HomeMy WebLinkAbout20252046.tiffMariah Higgins
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Good afternoon CTB,
Sara Adams
Wednesday, October 22, 2025 3:23 PM
CTB
HS -Contract Management; HS -CM Agreements
COMMUNICATION ITEM: OAA Contract Option Letter #2 for 26 IHEA 197073
26 IHEA 197073 Option Letter #2.pdf
Attached please find the Option Letter #2 for the OAA Contract, known to the Board as Tyler# 2025-
1395.
Thank you,
Sara
s
COUNTY, CO
Sara Adams
Contract Administrative Coordinator
Department of Human Services
Desk: 970-400-6603
P.O. Box A, 315 N. 11th Ave., Greeley, CO 80632
t) kek
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Docusign Envelope ID: 5F2ADB33-700E-4B3D-8E30-52497CE5EFF4
COLORADO
Financial Services
Deparipit nt c HU Iran SCrY-Cc
Drriticn of Contrail' anti P xu cinc';c
Option Letter #2
State Agency
Colorado Department of Human Services
Office of Aging, Adult a Disability Services
Division of Aging Ft Adult Protective Services
Contractor
Weld County, Colorado
Weld County Department of Human Services
Weld County Area Agency on Aging
Current Contract Maximum Amount
Initial Term
State Fiscal Year 2026:
$2,829,236.96
Total for All State Fiscal Years: $2,829,236.96
eClearance Number
2515013
Original Contract Number
26 IHEA 197073
Option Contract Number
26 IHEA 201333
Contract Performance Beginning Date
07/01 /2025
Current Contract Expiration Date
06/30/2026
1. Options:
A. Option to change the quantity of Services under the Contract.
2. Required Provisions:
A. In accordance with Section 5. B. v and Exhibit A, Section 1(I I) (D) of the Original Contract
referenced above, the State hereby exercises its option to Increase the quantity of the
Services for State Fiscal Year 2026 at the rates mandated by the Older Americans Act.
B. The Contract Maximum Amount table on the Contract's Signature and Cover Page is
hereby deleted and replaced with the Current Contract Maximum Amount table shown
above. The SFY 2026 funds are increased in the amount of $257,212.96, thereby raising
the SFY 2026 funds from $2,572,024.00 to $2,829,236.96.
C. Exhibit B-2, "Budget," attached and incorporated by reference, replaces Exhibit B-1.
D. Exhibit C-2 "Supplemental for Provisions for Federal Awards," attached and
incorporated by reference, replaces Exhibit C-1.
3. Option Effective Date:
The effective date of this Option Letter is upon approval of the State Controller.
Signature page begins on next page.
Page 1 of 2 Rev 1/14/19 / Acc 11/12/24
Docusign Envelope ID: 5F2ADB33-700E-483D-8E30-52497CE5EFF4
COLORADO
Financial Services
prp;,rimc nt or Human Scrv'ccs
Olvisiorr at Con!raLls and E'iocurrnient
STATE OF COLORADO
Jared Polis, Governor
Colorado Department of Human Services
Michell .rBarcrr & Executive Director
t iliAAJtr
-1,I'',i;ti1n2rA
By: Erin Wester, Office Director
Office of Aging, Adult Ft Disability Services
10/13/2025
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
DracuSigried y:
/J
4 FE SC:39ii C4.4 413A
By: Telly Belton/Toni Williamson /Amanda Rios
Nina Douglass
10/17/2025
Date: Option Effective Date:
In accordance with §24-30-202 C.R.S., this
Option is not valid until signed and dated
above by the State Controller or an authorized
delegate.
Page 2 of 2 Rev 1/14/19 / Acc 11/12/24
Docusign Envelope ID: 5F2ADB33-700E-4B3D-8E30-52497CE5EFF4
Exhibit B-2: Budget
AAA Title III and Title VII and State Funding for Senior Services
SFY 2026
Weld County, Colorado
Weld County Department of Human Services
Weld County Area Agency on Aging
Region 2B
July 1, 2025 - June 30, 2026
Funding
Part
SFY
2026
Budget
$325,462.90
Title
III
Part
B
$685,506.98
Title
III
Part
Cl
$105,234.15
Title
III
Part
C2
Title_III
Part
D
$33,099.48
Title III
Part
E
$150,661.48
State
E Match
$7,476.00'
Federal
Admin
$176,682.21
Title
VII
Elder
Abuse
Prevention
$1,890.00:
$11,008.00
Title
VII Ombudsman
State
Funding
for
Senior
Services
$1,198,994.28
State
Admin
$133,221.48
$2,829,236.96
TOTAL
This annual rate is set per Section II.D. of Exhibit A.
The Colorado Department of Human Services (CDHS) is committed to accessibility.
For more on CDHS's accessibility policies, please visit https://cdhs.colorado.gov/accessibitity-at-cdhs
If you have difficulty using this document's content, please email the State Unit on Aging
atcdhs_stateunitonaging@state.co.usorcall 303-866-2800.
PAGE1OF1
Docusign Envelope ID: 5F2ADB33-700E-4B3D-8E30-52497CE5EFF4
COLORADO
Financial Services
tkpanmem of Human Serv&tn
Drv»uon1 of Corn' acts and Irrocuremelt(
Exhibit C-2 - Supplemental Provisions for Federal Awards
For the purposes of this Exhibit only, Contractor is also identified as "Subrecipient." This
Contract has been funded, in whole or in part, with an award of Federal funds. In the event of
a conflict between the provisions of these Supplemental Provisions for Federal Awards, the
Special Provisions, the Contract or any attachments or exhibits incorporated into and made a
part of the Contract, the Supplemental Provisions for Federal Awards shall control. In the event
of a conflict between the Supplemental Provisions for Federal Awards and the FFATA
Supplemental Provisions (if any), and/or exhibit regarding SLFRF Federal Provisions, the terms
re FFATA and/or SLFRF shall control. if the source of the funding of the Contract is a grant,
these Federal Provisions are subject to the Award as defined in S2 of these Federal Provisions,
as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institutions of higher education.
1)
Federal Award Identification
i. Subrecipient: Weld County, Colorado
Weld County Department of Human Services
Weld County Area Agency on Aging;
ii. Subrecipient DUNS number: 075757955;
and Subrecipient UEI number: MKKXT9U9MTV5;
iii. The Federal Award Identification Numbers (FAIN) are: Title III Part B - Supportive
Services - 2501 COOASS; Title III Part Cl - Congregate Meals - 2501 COOACM; Title
III Part C2 - Home Delivered Meals - 2501 COOAHD; Title III Part D - Preventative
Health - 2501 COOAPH; TITLE III Part E - National Family Caregiver Support
Program - 2501 COOAFC; Title VII EA - Elder Abuse Prevention - 25401 COOAEA;
and Title VII Ombudsman - Ombudsman - 2501COOAOM
iv. The Federal award date is January 15, 2025;
v. The subaward period of performance start date is 10/01/2024 and end date is
09/30/2026;
vi. Federal Funds:
CONTRACT
OR FISCAL
YEAR
FUNDING PAR1
AMOUNT OF TOTAL AMOUNT OF
FEDERAL FUNDS FEDERAL FUNDS
OBLIGATED BY THIS OBLIGATED TO THE
CONTRACT SUBRECIPIENT
TOTAL AMOUNT OF
THE FEDERAL
FUNDS AWARD
COMMITED TO
SUBRECIPIENT BY
CDHS
0710112026 TO
08138/2026
07/0112025 TO
08!3012024
1
0710112026 TO
0613012020
07/0112026 TO
06130/2028
0110112026 TO '
0813012026
FEDERAL PART 8
0710112026 TO
06130/2028
07/0112025 TO
0613012028
0710112026 TO
0613012028
FEDERAL PART c-1
FEDERAL PART C-2
FEDERAL PART D
FEDERAL PART E
FEDERAL ADMIN'
FED ELDER ABUSE PREY.
$38,900.00
$112,923.98
S1,720.15
$12,113,48
$325,462 9e
$685,506 8
$105,234 1f,
$325,482.90
$686,600.94
$105,234.15
$33,099.48
FEDERAL OMOliCIsMm
$21,150,48
$81,083:21
$0,00
5150,661.48
$0,00
$178,682.211
$1,090.00
$11008.00
TOTAL 5245,878.20 51.489,545 20
"dv comprised of 104'o Federal Parts B, C-1, C-2, and E as authorized by the Older Americans Act
$33,099.48
$150,661 48
$176,682.21
$1,890.00
$11,008.00
51,489.545.:20
Supplemental Provisions for Federal Awards
Page 1 of 14
Revised 01.28.25
Docusign Envelope ID: 5F2ADB33-700E-4B3D-8E30-52497CE5EFF4
i. Federal award project description: Older Americans Act Title III - Grants for State
and Community Programs on Aging and Older Americans Act; Title VII -
Allotments for Vulnerable Elder Rights Protection and Ombudsman Activities.
ii. The name of the Federal awarding agency is Department of Health and Human
Services, Administration for Community Living; the name of the pass -through
entity is the State of Colorado, Department of Human Services (CDHS); and the
contact information for the awarding official is Cynthia Brammeier and can be
reached via email at cynthia.brammeier@acl.hhs.gov. or by phoneat
816.321.7341.
iii. The Catalog of Federal Domestic Assistance (CFDA) numbers are:
CONTRACT OR
FISCAL YEAR
PROGRAM TITLE
GRANT # CFDA
07/01/2025 TO
06/30/2026
07/01/2026 TO
06/30/2026
07/01/2025 TO
06/30/2026
TITLE III B SUPPORTIVE SERVICES
TITLE III C1 CONGREGATE MEALS
2501 COOASS
2501 COOAC M
93.044
07/01/2025 TO
06/30/2026
07/01/2025 TO
06/30/2026
07/01/2025 TO
06/30/2026
07/01/2025 TO
06/30/2026
TITLE III C2 HOME -DELIVERED MEALS
TITLE III D PREVENTIVE HEALTH
TITLE III E NFCSP
TITLE VII ELDER ABUSE PREVENTION
2501 COOAHD
93.045
2501 COOAPH
2501 COOAFC
2501 COOAEA
TITLE VII OMBUDSMAN
251 COOAOM
93.045
93.043
93.052
93.041
93.042
iv. This award is not for research a development;
v. The indirect cost rate for the Federal award (including if the de minimis rate is
charged per 2 CFR §200.414 Indirect (F&A) costs) is pre -determined based upon the
State of Colorado and CDHS cost allocation plan.
2) All requirements imposed by CDHS on Subrecipient so that the Federal award is used in
accordance with Federal statutes, regulations, and the terms and conditions of the
Federal award, are stated in Exhibit A: Statement of Work.
3) Any additional requirements that CDHS imposes on Subrecipient in order for CDHS to meet
its own responsibility to the Federal awarding agency, including identification of any
required financial and performance reports, are stated in N/A.
4) Subrecipient's approved indirect cost rate is Subrecipient does not use an indirect cost
rate. Subrecipient's indirect costs are distributed based on its Indirect Cost Allocation
Plan..
5) Subrecipient must permit CDHS and auditors to have access to Subrecipient's records and
financial statements as necessary for CDHS to meet the requirements of 2 CFR S200.331
Requirements for pass -through entities, SS 200.300 Statutory and National Policy
Supplemental Provisions for Federal Awards
Page 2 of 14 Revised 01.28.25
Docusign Envelope ID: 5F2ADB33-700E-4B3D-8E30-52497CE5EFF4
Requirements through §200.309 Period of performance, and Subpart F —Audit
Requirements of this Part.
6) The appropriate terms and conditions concerning closeout of the subaward are listed in
Section 16 of this Exhibit and Exhibit A: Statement of Work.
7) Matching Funds.
i. Subrecipient shall provide matching funds as stated in Exhibit A: Statement of Work.
Subrecipient shall have raised the full amount of matching funds prior to the
Effective Date and shall report to CDHS regarding the status of such funds upon
request. Subrecipient's obligation to pay all or any part of any matching funds,
whether direct or contingent, only extends to funds duly and lawfully appropriated
for the purposes of this Contract by the authorized representatives of the
Subrecipient and paid into the Subrecipient's treasury or bank account.
Subrecipient represents to CDHS that the amount designated as matching funds has
been legally appropriated for the purposes of this Contract by its authorized
representatives and paid into its treasury or bank account. Subrecipient does not
by this Contract irrevocably pledge present cash reserves for payments in future
fiscal years, and this Contract is not intended to create a multiple -fiscal year debt
of the Subrecipient. Subrecipient shall not pay or be liable for any claimed
interest, late charges, fees, taxes or penalties of any nature, except as required by
Subrecipient's Laws or policies.
1. Definitions.
1.1 For the purposes of these Federal Provisions, the following terms shall have the
meanings ascribed to them below. For a full list of definitions (as of October 1,
2024) under the Uniform Guidance, see 2 CFR 200.1.
1.1.1 "Award" means an award of Federal financial assistance, and the
Contract setting forth the terms and conditions of that financial
assistance, that a non -Federal Entity receives or administers.
1.1.1.1 Awards may be in the form of:
1.1.1.1.1 Grants;
1.1.1.1.2 Contracts;
1.1.1.1.3 Cooperative Contracts, which do not include
cooperative research and development Contracts
(CRDA) pursuant to the Federal Technology Transfer
Act of 1986, as amended (15 U.S.C. 3710);
1.1.1.1.4 Loans;
1.1.1.1.5 Loan Guarantees;
1.1.1.1.6 Subsidies;
1.1.1.1.7 Insurance;
1.1.1.1.8 Food commodities;
1.1.1.1.9 Direct appropriations;
1.1.1.1.10 Assessed and voluntary contributions; and
Supplemental Provisions for Federal Awards
Page 3 of 14 Revised July 2024 / Acc 11.12.24
Docusign Envelope ID: 5F2ADB33-700E-4B3D-8E30-52497CE5EFF4
1.1.1.1.11 Other financial assistance transactions that authorize
the expenditure of Federal funds by non -Federal
Entities.
1.1.1.1.12 Any other items specified by OMB in policy
memoranda available at the OMB website or other
source posted by the OMB.
1.1.1.2 Award does not include:
1.1.1.2.1 Technical assistance, which provides services in lieu of
money;
1.1.1.2.2 A transfer of title to Federally -owned property
provided in lieu of money; even if the award is called
a grant;
1.1.1.2.3 Any award classified for security purposes; or
1.1.1.2.4 Any award funded in whole or in part with Recovery
funds, as defined in section 1512 of the American
Recovery and Reinvestment Act (ARRA) of 2009
(Public Law 111-5).
1.1.2 "Contract" means the Contract to which these Federal Provisions are
attached and includes all Award types in § of this Exhibit.
1.1.3 "Contractor" means the party or parties to a Contract funded, in whole
or in part, with Federal financial assistance, other than the Prime
Recipient, and includes grantees, subgrantees, Subrecipients, and
borrowers. For purposes of Transparency Act reporting, Contractor does
not include Vendors.
1.1.4 "Unique Entity ID number" or "UEI" is the universal identifier for federal
financial assistance applicants, as well as recipients and their direct
subrecipients (first tier subrecipients).
1.1.5 "Entity" means:
1.1.5.1 If the source of the funding is a Grant:
1.1.5.1.1 a Non -Federal Entity; or
1.1.5.1.2 a non-profit organization or for-profit organization.
1.1.5.2 If the source of funding is not a Grant:
1.1.5.2.1 all of the following as defined at 2 CFR part 25, subpart
C
1.1.5.2.2 A governmental organization, which is a State, local
government, or Indian Tribe;
1.1.5.2.3 a foreign public entity;
1.1.5.2.4 a domestic or foreign non-profit organization;
1.1.5.2.5 a domestic or foreign for-profit organization; and
1.1.5.2.6 a Federal agency, but only a Subrecipient under an
Award or Subaward to a non -Federal entity.
Supplemental Provisions for Federal Awards
Page 4 of 14 Revised July 2024 / Acc 11.12.24
Docusiqn Envelope ID: 5F2ADB33-700E-4B3D-8E30-52497CE5EFF4
1.1.6 "Executive" means an officer, managing partner or any other employee in
a management position.
1.1.7 If the source of funding is a Grant, "Federal Awarding Agency" means a
Federal agency providing a Federal Award to a Recipient as described in
2 CFR 200.1. If the source of funding is not a Grant, "Federal Award
Identification Number (FAIN)" means an Award number assigned by a
Federal agency to a Prime Recipient.
1.1.8 "FFATA" means the Federal Funding Accountability and Transparency Act
of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-
252. FFATA, as amended, also is referred to as the "Transparency Act."
1.1.9 "Federal Provisions" means these Federal Provisions subject to the
Transparency Act and Uniform Guidance, as may be revised pursuant to
ongoing guidance from the relevant Federal or State of Colorado agency
or institutions of higher education.
1.1.10 If the source of funding is a Grant, "Grant" as used herein is the
Contract to which these Federal Provisions are attached.
1.1.11 "Grantee" means the party or parties identified as such in the Grant to
which these Federal Provisions are attached if the source of funding is a
Grant. Grantee also means Subrecipient.
1.1.12 "Non -Federal Entity means a State, local government, Indian tribe,
institution of higher education, or nonprofit organization that carries
out a Federal Award as a Recipient or a Subrecipient.
1.1.13 "Nonprofit Organization" means any organization that:
1.1.13.1 Is operated primarily for scientific, educational, service,
charitable, or similar purposes in the public interest;
1.1.13.2 Is not organized primarily for profit;
1.1.13.3 Uses net proceeds to maintain, improve, or expand the
organization's operations; and
1.1.13.4 Is not an IHE.
1.1.14 "OMB" means the Executive Office of the President, Office of
Management and Budget.
1.1.15 "Pass -through Entity" means a recipient or subrecipient that provides a
Subaward to a Subrecipient (including lower tier subrecipients) to carry
out part of a Federal program. The authority of the pass -through entity
under this part flows through the Subaward agreements between the
pass -through entity and subrecipient.
1.1.16 "Prime Recipient" means a Colorado State agency or institution of
higher education that receives an Award, or, of the source of funding is
a Grant it is that agency or institution identified as the Grantor in the
Grant to which these Federal Provisions are attached.
1.1.17 "Subaward" means an award provided by a pass -through entity to a
Subrecipient to contribute to the goals and objectives of the project by
Supplemental Provisions for Federal Awards
Page 5 of 14 Revised July 2024 I Acc 11.12.24
Docusign Envelope ID: 5F2ADB33-700E-4B3D-8E30-52497CE5EFF4
carrying out part of a Federal award received by the pass -through
entity. The term does not include payments to a contractor,
beneficiary or participant.
1.1.18 "Subrecipient" or, if the source of funding is a Grant, "Subgrantee"
means an entity that receives a subaward from a pass -through entity to
carry out part of a Federal award. The term Subrecipient does not
include a beneficiary or participant. A Subrecipient may also be a
recipient of other Federal awards directly from a Federal agency.
1.1.19 "Subrecipient Parent UEI Number" means the subrecipient parent
organization's 12 -digit Unique Entity ID System (UEI) number that
appears in the subrecipient's System for Award Management (SAM)
profile, if applicable.
1.1.20 "System for Award Management (SAM)" means the Federal repository
into which an Entity must enter the information required under the
Transparency Act, which may be found at http://www.sam.gov.
1.1.21 "Total Compensation" means the cash and noncash dollar value an
Executive earns during the entity's preceding fiscal year. This includes
all items of compensation as prescribed in 17 CFR 229.402(c)(2).
1.1.22 "Transparency Act" means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of
Public Law 110-252. The Transparency Act may also be referred to as
FFATA.
1.1.23 "Uniform Guidance" means the Office of Management and Budget
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, which, unless the source of funding is
a Grant, supersedes requirements from OMB Circulars A-21, A-87, A-110,
and A-122, OMB Circulars A-89, A-102, and A-133, and the guidance in
Circular A-50 on Single Audit Act follow-up. The terms and conditions of
the Uniform Guidance flow down to Awards to Subrecipients unless the
Uniform Guidance or the terms and conditions of the Federal Award
specifically indicate otherwise.
1.1.24 "Vendor" means a dealer, distributor, merchant or other seller providing
property or services required for a project or program funded by an
Award. A Vendor is not a Prime Recipient or a Subrecipient and is not
subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
2. Compliance.
2.1 Contractor/Grantee shall comply with all applicable provisions of the
Transparency Act and the regulations issued pursuant thereto, all applicable
provisions of the Uniform Guidance, including, but not limited to, all applicable
Federal Laws and regulations required by this Federal Award. Any revisions to
Supplemental Provisions for Federal Awards
Page 6 of 14 Revised July 2024 / Acc 11.12.24
Docusign Envelope ID: 5F2ADB33-740E-4B3D-8E30-52497CE5EFF4
such provisions or regulations shall automatically become a part of these
Federal Provisions, without the necessity of either party executing any further
instrument. The State of Colorado, at its discretion, may provide written
notification to Contractor/Grantee of such revisions, but such notice shall not
be a condition precedent to the effectiveness of such revisions.
3. System for Award Management (SAM) and Unique Entity ID System
(UEI) Requirements.
1.2 SAM. Contractor/Grantee must obtain a UEI but are not required to fully register in
Sam.gov. Contractor/Grantee shall maintain the currency of its information in SAM
until the Contractor/Grantee submits the final financial report required under the
Award or receives final payment, whichever is later. Contractor/Grantee shall
review and update SAM information at least annually after the initial registration,
and more frequently if required by changes in its information.
1.3 UEI. Contractor/Grantee shall provide its UEI number to its Prime Recipient, and
shall update Contractor's/Grantee's information in www.sam.gov at least annually
after the initial registration, and more frequently if required by changes in
Contractor's/Grantee's information.
4. Total Compensation.
1.4 Contractor/Grantee shall include Total Compensation in SAM for each of its five
most highly compensated Executives for the preceding fiscal year if:
1.4.1 The total Federal funding authorized to date under the Award is $30,000
or more if the source of funding is a Grant, or otherwise $25,000 or
more if the source of funding is not a Grant; and
1.4.2 In the preceding fiscal year, Contractor/Grantee received:
1.4.2.1 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
1.4.2.2 $25,000,000 or more in annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal financial
assistance Awards or Subawards subject to the Transparency Act
if the source of funding is a Grant or otherwise $25,000,000 or
more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance
Awards or Subawards subject to the Transparency Act if the
source of funding is not a Grant; and
1.4.2.3 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
Supplemental Provisions for Federal Awards
Page 7 of 14 Revised July 2024 / Acc 11.12.24
Docusign Envelope ID: 5F2ADB33-700E-4B3D-8E30-52497CE5EFF4
1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue
Code of 1986.
5. Reporting.
1.5 If Contractor/Grantee is a Subrecipient of the Award pursuant to the Transparency
Act, Grantee shall report data elements to SAM and to the Prime Recipient as
required in this Exhibit. No direct payment shall be made to Grantee for providing
any reports required under these Federal Provisions and the cost of producing such
reports shall be included in the Contract/Grant price. The reporting requirements
in this Exhibit are based on guidance from the US Office of Management and
Budget (OMB), and as such are subject to change at any time by OMB. Any such
changes shalt be automatically incorporated into this Contract/Grant and shall
become part of Contractor's/Grantee's obligations under this Contract/Grant.
6. Effective Date and Dollar Threshold for Reporting.
1.6 If the source of funding is a Grant, Reporting requirements in 57 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.
1.7 If the source of funding is not a Grant, Reporting requirements in 57 below apply
to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the
initial Award is below $25,000 but subsequent Award modifications result in a total
Award of $25,000 or more, the Award is subject to the reporting requirements as
of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but
funding is subsequently de -obligated such that the total award amount falls below
$25,000, the Award shall continue to be subject to the reporting requirements.
1.8 The procurement standards in 58 below are applicable to new Awards made by
Prime Recipient as of December 26, 2015. The standards set forth in §11 below are
applicable to audits of fiscal years beginning on or after December 26, 2014.
7. Subrecipient Reporting Requirements.
1.9 If Contractor/Grantee is a Subrecipient, Contractor/Grantee shalt report as set
forth below.
1.10 To SAM. A Subrecipient shall 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:
1.10.1 Subrecipient UEI Number;
Supplemental Provisions for Federal Awards
Page 8 of 14 Revised July 2024 / Ace 11.12.24
Docusign Envelope ID: 5F2ADB33-700E-483D-8E30-52497CE5EFF4
1.10.2 Subrecipient UE1 Number if more than one electronic funds transfer
(EFT) account;
1.10.3 Subrecipient parent's organization UEI Number;
1.10.4 Subrecipient's address, including: Street Address, City, State, Country,
Zip (+ 4 if source of funding is a Grant or as otherwise directed per SAM
directives for proper reporting), and Congressional District;
1.10.5 Subrecipient's top 5 most highly compensated Executives if the criteria
in 54 above are met; and
1.10.6 Subrecipient's Total Compensation of top 5 most highly compensated
Executives if the criteria in 54 above met.
1.11 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the
effeclive date of the Contract/Grant, the following data elements:
1.11.1 Subrecipient's UEI Number as registered in SAM.
1.11.2 Primary Place of Performance Information, including: Street Address,
City, State, Country, Zip code + 4, and Congressional District.
8. Procurement Standards.
1.12 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.
1.13 If the source of funding is a Grant: Domestic preference for procurements (2 CFR
200.322). As appropriate and to the extent consistent with law, the non -Federal
entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must
be included in all subawards including all contracts and purchase orders for work
or products under this award.
1.14 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.
Supplemental Provisions for Federal Awards
Page 9 of 14 Revised July 2024 / Acc 11.12.24
Docusign Envelope ID: 5F2ADB33-700E-4B3D-8E30-52497CE5EFF4
9. Access to Records.
1.15 A Subrecipient shall permit Recipient/Prime Recipient and its auditors to have
access to Subrecipient's records and financial statements as necessary for
Recipient to meet the requirements of 2 CFR 200.311-200.332 (Requirements for
pass -through entities), 2 CFR 200.300 (Statutory and national policy requirements)
through 2 CFR 200.309 (Modification to period of performance), 2 CFR 200.337
(Access to Records) and Subpart F -Audit Requirements of the Uniform Guidance.
1.16 A Subrecipient must collect, transmit, and store information related to this
Subaward in open and machine-readable formats (2 CFR 200.336).
10. Single Audit Requirements.
1.17 If a Subrecipient expends $1,000,000 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.
1.18 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.
1.19 Exemption. If a Subrecipient expends less than $1,000,000 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.
1.20 Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it
is properly performed and submitted when due in accordance with the Uniform
Guidance. Subrecipient shall prepare appropriate financial statements, including
the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510
(Financial statements) and provide the auditor with access to personnel, accounts,
books, records, supporting documentation, and other information as needed for
the auditor to perform the audit required by Uniform Guidance Subpart F -Audit
Requirements.
Supplemental Provisions for Federal Awards
Page 10 of 14 Revised July 2024 / Acc 11.12.24
Docusign Envelope ID: 5F2ADB33-700E-4B3D-8E30-52497CE5EFF4
11. Contract/Grant Provisions for Subrecipient Contracts.
1.21 In addition to other provisions required by the Federal Awarding Agency or the
Prime Recipient, Contractors/Grantees that are Subrecipients shall comply with
the following provisions. Subrecipients shall include all of the following applicable
provisions in all subcontracts entered into by it pursuant to this Contract/Grant.
1.22 [Applicable to federally assisted construction contracts.) Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of "federally assisted construction contract" in 41 CFR Part 60-
1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive
Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and implementing regulations at 41 CFR part 60, Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor.
1.23 [Applicable to on -site employees working on government -funded construction,
alteration and repair projects.} Davis -Bacon Act. Davis -Bacon Act, as amended (40
U.S.C. 3141-3148).
1.24 Rights to Inventions Made Under a contract/grant or agreement. If the Federal
Award meets the definition of "funding agreement"/ "funding Contract" under 37
CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement,"/"funding
Contract", the Prime Recipient or Subrecipient must comply with the requirements
of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the Federal Awarding
Agency.
1.25 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess
of $150,000 must contain a provision that requires the non -Federal awardee(s) to
agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal Awarding Agency and the Regional Office of the
Environmental Protection Agency (EPA).
1.26 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Supplemental Provisions for Federal Awards
Page 11 of 14 Revised July 2024 / Acc 11.12.24
Docusign Envelope ID: 5F2ADB33-700E-4B3D-8E30-52497CE5EFF4
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
1.27 Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the non -Federal award.
1.28 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
during 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.
1.29 Prohibition on certain telecommunications and video surveillance equipment or
services (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.
1.30 Collection of Unallowable Costs (2CFR 200.410) . Payments made for costs
determined to be unallowable by either the awarding Federal agency, cognizant
agency for indirect costs, or pass -through entity must be refunded with interest to
the Federal Government. Unless directed by Federal statute or regulation,
repayments must be made in accordance with the instructions provided by the
Federal agency or pass -through entity that made the allowability determination.
See 5S 200.300 through 200.309, and 5200.346.
1.31 Whistle Blower Protections. An employee of a subrecipient must not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing
to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information
that the employee reasonably believes is evidence of gross mismanagement of a
Federal contract or grant, a gross waste of Federal funds, an abuse of authority
relating to a Federal contract or grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a Federal
contract (including the competition for or negotiation of a contract) or grant. The
subrecipient must inform their employees in writing of employee whistleblower
rights and protections under 41 U.S.C. 4712. See statutory requirements for
Supplemental Provisions for Federal Awards
Page 12 of 14 Revised July 2024 / Acc 11.12.24
Docusign Envelope ID: 5F2ADB33-700E-4B3D-8E30-52497CE5EFF4
whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and
10 U.S.C. 4310.
12. Certifications.
1.32 Unless prohibited by Federal statutes or regulations, Recipient/Prime Recipient
may require Subrecipient to submit certifications and representations required by
Federal statutes or regulations on an annual basis. 2 CFR 200.415. 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. If the required level of activity or effort was not carried out, the
amount of the Award must be adjusted.
13. Exemptions.
1.33 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.
1.34 A Contractor/Grantee with gross income from all sources of less than $300,000 in
the previous tax year is exempt from the requirements to report Subawards and
the Total Compensation of its most highly compensated Executives.
14. Event of Default and Termination.
1.35 Failure to comply with these Federal Provisions shall constitute an event of
default under the Contract/Grant and the State of Colorado may terminate the
Contract/Grant upon 30 days prior written notice if the default remains uncured
five calendar days following the termination of the 30 -day notice period. This
remedy will be in addition to any other remedy available to the State of Colorado
under the Contract/Grant, at law or in equity.
1.36 Termination (2 CFR 200.340). The Federal Award may be terminated in whole or
in part as follows:
1.36.1 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;
1.36.2 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;
1.36.3 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
Supplemental Provisions for Federal Awards
Page 13 of 14 Revised July 2024 / Acc 11.12.24
Docusign Envelope ID: 5F2ADB33-700E-4B3D-8E30-52497CE5EFF4
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
1.36.4 By the Federal Awarding Agency or Pass -through Entity pursuant to
termination provisions included in the Federal Award.
15. Additional Terms re Payments to Grantee to Supplement Main
Terms in Contract.
1.37 Federal Recovery: The closeout of a Federal Award does not affect the right of
the Federal Awarding Agency or the State to disallow costs and recover funds on
the basis of a later audit or other review. Any cost disallowance recovery is to be
made within the Record Retention Period, as defined below.
1.38 Close -Out: Grantee shall close out this Award within 45 days after the Fund
Expenditure End Date shown on the Signature and Cover Page for this Agreement.
To complete closeout, Grantee shalt submit to the State all deliverables (including
documentation) as defined in this Agreement and Grantee's final reimbursement
request or invoice. The State wilt withhold 5% of allowable costs until all final
documentation has been submitted and accepted by the State as substantially
complete. If the Federal Awarding Agency has not closed this Federal Award within
one year and 90 days after the Fund Expenditure End Date shown on the Signature
and Cover Page for this Agreement due to Grantee's failure to submit required
documentation, then Grantee may be prohibited from applying for new Federal
Awards through the State until such documentation is submitted and accepted.
Exhibit End
Supplemental Provisions for Federal Awards
Page 14 of 14 Revised July 2024 / Acc 11.12.24
Mariah Higgins
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Good afternoon CTB,
Sara Adams
Tuesday, July 8, 2025 4:58 PM
CTB
HS -Contract Management; HS -CM Agreements
COMMUNICATION ITEM: OAA Contract Option Letter #1 for 26 IHEA 197073
Complete_with_Docusign_26_I H EA_197073_OL_1 _(.pdf
Follow up
Flagged
Attached please find the Option Letter #1 for the OAA Contract, known to the Board as Tyler# 2025-
1395.
Thank you,
Sara
COUNTY, CO
Sara Adams
Contract Administrative Coordinator
Department of Human Services
Desk: 970-400-6603
P.O. Box A, 315 N. 11th Ave., Greeley, CO 80632
o®0®0
Join Our Team
Important: This electronic transmission and any attached documents or other writings are intended only for the
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protected from disclosure. If you have received this communication in error, please immediately notify sender by
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CoMMvn',co.t-;onS
a7/2.t/2S
2025-2046
HRooct7
Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B
COLORADO
Financial services
eepum,ne a Nw„m,.smo�
wemem
Option Letter #1
State Agency
Colorado Department of Human Services
Office of Aging, Adult a Disability Services
Division of Aging ft Adult Protective Services
Contractor
Weld County, Colorado
Weld County Department of Human Services
Weld County Area Agency on Aging
Current Contract Maximum Amount
Initial Term
State Fiscal Year 2026: $2,572,024.00
Total for All State Fiscal Years: $2,572,024.00
Eclearance Number
2508500
Original Contract Number
26 IHEA 197073
Option Contract Number
26 IHEA 199205
Contract Performance Beginning Date
07/01/2025
Current Contract Expiration Date
06/30/2026
1. Options:
A. Option to change the quantity of Services under the Contract.
2. Required Provisions:
A. In accordance with Section 5.B.v and Exhibit A, Section 1(II)(D) of the Original Contract
referenced above, the State hereby exercises its option to Increase the quantity of the
Services for State Fiscal Year 2026 at the rates mandated by the Older Americans Act.
B. The Contract Maximum Amount table on the Contract's Signature and Cover Page is
hereby deleted and replaced with the Current Contract Maximum Amount table shown
above. The SFY 2026 funds are increased in the amount of $301,736.00, thereby raising
the SFY 2026 funds from $2,270,288.00 to $2,572,024.00.
C. Exhibit B-1, "Budget," attached and incorporated by reference, replaces Exhibit B
D. Exhibit C-1, "Supplemental for Provisions for Federal Awards," attached and
incorporated by reference, replaces Exhibit C.
3. Option Effective Date:
The effective date of this Option Letter is upon approval of the State Controller or July 2, 2025,
whichever is later.
Signature page begins on next page.
Page 1 of 2 Rev 1/14/19 / Acc 11/12/24
Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B
SO
COLORADO
Financial Services
STATE OF COLORADO
Jared Polls, Governor
Colorado Department of Human Services
Michelleclaamageb,Executive Director
friin. ()3 4u'
By: Erin Wester, Office Director
Office of Aging, Adult Et Disability Services
7/7/2025
Date:
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
/-DocuSigned by:
e. With O
,-D2A31DEB619c416...
By: Telly Belton/Toni Williamson/Amanda Rios
7/7/2025
Option Effective Date:
In accordance with §24-30-202 C.R.S., this
Option is not valid until signed and dated above
by the State Controller or an authorized
delegate.
Page 2 of 2 Rev 1/14/19 / Acc 11/12/24
Docusign Envelope ID- 9D9316B7-D19E-444D-A270-E6E4F66D634B
Exhibit B-1: Budget
AAA Title III and Title VII and State Funding for Senior Services
SFY 2026
Weld County, Colorado
Weld County Department of Human Services
Weld County Area Agency on Aging
Region 2B
July 1, 2025 - June 30, 2026
Funding Part
Title III Part B
SFY 2026 Budget
$288,562.00
Title III Part C1
$402,583.00
Title III Part C2
$273,508.00
Title III Part D
$20,986.00
Title III Part E
$129,511.00
State E Match
$7,476.00
Federal Admin
$115,619.00
Title VII Elder Abuse Prevention
$1,890.00
Title VII Ombudsman
$11,008.00
State Funding for Senior Services
$1,188,793.00
State Admin
$132,088.00
TOTAL
$2,572,024.00
This annual rate is set per Section I I. D. of Exhibit A.
The Colorado Department of Human Services (CDHS) is committed to accessibility.
For more on CDHS's accessibility policies, please visit https://cdhs.colorado.gov/accessibility-at-cdhs
If you have difficulty using this document's content, please email the State Unit on Aging
at cdhs_stateunitonaging®state.co.us or call 303-866-2800.
PAGE 1OF1
Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B
O4ORAO
. <x Financial ServicesD
Exhibit C-1 - Supplemental Provisions for Federal Awards
For the purposes of this Exhibit only, Contractor is also identified as "Subrecipient." This
Contract has been funded, in whole or in part, with an award of Federal funds. In the event of
a conflict between the provisions of these Supplemental Provisions for Federal Awards, the
Special Provisions, the Contract or any attachments or exhibits incorporated into and made a
part of the Contract, the Supplemental Provisions for Federal Awards shall control. In the event
of a conflict between the Supplemental Provisions for Federal Awards and the FFATA
Supplemental Provisions (if any), and/or exhibit regarding SLFRF Federal Provisions, the terms
re FFATA and/or SLFRF shall control. If the source of the funding of the Contract is a grant,
these Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions,
as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institutions of higher education.
1) Federal Award Identification
i. Subrecipient: Weld County, Colorado
Weld County Department of Human Services
Weld County Area Agency on Aging;
ii. Subrecipient DUNS number: 075757955;
and Subrecipient UEI number: MKKXT9U9MTV5;
iii. The Federal Award Identification Numbers (FAIN) are: Title III Part B - Supportive
Services - 25O1 COOASS; Title III Part C1 - Congregate Meals - 2501 COOACM; Title
III Part C2 - Home Delivered Meals - 25O1COOAHD; Title III Part D - Preventative
Health 25O1COOAPH; TITLE III Part E - National Family Caregiver Support
Program - 2501 COOAFC; Title VII EA - Elder Abuse Prevention - 25401 COOAEA;
and Title VII Ombudsman - Ombudsman - 2501 COOAOM
iv. The Federal award date is May 15, 2025;
v. The subaward period of performance start date is 10/01/2024 and end date is
09/30/2026;
vi. Federal Funds:
Page 1 of 15
Supplemental Provisions for Federal Awards
Revised 01.28.25
Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B
i. Federal award project description: Older Americans Act Title III - Grants for State
and Community Programs on Aging and Older Americans Act; Title VII -
Allotments for Vulnerable Elder Rights Protection and Ombudsman Activities.
ii. The name of the Federal awarding agency is Department of Health and Human
Services, Administration for Community Living; the name of the pass -through
entity is the State of Colorado, Department of Human Services (CDHS); and the
contact information for the awarding official is Cynthia Brammeier and can be
reachedviaemailatcynthia.brammeier@acl.hhs.gov. or by phone at
816.321.7341.
iii. The Catalog of Federal Domestic Assistance (CFDA) numbers are:
07/01/2025 TO
06/30/2026
TITLE 111 C1 CONGREGATE MEALS
2501COOACM
93.045
07/01/2025 TO
06/30/2026
TITLE III C2 HOME -DELIVERED MEALS
2501COOAHD
93.045
07/01/2025 TO
06/30/2026
TITLE III D PREVENTIVE HEALTH
2501COOAPH
93.043
07/01/2025 TO
06/30/2026
TITLE III E NFCSP
2501COOAFC
93.052
07/01/2025T°
06/30/2026
TITLE VII ELDER ABUSE PREVENTION
2501COOAEA
93.041
""1/2025 TO TITLE VII OMBUDSMAN
06/30/2026
251COOAOM
93.042
iv. This award is not for research Et development;
v. The indirect cost rate for the Federal award (including if the de minimis rate is
charged per 2 CFR 5200.414 Indirect (FEtA) costs) is pre -determined based upon the
State of Colorado and CDHS cost allocation plan.
2) All requirements imposed by CDHS on Subrecipient so that the Federal award is used in
accordance with Federal statutes, regulations, and the terms and conditions of the
Federal award, are stated in Exhibit A: Statement of Work.
3) Any additional requirements that CDHS imposes on Subrecipient in order for CDHS to meet
its own responsibility to the Federal awarding agency, including identification of any
required financial and performance reports, are stated in N/A.
4) Subrecipient's approved indirect cost rate is Subrecipient does not use an indirect cost
rate. Subrecipient's indirect costs are distributed based on its Indirect Cost Allocation
Plan
5) Subrecipient must permit CDHS and auditors to have access to Subrecipient's records and
financial statements as necessary for CDHS to meet the requirements of 2 CFR §200.331
Requirements for pass -through entities, §§ 200.300 Statutory and National Policy
Supplemental Provisions for Federal Awards Page 2 of 15 Revised 01.28.25
Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B
Requirements through §200.309 Period of performance, and Subpart F —Audit
Requirements of this Part.
6) The appropriate terms and conditions concerning closeout of the subaward are listed in
Section 16 of this Exhibit and Exhibit A: Statement of Work.
7) Matching Funds.
i. Subrecipient shall provide matching funds as stated in Exhibit A: Statement of Work.
Subrecipient shall have raised the full amount of matching funds prior to the
Effective Date and shall report to CDHS regarding the status of such funds upon
request. Subrecipient's obligation to pay all or any part of any matching funds,
whether direct or contingent, only extends to funds duly and lawfully appropriated
for the purposes of this Contract by the authorized representatives of the
Subrecipient and paid into the Subrecipient's treasury or bank account.
Subrecipient represents to CDHS that the amount designated as matching funds has
been legally appropriated for the purposes of this Contract by its authorized
representatives and paid into its treasury or bank account. Subrecipient does not
by this Contract irrevocably pledge present cash reserves for payments in future
fiscal years, and this Contract is not intended to create a multiple -fiscal year debt
of the Subrecipient. Subrecipient shall not pay or be liable for any claimed
interest, late charges, fees, taxes or penalties of any nature, except as required by
Subrecipient's laws or policies.
1. Definitions.
1.1 For the purposes of these Federal Provisions, the following terms shall have the
meanings ascribed to them below. For a full list of definitions (as of October 1,
2024) under the Uniform Guidance, see 2 CFR 200.1.
1.1.1 "Award" means an award of Federal financial assistance, and the
Contract setting forth the terms and conditions of that financial
assistance, that a non -Federal Entity receives or administers.
1.1.1.1 Awards may be in the form of:
1.1.1.1.1 Grants;
1.1.1.1.2 Contracts;
1.1.1.1.3 Cooperative Contracts, which do not include
cooperative research and development Contracts
(CRDA) pursuant to the Federal Technology Transfer
Act of 1986, as amended (15 U.S.C. 3710);
1.1.1.1.4 Loans;
1.1.1.1.5 Loan Guarantees;
1.1.1.1.6 Subsidies;
1.1.1.1.7 Insurance;
1.1.1.1.8 Food commodities;
Supplemental Provisions for Federal Awards Page 3 of 15 Revised July 2024 / Acc 11.12.24
Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B
1.1.1.1.9 Direct appropriations;
1.1.1.1.10 Assessed and voluntary contributions; and
1.1.1.1.11 Other financial assistance transactions that authorize
the expenditure of Federal funds by non -Federal
Entities.
1.1.1.1.12 Any other items specified by OMB in policy
memoranda available at the OMB website or other
source posted by the OMB.
1.1.1.2 Award does not include:
1.1.1.2.1 Technical assistance, which provides services in lieu of
money;
1.1.1.2.2 A transfer of title to Federally -owned property
provided in lieu of money; even if the award is called
a grant;
1.1.1.2.3 Any award classified for security purposes; or
1.1.1.2.4 Any award funded in whole or in part with Recovery
funds, as defined in section 1512 of the American
Recovery and Reinvestment Act (ARRA) of 2009
(Public Law 111-5).
1.1.2 "Contract" means the Contract to which these Federal Provisions are
attached and includes all Award types in B of this Exhibit.
1.1.3 "Contractor" means the party or parties to a Contract funded, in whole
or in part, with Federal financial assistance, other than the Prime
Recipient, and includes grantees, subgrantees, Subrecipients, and
borrowers. For purposes of Transparency Act reporting, Contractor does
not include Vendors.
1.1.4 "Unique Entity ID number" or "UEI" is the universal identifier for federal
financial assistance applicants, as well as recipients and their direct
subrecipients (first tier subrecipients).
1.1.5 "Entity" means:
1.1.5.1 If the source of the funding is a Grant:
1.1.5.1.1 a Non -Federal Entity; or
1.1.5.1.2 a non-profit organization or for-profit organization.
1.1.5.2 If the source of funding is not a Grant:
1.1.5.2.1 all of the following as defined at 2 CFR part 25, subpart
C;
1.1.5.2.2 A governmental organization, which is a State, local
government, or Indian Tribe;
1.1.5.2.3 a foreign public entity;
1.1.5.2.4 a domestic or foreign non-profit organization;
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1.1.5.2.5 a domestic or foreign for-profit organization; and
1.1.5.2.6 a Federal agency, but only a Subrecipient under an
Award or Subaward to a non -Federal entity.
1.1.6 "Executive" means an officer, managing partner or any other employee in
a management position.
1.1.7 If the source of funding is a Grant, "Federal Awarding Agency" means a
Federal agency providing a Federal Award to a Recipient as described in
2 CFR 200.1. If the source of funding is not a Grant, "Federal Award
Identification Number (FAIN)" means an Award number assigned by a
Federal agency to a Prime Recipient.
1.1.8 "FFATA" means the Federal Funding Accountability and Transparency Act
of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-
252. FFATA, as amended, also is referred to as the "Transparency Act."
1.1.9 "Federal Provisions" means these Federal Provisions subject to the
Transparency Act and Uniform Guidance, as may be revised pursuant to
ongoing guidance from the relevant Federal or State of Colorado agency
or institutions of higher education.
1.1.10 If the source of funding is a Grant, "Grant" as used herein is the
Contract to which these Federal Provisions are attached.
1.1.11 "Grantee" means the party or parties identified as such in the Grant to
which these Federal Provisions are attached if the source of funding is a
Grant. Grantee also means Subrecipient.
1.1.12 "Non -Federal Entity means a State, local government, Indian tribe,
institution of higher education, or nonprofit organization that carries
out a Federal Award as a Recipient or a Subrecipient.
1.1.13 "Nonprofit Organization" means any organization that:
1.1.13.1 Is operated primarily for scientific, educational, service,
charitable, or similar purposes in the public interest;
1.1.13.2 Is not organized primarily for profit;
1.1.13.3 Uses net proceeds to maintain, improve, or expand the
organization's operations; and
1.1.13.4 Is not an IHE.
1.1.14 "OMB" means the Executive Office of the President, Office of
Management and Budget.
1.1.15 "Pass -through Entity" means a recipient or subrecipient that provides a
Subaward to a Subrecipient (including lower tier subrecipients) to carry
out part of a Federal program. The authority of the pass -through entity
under this part flows through the Subaward agreements between the
pass -through entity and subrecipient.
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1.1.16 "Prime Recipient" means a Colorado State agency or institution of
higher education that receives an Award, or, of the source of funding is
a Grant it is that agency or institution identified as the Grantor in the
Grant to which these Federal Provisions are attached.
1.1.17 "Subaward" means an award provided by a pass -through entity to a
Subrecipient to contribute to the goals and objectives of the project by
carrying out part of a Federal award received by the pass -through
entity. The term does not include payments to a contractor,
beneficiary or participant.
1.1.18 "Subrecipient" or, if the source of funding is a Grant, "Subgrantee"
means an entity that receives a subaward from a pass -through entity to
carry out part of a Federal award. The term Subrecipient does not
include a beneficiary or participant. A Subrecipient may also be a
recipient of other Federal awards directly from a Federal agency.
1.1.19 "Subrecipient Parent UEI Number" means the subrecipient parent
organization's 12 -digit Unique Entity ID System (UEI) number that
appears in the subrecipient's System for Award Management (SAM)
profile, if applicable.
1.1.20 "System for Award Management (SAM)" means the Federal repository
into which an Entity must enter the information required under the
Transparency Act, which may be found at http://www.sam.gov.
1.1.21 "Total Compensation" means the cash and noncash dollar value an
Executive earns during the entity's preceding fiscal year. This includes
all items of compensation as prescribed in 17 CFR 229.402(c)(2).
1.1.22 "Transparency Act" means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of
Public Law 110-252. The Transparency Act may also be referred to as
FFATA.
1.1.23 "Uniform Guidance" means the Office of Management and Budget
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, which, unless the source of funding is
a Grant, supersedes requirements from OMB Circulars A-21, A-87, A-110,
and A-122, OMB Circulars A-89, A-102, and A-133, and the guidance in
Circular A-50 on Single Audit Act follow-up. The terms and conditions of
the Uniform Guidance flow down to Awards to Subrecipients unless the
Uniform Guidance or the terms and conditions of the Federal Award
specifically indicate otherwise.
1.1.24 "Vendor" means a dealer, distributor, merchant or other seller providing
property or services required for a project or program funded by an
Award. A Vendor is not a Prime Recipient or a Subrecipient and is not
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subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
2. Compliance.
2.1 Contractor/Grantee shall comply with all applicable provisions of the
Transparency Act and the regulations issued pursuant thereto, all applicable
provisions of the Uniform Guidance, including, but not limited to, all applicable
Federal Laws and regulations required by this Federal Award. Any revisions to
such provisions or regulations shall automatically become a part of these
Federal Provisions, without the necessity of either party executing any further
instrument. The State of Colorado, at its discretion, may provide written
notification to Contractor/Grantee of such revisions, but such notice shall not
be a condition precedent to the effectiveness of such revisions.
3. System for Award Management (SAM) and Unique Entity ID System
(UEI) Requirements.
1.2 SAM. Contractor/Grantee must obtain a UEI but are not required to fully register in
Sam.gov. Contractor/Grantee shall maintain the currency of its information in SAM
until the Contractor/Grantee submits the final financial report required under the
Award or receives final payment, whichever is later. Contractor/Grantee shall
review and update SAM information at least annually after the initial registration,
and more frequently if required by changes in its information.
1.3 UEI. Contractor/Grantee shall provide its UEI number to its Prime Recipient, and
shall update Contractor's/Grantee's information in www.sam.gov at least annually
after the initial registration, and more frequently if required by changes in
Contractor's/Grantee's information.
4. Total Compensation.
1.4 Contractor/Grantee shall include Total Compensation in SAM for each of its five
most highly compensated Executives for the preceding fiscal year if:
1.4.1 The total Federal funding authorized to date under the Award is $30,000
or more if the source of funding is a Grant, or otherwise $25,000 or
more if the source of funding is not a Grant; and
1.4.2 In the preceding fiscal year, Contractor/Grantee received:
1.4.2.1 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
1.4.2.2 $25,000,000 or more in annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal financial
assistance Awards or Subawards subject to the Transparency Act
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if the source of funding is a Grant or otherwise $25,000,000 or
more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance
Awards or Subawards subject to the Transparency Act if the
source of funding is not a Grant; and
1.4.2.3 The public does not have access to information about the
compensation of such Executives through periodic reports filed
under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue
Code of 1986.
5. Reporting.
1.5 If Contractor/Grantee is a Subrecipient of the Award pursuant to the Transparency
Act, Grantee shall report data elements to SAM and to the Prime Recipient as
required in this Exhibit. No direct payment shall be made to Grantee for providing
any reports required under these Federal Provisions and the cost of producing such
reports shall be included in the Contract/Grant price. The reporting requirements
in this Exhibit are based on guidance from the US Office of Management and
Budget (OMB), and as such are subject to change at any time by OMB. Any such
changes shall be automatically incorporated into this Contract/Grant and shall
become part of Contractor's/Grantee's obligations under this Contract/Grant.
6. Effective Date and Dollar Threshold for Reporting.
1.6 If the source of funding is a Grant, Reporting requirements in §7 below apply to
new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the
initial Award is below $30,000 but subsequent Award modifications result in a total
Award of $30,000 or more, the Award is subject to the reporting requirements as
of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but
funding is subsequently de -obligated such that the total award amount falls below
$30,000, the Award shall continue to be subject to the reporting requirements.
1.7 If the source of funding is not a Grant, Reporting requirements in §7 below apply
to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the
initial Award is below $25,000 but subsequent Award modifications result in a total
Award of $25,000 or more, the Award is subject to the reporting requirements as
of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but
funding is subsequently de -obligated such that the total award amount falls below
$25,000, the Award shall continue to be subject to the reporting requirements.
1.8 The procurement standards in §8 below are applicable to new Awards made by
Prime Recipient as of December 26, 2015. The standards set forth in §11 below are
applicable to audits of fiscal years beginning on or after December 26, 2014.
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7. Subrecipient Reporting Requirements.
1.9 If Contractor/Grantee is a Subrecipient, Contractor/Grantee shall report as set
forth below.
1.10 To SAM. A Subrecipient shall 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:
1.10.1 Subrecipient UEI Number;
1.10.2 Subrecipient UEI Number if more than one electronic funds transfer
(EFT) account;
1.10.3 Subrecipient parent's organization UEI Number;
1.10.4 Subrecipient's address, including: Street Address, City, State, Country,
Zip (+ 4 if source of funding is a Grant or as otherwise directed per SAM
directives for proper reporting), and Congressional District;
1.10.5 Subrecipient's top 5 most highly compensated Executives if the criteria
in §4 above are met; and
1.10.6 Subrecipient's Total Compensation of top 5 most highly compensated
Executives if the criteria in §4 above met.
1.11 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the
effective date of the Contract/Grant, the following data elements:
1.11.1 Subrecipient's UEI Number as registered in SAM.
1.11.2 Primary Place of Performance Information, including: Street Address,
City, State, Country, Zip code + 4, and Congressional District.
8. Procurement Standards.
1.12 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.
1.13 If the source of funding is a Grant: Domestic preference for procurements (2 CFR
200.322). As appropriate and to the extent consistent with law, the non -Federal
entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must
be included in all subawards including all contracts and purchase orders for work
or products under this award.
1.14 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
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section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
9. Access to Records.
1.15 A Subrecipient shall permit Recipient/Prime Recipient and its auditors to have
access to Subrecipient's records and financial statements as necessary for
Recipient to meet the requirements of 2 CFR 200.311-200.332 (Requirements for
pass -through entities), 2 CFR 200.300 (Statutory and national policy requirements)
through 2 CFR 200.309 (Modification to period of performance), 2 CFR 200.337
(Access to Records) and Subpart F -Audit Requirements of the Uniform Guidance.
1.16 A Subrecipient must collect, transmit, and store information related to this
Subaward in open and machine-readable formats (2 CFR 200.336).
10. Single Audit Requirements.
1.17 If a Subrecipient expends $1,000,000 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.
1.18 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.
1.19 Exemption. If a Subrecipient expends less than $1,000,000 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
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appropriate officials of the Federal agency, the State, and the Government
Accountability Office.
1.20 Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it
is properly performed and submitted when due in accordance with the Uniform
Guidance. Subrecipient shall prepare appropriate financial statements, including
the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510
(Financial statements) and provide the auditor with access to personnel, accounts,
books, records, supporting documentation, and other information as needed for
the auditor to perform the audit required by Uniform Guidance Subpart F -Audit
Requirements.
11. Contract/Grant Provisions for Subrecipient Contracts.
1.21 In addition to other provisions required by the Federal Awarding Agency or the
Prime Recipient, Contractors/Grantees that are Subrecipients shall comply with
the following provisions. Subrecipients shall include all of the following applicable
provisions in all subcontracts entered into by it pursuant to this Contract/Grant.
1.22 {Applicable to federally assisted construction contracts.} Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of "federally assisted construction contract" in 41 CFR Part 60-
1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive
Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and implementing regulations at 41 CFR part 60, Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor.
1.23 {Applicable to on -site employees working on government -funded construction,
alteration and repair projects.} Davis -Bacon Act. Davis -Bacon Act, as amended (40
U.S.C. 3141-3148).
1.24 Rights to Inventions Made Under a contract/grant or agreement. If the Federal
Award meets the definition of "funding agreement"/ "funding Contract" under 37
CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement,"/"funding
Contract", the Prime Recipient or Subrecipient must comply with the requirements
of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative
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Agreements," and any implementing regulations issued by the Federal Awarding
Agency.
1.25 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess
of $150,000 must contain a provision that requires the non -Federal awardee(s) to
agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal Awarding Agency and the Regional Office of the
Environmental Protection Agency (EPA).
1.26 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
1.27 Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the non -Federal award.
1.28 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
during 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.
1.29 Prohibition on certain telecommunications and video surveillance equipment or
services (2 CFR 200.216). Grantee is prohibited from obligating or expending loan
or grant funds on certain telecommunications and video surveillance services or
equipment pursuant to 2 CFR 200.216.
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1.30 Collection of Unallowable Costs (2CFR 200.410). Payments made for costs
determined to be unallowable by either the awarding Federal agency, cognizant
agency for indirect costs, or pass -through entity must be refunded with interest to
the Federal Government. Unless directed by Federal statute or regulation,
repayments must be made in accordance with the instructions provided by the
Federal agency or pass -through entity that made the allowability determination.
See §§ 200.300 through 200.309, and §200.346.
1.31 Whistle Blower Protections. An employee of a subrecipient must not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing
to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information
that the employee reasonably believes is evidence of gross mismanagement of a
federal contract or grant, a gross waste of Federal funds, an abuse of authority
relating to a Federal contract or grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a Federal
contract (including the competition for or negotiation of a contract) or grant. The
subrecipient must inform their employees in writing of employee whistleblower
rights and protections under 41 U.S.C. 4712. See statutory requirements for
whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and
10 U.S.C. 4310.
12. Certifications.
1.32 Unless prohibited by Federal statutes or regulations, Recipient/Prime Recipient
may require Subrecipient to submit certifications and representations required by
Federal statutes or regulations on an annual basis. 2 CFR 200.415. 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. If the required level of activity or effort was not carried out, the
amount of the Award must be adjusted.
13. Exemptions.
1.33 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.
1.34 A Contractor/Grantee with gross income from all sources of less than $300,000 in
the previous tax year is exempt from the requirements to report Subawards and
the Total Compensation of its most highly compensated Executives.
14. Event of Default and Termination.
1.35 Failure to comply with these Federal Provisions shall constitute an event of
default under the Contract/Grant and the State of Colorado may terminate the
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Contract/Grant upon 30 days prior written notice if the default remains uncured
five calendar days following the termination of the 30 -day notice period. This
remedy will be in addition to any other remedy available to the State of Colorado
under the Contract/Grant, at law or in equity.
1.36 Termination (2 CFR 200.340). The Federal Award may be terminated in whole or
in part as follows:
1.36.1 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;
1.36.2 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;
1.36.3 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
1.36.4 By the Federal Awarding Agency or Pass -through Entity pursuant to
termination provisions included in the Federal Award.
15. Additional Terms re Payments to Grantee to Supplement Main
Terms in Contract.
1.37 Federal Recovery: The closeout of a Federal Award does not affect the right of
the Federal Awarding Agency or the State to disallow costs and recover funds on
the basis of a later audit or other review. Any cost disallowance recovery is to be
made within the Record Retention Period, as defined below.
1.38 Close -Out: Grantee shall close out this Award within 45 days after the Fund
Expenditure End Date shown on the Signature and Cover Page for this Agreement.
To complete closeout, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Agreement and Grantee's final reimbursement
request or invoice. The State will withhold 5% of allowable costs until all final
documentation has been submitted and accepted by the State as substantially
complete. If the Federal Awarding Agency has not closed this Federal Award within
one year and 90 days after the Fund Expenditure End Date shown on the Signature
and Cover Page for this Agreement due to Grantee's failure to submit required
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documentation, then Grantee may be prohibited from applying for new Federal
Awards through the State until such documentation is submitted and accepted.
Exhibit End
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