual. PHI includes, but is not limited to, any
information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
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U. "Recipient" means the State Agency shown on the first page of this Intergovernmental Grant
Agreement, for the purposes of the Federal Award.
V. "Services" means the services performed by Grantee as set forth in this Intergovernmental
Grant Agreement, and shall include any services rendered by Grantee in connection with the
Goods.
W. "State Confidential Information" means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, CJI, PCI,
PHI, PII, Tax Information, and State personnel records not subject to disclosure under CORA.
State Confidential Information shall not include information or data concerning individuals
that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Grantee which (i) is subject to
disclosure pursuant to CORA; (ii) is already known to Grantee without restrictions at the time
of its disclosure to Grantee; (iii) is or subsequently becomes publicly available without breach
of any obligation owed by Grantee to the State; (iv) is disclosed to Grantee, without
confidentiality obligations, by a third party who has the right to disclose such information; or
(v) was independently developed without reliance on any State Confidential Information.
X. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
Y. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
Z. "State Records" means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
AA. "Sub -Award" means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded
in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow
down to this Sub -Award unless the terms and conditions of the Federal Award specifically
indicate otherwise.
BB. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub -grantees.
CC. Subrecipient" means a state, local government, Indian tribe, institution of higher education
(IHE), or nonprofit organization entity that receives a Sub -Award from a Recipient to carry
out part of a Federal program, but does not include an individual that is a beneficiary of such
program. A Subrecipient may also be a recipient of other Federal Awards directly from a
Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient.
DD. "Tax Information" means Federal and State of Colorado tax information including, without
limitation, Federal and State tax returns, return information, and such other tax -related
information as may be protected by Federal and State law and regulation. Tax Information
includes, but is not limited to all information defined as Federal tax information in Internal
Revenue Service Publication 1075.
EE. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200,
commonly known as the "Super Circular, which supersedes requirements from OMB
Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular
A-50 on Single Audit Act follow-up.
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FF. "Work" means the delivery of the Goods and performance of the Services described in this
Intergovernmental Grant Agreement.
GG. "Work Product" means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. "Work
Product" does not include any material that was developed prior to the Performance Start
Date that is used, without modification, in the performance of the Work.
Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall
be construed and interpreted as defined in that Exhibit.
5. PURPOSE
The Community Services Block Grant (CSBG) provides funds to alleviate the causes and
conditions of poverty in communities. The purpose of this Grant is described in Exhibit B.
6. STATEMENT OF WORK
Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and in
accordance with the provisions of Exhibit B. The State shall have no liability to compensate or
reimburse Grantee for the delivery of any goods or the performance of any services that are not
specifically set forth in this Intergovernmental Grant Agreement.
7. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Total Grant Amount
shown on the Summary of Terms and Conditions page of this Intergovernmental Grant
Agreement. Financial obligations of the State payable after the current State Fiscal Year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available. The State shall not be liable to pay or reimburse Grantee for any Work performed
or expense incurred before the Performance Start Date or after the Grant Expiration Date;
provided, however, that Work performed and expenses incurred by Grantee before the
Performance Start Date that are chargeable to an active Federal Award may be submitted for
reimbursement as permitted by the terms of the Federal Award. The State may increase or
decrease the Grant Award Amount by providing Grantee with an updated Intergovernmental
Grant Agreement or an executed Option Letter showing the new Grant Award Amount.
B. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency
or the State to disallow costs and recover funds on the basis of a later audit or other review.
Any cost disallowance recovery is to be made within the Record Retention Period, as defined
below.
C.
D.
Reserved
Reimbursement of Grantee Costs
The State shall reimburse Grantee's allowable costs, not exceeding the maximum total
amount described in this Intergovernmental Grant Agreement for all allowable costs
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described in this Intergovernmental Grant Agreement and shown in the Budget in Exhibit B.
The State shall reimburse Grantee for the Federal share of properly documented allowable
costs related to the Work after the State's review and approval thereof, subject to the
provisions of this Grant. The State shall only reimburse allowable costs if those costs are: (i)
reasonable and necessary to accomplish the Work and for the Goods and Services provided;
and (ii) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value
received by Grantee that reduce the cost actually incurred).
E. Close -Out
Grantee shall close out this Grant within 90 days after the Grant Expiration Date. To complete
close out, Grantee shall submit to the State all deliverables (including documentation) as
defined in this Intergovernmental Grant Agreement and Grantee's final reimbursement
request or invoice. If the Federal Awarding Agency has not closed this Federal Award within
1 year and 90 days after the Grant Expiration Date 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. Any Grant Funds
remaining after submission and payment of Grantee's final reimbursement request are subject
to de -obligation by the State.
F. Erroneous Payments
The State may recover, at the State's discretion, payments made to Grantee in error for any
reason, including, but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Grantee. The State may recover such payments by deduction
from subsequent payments under this Intergovernmental Grant Agreement, deduction from
any payment due under any other contracts, grants or agreements between the State and
Grantee, or by any other appropriate method for collecting debts owed to the State.
8. REPORTING - NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out described in §7.E.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State and the Federal Awarding
Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal Award. The State or the Federal Awarding
Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31
U.S.C. 3321, which may include, without limitation, suspension or debarment.
9. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
all such records during normal business hours at Grantee's office or place of business, unless
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the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Intergovernmental
Grant Agreement using procedures as determined by the State. Grantee shall allow the State
to perform all monitoring required by the Uniform Guidance, based on the State's risk
analysis of Grantee. The State shall have the right, in its sole discretion, to change its
monitoring procedures and requirements at any time during the term of this Agreement. The
State shall monitor Grantee's performance in a manner that does not unduly interfere with
Grantee's performance of the Work. If Grantee enters into a subcontract or subgrant with an
entity that would also be considered a Subrecipient, then the subcontract or subgrant entered
into by Grantee shall contain provisions permitting both Grantee and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
C. Audits
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee's records that relates to or affects this Grant or the Work, whether the
audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform
a single audit under 2 CFR 200.501, et seq., then Grantee shall submit a copy of the results
of that audit to the State within the same timelines as the submission to the federal
government.
10. CONFIDENTIAL INFORMATION -STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee's own benefit, publish, copy,
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this
Intergovernmental Grant Agreement. Grantee shall provide for the security of all State
Confidential Information in accordance with all policies promulgated by the Colorado Office
of Information Security and all applicable laws, rules, policies, publications, and guidelines.
If Grantee or any of its Subcontractors will or may receive the following types of data,
Grantee or its Subcontractors shall provide for the security of such data according to the
following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information
and in accordance with the Safeguarding Requirements for Federal Tax Information attached
to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security
Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued
version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy for all CJI, and (iv) the federal Health Insurance
Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement
attached to this Grant, if applicable. Grantee shall immediately forward any request or
demand for State Records to the State's principal representative.
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B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Intergovernmental Grant Agreement. Grantee shall ensure all such
agents, employees, assigns, and Subcontractors sign nondisclosure agreements with
provisions at least as protective as those in this Grant, and that the nondisclosure agreements
are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Grantee shall provide copies of those signed nondisclosure
restrictions to the State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee
shall provide for the security of such PII, in a manner and form acceptable to the State,
including, without limitation, State non -disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Grantee shall be a
"Third -Party Service Provider" as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as
set forth in §24-74-102, et seq., C.R.S., Grantee, including, but not limited to, Grantee's
employees, agents and Subcontractors, agrees not to share any PII with any third parties for
the purpose of investigating for, participating in, cooperating with, or assisting with Federal
immigration enforcement. If Grantee is given direct access to any State databases containing
PII, Grantee shall execute, on behalf of itself and its employees, a certification on an annual
basis that Grantee shall not to share any PII with any third parties for the purpose of
investigating for, participating in, cooperating with, or assisting with Federal immigration
enforcement. Grantee's duty and obligation to certify shall continue as long as Grantee has
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direct access to any State databases containing PII. If Grantee uses any Subcontractors to
perform services requiring direct access to State databases containing PII, the Grantee shall
require such Subcontractors to execute and deliver the certification to the State on an annual
basis, so long as the Subcontractor has access to State databases containing PII.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State's interests and absent the State's prior written approval, Grantee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee's obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State's consideration. Grantee acknowledges that all State employees are subject to the ethical
principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees
may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant.
12. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
13. REMEDIES
In addition to any remedies available under any Exhibit to this Intergovernmental Grant
Agreement, if Grantee fails to comply with any term or condition of this Grant or any terms of the
Federal Award, the State may terminate some or all of this Grant and require Grantee to repay any
or all Grant Funds to the State in the State's sole discretion. The State may also terminate this
Intergovernmental Grant Agreement at any time if the State has determined, in its sole discretion,
that Grantee has ceased performing the Work without intent to resume performance, prior to the
completion of the Work.
14. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as required or permitted by federal regulations
related to any Federal Award that provided any of the Grant Funds, disputes concerning the
performance of this Grant that cannot be resolved by the designated Party representatives shall be
referred in writing to a senior departmental management staff member designated by the State and
a senior manager or official designated by Grantee for resolution.
15. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered either in
hard copy or by email to the representative of the other Party. Either Party may change its principal
representative or principal representative contact information by notice submitted in accordance
with this §15.
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16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
17. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions, committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C.
Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501,
et seq. C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, or
protections of any of these provisions.
18. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee's rights and
obligations approved by the State shall be subject to the provisions of this Intergovernmental
Grant Agreement.
B. Captions and References
The captions and headings in this Intergovernmental Grant Agreement are for convenience
of reference only, and shall not be used to interpret, define, or limit its provisions. All
references in this Intergovernmental Grant Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections,
subsections, exhibits or other attachments contained herein or incorporated as a part hereof,
unless otherwise noted.
C. Entire Understanding
This Intergovernmental Grant Agreement represents the complete integration of all
understandings between the Parties related to the Work, and all prior representations and
understandings related to the Work, oral or written, are merged into this Intergovernmental
Grant Agreement.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Intergovernmental Grant Agreement, which shall be effective if Grantee accepts Grant Funds
following receipt of the updated letter. The Parties may also agree to modification of the
terms and conditions of the Grant in either an option letter or a formal amendment to this
Grant, properly executed and approved in accordance with applicable Colorado State law and
State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Intergovernmental Grant Agreement to a statute, regulation, State Fiscal
Rule, fiscal policy or other authority shall be interpreted to refer to such authority then
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current, as may have been changed or amended since the Performance Start Date. Grantee
shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect
or hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Agreement by reference.
G. Order of Precedence
In the event of a conflict or inconsistency between this Intergovernmental Grant Agreement
and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference
to the documents in the following order of priority:
i. Exhibit C, Federal Provisions;
ii. Colorado Special Provisions in §19 of the main body of this Grant;
iii. Any executed Option Letter or Amendment;
iv. The provisions of the other sections of the main body of this Intergovernmental Grant
Agreement;
v. Exhibit B, Statement of Work; and
vi. Exhibit I, Federal Tax Information.
H. Severability
The invalidity or unenforceability of any provision of this Intergovernmental Grant
Agreement shall not affect the validity or enforceability of any other provision of this
Intergovernmental Grant Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under the Grant in accordance with
the intent of the Grant.
Survival of Certain Intergovernmental Grant Agreement Terms
Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a
Party after termination or expiration of the Grant shall survive the termination or expiration
of the Grant and shall be enforceable by the other Party.
J. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above, this
Intergovernmental Grant Agreement does not and is not intended to confer any rights or
remedies upon any person or entity other than the Parties. Any services or benefits which
third parties receive as a result of this Grant are incidental to the Grant, and do not create any
rights for such third parties.
K. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this
Intergovernmental Grant Agreement, whether explicit or by lack of enforcement, shall not
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operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege
preclude any other or further exercise of such right, power, or privilege.
L. Accessibility
i. Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of
1973, as amended.
ii. Grantee shall comply with and the Work Product provided under this Agreement shall
be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability, as established by OIT
pursuant to Section §24-85-103 (2.5), C.R.S. Grantee shall also comply with all State
of Colorado technology standards related to technology accessibility and with Level
AA of the most current version of the Web Content Accessibility Guidelines
(WCAG), incorporated in the State of Colorado technology standards.
iii. The State may require Grantee's compliance to the State's Accessibility Standards to
be determined by a third party selected by the State to attest to Grantee's Work Product
and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to Section
§24-85-103 (2.5), C.R.S.
M. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit C at all times during the
term of this Grant.
19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
A. STATUTORY APPROVAL. §24-30-202(1) C.R.S.
This Intergovernmental Grant Agreement shall not be valid until it has been approved by the
Colorado State Controller or designee. If this Intergovernmental Grant Agreement is for a
Major Information Technology Project, as defined in §24-37.5-102(2.6), then this
Intergovernmental Grant Agreement shall not be valid until it has been approved by the
State's Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5) C.R.S.
Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the
Parties, its departments, boards, commissions committees, bureaus, offices, employees and
officials shall be controlled and limited by the provisions of the Colorado Governmental
Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI,
Ch. 171 and 28 U.S.C. 1346(b), and the Parties' risk management statutes, §§24-30-1501, et
seq. C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections, or other provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR
Grantee shall perform its duties hereunder as an independent Grantee and not as an employee.
Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or
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employee of the State. Grantee shall not have authorization, express or implied, to bind the
State to any agreement, liability, or understanding, except as expressly set forth herein.
Grantee and its employees and agents are not entitled to unemployment insurance or
workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head
taxes incurred pursuant to this Intergovernmental Grant Agreement. Grantee shall (a)
provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law, (b) provide proof thereof when requested by
the State, and (c) be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Intergovernmental Grant Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules,
and regulations shall be null and void. All suits or actions related to this Intergovernmental
Grant Agreement shall be filed and proceedings held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Intergovernmental Grant Agreement that requires the State to
indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits
Grantee's liability for damages resulting from death, bodily injury, or damage to tangible
property; or that conflicts with this provision in any way shall be void ab initio. Nothing in
this Intergovernmental Grant Agreement shall be construed as a waiver of any provision of
§24-106-109 C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Intergovernmental Grant Agreement shall not
be used for the acquisition, operation, or maintenance of computer software in violation of
federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and
warrants that, during the term of this Intergovernmental Grant Agreement and any extensions,
Grantee has and shall maintain in place appropriate systems and controls to prevent such
improper use of public funds. If the State determines that Grantee is in violation of this
provision, the State may exercise any remedy available at law or in equity or under this
Intergovernmental Grant Agreement, including, without limitation, immediate termination of
this Intergovernmental Grant Agreement and any remedy consistent with federal copyright
laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and
24-50-507 C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Intergovernmental
Grant Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect,
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that would conflict in any manner or degree with the performance of Grantee's services and
Grantee shall not employ any person having such known interests.
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EXHIBIT B — SCOPE OF PROJECT (SOP)
1. PURPOSE
1.1. Community Services Block Grant. Weld County ("Grantee"), itself or through subawards, shall
provide assistance or services from the following list of Federal Objective(s) for the Community
Services Block Grant (CSBG) program
® Employment
❑ Education and Cognitive Development
❑ Income, Infrastructure, and Asset Building
® Housing
® Health and Social/Behavioral Development (includes Nutrition)
❑ Civic Engagement and Community Involvement
Services Supporting Multiple Domains
❑ Linkages (e.g. partnerships that support multiple domains)
® Agency Capacity Building
❑ Other (e.g. emergency management/disaster relief)
2. DESCRIPTION OF THE PROJECT(S) AND WORK
2.1. Project Description. The Project consists of providing programs and services to address poverty in
Colorado.
2.2. Service Area. The performance of the Work described within this Grant shall be located in Weld
County.
3. DEFINITIONS
All terms not defined in this Exhibit B shall have the meaning given in the main body of the Grant.
3.1. "Administrative Costs" means costs that are incurred for common objectives that benefit multiple
programs administered by the grantee organization, or the organization as a whole, and as such are not
readily assignable to a particular program funding stream.
3.2. "Direct Costs" means costs that can be specifically identified with delivery of a particular project,
service, or activity undertaken by a grantee to achieve an outcome intended by the funding program. .
3.3. "De minimis" means an alternative method of calculating an indirect rate. It permits any non -Federal
entity that has never received a federally negotiated indirect cost rate, except for those non -Federal
entities described in Appendix VII to 45 C.F.R Part 75 - States and Local Government and Indian
Tribe Indirect Cost Proposals, paragraph D.1.b, to elect to charge a de minimis rate of 10% of
modified total direct costs (MTDC).
3.4. "Indirect Cost Rate" means a device for determining in a reasonable manner the proportion of indirect
costs each program should bear. It is the ratio (expressed as a percentage) of the indirect costs to a
direct cost base.
3.5. "Direct Personnel and Fringe Benefits" means personnel compensation and fringe benefits for
employees of the Grantee as allowed and described in Sections 430-431 of C.F.R Part 75.
3.6. "Direct Operating — Travel and Training" means costs that are associated travel, training, and agency
capacity building, including but not limited to, conference registration fees, mileage costs for Grantee
employees, and airline fares.
3.7. "Direct Operating — Supplies" means all tangible property less than $5,000 or the capitalization level
established by the Grantee for financial statement purposes, as defined in Subpart A of C.F.R Part 75.
This excludes goods or services purchased for clients.
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3.8. "Direct Operating — Facilities and Administration" means costs including, rent, utilities, IT costs,
maintenance costs, and other costs necessary for the operations of the grant.
3.9. "Direct Services" means programs or services provided by the Grantee directly to clients
3.10. "Subrecipients/Subcontractors" means subawards or contracts from the Grantee to a separate entity to
carry out a part of a Federal program or for property or services.
4. PROJECT BUDGET
4.1. The State's obligation is limited to the unpaid obligated Grant Funds amount that have not expired.
The Grantee may use such Grant Funds for any of the Services specified in this Project Budget up to
the maximum amount specified for such activity on this Project Budget:
4.1.1. Project Budget
Funding Type
Budget
Line If
FFY (specify expiration date) '
Amount
Formulaic
2024
1
Program Year 2024 - FORM - (1/1/2024 - 9/30/2025)
- (CS2427)
$34,689
TOTAL
$34,689
5. PAYMENT, FUNDING AND ELIGIBLE EXPENSES
5.1. The maximum amount payable under this Grant to Grantee by the State for Work performed is limited
solely to the amount specified in §7(A) as Total Grant Amount. Grantee agrees to expend Grant
Funds by the specified expiration date(s).
5.2. Payment Schedule. Grantee shall submit a request for reimbursement for grantee and all
subrecipients, at a minimum, on a quarterly basis. All requests shall be for eligible expenses, as
described in §5.5 below, and in accordance with §4 Project Budget, using the State -provided form and
accompanied by supporting documentation equal to 100% of reimbursement request.
5.3. Matching/Other Funds. Matching funds are not required for this Grant.
5.4. Indirect Cost Rate. (mark one)
❑ Federally negotiated rate
❑ De minimis (10%)
No Indirect Cost Rate (grantee may cost allocate administrative costs/expenses)
5.5. Eligible Expenses. Expenses eligible for reimbursement under this Grant Award include the
following:
® Direct Personnel and Fringe Benefits
® Direct Operating — Travel and Training
Direct Operating — Supplies
® Direct Operating — Facilities and Administration
® Direct Operating — Services (does not include subrecipients)
❑ Direct Operating — Other
❑ Subrecipients / Subcontractors
❑ Indirect Cost Rate — Federally Negotiated (documentation of rate MUST be provided)
❑ Indirect Cost Rate — 10% de minimis rate
6. PERSONNEL
6.1. Replacement. Grantee shall immediately notify the State if any personnel specified in §6 of this
Exhibit B cease to serve. If Grantee replaces its named personnel, it shall notify the State in writing of
the change, who the replacement is, and the effective date of the change.
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6.2. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of
Jamie Ulrich, Director, (ulrichii(&,weldgov.com), an employee or agent of Grantee, who is hereby
designated as the responsible administrator of this Project under this §6. If this person is an agent of
the Grantee, such person must have signature authority to bind the Grantee and must provide evidence
of such authority.
6.3. Other Personnel. None.
7. ADMINISTRATIVE REQUIREMENTS
7.1. Accounting. Grantee shall maintain properly segregated accounts of Grant Funds and other funds
associated with the Project and make those records available to the State upon request. All receipts
and expenditures associated with the Project shall be documented in a detailed and specific manner, in
accordance with the Project Description and Budget.
7.2. Applicant/Participant Privacy. Grantee must establish internal policies to protect the privacy of
applicants and participants. Paper records must be secured and access to records limited to
appropriate staff. Electronic records must also be protected with access limited to appropriate staff.
7.3. Fraud. The U.S. Government Accountability Office (GAO) maintains FraudNet, a system for
reporting allegations of fraud, waste and abuse under Federal grants and cooperative agreements. To
report the possible misuse of Federal funds, the e-mail address is fraudnet@gao.gov, the fax number
is 202-512-3086 and the mailing address is GAO, FraudNet, 441 G Street N.W., Washington, D.C.
20548.
7.4. Grant Modification. Any modifications of this Grant shall be in accordance with §18(D) of the Grant
Award Letter Terms and Conditions.
7.5. Compliance with CSBG Program Requirements. Grantee agrees to comply with all requirements
contained in the Community Services Block Grant Act and any subsequent amendment and/or
reauthorization, any and all program requirements mandated by the Federal Awarding Agency and/or
the State, and all requirements detailed in Exhibit C.
7.6. Reporting. Grantee shall submit the required reports to DOLA using the State -provided forms. A list
of the required reports, report templates, and due dates are posted to the DOLA CSBG Grantee
Resources Page (https://dlg.colorado.gov/community-services-block-grant-csbg). DOLA may
withhold payment(s) if such reports are not submitted timely.
7.7. Monitoring. The State shall monitor this Grant through review of submitted reports, sub -awards, and
other documents as necessary or may also conduct on -site monitoring of the Grantee and/or
Subrecipient, if applicable, to determine whether performance goals, administrative standards,
financial management and other requirements of the CSBG Act and this Grant have been met.
7.8. Subrecipient Monitoring. Grantee shall monitor Subrecipient(s) annually during the term of this
Grant. Documentation of monitoring results must be made available to the State upon request.
7.9. Mileage Reimbursement Protocol. Mileage reimbursements, when allowable, are capped at the per -
mile rate approved by the IRS at the time of travel.
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EXHIBIT C - FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or
in part, with an Award of Federal funds. In the event of a conflict between the
provisions of these Federal Provisions, the body of the Grant, or any attachments or
exhibits incorporated into and made a part of the Grant, the provisions of these Federal
Provisions shall control.
1.2 These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal
or State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the
meanings ascribed to them below.
2.1.1. "Award" means an award of Federal financial assistance, and the Grant setting forth
the terms and conditions of that financial assistance, that a non -Federal Entity
receives or administers.
2.1.2. "Entity" means:
2.1.2.1. a Non -Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward
to a non -Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. "Executive" means an officer, managing partner or any other employee in a
management position.
2.1.4. "Federal Awarding Agency" means a Federal agency providing a Federal Award
to a Recipient as described in 2 CFR 200.1
2.1.5. "Grant" means the Grant to which these Federal Provisions are attached.
2.1.6. "Grantee" means the party or parties identified as such in the Grant to which these
Federal Provisions are attached.
2.1.7. "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.
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2.1.8. "Nonprofit Organization" means any corporation, trust, association, cooperative, or
other organization, not including IHEs, that:
2.1.8.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest;
2.1.8.2. Is not organized primarily for profit; and
2.1.8.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.9. "OMB" means the Executive Office of the President, Office of Management and
Budget.
2.1.10. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.11. "Prime Recipient" means the Colorado State agency or institution of higher
education identified as the Grantor in the Grant to which these Federal Provisions
are attached.
2.1.12. "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. The term
does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program.
2.1.13. "Subrecipient" or "Subgrantee" means a non -Federal Entity (or a Federal agency
under an Award or Subaward to a non -Federal Entity) receiving Federal funds
through a Prime Recipient to support the performance of the Federal project or
program for which the Federal funds were awarded. A Subrecipient is subject to
the terms and conditions of the Federal Award to the Prime Recipient, including
program compliance requirements. The term does not include an individual who is
a beneficiary of a federal program.
2.1.14. "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.
2.1.15. "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)) and includes the following:
2.1.15.1. Salary and bonus;
2.1.15.2. 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;
2.1.15.3. Earnings for services under non -equity incentive plans, not including group
life, health, hospitalization or medical reimbursement plans that do not
Exhibit C -- Page 2 of 9
DocuSign Envelope ID: 661BF1B9-49C4-4142-8366-8310A5E6ED86
CSBG 24-027 - Weld County 2024-2026
discriminate in favor of Executives and are available generally to all salaried
employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above -market earnings on deferred compensation which is not tax -
qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation
(e.g., severance, termination payments, value of life insurance paid on
behalf of the employee, perquisites or property) for the Executive exceeds
$10,000.
2.1.16. "Transparency Ad" means the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards
to Subrecipients unless the Uniform Guidance or the terms and conditions of the
Federal Award specifically indicate otherwise.
2.1.18. "Unique Entity ID" means the Unique Entity ID established by the federal
government for a Grantee at https://sam.gov/content/home.
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance,
and all applicable Federal Laws and regulations required by this Federal Award. Any
revisions to such provisions or regulations shall automatically become a part of these
Federal Provisions, without the necessity of either party executing any further
instrument. The State of Colorado, at its discretion, may provide written notification to
Grantee of such revisions, but such notice shall not be a condition precedent to the
effectiveness of such revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM
(UEI) REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually
after the initial registration, and more frequently if required by changes in its
information.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update
Grantee's information in SAM.Gov at least annually after the initial registration, and
more frequently if required by changes in Grantee's information.
5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
Exhibit C -- Page 3 of 9
DocuSign Envelope ID: 661BF1B9-49C4-4142-8366-8310A5E6ED86
CSBG 24-027 - Weld County 2024-2026
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more;
and
5.1.2. In the preceding fiscal year, Grantee received:
5.1.2.1. 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
5.1.2.2. $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; and
5.1.2.3. The public does not have access to information about the compensation of
such Executives through periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or §6104
of the Internal Revenue Code of 1986.
6. REPORTING.
6.1. If 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
Grant price. The reporting requirements in this Exhibit are based on guidance from the
OMB, and as such are subject to change at any time by OMB. Any such changes shall
be automatically incorporated into this Grant and shall become part of Grantee's
obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent
Award modifications result in a total Award of $30,000 or more, the Award is subject
to the reporting requirements as of the date the Award exceeds $30,000. If the initial
Award is $30,000 or more, but funding is subsequently de -obligated such that the total
award amount falls below $30,000, the Award shall continue to be subject to the
reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable
to audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. If Grantee is a Subrecipient, Grantee shall report as set forth below.
8.1.1. 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:
8.1.1.1. Subrecipient Unique Entity ID;
Exhibit C -- Page 4 of 9
DocuSign Envelope ID: 661BF1B9-49C4-4142-8366-8310A5E6ED86
CSBG 24-027 - Weld County 2024-2026
8.1.1.2. Subrecipient Unique Entity ID if more than one electronic funds transfer
(EFT) account;
8.1.1.3. Subrecipient parent's organization Unique Entity ID;
8.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip
+ 4, and Congressional District;
8.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in
§4 above are met; and
8.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the
effective date of the Grant, the following data elements:
8.1.2.1. Subrecipient's Unique Entity ID as registered in SAM; and
8.1.2.2. Primary Place of Performance Information, including: Street Address, City,
State, Country, Zip code + 4, and Congressional District.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable
regulations, provided that the procurements conform to applicable Federal law and the
standards identified in the Uniform Guidance, including without limitation, 2 CFR
200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the
extent consistent with law, the non -Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards including all contracts
and purchase orders for work or products under this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency
of a political subdivision of the State, its contractors must comply with section 6002 of
the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that
contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
10. ACCESS TO RECORDS.
Exhibit C -- Page 5 of 9
DocuSign Envelope ID: 661 BF1 B9-49C4-4142-8366-8310A5E6ED86
CSBG 24-027 - Weld County 2024-2026
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to
Subrecipient's records and financial statements as necessary for Recipient to meet the
requirements of 2 CFR 200.332 (Requirements for pass -through entities), 2 CFR
200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period
of performance), and Subpart F -Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the
Subrecipient's fiscal year, the Subrecipient shall procure or arrange for a single or
program -specific audit conducted for that year in accordance with the provisions of
Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to the Single
Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have
a program -specific audit conducted in accordance with 2 CFR 200.507 (Program -
specific audits). The Subrecipient may elect to have a program -specific audit if
Subrecipient expends Federal Awards under only one Federal program (excluding
research and development) and the Federal program's statutes, regulations, or the
terms and conditions of the Federal award do not require a financial statement audit
of Prime Recipient. A program -specific audit may not be elected for research and
development unless all of the Federal Awards expended were received from
Recipient and Recipient approves in advance a program -specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during
its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for
that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements),
but records shall be available for review or audit by appropriate officials of the
Federal agency, the State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or
otherwise arrange for the audit required by Subpart F of the Uniform Guidance and
ensure it is properly performed and submitted when due in accordance with the
Uniform Guidance. Subrecipient shall prepare appropriate financial statements,
including the schedule of expenditures of Federal awards in accordance with 2 CFR
200.510 (Financial statements) 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.
12. GRANT PROVISIONS FOR SUBRECIPIENT CONTRACTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all subcontracts
entered into by it pursuant to this Grant.
Exhibit C -- Page 6 of 9
DocuSign Envelope ID: 661BF1B9-49C4-4142-8366-8310A5E6ED86
CSBG 24-027 - Weld County 2024-2026
12.1.1. [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.
12.1.2. [Applicable to on -site employees working on government -funded construction,
alteration and repair projects.] Davis -Bacon Act. Davis -Bacon Act, as amended
(40 U.S.C. 3141-3148).
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets
the definition of "funding agreement" under 37 CFR 401.2 (a) and the Prime
Recipient or Subrecipient wishes to enter into 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," 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.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non -Federal awardees
to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal Awarding Agency and the Regional Office of the
Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549.
Exhibit C -- Page 7 of 9
DocuSign Envelope ID: 661BF1B9-49C4-4142-8366-8310A5E6ED86
CSBG 24-027 - Weld County 2024-2026
12.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining
any Federal 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.
12.1.7. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing "Never contract with the
enemy" in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered
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.
12.1.8. Prohibition on certain telecommunications and video surveillance services or
equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending
loan or grant funds on certain telecommunications and video surveillance services
or equipment pursuant to 2 CFR 200.216.
13. CERTIFICATIONS.
13.1. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes
or regulations on an annual basis. 2 CFR 200.208. Submission 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.
14. EXEMPTIONS.
14.1. 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.
14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax
year is exempt from the requirements to report Subawards and the Total Compensation
of its most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default
under the Grant and the State of Colorado may terminate the Grant upon 30 days prior
written notice if the default remains uncured five calendar days following the
termination of the 30 -day notice period. This remedy will be in addition to any other
remedy available to the State of Colorado under the Grant, at law or in equity.
Exhibit C -- Page 8 of 9
DocuSign Envelope ID: 661BF1B9-49C4-4142-8366-8310A5E6ED86
CSBG 24-027 - Weld County 2024-2026
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in
part as follows:
15.2.1. 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;
15.2.2. By the Federal awarding agency or Pass -through Entity, to the greatest extent
authorized by law, if an award no longer effectuates the program goals or agency
priorities;
15.2.3. By the Federal awarding agency or Pass -through Entity with the consent of the
Non -Federal Entity, in which case the two parties must agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion to be terminated;
15.2.4. By the Non -Federal Entity upon sending to the Federal Awarding Agency or Pass -
through Entity written notification setting forth the reasons for such termination,
the effective date, and, in the case of partial termination, the portion to be
terminated. However, if the Federal Awarding Agency or Pass -through Entity
determines in the case of partial termination that the reduced or modified portion
of the Federal Award or Subaward will not accomplish the purposes for which the
Federal Award was made, the Federal Awarding Agency or Pass -through Entity
may terminate the Federal Award in its entirety; or
15.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to termination
provisions included in the Federal Award.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Exhibit C -- Page 9 of 9
DocuSign Envelope ID: 661 BF1 B9-49O4-4142-8366-8310A5E6ED86
CSBG 24-027 - Weld County 2024-2026
OPTION LETTER #Insert # Here
SIGNATURE AND COVER PAGE
State
Department
Agency:
of
Local
Affairs
(DOLA)
Insert
DLG
for
this
Portal
DLG
Project
Portal
Number
number
Option
Number
Insert
Amendment
CMS
Letter
CMS
number
for
this
Grantee
Previous CMS
#(s)
Insert
Grantee's
Full
Legal
Name
Insert
CMS
number for
orig
Agreement, and
any
prior chg
docs
Project
Insert
DOLA's
Number
and
project
Name
number
and
name
Grant
Initial
Amount
Award:
$Insert
orig award
amt
DOLA
CSBG Program
Manager
Option
Letter
## and
date
effective/spendable:
$0.00
Alex
Diaz, (303) 864-8423,
(alex.diaz@state.co.us)
Option
Letter
##
and
date
effective/spendable:
$0.00
DOLA CSBG
Program Assistant
Total
Grant
Amount:
SInsert
total
award
to
date
Becky
Saad,
(303) 864-7894,
(becky.saad@state.co.us)
Funding
Enter
CTGG
Account
1 number
Codes
Program
Community
1st Acctg
Name
Group
Services
Dropdown
Block
Grant (Place
for "CSBG")
here
the
DocuSign
Prior
Month
Grant
Day,
Agreement Expiration
Year
Date
Current
Month
Day,
Grant
Year
Agreement
Expiration
Date
THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER
Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this
Option Letter and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis GOVERNOR
Colorado Department of Local Affairs
By:
Maria De Cambra, Executive Director
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State contracts. This Option Letter is not valid until signed and
dated below by the State Controller or delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Beulah Messick, DOLA Controller Delegate
Effective Date:
Page 1 of 2
DocuSign Envelope ID: 661 BF1 B9-49C4-4142-8366-8310A5E6ED86
CSBG 1 - • County 2024-2026
1) OPTIONS: Choose all applicable options listed in §1 and in §2
a. Option to extend (use this option for Extension of Time)
• dollar amountoption for
Increase or Decrease in Grant Funds, including Supplemental funding awards)
REQUIRED PRO • Option Letters shall containe appropriate•• • • below:
a. For use with Opti 1 ri 1(a): In accordance with Secti1 of - original IntergovernmentalAgreement
Terms / Conditions between the State of • • / • acting by / through the Colorado Delpartment of •
• /Name, State -• exercises option ford/ • . - beginning ItIsert start
clate • / ending on date.
1. For use with Option 11: In accordance with Sectionof - original Intergovernmental• --
Terms and Conditions between the State of Colorado, acting by and through the Colorado Department of Local
Affairs, and Grantee's Name, the State hereby exercises its option to increase/decrease Grant Funds awarded for
this Project in an amountequal to amt of or decrease from beginning dollar to ending dollar
amt. The TotalAmount in the Summary of / Conditions is he" • •-
' to ending dollar
The Budget • - in Section' of 1 B is deleted and is replaced with the following
' Project Budget
Funding
Type
Line #
FFY
(specify
expiration date)
Budget
Previous
Amount
Line
OL#1
Amount
Budget
Updated
Amount
Line
Formulaic
202x
1
►
III
Pmgram Year 202x -
FORM
-(1/1/202x
-9/30/202x)
1
(1/1/202x
• 1 1
0.00
Formulaic
202x/_
Discretionar1
2x
'►
'►
1
I .00
(CSxxxx)
TOTALS1
0.00
S 0.00
Effective Date. The effective date of Option Letter•• approval of • • or
is later.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 2 of 2
DocuSign Envelope ID: 661BF1B9-49C4-4142-8366-8310A5E6ED86
CSBG 24-027 - Weld County 2024-2026
EXHIBIT I - SAFEGUARDING REQUIREMENTS FOR FEDERAL TAX
INFORMATION
1. APPLICABILITY OF PROVISIONS.
1.1. This Exhibit regarding Safeguarding Requirements for Federal Tax Information (FTI)
("Exhibit") is an essential part of the agreement between the State and Grantee as
described in the Agreement to which this Exhibit is attached. Unless the context clearly
requires a distinction between the Agreement and this Exhibit, all references to
"Agreement" shall include this Exhibit.
1.2. The language of this Exhibit is, in part, derived from Internal Revenue Service (IRS)
Publication 1075, Tax Information Security Guidelines for Federal, State and Local
Agencies, Safeguards for Protecting Federal Tax Returns and Return Information (Rev.
11-2021), Exhibit 7 — Safeguarding Contract Language. This Exhibit is not exhaustive
of all requirements contained in IRS Publication 1075. By agreeing to this Exhibit,
Grantee also agrees to comply with all applicable requirements in IRS Publication 1075
or described on the website of the IRS Safeguards Program, located at
www.irs.gov/privacy-disclosure/safeguards-program.
2. PERFORMANCE.
2.1. In performance of the Agreement, Grantee agrees to comply with and assume
responsibility for compliance by Grantee's officers or employees with the following
requirements:
2.1.1. All Work will be performed under the supervision of Grantee.
2.1.2. Grantee and Grantee's officers or employees to be authorized to access FTI
must meet background check requirements defined in Internal Revenue
Services (IRS) Publication 1075 and §24-50-1002, C.R.S. Grantee will
maintain a list of officers or employees authorized to access FTI. Such list
will be provided to the State and, upon request, to the IRS.
2.1.3. FTI in hardcopy or electronic format shall be used only for the purpose of
carrying out the provisions of this Agreement. FTI in any format shall be
treated as confidential and shall not be divulged or made known in any
manner to any person except as may be necessary in the performance of the
Agreement. Inspection or disclosure of FTI to anyone other than Grantee or
Grantee's authorized officers or employees is prohibited.
2.1.4. FTI shall be accounted for upon receipt and properly stored before, during,
and after processing. In addition, any related output and products require the
same level of protection as required for the source material.
2.1.5. By signing the Agreement, which includes this Exhibit, Grantee certifies that
FTI processed during the performance of this Agreement will be completely
purged from all physical and electronic data storage with no output to be
retained by Grantee at the time the Work is completed. If immediate purging
of physical and electronic data storage is not possible, Grantee certifies that
Page 1 of 4
DocuSign Envelope ID: 661BF1B9-49C4-4142-8366-8310A5E6ED86
CSBG 24-027 - Weld County 2024-2026
any FTI in physical or electronic storage will remain safeguarded to prevent
unauthorized disclosures.
2.1.6. Any spoilage or any intermediate hard copy printout that may result during
the processing of FTI shall be given to the State. When this is not possible,
Grantee shall be responsible for the destruction of the spoilage or any
intermediate hard copy printouts and will provide the State with a statement
containing the date of destruction, description of material destroyed, and the
destruction method.
2.1.7. All computer systems receiving, processing, storing, or transmitting FTI must
meet the requirements in IRS Publication 1075. To meet functional and
assurance requirements, the security features of the environment must provide
for the managerial, operational, and technical controls. All security features
must be available and activated to protect against unauthorized use of and
access to FTI.
2.1.8. No Work involving FTI furnished under this Agreement will be subcontracted
without the prior written approval of the State and the Governor's Office of
Information Technology, and the IRS.'
2.1.9. Grantee will ensure that the terms of FTI safeguards described in this Exhibit
are included, without modification, in any approved subcontract for Work
involving FTI.
2.1.10. To the extent the terms, provisions, duties, requirements, and obligations of
the Agreement apply to performing services with FTI, Grantee shall assume
toward each Subcontractor all obligations, duties and responsibilities that the
State under the Agreement assumes toward Grantee, and each Subcontractor
shall assume toward Grantee all the same obligations, duties and
responsibilities which Grantee assumes toward the State under the
Agreement.
2.1.11. In addition to the Subcontractor's obligations and duties under an approved
subcontract, the terms and conditions of the Agreement apply to the
Subcontractor, and the Subcontractor is bound and obligated to the Grantee
hereunder by the same terms and conditions by which Grantee is bound and
obligated to the State under this Agreement.
2.1.12. For purposes of this Agreement, the term "Grantee" includes any officer or
employee of Grantee with access to or who uses FTI, and the term
"Subcontractor" includes any officer or employee of the Subcontractor with
access to or who uses FTI.
2.1.13. Grantee will not use live FTI in a test environment or utilize a cloud
computing model that receives processes, stores, or transmits FTI without
express written authorization from the State.'
' see IRS Publication 1075, Exhibit 6 Contractor 45 -Day Notification Procedures.
z see IRS Publication 1075, Section 2.0 Physical Security Requirements, subsections 2.E.6.1 Cloud Computing and
2.E.6.4 Live Data Testing.
Page 2 of 4
DocuSign Envelope ID: 661BF1B9-49C4-4142-8366-8310A5E6ED86
CSBG 24-027 - Weld County 2024-2026
2.1.14. Grantee will maintain the confidentiality of all Tax Information provided by
the State or learned in the course of Grantee's duties under the Agreement in
accordance with safeguards set forth under §39-21-113(4), C.R.S., as
amended.
2.1.15. Grantee agrees to comply with the following additional requirements in
performance of this Agreement:
None
2.1.16. The State will have the right to void the Agreement if Grantee fails to meet
the terms of FTI safeguards described in this Exhibit.
3. CRIMINAL/CIVIL SANCTIONS.
3.1. Each officer or employee of Grantee to whom FTI is or may be disclosed shall be
notified in writing that FTI disclosed to such officer or employee can be used only for
a purpose and to the extent authorized in this Exhibit, and that further disclosure of any
FTI for a purpose not authorized in this Exhibit constitutes a felony punishable upon
conviction by a fine of as much as $5,000 or imprisonment for as long as 5 years, or
both, together with the costs of prosecution.
3.2. Each officer or employee of Grantee to whom FTI is or may be accessible shall be
notified in writing that FTI accessible to such officer or employee may be accessed
only for a purpose and to the extent authorized in this Exhibit, and that
access/inspection of FTI without an official need -to -know for a purpose not authorized
in this Exhibit constitutes a criminal misdemeanor punishable upon conviction by a
fine of as much as $1,000 or imprisonment for as long as 1 year, or both, together with
the costs of prosecution.
3.3. Each officer or employee of Grantee to whom FTI is or may be disclosed shall be
notified in writing that any such unauthorized access, inspection, or disclosure of FTI
may also result in an award of civil damages against the officer or employee in an
amount equal to the sum of the greater of $1,000 for each unauthorized access,
inspection, or disclosure, or the sum of actual damages sustained as a result of such
unauthorized access, inspection, or disclosure, plus in the case of a willful unauthorized
access, inspection, or disclosure or an unauthorized access, inspection, or disclosure
which is the result of gross negligence, punitive damages, plus the costs of the action.
These penalties are prescribed by Internal Revenue Code (IRC)§§7213, 7213A and
7431 and set forth at 26 CFR 301.6103(n)-1.
3.4. Additionally, Grantee shall inform its officers and employees of the penalties for
improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically,
5 U.S.C. 552a(i)(1), which is made applicable to Grantee by 5 U.S.C. 552a(m)(1),
provides that any officer or employee of Grantee, who (i) by virtue of his/her
employment or official position, has possession of or access to State records which
contain individually identifiable information, the disclosure of which is prohibited by
the Privacy Act or regulations established thereunder, and (ii) knowing that disclosure
of the specific material is so prohibited, willfully discloses the material in any manner
to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and
fined not more than $5,000.
Page 3 of 4
DocuSign Envelope ID: 661BF1B9-49C4-4142-8366-8310A5E6ED86
CSBG 24-027 - Weld County 2024-2026
3.5. Granting Grantee access to FTI must be preceded by certifying that each officer or
employee understands the State's security policy and procedures for safeguarding FTI.
Grantee and each officer or employee must maintain their authorization to access FTI
through annual recertification of their understanding of the State's security policy and
procedures for safeguarding FTI. The initial certification and recertifications must be
documented and placed in the State's files for review. As part of the certification and
at least annually afterwards, Grantee and each officer and employee must be advised
of the provisions of IRC §§7213, and 7213A, and 7431 (see Exhibit 4, Sanctions for
Unauthorized Disclosure, and Exhibit 5, Civil Damages for Unauthorized Disclosure
of IRS Publication 1075). The training on the State's security policy and procedures
provided before the initial certification and annually thereafter must also cover the
incident response policy and procedure for reporting unauthorized disclosures and data
breaches.' For the initial certification and the annual certifications, Grantee and each
officer or employee must sign, either with ink or electronic signature, a confidentiality
statement certifying their understanding of the security requirements.
4. INSPECTION.
4.1. The IRS and the State, with 24 -hour notice, shall have the right to send its inspectors
into the offices and plants of Grantee to inspect facilities and operations performing
any Work with FTI under this Agreement for compliance with requirements defined in
IRS Publication 1075. The IRS's right of inspection shall include the use of manual
and/or automated scanning tools to perform compliance and vulnerability assessments
of information technology (IT) assets that access, store, process, or transmit FTI. Based
on the inspection, corrective actions may be required in cases where Grantee is found
to be noncompliant with FTI safeguard requirements.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
s see IRS Publication 1075, Section 1.0 Federal Tax Information, Reviews and Other Requirements, subsection 1.8
Reporting Improper Inspections or Disclosures and www.irs.gov/privacy-disclosure/reporting-improper-inspections-
or-disclosures.
Page 4 of 4
Contr=,uct F
Entity Information
Entity Name*
COLORADO DEPARTMENT OF
LOCAL AFFAIRS
Entity ID*
@00003104
Contract Name* Contract ID
INTERGOVERNMENTAL GRANT AGREEMENT SUMMERY 7741
OF TERMS AND CONDITIONS
Contract Status
CTB REVIEW
Contract Lead
SADAMS
New Entity?
Parent Contract ID
20232858
Requires Board Approval
YES
Contract Lead Email Department Project #
sadams@weld.gov;cobbx
xlk@weld.gov
Contract Description*
WCDHS WAS AWARDED FUNDING THROUGH THE 2024-2026 COMMUNITY SERVICES BLOCK GRANT. ON
SEPTEMBER 27, 2023, THE BOARD APPROVED THE APPLICATION OF THIS GRANT, KNOWN AS TYLER ID# 2023-
2858.
Contract Description 2
PA ROUTING THROUGH NORMAL PROCESS. ETA TO CTB ON 1/17/2024.
Contract Type*
AGREEMENT
Amount*
$ 34,689.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department
HUMAN SERVICES
Department Email
CM-
HumanServices@weldgov.
com
Does Contract require Purchasing Dept. to be
Department Head Email included?
CM-HumanServices-
DeptHead@weldgov.com
Requested BOCC Agenda
Date*
01/24/2024
Due Date
01/20/2024
Will a work session with BOCC be required?*
NO
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date"
06/30/2027
Committed Delivery Date
Renewal Date
Expiration Date*
09/30/2027
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
01/18/2024 01/19/2024 01/19/2024
Final Approval
BOCC Approved Tyler Ref #
AG 012424
BOCC Signed Date Originator
SADAMS
BOCC Agenda Date
01/24/2024
Hello