Loading...
HomeMy WebLinkAbout20252046.tiffMariah Higgins From: Sent: To: Cc: Subject: Attachments: 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 Join Our Team Important: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. ejoen o r\ cot -1-; on5 t io.31a5 cc:ACT CRWICO) t o ( t a5 3c&S GKJ9(� I-iR6o9 "7 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 person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 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; Supplemental Provisions for Federal Awards Page 4 of 15 Revised July 2024 / Acc 11.12.24 Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B 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. Supplemental Provisions for Federal Awards Page 5 of 15 Revised July 2024 / ACC 11.12.24 Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B 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 Supplemental Provisions for Federal Awards Page 6 of 15 Revised July 2024 / Acc 11.12.24 Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B 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 Supplemental Provisions for Federal Awards Page 7 of 15 Revised July 2024 / Acc 11.12.24 Docusign Envelope ID: 9D9316B7-O19E-444D-A270-E6E4F66D834B 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. Supplemental Provisions for Federal Awards Page 8 of 15 Revised July 2024 / Acc 11.12.24 Docusign Envelope ID: 9D931607-D19E-444D-4270-E6E4F66D834B 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 Supplemental Provisions for Federal Awards Page 9 of 15 Revised July 2024 / Acc 11.12.24 Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B 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 Supplemental Provisions for Federal Awards Page 10 of 15 Revised July 2024 / Acc 11.12.24 Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B 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 Supplemental Provisions for Federal Awards Page 11 of 15 Revised July 2024 / Acc 11.12.24 Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B 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. Supplemental Provisions for Federal Awards Page 12 of 15 Revised July 2024 / Acc 11.12.24 Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B 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 Supplemental Provisions for Federal Awards Page 13 of 15 Revised July 2024 / Acc 11.12.24 Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B 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 Supplemental Provisions for Federal Awards Page 14 of 15 Revised July 2024 / Acc 11.12.24 Docusign Envelope ID: 9D9316B7-D19E-444D-A270-E6E4F66D834B 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 15 of 15 Revised July 2024 / Acc 11.12.24 Hello