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Home My WebLink About20232117.tiffRESOLUTION RE: APPROVE ACCEPTANCE OF PURCHASE ORDER FUNDS FOR COLORADO WORKS SUBSIDIZED TRAINING AND EMPLOYMENT PROGRAM (CW STEP), AND AUTHORIZE DEPARTMENT OF HUMAN SERVICES TO DISBURSE FUNDS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Purchase Order for the Colorado Works Subsidized Training and Employment Program (CW STEP) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Human Services, commencing July 1, 2023, and ending June 30, 2024, with further terms and conditions being as stated in said purchase order, and WHEREAS, after review, the Board deems it advisable to approve said purchase order, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Purchase Order for the Colorado Works Subsidized Training and Employment Program (CW STEP) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Human Services, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Purchase Order be, and hereby is, accepted, and the Department of Human Services, be, and hereby, is authorized to disburse said funds. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of July, A.D., 2023, nunc pro tunc July 1, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: P ) 4 �� Weld County Clerk to the Board .upaAuyrcJc, Deputy Clerk to the Board AP".eVED A ount Attorney Date of signature: P713) I Z 0 Z Mike - _ _� an, Chair erry, . Buc ,( Pro-Tem D. Ross SED Saine Cc:F-)SD oilli6/23 2023-2117 HR0095 ConrivQ Cl- 1N '7223 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: July 18, 2023 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Colorado Department of Human Services Colorado Works Subsidized Training and Employment Program (CW STEP) Purchase Order Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Colorado Department of Human Services Colorado Works Subsidized Training and Employment Program (CW STEP) Purchase Order. Employment Services of Weld County (ESWC) has received $150,000.00 in funds in the form of Purchase Order# IHGA 20240000092, from the State of Colorado Department of Human Services (CDHS) in partnership with the Colorado Department of Labor and Employment (CDLE). This funding was authorized by legislative approval for the implementation of the Colorado Works Subsidized Training and Employment Program (CW STEP), which was created through Senate Bill 17-292. The CW STEP is a statewide program that aims to assist Colorado Works recipients in attaining living -wage, permanent jobs through employment opportunities with subsidized wages, including apprenticeships, on-the-job training, Subsidized Employment including transitional jobs, and paid internships. Purchase Order funding is for the period July 1, 2023 through June 30, 2024. I do not recommend a Work Session. I recommend approval of this Purchase Order and authorize the ESWC to dispense the purchase order funds as appropriate. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Pass -Around Memorandum; July 18, 2023 — CMS ID 7223 Page 1 2023-2117 7(269 N4�O0qS STATE OF COLORADO Department of Human Services Page of ORDER *****IMPORTANT***** Number: PO,IHGA,202400000972 Date: 6/6/23 Description: SFY24;Weld;CWSTEP; Non-encumb CFMS; eCL 2309710;CMS 184162 Effective Date: 07/01/23 Ex. iration Date: 06/30/24 The order number and line number must appear on all invoices, packing slips, cartons, and correspondence. BILL TO ACCOUNTING 1575 SHERMAN STREET, 6TH FLOOR DENVER, CO 80203-1714 DYER .HIP TO SELF SUFFICIENCY--COLO WORKS 1575 SHERMAN STREET, 3RD FLOOR DENVER, CO 80203-1714 Buyer: CHRISTINE REICHLEY Email: christine.reichley@state.co.us VENDOR WELD COUNTY Human Services PO BOX A GREELEY, CO 80632 Contact: VENDOR Phone: 000.000.0000 SHIPPING INSTRUCTIONS Delivery/Install Date: FOB: ENDOR INSTRUCTIONS XTENDED DESCRIPTION Per SB 17-292, the Colorado Department of Human Services (CDHS) continues to partner with the Colorado Department of Labor and Employment (CDLE), county departments, community organizations, and the Colorado Workforce Development Council (CWDC) to enhance program service delivery, per SOW. 'Code 1O31 , �a m 95239 0 0.00 $150,000.00 ❑ Description: SFY24;Weld;CWSTEP; Non-encumb CFMS; eCL 2309710;CMS 184162 Service From: 07/01/23 Service To: 06/30/24 TERMS AND CONDITIONS https://www.colorado.gov/osc/purchase-order-terms-conditions DOCUMENT TOTAL = $150,000.00 EXHIBIT A - STATEMENT OF WORK 1. ACRONYMS AND DEFINITIONS: 1.1. CDHS: Colorado Department of Human Services. The department responsible for funding and overseeing CW STEP. Referred to within this Contract as the Department 1.2. Host Site Employers: A business or agency agreeing to host, train, and supervise a CW STEP client and certify the hours the client has worked. 1.3. Employer of Record: A business or agency responsible for paying wages to a CW STEP client, withholding and payment of payroll taxes, including FICA, Medicare, and applicable unemployment insurance taxes, worker's compensation coverage, and preparation and distribution of federal and state taxes. 1.4. Living Wage: For purposes of CW STEP, living wage is calculated as 50% of the Massachusetts Institute of Technology Living Wage Calculator for one adult and two children, based on the county of residence. 1.5. County: The county human services department that administers CW STEP in a county or counties. 1.6. Prevailing Wage: Defined as the hourly wage, usual benefits and overtime paid in the largest city in each county, to the majority of workers, laborers, and mechanics. Prevailing wages are established by the Department of Labor & Industries for each trade and occupation employed in the performance of public work. 1.7. Subsidized Employment: Earnings from employment or training in combination with work in which all or a portion of the wage is paid to an employer with CW STEP funds. 1.8. Successful Exit: When a CW STEP client exits CW STEP due to being hired for an unsubsidized job or when they exit with measurable skill gains. 1.9. TANF: Temporary Assistance for Needy Families. Known in Colorado as "Colorado Works". 1.10. Training: Training tied to a specific occupation and industry recognized which helps build employable skills that is attached to an employment opportunity and is an expressed component necessary for an individual to gain employment. Training may be paid or unpaid. 1.11. Underemployed: An individual employed for no more than 20 hours per week, for at least 4 consecutive weeks, who is actively seeking employment utilizing the public workforce system. 1.12. Unemployed: An individual without employment for at least 4 consecutive weeks, who is actively seeking employment utilizing the public workforce system. Exhibit A — Statement of Work Page 1 of 9 1.13. Unsubsidized Employment: Earnings from employment provided by an employer who does not receive a subsidy for the creation and maintenance of the employment position. 1.14. Unsuccessful Exit: When a CW STEP client is no longer suited to participate due to lack of client engagement, relocating to a different state, being physically unable to work, or other reasoning which precluded the client from gaining an unsubsidized job. 2. OBJECTIVE The purpose of this contract is to implement the Colorado Works Subsidized Training and Employment Program (CW STEP). CW STEP is a statewide program that aims to assist Colorado Works recipients in attaining living -wage, permanent jobs through employment opportunities with subsidized wages, including apprenticeships, on-the-job training, Subsidized Employment including transitional jobs, and paid internships. CW STEP aims to address the TANF purpose of reducing the dependency of CW parents by promoting job preparation, work and marriage. 3. SCOPE The County shall develop, implement, and administer CW STEP in the following county(ies): XXXXXX. The County shall ensure that services are delivered in a culturally competent manner, are language appropriate, and that they meet the needs and challenges of the target population. A. CW STEP Plan. The County shall develop a comprehensive plan for how they will develop, implement, and administer CW STEP. B. Eligible Clients. An eligible client is an individual who is eligible to receive Colorado Works Basic Cash Assistance (BCA) and who is deemed appropriate for and can benefit from CW STEP based on their Colorado Works assessment. Adults receiving BCA and age appropriate/work ready children may receive services through CW STEP. Parents, step-parents, and youth are all eligible, as are work -required and non -work -required household members who are recipients of the BCA grant. C. Allowable Activities. The County shall ensure that CW STEP clients are enrolled in at least 1 of the following allowable activities: a. Work -based learning occurs in part or wholly in the workplace, designed to provide the learner with hands-on, real world experience. For the purpose of CW STEP, work -based learning opportunities include Subsidized Employment, transitional jobs, apprenticeships, on-the-job training, and internships. b. Subsidized Employment is employment in the public or private sector for which the employer receives a subsidy to offset wages and costs of employing the client. Subsidized employment entails time -limited, wage - paid work that helps individuals who are chronically Unemployed or Underemployed, often with barriers to employment, establish work history and develop workplace skills with a goal of obtaining Unsubsidized Employment. c. Transitional Job is a form of Subsidized Employment, combining real work, skill development, and support services to help clients overcome substantial barriers to employment. Exhibit A — Statement of Work Page 2 of 9 d. On -the -Job Training combines productive work with the provision of knowledge and skills essential to full, competent performance on the job. The employer and worker/client engage in a training plan with the goal of full employment in the position. e. Apprenticeship is an employer -driven, experiential learning model combining on-the-job learning as a paid employee with related classroom instruction in order to increase one's skill level and wages. Apprenticeships do not have to be registered. f. Internship is an employment opportunity in a real -world environment, designed to expose the client to the work environment, requirements, and behavioral expectations of a particular occupation or industry. These work experiences are designed to stimulate long-term employment success but are not expected to provide formal occupational skills training. D. Allowable Spending. The County shall spend CW STEP funds in the following ways: a. Work Experience and Wages: i. clients will receive subsidized wages (in combination with complementary Training and/or other support) for up to 6 months at a maximum of 40 hours per week. ii. Employment can occur in a broad spectrum of venues: private, public, nonprofit, or community -based organizations. iii. clients may be paid the Prevailing Wage (as determined with local Labor Market Information) for the job they are doing commensurate with their experience. iv. Types of work experience can include 1 or a combination of: Subsidized Employment, work -based learning, apprenticeships, internships, transitional jobs, on-the-job training, career Training, extended learning, instructional site learning, and job shadowing and classroom Training directly related to work. v. All placements must include hands-on work experience with a wage. vi. Depending on the nature of the placement, clients may be compensated in wages for up to 100% for any of the activities listed above under "allowable activities." b. Supportive Services: i. Eligible supportive services must be directly related to the client's ability to work in the immediate subsidized placement. ii. Available county TANF funds for supportive services shall be prioritized when applicable before CW STEP funds may be used for supportive services. CW STEP funds used for supportive services must be directly related to the client's ability to work in the immediate subsidized placement. 1. Allowable supportive services expenses include, but are not limited to, tools, uniforms, car repairs, rental and utility assistance, non -recurrent personal needs (including eyeglasses), and other non -recurrent needs that may inhibit participation in work. 2. TANF and CW STEP funds may not be used to pay for medical expenses including office visits, treatment, and Exhibit A — Statement of Work Page 3 of 9 medicines unless it is not covered by Medicaid and the expense is pre -approved by the Department. c. Job Coaching i. Case management and coaching may be provided independently or in combination with supportive services. Available county TANF funds for case management and coaching shall be prioritized when applicable before CW STEP funds may be used for these services. ii. Job Coaching/Case Management should be related to CW STEP activities along with other employment barrier removal. d. The County shall not spend CW STEP funds on standalone Training to clients. Training must always be concurrent with some form of Subsidized Employment (i.e. Training is attached to an employment opportunity and is an expressed component necessary for an individual to gain employment). E. Outreach and Recruitment of Host Site Employers. a. When recruiting Host Site Employers, the County shall strive to recruit employers that offer access to programs that encourage employers to hire clients (e.g. Federal Bonding) and to programs that reward clients for obtaining and retaining employment (e.g. Earned Income Tax Credit). b. The County shall perform job development activities to recruit businesses into the program and determine their needs and requirements. c. The County may use multiple methods to recruit participating employers: media campaigns, marketing events, staffing agencies, their own connections/word of mouth, and/or tasking clients to market themselves to prospective employers. i. The cost of employer recruitment materials and development shall be built into administrative costs and are not anticipated to exceed 2% of total administrative costs. ii. The County shall use all CW STEP marketing materials that the Department provides. d. The County shall not blindly refer clients to an employer. The employer will have an opportunity to pre-screen clients via employment fairs, Connecting Colorado, interviews, or other agreed upon methods. F. Recruiting and Enrollment of CW STEP Clients. a. The County shall provide onboarding services immediately following a referral and begin the process to match a client in allowable CW STEP activities. b. The recommended period from time of referral to time of placement is 2 weeks. However, the Department will not monitor compliance on the amount of time between referral and placement. G. Client Placements. CW STEP clients may be placed at a Host Site Employer for up to 6 months. Written approval from the Department is required if the County wants to extend the placement for more than 6 months. a. A client may be placed 3 times in the program year. b. A client may.only work up to 40 hours per week at their placement. H. County Agreements. In order to successfully implement and administer CW STEP, the County must collaborate with the county department(s) of human/social services and community partners (e.g. community -based organizations, community colleges, workforce centers, early childhood councils, and family resource centers). Exhibit A — Statement of Work Page 4 of 9 a. The County shall maintain regular communication with the county department(s) of human/social services or other agencies working with CW STEP clients. b. It is the responsibility of the County to notify referring counties if the pipeline becomes over -burdened (supply of clients greater than the demand from employers) with referrals while clients are being matched to employers. c. The County shall be the first source to provide technical assistance for CW STEP to their county and community based partners. I. Working with Employers and Payroll. The County may either choose to act as the Employer of Record (i.e. payroll, employment functions) or reimburse the actual Employer Host Sites for the cost of paying clients, etc. The Employer of Record must not be in violation of the Civil Rights Act, the Americans with Disabilities Act or any other law governing the equal treatment of employees in the workplace. a. The County may use a staffing agency for payroll/benefits purposes, including issuing the W -2s. b. Only Work Experience hours actually worked are paid a wage. c. The Employer of Record (the County or employer) shall issue paychecks and W -2s to clients. d. All placements shall be subject to the Fair Labor Standards Act (FLSA). e. CW STEP clients shall be treated equitably by the participating employers. f. The subsidy paid by CW STEP shall be negotiated with each employer (based upon the client's skill level). g. Employers that commit to placing a client must affirm that no individuals are on layoff from the same or any substantially equivalent job within the company or organization, and that no existing regular employees were terminated to create the vacancy that shall be filled by the program client (Section 407(f) of the Deficit Reduction Act; Section 181 of the Workforce Investment Act; 20 CFR 667.270). h. The work -based Training option should provide an opportunity for the client to perform value added work to the business. The employer is not bound to hire the client at the completion of the subsidized period; however, the client may be considered for the position before beginning an external search. i. For On -the -Job Training opportunities, the employer is expected to retain clients who successfully complete the Training period. j. For other categories of allowable activities offered in CW STEP targeted Training should relate to open positions within the local labor market with an opportunity to connect to employment at the particular site or other employer in the community. k. Workers' compensation shall be paid according to arrangements made between employers and the county. The entity that pays the employee will pay the workers' compensation. J. Case Files and Documentation. The County shall maintain a detailed case file for each client. This file may be paper or electronic. It must contain job placement and other activities, including employer information, job title, job/position description, projected and actual length of activity, and all relevant outcomes including wage at placement, at exit and if health benefits are offered with the Exhibit A — Statement of Work Page 5 of 9 job. The client case file will be used to monitor the performance of the County in meeting program and contract objectives. The list below is not exhaustive and includes examples of mandatory documents that must be retained in the case file. a. CW STEP Time Sheets: The employer of record must complete and submit a client timesheet to the County on a pre -determined and consistent monthly schedule. The County must verify that the time sheet aligns with payroll. b. Performance Evaluations: CW STEP client performance should be evaluated on a repeating schedule, at a minimum, to coincide with time sheet/payroll submissions or as deemed appropriate by County staff. Suggested areas to evaluate clients' on the job performance include: job knowledge, work quality, attendance, dependability and communication/listening skills. Methods of collecting information can include, but are not limited to, standard CW STEP forms, personal communication between CW STEP staff and employer, standardized employer forms, or other documentation methods. c. Client Status Report: The County shall keep regular activity logs for each client and shall complete a client status update in the appropriate database system(s). These reports shall include notes on interactions and services offered. Reports should reflect the number of hours clients spend in subsidized Training and employment activities. d. Case Notes: The County shall document in the appropriate electronic system detailed case notes after each client interaction, placement, and exit. Case notes/comments from electronic systems may be copied and pasted into the case file or be printed to be put in a paper file. e. Subsidized Employment Agreement: The County shall place in the file signed copies of all employment agreements. K. LAC Training and Meetings. The County shall attend all required Department training and meetings. a. Through these meetings, the County shall actively identify problems and areas to improve or change. L. Operations Guide and Memorandums. The County shall comply with all procedures and processes outlined in the CW STEP Operations Guide and all memorandums issued by the Department related to CW STEP. This includes any memorandums issued prior to the start of this Contract. M. Optional Services. The County may choose to include the following services within the scope of CW STEP. a. Administer assessments to identify barriers, develop short- and long-term employment and career goals, skills, and match clients to work assignments that fit their interests, needs, and circumstances b. Provide life skills and job readiness Training (such as adhering to workplace norms) in conjunction with Subsidized Employment. c. Offer connections to work supports and job retention services, such as short-term child care, transportation, and community health resources in order to support Subsidized Employment assignments. Exhibit A - Statement of Work Page 6 of 9 d. Provide work -focused case management assistance which leads to permanent, Unsubsidized Employment, in conjunction with Subsidized Employment assignments. 4. PERSONNEL REQUIREMENTS A. Personnel General Requirements. The County shall provide sufficient personnel to perform the work described in this Statement of Work. In the event that the Department determines that the County has provided insufficient staff or staff that does not have the necessary skills, knowledge or experience to perform the work, the County shall provide additional and replacement staff to perform its obligations. a. The County shall maintain appropriate staffing levels throughout the term of the contract. B. Subcontracting. There is no contractual relationship between subcontractors and the Department. The contractual relationship exists only between the County and the Department, between whom there is "privity of contract." a. the Department will manage the County's performance according to the terms agreed upon in this Exhibit A, Statement of Work. b. The County may choose to subcontract with another agency, organization, or individual to serve as the employer of record. Any subcontractors will be specified in the County's budget and are subject to the Department's prior approval. c. Budgets cannot be modified to include, delete or change subcontractors without consultation with and approval from the Department. d. The County will report on subcontractor activities as a part of their program report. Billing for subcontracted work shall be included as a part of the County's submission. 5. OUTCOMES: A. All placements shall be in industries/occupations tied to local labor market demands. B. The County shall exit at least 35% of enrolled clients to Unsubsidized Employment. a. Of those 35%, the County shall exit at least 20% of clients to a living -wage job. C. At exit, at least 40% of clients will have gained marketable skills that are expected to lead to obtaining a living -wage job in the short-term (i.e. less than 2 years). a. The County shall clearly document in the case file how these skills will reasonably lead to a living -wage job. D. The Department and the County may also choose to assess additional long-term and 2Gen (i.e. parent -focused, child -focused, and family -focused) measures, pending data availability and accessibility. 6. BUDGET A. The County shall develop a budget in collaboration with the Department. The Department will make recommended changes to the budget based on their experience with overseeing CW STEP. Exhibit A — Statement of Work Page 7 of 9 B. Modifications to the budget are made through amendments and are subject to program needs and available funding. The Department shall review written requests for deviations from the scope of work or the approved budget within 2 business days and respond to the request within 5 business days. All change requests must be based on actual or projected data. The Department can approve or deny requests. C. Changes to the budget greater than 20% require approval from the Department. a. The County shall submit changes to the budget that are 20% or less via email or written notice to the Department. b. Line item shifts that result in a change to the percentage of funding expended on direct services require pre -approval from the Department. D. The County shall develop a process that ensures spending and considers redistribution of funds based on performance and outcomes. E. The County shall not use CW STEP funds to supplant other contracts/programs. 7. MONITORING, REPORTING, AND EVALUATION A. Monitoring. The County shall use the following monitoring methods to collect data, measure outputs and outcomes, and evaluate overall programming: a. Audit: On a quarterly basis, the Department will review files for compliance with applicable CW STEP guidelines outlined in this Exhibit A, Statement of Work, and the CW STEP Operations Handbook. These audits may occur on -site or remotely via the agreed upon database. Counties will be provided audit guidelines and file sample list at least 2 weeks prior to audit. b. Survey: The County shall conduct an exit survey for each CW STEP client when they secure unsubsidized employment. The surveys will help capture client feedback. Surveys will be primarily electronic, but clients can request to complete a paper version. A copy of the survey shall be retained in the case file. B. Reporting. The County shall collect and track program data and provide client information and expenditure reports to the Department as follows: a. Bi-annual Narrative Reports are due by the 10th of January, and by the 10th of July. Bi-annual narrative reports shall contain information for the preceding months of program activity. i. The Department will provide a template to be used within 60 days from the beginning of the Contract period. b. If the day listed above falls on a weekend or State holiday, the report shall be due on the following business day. C. Evaluation. a. Formal evaluation of CW STEP is required by the legislature. The Department will contract with an outside agency to perform this evaluation. The County shall comply with all requirements needed to complete this evaluation. b. The Department may conduct informal evaluations of the County. This may occur at least once during the contract's terms. Additionally, the Department have the right to inspect the County's records at any reasonable time, in order to assure compliance with and performance Exhibit A - Statement of Work Page 8 of 9 of the terms of the contract and its Statement of Work. Any amounts the Department paid improperly shall be immediately returned to the Department or may be recovered in accordance with other remedies. 8. COMPENSATION, INVOICES, AND PAYMENT A. Compensation. a. All reimbursements will be made on a cost -reimbursable basis, based on actual expenditures. b. The specified services provided by the County are federally funded and must comply with the Office of Management and Budget guidelines and principles related to allocable and allowable costs. 9. DUTIES AND OBLIGATIONS OF THE DEPARTMENT A. The Department will coordinate information exchanges and training sessions for workforce regions, community based organizations, and county departments of human/social services. B. The Department will notify the County of any changes to state regulations governing the program. C. The Department will consult with and provide to the County the data collection requirements. D. The Department will review spending levels, including actual and encumbered by the County as compared to their initial amount of funding. a. The Department will determine whether the County is spending at a pace that will allow them to meet their budget and participation estimates. The contract may be amended to reallocate funds accordingly. E. The Department may increase or decrease the quantity of goods/services described in the section/schedule based upon the rates established in the contract. Exhibit A — Statement of Work Page 9 of 9 Colorado Works Subsidized Training and Employment Program (CW STEP) Budget Exhibit A COUNTY / ORGANIZATION: Employment Services of Weld County ANTICIPATED # OF PARTICIPANTS SERVED AVERAGE COST PER PARTICIPANT CW STEP FUNDS REQUESTED: FOR THE PERIOD (anticipated): Budget — Program Costs 25 $6,000.00 $150,000.00 July 01, 2023 -June 30, 2024 Total Cost DIRECT COSTS OF TRANSITIONAL JOBS: Subsidized wages Supportive services Participant Trainin ($ ($ ($ 20,000) ($ 135,000) 105,000) 10,000) PERSONNEL EXPENSES: Administration (Fiscal, Quality Control) 15,000 15,000 CONTRACTUAL SERVICES: OPERATING EXPENSES: Equipment Supplies Marketing TRAVEL: Mileage Travel, training, fees OTHER: INDIRECT: Indirect rate: 10.00% Total Indirect Exuenses $150,000 a COLORADO Financial Setvices Oepanment d Human Sentces DIv.Ori of Contracts and Procurement EXHIBIT C - HIPAA BUSINESS ASSOCIATE AGREEMENT This HIPAA Business Associate Agreement ("Agreement") between the State and Contractor is agreed to in connection with, and as an exhibit to, the Contract. For purposes of this Agreement, the State is referred to as "Covered Entity" and the Contractor is referred to as "Business Associate". Unless the context clearly requires a distinction between the Contract and this Agreement, all references to "Contract" shall include this Agreement. 1. PURPOSE Covered Entity wishes to disclose information to Business Associate, which may include Protected Health Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI in compliance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Pub. L. No. 104-191 (1996) as amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH Act") enacted under the American Recovery and Reinvestment Act of 2009 ("ARRA") Pub. L. No. 111-5 (2009), implementing regulations promulgated by the U.S. Department of Health and Human Services at 45 C.F.R. Parts 160, 162 and 164 (the "HIPAA Rules") and other applicable laws, as amended. Prior to the disclosure of PHI, Covered Entity is required to enter into an agreement with Business Associate containing specific requirements as set forth in, but not limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal Regulations ("C.F.R.") and all other applicable laws and regulations, all as may be amended. 2. DEFINITIONS The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. The following terms used in this Agreement shall have the meanings set forth below: a. Business Associate. "Business Associate" shall have the same meaning as the term "business associate" at 45 C.F.R. 160.103, and shall refer to Contractor. b. Covered Entity. "Covered Entity" shall have the same meaning as the term "covered entity" at 45 C.F.R. 160.103, and shall refer to the State. c. Information Technology and Information Security. "Information Technology" and "Information Security" shall have the same meanings as the terms "information technology" and "information security", respectively, in §24-37.5-102, C.R.S. Page 1 of 13 HIPAA BAA Revised August 2018 a COLORADO Financial Services DcPutmern or Hunan scrub,, Uivismn or Contracts and Pro,ur ement Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the meanings ascribed to them in the Contract. 3. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE a. Permitted Uses and Disclosures. i. Business Associate shall use and disclose PHI only to accomplish Business Associate's obligations under the Contract. To the extent Business Associate carries out one or more of Covered Entity's obligations under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with any and all requirements of Subpart E that apply to Covered Entity in the performance of such obligation. Business Associate may disclose PHI to carry out the legal responsibilities of Business Associate, provided, that the disclosure is Required by Law or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that: A. the information will remain confidential and will be used or disclosed only as Required by Law or for the purpose for which Business Associate originally disclosed the information to that person, and; B. the person notifies Business Associate of any Breach involving PHI of which it is aware. iii. Business Associate may provide Data Aggregation services relating to the Health Care Operations of Covered Entity. Business Associate may de - identify any or all PHI created or received by Business Associate under this Agreement, provided the de -identification conforms to the requirements of the HIPAA Rules. d. Minimum Necessary. Business Associate, its Subcontractors and agents, shall access, use, and disclose only the minimum amount of PHI necessary to accomplish the objectives of the Contract, in accordance with the Minimum Necessary Requirements of the HIPAA Rules including, but not limited to, 45 C.F.R. 164.502(b) and 164.514(d). Page 2 of 13 HIPAA BAA Revised August 2018 a COLORADO Financial Services Depamne.0 ot Human Sernces .tsron of Contracts and Procurement e. Impermissible Uses and Disclosures. i. Business Associate shall not disclose the PHI of Covered Entity to another, covered entity without the written authorization of Covered Entity. ii. Business Associate shall not share, use, disclose or make available any Covered Entity PHI in any form via any medium with or to any person or entity beyond the boundaries or jurisdiction of the United States without express written authorization from Covered Entity. f. Business Associate's Subcontractors. g. Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of Business Associate agree in writing to the same restrictions, conditions, and requirements that apply to Business Associate with respect to safeguarding PHI. Business Associate shall provide to Covered Entity, on Covered Entity's request, a list of Subcontractors who have entered into any such agreement with Business Associate. iii. Business Associate shall provide to Covered Entity, on Covered Entity's request, copies of any such agreements Business Associate has entered into with Subcontractors. Access to System. If Business Associate needs access to a Covered Entity Information Technology system to comply with its obligations under the Contract or this Agreement, Business Associate shall request, review, and comply with any and all policies applicable to Covered Entity regarding such system including, but not limited to, any policies promulgated by the Office of Information Technology and available at http://oit.state.co.us/about/policies. h. Access to PHI. Business Associate shall, within ten days of receiving a written request from Covered Entity, make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.F.R. 164.524. i. Amendment of PHI. i. Business Associate shall within ten days of receiving a written request from Covered Entity make any amendment to PHI in a Designated Record Set as directed by or agreed to by Covered Entity pursuant to 45 C.F.R. Page 3 of 13 HIPAA BAA Revised August 2018 a J• COLORADO Financial Services L.Partment of Homan Sr.. oo s 0,,,on of Contracts and Procuterne 164.526, or take other measures as necessary to satisfy Covered Entity's obligations under 45 C.F.R. 164.526. Business Associate shall promptly forward to Covered Entity any request for amendment of PHI that Business Associate receives directly from an Individual. Accounting Rights. Business Associate shall, within ten days of receiving a written request from Covered Entity, maintain and make available to Covered Entity the information necessary for Covered Entity to satisfy its obligations to provide an accounting of Disclosure under 45 C.F.R. 164.528. k. Restrictions and Confidential Communications. Business Associate shall restrict the Use or Disclosure of an Individual's PHI within ten days of notice from Covered Entity of: A. a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or B. a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522. ii. Business Associate shall not respond directly to an Individual's requests to restrict the Use or Disclosure of PHI or to send all communication of PHI to an alternate address. iii. Business Associate shall refer such requests to Covered Entity so that Covered Entity can coordinate and prepare a timely response to the requesting Individual and provide direction to Business Associate. 1. Governmental Access to Records. Business Associate shall make its facilities, internal practices, books, records, and other sources of information, including PHI, available to the Secretary for purposes of determining compliance with the HIPAA Rules in accordance with 45 C.F.R. 160.310. Audit, Inspection and Enforcement. Business Associate shall obtain and update at least annually a written assessment performed by an independent third party reasonably acceptable to Covered Entity, which evaluates the Information Security of the applications, infrastructure, and processes that interact with the Covered Entity data Business Associate receives, manipulates, stores and Page 4 of 13 HIPAA BAA Revised August 2018 a COLORADO Financial Services Detainment of Hunan Services Dimon of Contracts and Procurement distributes. Upon request by Covered Entity, Business Associate shall provide to Covered Entity the executive summary of the assessment. ii. Business Associate, upon the request of Covered Entity, shall fully cooperate with Covered Entity's efforts to audit Business Associate's compliance with applicable HIPAA Rules. If, through audit or inspection, Covered Entity determines that Business Associate's conduct would result in violation of the HIPAA Rules or is in violation of the Contract or this Agreement, Business Associate shall promptly remedy any such violation and shall certify completion of its remedy in writing to Covered Entity. n. Appropriate Safeguards. i. Business Associate shall use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 with respect to electronic PHI to prevent use or disclosure of PHI other than as provided in this Agreement. ii. Business Associate shall safeguard the PHI from tampering and unauthorized disclosures. iii. Business Associate shall maintain the confidentiality of passwords and other data required for accessing this information. iv. Business Associate shall extend protection beyond the initial information obtained from Covered Entity to any databases or collections of PHI containing information derived from the PHI. The provisions of this section shall be in force unless PHI is de -identified in conformance to the requirements of the HIPAA Rules. o. Safeguard During Transmission. P. Business Associate shall use reasonable and appropriate safeguards including, without limitation, Information Security measures to ensure that all transmissions of PHI are authorized and to prevent use or disclosure of PHI other than as provided for by this Agreement. ii. Business Associate shall not transmit PHI over the internet or any other insecure or open communication channel unless the PHI is encrypted or otherwise safeguarded with a FIPS-compliant encryption algorithm. Reporting of Improper Use or Disclosure and Notification of Breach. Page 5of13 HIPAA BAA Revised August 2018 a q. COLORADO Financial Services [Jepmtmern d Human Services Divis!on q( Contracts and Procurement Business Associate shall, as soon as reasonably possible, but immediately after discovery of a Breach, notify Covered Entity of any use or disclosure of PHI not provided for by this Agreement, including a Breach of Unsecured Protected Health Information as such notice is required by 45 C.F.R. 164.410 or a breach for which notice is required under §24-73-103, C.R.S. ii. Such notice shall include the identification of each Individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such Breach. iii. Business Associate shall, as soon as reasonably possible, but immediately after discovery of any Security Incident that does not constitute a Breach, notify Covered Entity of such incident. iv. Business Associate shall have the burden of demonstrating that all notifications were made as required, including evidence demonstrating the necessity of any delay. Business Associate's Insurance and Notification Costs. i. Business Associate shall bear all costs of a Breach response including, without limitation, notifications, and shall maintain insurance to cover: A. loss of PHI data; B. Breach notification requirements specified in HIPAA Rules and in §24-73-103, C.R.S.; and C. claims based upon alleged violations of privacy rights through improper use or disclosure of PHI. ii. All such policies shall meet or exceed the minimum insurance requirements of the Contract or otherwise as may be approved by Covered Entity (e.g., occurrence basis, combined single dollar limits, annual aggregate dollar limits, additional insured status, and notice of cancellation). iii. Business Associate shall provide Covered Entity a point of contact who possesses relevant Information Security knowledge and is accessible 24 hours per day, 7 days per week to assist with incident handling. Page 6 of 13 HIPAA BAA Revised August 2018 a COLORADO Financial Sesvices Department or Human Serapes Divisron of Contracts and Procurement iv. Business Associate, to the extent practicable, shall mitigate any harmful effect known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of this Agreement. r. Subcontractors and Breaches. Business Associate shall enter into a written agreement with each of its Subcontractors and agents, who create, receive, maintain, or transmit PHI on behalf of Business Associate. The agreements shall require such Subcontractors and agents to report to Business Associate any use or disclosure of PHI not provided for by this Agreement, including Security Incidents and Breaches of Unsecured Protected Health Information, on the first day such Subcontractor or agent knows or should have known of the Breach as required by 45 C.F.R. 164.410. ii. Business Associate shall notify Covered Entity of any such report and shall provide copies of any such agreements to Covered Entity on request. s. Data Ownership. i. Business Associate acknowledges that Business Associate has no ownership rights with respect to the PHI. ii. Upon request by Covered Entity, Business Associate immediately shall provide Covered Entity with any keys to decrypt information that the Business Association has encrypted and maintains in encrypted form, or shall provide such information in unencrypted usable form. t. Retention of PHI. Except upon termination of this Agreement as provided in Section 5, below, Business Associate and its Subcontractors or agents shall retain all PHI throughout the term of this Agreement, and shall continue to maintain the accounting of disclosures required under Section 3.h, above, for a period of six years. 4. OBLIGATIONS OF COVERED ENTITY a. Safeguards During Transmission. Covered Entity shall be responsible for using appropriate safeguards including encryption of PHI, to maintain and ensure the confidentiality, integrity, and security of PHI transmitted pursuant to this Agreement, in accordance with the standards and requirements of the HIPAA Rules. b. Notice of Changes. Page 7 of 13 HIPAA BAA Revised August 2018 a COLORADO Financial Services Department of 7iurnan Scmces D,,,on of Contracts and Procuremen,. a. Covered Entity maintains a copy of its Notice of Privacy Practices on its website. Covered Entity shall provide Business Associate with any changes in, or revocation of, permission to use or disclose PHI, to the extent that it may affect Business Associate's permitted or required uses or disclosures. ii. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI to which Covered Entity has agreed in accordance with 45 C.F.R. 164.522, to the extent that it may affect Business Associate's permitted use or disclosure of PHI. 5. TERMINATION b. Breach. i. In addition to any Contract provision regarding remedies for breach, Covered Entity shall have the right, in the event of a breach by Business Associate of any provision of this Agreement, to terminate immediately the Contract, or this Agreement, or both. ii. Subject to any directions from Covered Entity, upon termination of the Contract, this Agreement, or both, Business Associate shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Business Associate in which Covered Entity has an interest. Effect of Termination. Upon termination of this Agreement for any reason, Business Associate, at the option of Covered Entity, shall return or destroy all PHI that Business Associate, its agents, or its Subcontractors maintain in any form, and shall not retain any copies of such PHI. ii. If Covered Entity directs Business Associate to destroy the PHI, Business Associate shall certify in writing to Covered Entity that such PHI has been destroyed. iii. If Business Associate believes that returning or destroying the PHI is not feasible, Business Associate shall promptly provide Covered Entity with notice of the conditions making return or destruction infeasible. Business Associate shall continue to extend the protections of Section 3 of this Agreement to such PHI, and shall limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. Page 8 of 13 HIPAA BAA Revised August 2018 a COLORADO Manefa'Servicee Department or Human Seences Dlviston of Contracts and Procurement 6. INJUNCTIVE RELIEF Covered Entity and Business Associate agree that irreparable damage would occur in the event Business Associate or any of its Subcontractors or agents use or disclosure of PHI in violation of this Agreement, the HIPAA Rules or any applicable law. Covered Entity and Business Associate further agree that money damages would not provide an adequate remedy for such Breach. Accordingly, Covered Entity and Business Associate agree that Covered Entity shall be entitled to injunctive relief, specific performance, and other equitable relief to prevent or restrain any Breach or threatened Breach of and to enforce specifically the terms and provisions of this Agreement. 7. LIMITATION OF LIABILITY Any provision in the Contract limiting Contractor's liability shall not apply to Business Associate's liability under this Agreement, which shall not be limited. 8. DISCLAIMER Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement or the HIPAA Rules will be adequate or satisfactory for Business Associate's own purposes. Business Associate is solely responsible for all decisions made and actions taken by Business Associate regarding the safeguarding of PHI. 9. CERTIFICATION Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate's Information Security practices. Covered Entity or its authorized agent or contractor shall have the right to examine Business Associate's facilities, systems, procedures, and records, at Covered Entity's expense, if Covered Entity determines that examination is necessary to certify that Business Associate's Information Security safeguards comply with the HIPAA Rules or this Agreement. 10. AMENDMENT a. Amendment to Comply with Law. The Parties acknowledge that state and federal laws and regulations relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide procedures to ensure compliance with such developments. i. In the event of any change to state or federal laws and regulations relating to data security and privacy affecting this Agreement, the Parties shall take such action as is necessary to implement the changes Page 9 of 13 HIPAA BAA Revised August 2018 a COLORADO F1M[td31 sus IDeparfmtrq of Hu.wn Scmtts Division or Contracts and Procurement to the standards and requirements of HIPAA, the HIPAA Rules and other applicable rules relating to the confidentiality, integrity, availability and security of PHI with respect to this Agreement. ii. Business Associate shall provide to Covered Entity written assurance satisfactory to Covered Entity that Business Associate shall adequately safeguard all PHI, and obtain written assurance satisfactory to Covered Entity from Business Associate's Subcontractors and agents that they shall adequately safeguard all PHI. iii. Upon the request of either Party, the other Party promptly shall negotiate in good faith the terms of an amendment to the Contract embodying written assurances consistent with the standards and requirements of HIPAA, the HIPAA Rules, or other applicable rules. ii. iv. Covered Entity may terminate this Agreement upon 30 days' prior written notice in the event that: A. Business Associate does not promptly enter into negotiations to amend the Contract and this Agreement when requested by Covered Entity pursuant to this Section; or B. Business Associate does not enter into an amendment to the Contract and this Agreement, which provides assurances regarding the safeguarding of PHI sufficient, in Covered Entity's sole discretion, to satisfy the standards and requirements of the HIPAA, the HIPAA Rules and applicable law. v. Amendment of Appendix. The Appendix to this Agreement may be modified or amended by the mutual written agreement of the Parties, without amendment of this Agreement. Any modified or amended Appendix agreed to in writing by the Parties shall supersede and replace any prior version of the Appendix. 11. ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by Business Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon receipt of such notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its employees, Subcontractors, or agents assisting Business Associate in the performance of its obligations under the Contract to, Page 10 of 13 HIPAA BAA Revised August 2018 a COLORADO Financial Services Dcyartmmr d Hternn Seonces Dwision of Contracts and Procurement assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and shall cause its employees, Subcontractor's and agents to, provide assistance, to Covered Entity, which may include testifying as a witness at such proceedings. Business Associate or any of its employees, Subcontractors or agents shall not be required to provide such assistance if Business Associate is a named adverse party. 12. INTERPRETATION AND ORDER OF PRECEDENCE Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules. In the event of an inconsistency between the Contract and this Agreement, this Agreement shall control. This Agreement supersedes and replaces any previous, separately executed HIPAA business associate agreement between the Parties. 13. SURVIVAL Provisions of this Agreement requiring continued performance, compliance, or effect after termination shall survive termination of this contract or this agreement and shall be enforceable by Covered Entity. Page 11 of 13 HIPAA BAA Revised August 2018 a COLORADO Financial Services LYportnrml ot Human Serous DAti ion o[ Contracts a. Procurement APPENDIX TO HIPAA BUSINESS ASSOCIATE AGREEMENT This Appendix ("Appendix") to the HIPAA Business Associate Agreement ("Agreement") is s an appendix to the Contract and the Agreement. For the purposes of this Appendix, defined terms shall have the meanings ascribed to them in the Agreement and the Contract. Unless the context clearly requires a distinction between the Contract, the Agreement, and this Appendix, all references to "Contract" or "Agreement" shall include this Appendix. 1. PURPOSE This Appendix sets forth additional terms to the Agreement. Any sub -section of this Appendix marked as "Reserved" shall be construed as setting forth no additional terms. 2. ADDITIONAL TERMS a. Additional Permitted Uses. In addition to those purposes set forth in the Agreement, Business Associate may use PHI for the following additional purposes: i. Reserved. b. Additional Permitted Disclosures. In addition to those purposes set forth in the Agreement, Business Associate may disclose PHI for the following additional purposes: i. Reserved. c. Approved Subcontractors. Covered Entity agrees that the following Subcontractors or agents of Business Associate may receive PHI under the Agreement: i. Reserved. d. Definition of Receipt of PHI. Business Associate's receipt of PHI under this Contract shall be deemed to occur, and Business Associate's obligations under the Agreement shall commence, as follows: i. Reserved. e. Additional Restrictions on Business Associate. Business Associate agrees to comply with the following additional restrictions on Business Associate's use and disclosure of PHI under the Contract: i. Reserved. Page 12 of 13 HIPAA BAA Revised August 2018 a COLORADO Financial services Department of Human Bermes Divtsron of Contracts and Procuremen f. Additional Terms. Business Associate agrees to comply with the following additional terms under the Agreement: i. Reserved. Page 13 of 13 HIPAA BAA Revised August 2018 a COLORADO Financial Services Divis,on of Contracts a. Procurement EXHIBIT D - 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; ii. Subrecipient Unique Entity ID number: UEI # MMKXT9U9MTV5; iii. The Federal Award Identification Number (FAIN) is FAIN 2201COTANF; iv. The Federal award date is May 02, 2022; v. The subaward period of performance start date is July 01, 2023 and end date is June 30, 2024; vi. Federal Funds: Contract or Fiscal Year Amount of Federal funds obligated by this Contract Total amount of Federal funds obligated to the Subrecipient Total amount of the Federal Award committed to Subrecipient by CDHS SFY24 $150,000.00 $150,000.00 $150,000.00 vii. Federal award project description: Colorado Works Subsidized Training and Employment Program (CW STEP); viii. The name of the Federal awarding agency is Administration for Children & Families & US Department of the Treasury; 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 Deanne Meyer, Grants Management Officer, DHHS Payment Management System, Post Office Box 6021, Rockville, MD 20852; 1-877-614- 5533; i. The Catalog of Federal Domestic Assistance (CFDA) number is 93.558 name is TANF and dollar amount is $2,215,864.08; ii. This award is not for research & development; iii. 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. Supplemental Provisions for Federal Awards Page 1 of 10 Revised December 2021 3) Any additional requirements that CDHS imposes on Subrecipient in order for CDHS to meet its own responsibility to the Federal awarding agency, including identification of any required financial and performance reports, are stated in Exhibit A, Statement of Work. 4) Subrecipient's approved indirect cost rate is 10 %. 5) Subrecipient must permit CDHS and auditors to have access to Subrecipient's records and financial statements as necessary for CDHS to meet the requirements of 2 CFR §200.331 Requirements for pass -through entities, §§ 200.300 Statutory and National Policy Requirements through §200.309 Period of performance, and Subpart F —Audit Requirements of this Part. 6) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 16 of this Exhibit and Exhibit A, Statement of Work. 7) Performance and Final Status. Subrecipient shall submit all financial, performance, and other reports to CDHS no later than 60 calendar days after the period of performance end date or sooner termination of this Contract containing an evaluation and review of Subrecipient's performance and the final status of Subrecipient's obligations hereunder. 8) Matching Funds If a boxbelowis checked, the accompanying provision applies. i. LJ Subrecipient is not required to provide matching funds. ii. ❑ Subrecipient shall provide matching funds as stated in Exhibit B, Budget. Subrecipient shall have raised the full amount of matching funds prior to the Effective Date and shall report to CDHS regarding the status of such funds upon request. Subrecipient's obligation to pay all or any part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Contract by the authorized representatives of the Subrecipient and paid into the Subrecipient's treasury or bank account. Subrecipient represents to CDHS that the amount designated as matching funds has been legally appropriated for the purposes of this Contract by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by this Contract irrevocably pledge present cash reserves for payments in future fiscal years, and this Contract is not intended to create a multiple -fiscal year debt of the Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Subrecipient's laws or policies. 1. DEFINITIONS. 1.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below. 1.1.1. "Award" means an award of Federal financial assistance, and the Contract setting forth the terms and conditions of that financial assistance, that a non -Federal Entity receives or administers. 1.1.1.1.1. Awards may be in the form of: 1.1.1.1.2. Grants; 1.1.1.1.3. Contracts; 1.1.1.1.4. Cooperative Contracts, which do not include cooperative research and development Contracts (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 1.1.1.1.5. Loans; 1.1.1.1.6. Loan Guarantees; 1.1.1.1.7. Subsidies; 1.1.1.1.8. Insurance; Supplemental Provisions for Federal Awards Page 2 of 10 Revised December 2021 1.1.1.1.9. Food commodities; 1.1.1.1.10. Direct appropriations; 1.1.1.1.11. Assessed and voluntary contributions; and 1.1.1.1.12. Other financial assistance transactions that authorize the expenditure of Federal funds by non -Federal Entities. 1.1.1.1.13. Any other items specified by OMB in policy memoranda available at the OMB website or other source posted by the OMB. 1.1.1.2. Award does not include: 1.1.1.2.1. Technical assistance, which provides services in lieu of money; 1.1.1.2.2. A transfer of title to Federally -owned property provided in lieu of money; even if the award is called a grant; 1.1.1.2.3. 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 Unique Entity ID number established by the federal government in the Unique Entity ID System to uniquely identify a business entity. For more, see: www.sam.gov. 1.1.5. "Entity" means: 1.1.5.1. If the source of funding is a Grant: 1.1.5.1.1. a Non -Federal Entity; 1.1.5.1.2. a foreign public entity; 1.1.5.1.3. a foreign organization; 1.1.5.1.4. a non-profit organization; 1.1.5.1.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only); 1.1.5.1.6. a foreign non-profit organization (only for 2 CFR part 170) only); 1.1.5.1.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non -Federal entity (or 2 CFR 200.1); or 1.1.5.1.8. a foreign for-profit organization (for 2 CFR part 170 only). 1.1.5.2. If the source of funding is not a Grant: 1.1.5.2.1. all of the following as defined at 2 CFR part 25, subpart C; 1.1.5.2.2. A governmental organization, which is a State, local government, or Indian Tribe; 1.1.5.3. a foreign public entity; 1.1.5.4. a domestic or foreign non-profit organization; 1.1.5.5. a domestic or foreign for-profit organization; and Supplemental Provisions for Federal Awards Page 3 of 10 Revised December 2021 1.1.5.6. a Federal agency, but only a Subrecipient under an Award or Subaward to a non - Federal entity. 1.1.6. "Executive" means an officer, managing partner or any other employee in a management position. 1.1.7. If the source of funding is a Grant, "Federal Awarding Agency" means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR 200.1. If the source of funding is not a Grant, "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the "Transparency Act." 1.1.9. "Federal Provisions" means these Federal Provisions subject to the Transparency Act and Uniform Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of higher education. 1.1.10. If the source of funding is a Grant, "Grant" as used herein is the Contract to which these Federal Provisions are attached. 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. 1.1.12. "Non -Federal Entity means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal Award as a Recipient or a Subrecipient. 1.1.13. "Nonprofit Organization" means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: 1.1.13.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; 1.1.13.2. Is not organized primarily for profit; and 1.1.13.3. Uses net proceeds to maintain, improve, or expand the operations of the organization. 1.1.14. "OMB" means the Executive Office of the President, Office of Management and Budget. 1.1.15. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a Subrecipient to carry out part of a Federal program. 1.1.16. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award, or, of the source of funding is a Grant it is that agency or institution identified as the Grantor in the Grant to which these Federal Provisions are attached. 1.1.17. "Subaward" means an award by a Prime Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Subaward unless the terms and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101 or 2 CFR 200.38, as applicable. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. 1.1.18. "Subrecipient" or, if the source of funding is a Grant, "Subgrantee" means a non -Federal Entity (or a Federal agency under an Award or Subaward to a non -Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term "Subrecipient" includes and may be referred to as Subgrantee. The term does not include an individual who is a beneficiary of a federal program. 1.1.19. "Subrecipient Parent UEI Number" means the subrecipient parent organization's 12 -digit Unique Entity ID System (UEI) number that appears in the subrecipient's System for Award Management (SAM) profile, if applicable. Supplemental Provisions for Federal Awards Page 4 of 10 Revised December 2021 1.1.20. "System for Award Management (SAM)" means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. 1.1.21. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a), as applicable) and includes the following: 1.1.21.1. Salary and bonus; 1.1.21.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.1.21.3. Earnings for services under non -equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.1.21.4. Change in present value of defined benefit and actuarial pension plans; 1.1.21.5. Above -market earnings on deferred compensation which is not tax -qualified; 1.1.21.6. Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 1.1.22. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act may also be referred to as FFATA. 1.1.23. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which, unless the source of funding is a Grant, supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A- 102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 1.1.24. "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. COMPLIANCE. 2.1. Contractor/Grantee shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, including, but not limited to, all applicable Federal Laws and regulations required by this Federal Award. Any revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado, at its discretion, may provide written notification to Contractor/Grantee of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEI) REQUIREMENTS. 3.1. SAM. Contractor/Grantee shall maintain the currency of its information in SAM until the Contractor/Grantee submits the final financial report required under the Award or receives final payment, whichever is later. Contractor/Grantee shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. Supplemental Provisions for Federal Awards Page 5 of 10 Revised December 2021 3.2. UEI. Contractor/Grantee shall provide its UEI number to its Prime Recipient, and shall update Contractor's/Grantee's information in www.sam.gov at least annually after the initial registration, and more frequently if required by changes in Contractor's/Grantee's information. 4. TOTAL COMPENSATION. 4.1. Contractor/Grantee shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1.1. The total Federal funding authorized to date under the Award is $30,000 or more if the source of funding is a Grant, or otherwise $25,000 or more if the source of funding is not a Grant; and 4.1.2. In the preceding fiscal year, Contractor/Grantee received: 4.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act if the source of funding is a Grant or otherwise $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act if the source of funding is not a Grant; and 4.1.2.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 5. REPORTING. 5.1. If Contractor/Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct payment shall be made to Grantee for providing any reports required under these Federal Provisions and the cost of producing such reports shall be included in the Contract/Grant price. The reporting requirements in this Exhibit are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract/Grant and shall become part of Contractor's/Grantee's obligations under this Contract/Grant. 6. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING. 6.1. If the source of funding is a Grant, Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently de -obligated such that the total award amount falls below $30,000, the Award shall continue to be subject to the reporting requirements. 6.2. If the source of funding is not a Grant, Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de -obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 6.3. The procurement standards in §8 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years beginning on or after December 26, 2014. 7. SUBRECIPIENT REPORTING REQUIREMENTS. 7.1. If Contractor/Grantee is a Subrecipient, Contractor/Grantee shall report as set forth below. Supplemental Provisions for Federal Awards Page 6 of 10 Revised December 2021 7.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number (FAIN) assigned by a Federal agency to a Prime Recipient no later than the end of the month following the month in which the Subaward was made: 7.1.1.1. Subrecipient UEI Number; 7.1.1.2. Subrecipient UEI Number if more than one electronic funds transfer (EFT) account; 7.1.1.3. Subrecipient parent's organization UEI Number; 7.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip (+ 4 if source of funding is a Grant or as otherwise directed per SAM directives for proper reporting), and Congressional District; 7.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and 7.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated Executives if the criteria in §4 above met. 7.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract/Grant, the following data elements: 7.1.2.1. Subrecipient's UEI Number as registered in SAM. 7.1.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 8. PROCUREMENT STANDARDS. 8.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through 200.327 thereof. 8.2. If the source of funding is a Grant: Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. 8.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision of the State, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 9. ACCESS TO RECORDS. 9.1. A Subrecipient shall permit Recipient/Prime Recipient and its auditors to have access to Subrecipient's records and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.311-200.332 (Requirements for pass -through entities), 2 CFR 200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart F -Audit Requirements of the Uniform Guidance. 10. SINGLE AUDIT REQUIREMENTS. Supplemental Provisions for Federal Awards Page 7 of 10 Revised December 2021 10.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient's fiscal year, the Subrecipient shall procure or arrange for a single or program -specific audit conducted for that year in accordance with the provisions of Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501. 10.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program -specific audit conducted in accordance with 2 CFR 200.507 (Program -specific audits). The Subrecipient may elect to have a program -specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Prime Recipient. A program -specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program -specific audit. 10.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. 10.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Subpart F -Audit Requirements. 11. CONTRACT/GRANT PROVISIONS FOR SUBRECEPIENT CONTRACTS. 11.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient, Contractors/Grantees that are Subrecipients shall comply with the following provisions. Subrecipients shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Contract/Grant. 11.1.1. [Applicable to federally assisted construction contracts.] Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. 11.1.2. [Applicable to on -site employees working on government -funded construction, alteration and repair projects.] Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). 11.1.3. Rights to Inventions Made Under a contract/grant or agreement. If the Federal Award meets the definition of "funding agreement"! "funding Contract" under 37 CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement,"/"funding Contract", the Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the Federal Awarding Agency. Supplemental Provisions for Federal Awards Page 8 of 10 Revised December 2021 11.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal awardee(s) to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). 11.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 11.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 11.1.7. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to the regulations implementing "Never contract with the enemy" in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered contracts, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 11.1.8. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds on certain telecommunications and video surveillance services or equipment pursuant to 2 CFR 200.216. 12. CERTIFICATIONS. 12.1. Unless prohibited by Federal statutes or regulations, Recipient/Prime Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. 13. EXEMPTIONS. 13.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 13.2. A Contractor/Grantee with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 14. EVENT OF DEFAULT AND TERMINATION. 14.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract/Grant and the State of Colorado may terminate the Contract/Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 -day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract/Grant, at law or in equity. Supplemental Provisions for Federal Awards Page 9 of 10 Revised December 2021 14.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows: 14.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal Entity fails to comply with the terms and conditions of a Federal Award; 14.2.2. By the Federal awarding agency or Pass -through Entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; 14.2.3. By the Federal awarding agency or Pass -through Entity with the consent of the Non -Federal Entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 14.2.4. By the Non -Federal Entity upon sending to the Federal Awarding Agency or Pass -through Entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass -through Entity determines in the case of partial termination that the reduced or modified portion of the Federal Award or Subaward will not accomplish the purposes for which the Federal Award was made, the Federal Awarding Agency or Pass -through Entity may terminate the Federal Award in its entirety; or 14.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to termination provisions included in the Federal Award. EXHIBIT END Supplemental Provisions for Federal Awards Page 10 of 10 Revised December 2021 New Contract Request Entity Information Entity Name. Entity ID. COLORADO DEPARTMENT OF HUMAN X200003650 SERVICES Contract Name. CDHS CW STEP PROGRAM STATEMENT OF WORK, BUDGET, AND PURCHASE ORDER (IHGA 202400000972) Contract Status CTB REVIEW O New Entity? Contract ID 7223 Contract Lead. WLUNA Contract Lead Email wluna,weldgov.com;c©bbx x l k.,,seldgov. corn Parent Contract ID Requires Board c YES Department Project # Contract Description. COLORADO WORKS (CW) SUBSIDIZED TRAINING AND EMPLOYMENT PROGRAM (STEP) STATEMENT OF WORK, BUDGET, AND PURCHASE ORDER OHGA 202400000972). PERIOD OF PERFORMANCE JULY 1. 2023 THROUGH JUNE 30, 2O24. AMOUNT $150,000.00, Contract Description 2 PA ROUTING THROUGH NORMAL PROCESS. ETA TO GTE 07;'20; 2023. Contract Type. GRANT Amount. $1 50,000.00 Renewable. NO Automatic Renewal Department HUMAN SERVICES Department Email CM- HurnanSery cesifPweldgov.co Cr} Department Head Email CM-Human5ervices- DeptHeadUweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RNEY'VWELDG OV.COM Requested BOCC Agenda Date. 07'2612023 Due Date 07:22:2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID tf this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Review Date 04:'30x2024 Committed Delivery Date Contact Type Contact Email Purchasing Purchasing Approval Process Department Head JAMIE ULRICH DH Approved Date 07 1 1 2023 Final Approval 0 CC Approved BOCC Signed Date BOCC Agenda Date 07;26,2023 Originator WLUNA Finance Approver CHERYL PATTELLI Renewal Date Expiration Date 06 30 2024 Contact Phone 1 Contact Phone 2 Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 07 12:'2023 07 12,/2023 Tyler Ref AG 072623 Hello