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Home My WebLink About20221663.tiffRESOLUTION RE: APPROVE STATE AND LOCAL FISCAL RECOVERY FUNDS (SLFRF) AGREEMENT AMENDMENT #1 FOR WORKFORCE DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY 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 State and Local Fiscal Recovery Funds (SLFRF) Agreement Amendment #1 for Workforce Development Programs 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 Labor and Employment, commencing upon full execution of signatures, and ending June 30, 2026, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 State and Local Fiscal Recovery Funds (SLFRF) Agreement Amendment #1 for Workforce Development Programs 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 Labor and Employment, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to electronically sign and submit said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 2022. BOA D OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO ATTEST: da,t444)�� Weld County Clerk to the Board Deputy Clerk to the APP ED ount ttorney Date of signature: LtiZ3�ZU�Z Scott K. James, Chair Steve Moreno Lori Saine CC:HSD 7/26 /,22 2022-1663 HR0094 Cbrti-vac4-►1#5c139 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: June 6, 2022 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Workforce Development Program Master Grant Agreement Amendment #1 regarding State and Local Fiscal Recovery Funds (SLFRF) 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 Department's Workforce Development Program Master Grant Agreement Amendment #1 regarding State and Local Fiscal Recovery Funds (SLFRF). The Master Grant Agreement referenced as Tyler ID# 2018-0190 was established to implement and deliver services through Federal and State funded employment and training programs coming through the Department of Labor. This Agreement is now being amended to add State and Local Fiscal Recovery Funds (SLFRF) federal and state reporting requirements. The effective term of the amendment is upon execution of the amendment through June 30, 2026. There are no funds associated with this amendment, as those are executed utilizing Expenditure Authorizations throughout each fiscal year. This Amendment has been reviewed and approved by legal (K. McDougal). I do not recommend a Work Session. I recommend approval of this Amendment and authorize the Chair to sign electronically via DocuSign. Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine Approve Schedule Recommendation Work Session Other/Comments: Pass -Around Memorandum; June 7, 2022 - CMS ID 5939 2022-1663 0(0/15 k*-OGGc1 DocuSign Envelope ID: AF256D63-82AA-4775-8892-37F2B036BABF COLORADO Department of Labor and Empto rnent Purpose: Executive Summar /Contract .A royal Weld Count PCS Contract Owner: Danielle Deflorian Vendor Name: Routing No: 105079 WIOA-Weld 012918 FINAL PCS Director: Renee Kennedy CORE #: N/A CMS 105079 CORE T e: CT Agreement Namc: Agreement for Workforce Development Programs - Weld County Div. Contract Owner: Gwen Carter Division: KADA CNIMMIllP Date: 06/08/2022 ,Agreement Type: a External Agreement ` Amendment New/Amendment: Vendor Selection Method: History: Original Contract Value: Value of this Transaction: Scope Value Increase/Decrease: Contract Start Date: This Agreement was awarded to the Grantee under the authority of §§8-77-109, 8-83-10 C.R.S for the period of 01/29/2018-6/30/2026. The purpose of this Amendment is to add SLFRF compliance and reporting requirements to the Agreement. Intergovernmental Agreement Selection ## if Competitive: Date Sole Source Signed by PCS Director: Date Special Circumstance Approved by DPA: Date of Emergency Declaration: • This Agreement is to provide Federal, State, and other funding to Local Areas for implementation and operation of existing and new programs for the State's workforce development program as defined in §8-83-204 C.R.S. This Agreement, in part, is intended to comply with and carry out the purposes of the federal Workforce Innovation and Opportunity Act (29 USC 3101, et seq.), or any future statutes that, in whole or part, may be enacted to replace or supplement federal workforce policy. This Amendment adds SLFRF compliance and reporting requirements to this Agreement. This Amendment does not make any other changes to the original Agreement. $0.00 $0.00 Current Contract Value: New Total Value of Contract: $0.00 $0.00 This Amendment does not increase or decrease any funds. 01/29/2018 Waivers/Pre-approvals Obtained: Cost Savings: Were there changes from the template contract language? No Does this agreement have an IT component? No Current Contract End Date: 06/30/2026 Maximum Contract End Date: 01/29/2027 N /A N /A N /A N /A Revision Date 3/2/2021 Page 1 of 2 DocuSign Envelope ID: AF256D63-82AA-4775-8892-37F2B036BABF COLORADO Department of Labor and Emptoy►ment Executive Summary/Contract Approval Vendor Name: PCS Contract Owner: Danielle Deflorian Weld County Routing No: PCS Director: Renee Kennedy 105079 WIOA-Weld 012918 FINAL CORE #: CORE T e: CT N/A CMS 105079 Agreement Name: Div. Contract Owner: Gwen Carter Agreement for Workforce Development Programs - Weld County Division: KADA Date: p 06/08/2022 New/Amendment: Amendment Agreement Type: External Agreement , Required Contract Reviewer Initiejs/Date Comments Business Unit Representative or Program Contract Mgr: VI Gwen Carterk. VI PCS Contracts Unit Supervisor: p /' Shayne Cumine PCS Unit Director: DS Renee Kennedy VI Personal Services Review: CORE Coding Check by Program Accountant: OIT (for all IT and telephony): Includes the OIT required internal approvals Program Budget Analyst: Counter Party: Non-CDLE Approvers : Executive Director or Delegate: DS 6/15/2022 Darcy R Kennedy'�- .Rcvd � Delegated State Controller: DS Paulina Delora VI OIT Approvals - Executive Director / OIT Controller: Central Approvers: RETURN FOLDER TO: Revision Date 3/2/202 Page 2 of 2 DocuSign Envelope ID: AF256D63-82AA-4775-8892-37F2B036BABF Contract Details contract., I n s i g fr Enterprise Edition Application Version: 12.4.3.121231 o veered By: CobbleStone Systems Corp. i Danielle Deflorian Apr 29 2022 14:05:00 Details CMS Identification # ($ §): Contract Title (§): Contract Purpose ($): Fiscal Year: Contractor/Vendor ($ §): FEIN: Contract Administrator: Unique Department Contract Number: Original Contract CLIN or other Identifying Number: Purchase Order or Encumbrance Number: Agency/IHE (Department) Name ($ §): Agency/IHE (Department) Code: Document Status: Effective Date ($): Expiration Date (§): Performance Period Start Date ($): LATEST Performance Period End Date ($): Number of renewal periods ($): Contract Group/Type (§): Is this an IT contract?: Maximum Amount ($): CUMULATIVE Maximum Contract Dollar Amount (For Master Task Orders read Help text for instruction) ($ §): Is this a Statutory Violation?: Is this a High Risk or Low Risk Contract?: Are Services ANTICIPATED to occur outside of Colorado? ($): No Are Services ANTICIPATED to occur outside of the United States? ($): No Is the Contractor/Vendor performing work previously performed by State No Employee(s)?: How many positions (FTE) is the Contractor/Vendor filling that were 0 previously performed by State Employees?: For work previously performed by State Employees, how long did the 0 Contractor perform the work? (# of months): How many positions were ELIMINATED by the Contractor/Vendor 0 performing this Work?: Number of State Jobs Created ($ §): 0 Duration of State Jobs Created ($): 0 What Quality Improvements did the State gain by having Contractor/Vendor do the Work previously performed by State Employees?: What Dollar ($) Savinos did the State aain by havina Contractor/Vendor https://scros.state.co.us/ContractDetails.aspx?ID=105079#notes 105079 WDP Master Grant Agreement for Weld County WELD COUNTY 0813 LANDEROS, CORINA Department of Labor & Employment KAA - DEPT OF LABOR AND EMPLOYMENT N/A 11/16/2017 6/30/2026 0 Intergovernmental No 5,413,760.00 No N/A n nn SIP A ii 4 Add New Contract Create Contract & Link Attachments Eij Tasks & E -mails Checklist Price/Cost Line Items Assign Employees Additional) Companies Assign Departments Assign Locations Notes MI .1►; Print Refresh Link Contract View History Financials Company Info Copy. E-mail View Ratings Document Processing: X Delete Contract Field Entry Notes: * - Public Website Field for applicable contract types § - Required by Statute for applicable contract types 1/3 DocuSign Envelope ID: AF256D63-82AA-4775-8892-37F2B036BABF 'T/LV/LLI L.VtJ 1 IVI ems.. -.- Contract Details v.vv \T/ do the Work previously performed by State Employees?: Percentage of work ACTUALLY performed outside of Colorado. (* §): 0 Percentage of work ACTUALLY performed outside of the United States. (* 0 §). Program Manager: Has this contract been Certified as including: Performance Measures and Standards, Methods for Resolution, and Types of Monitoring Processes?: If this contract has been renewed/extended, has the contractor's previous work been certified as complying with the terms of the contract?: If applicable, enter date of MOST RECENT annual certification of contractor work.: Final Contractor/Vendor Rating (no renewal periods remain) (t §): When was the Rating sent to the Contractor/Vendor?: Did the Contractor/Vendor submit responses to its Evaluation? (*): Did the Contractor/Vendor submit Comments as to the State's performance under the Contract?: Did the Contractor/Vendor DISPUTE the Evaluation? (*): Contractor/Vendor Comments/Responses (s): Budget Amount: Notes: Custom Field 1: Custom Field 2: Custom Field 3: Entered By: Entered on Date: Updated on Date: Updated By: Files / Attachments Select File Choose File No file chosen 1 View File Notes Galloway, Andrew N/A 0.00 SMITH, JAMES 9/22/2017 9:44:19 AM 4/29/2022 2:05:00 PM Deflorian, Danielle Notes: Save Page 1 of 1, items 1 to 2 of 2. Entry Date Entered By ANNUAL CERT. CMS 105079 (1).PDF 105079 Original Certification.pdf FY19 6/21/2019 3:36:44 PM 4/17/2018 8:53:40 AM Rankin, Kathileen Delete SMITH, JAMES Delete 1 Page 1 of 1, items 1 to 2 of 2. Tasks, E -mails, Workflow, Alerts tasks, Aierts, tvents, et ii oti Add Task Name Assigned Start To End/Due Controller (OSC JAMES 9/27/2017 10/7/2017 or Delegate) SMITH Task Notify Alert Date Status Complete days Date 3 10/4/2017 Open View Full Help Text available on OSC website LINK (Updated 8/23/11) https://scros.state.co.us/ContractDetails.aspx?ID=105079#notes 2/3 DocuSign Envelope ID: AF256D63-82AA-4775-8892-37F2B036BABF �ILV/LL. Review Contract Details Insurance Certificate Contract Expiration Notice Annual Certification Completion JAMES SMITH JAMES SMITH JAMES SMITH Checklists / Milestones Milesturie dtiti Checklists Price / Cost Line Items 11/6/2017 11/16/2017 5/1/2026 6/30/2026 5/1/2026 6/30/2026 • ,.w....,:4,,,,., � , mow., MINIMIMOINIAW Acid Add Price/Cost Item Notes, Comments, Diary Log PIr0O It M. 3 11/13/2017 Open 60 5/1/2026 Open 60 5/1/2026 Open Import Price/Cost Data Export Price/Cost Data Enter Notes Below and/or optionally enter a subject: Font Name 1 Size Save Note Refresh Delete Subject/Category NotPro Amended to add SLFRF compliance and reporting requirements to the Agreement. Employee 4/29/2022 Deflorian, Edit Di 2.05.00 PM Danielle — Note: when editing the notes, the edited text will be displayed in the notes text editor above. Additional Parties, Locations, Departments https://scrns.state.co.us/ContractDetails.aspx?ID=105079#notes 3/3 DomSign Envelope ID AF256D63-82AA-1775-8892-37F2B036BABF AUTOMATIC RISK ASSESSMENT FORM COME # CMS # Contract Type Vendor Name N/A CMS —105079 Amendment Weld County Instruchons: PCS Contract Managers should complete this form for each 'contract or contract modification (including option letters and task orders) and include a copy of the completed form in the contract file. Check all boxes that apply to your contract or contract modification. If a contract or contract modification falls into more than one automatic risk category, use the following rules to make your automatic risk determination: (1) High Risk and Low Risk = High Risk (2) High Risk and No Risk = No Risk (3) Low Risk and No Risk = No Risk ' (4) High Risk, Low- Risk and No Risk = No Risk Check - all that apply Automatic Hieh Risk Cateeones , , that fall within the following categories shall always be determmed to be high of the automatic no nsk categories , Contracts and contract modifications risk unless it also falls within one Certificates of participation for shares of lease revenues Contingency contracts, as defined in CRS §24-17-203 Contracts and modifications that are subject to a Statutory Violation that has not been ratified Contracts concerning the operation of pnsons Contracts containing a limitation of liability, mcludmg limits on actions for which the contractor is liable, limits on the dollar amount of damages, the types of damages, the source of damage payments, or some combination thereof, unless OSC has determined the limitation of liability does not make the contract automatic high nsk m wntmg Contracts containing modifications to provisions that require a fiscal rule waiver, such as changes to the special provisions, unless OSC has determined the fiscal rule waiver does not make the contract automatic high nsk in wntmg Contracts where a party is a Native Amencan tribe, unless on an unchanged OSC model contract form specifically designed for use with that Native Amencan tnbe Dangerous activities contracts for services that are inherently dangerous that are likely to result in strict liability if the activity causes harm or that can cause significant harm even if performed properly Debt collection contracts associated with any services for the collections or recovery of amounts due to the State Employee voluntary separation agreements for either classified or non -classified employees Energy performance contracts under CRS §§24-30-2003 Federal goverment contracts with agencies of the federal government unless on an unchanged OSC model contract form Financing contracts where a third party will provide financmg to the State, such as where the third party provides a loan to the State or provides the initial funding money that the State will repay to the third party from later revenues Financial systems contracts for the acquisition of new or the replacement of existing financial systems Legal issues contracts with technical legal issues requinng an opinion from the Colorado Attorney General Lease purchase contracts Hazardous matenals contracts involving the handling, removal, treatment, movement, installation, and disposal of hazardous matenals, any other materials, substances or wastes that are subject to increased liability under any state or federal environmental laws, or matenals, substances or wastes that are dangerous mstrumentaltties This does not include contracts for the discovery, analysis, study, and review of such matenals Information technology services contracts, except for purchases of consumer off- the -shelf software licenses, maintenance agreements for consumer off -the -shelf software or licenses to access databases or web content This rule also applies to contracts for information technology goods if they are provided in conjunction with services Master contracts by the Department of Personnel and Administration for the entire State (i e, the RTD Eco Pass Program) Master task order contracts and task orders issued under those contracts Outsource contracts as defined in Fiscal Rule 3-1 Settlement agreements that settle claims between the State and individuals and between the State and contractors Statewide pnce agreement contracts and information technology enterprise agreements DocuSign Envelope ID AF256D63-82AA-4775-8892-37F2B036BABF Water nghts contracts involving the purchase or sale of water nghts This does not apply to 1) the purchase or sale of water nghts and/or shares of stock in an imgation district, a water district, a mutual ditch company, a water company, or similar entities included as part of or associated with the purchase or sale of real property, 2) participation in substitute water supply plans or m plans for augmentation of water resources, 3) the purchase or sale of fully consumable water Check all that apply, Automatic Low Risk Categories , Contract and contract modifications that fall within the followmg categories shall always be determined to be low risk unless it also falls withm a high risk or no nsk category X Amendments that restate a contract to include all pnor amendments and modifications in one updated document, that make changes required by and consistent with State law, that do not matenally change the scope or requirements of the contract, or that reduce the scope and cost of the contract , Contracts for a specific program for which CDLE has received pnor wntten approval from OSC for a specific template agreement, and CDLE uses that template agreement without modification This includes any contracts that were authorized under theState Controller Policy entitled "Phase I Waivers " Grant Funding Change Letters m compliance with the OSC Policy "Modification of Contracts — Tools and Forms " State-wide pre -approved contract forms, such as Office of the State Architect capital construction and controlled maintenance work authorizations, change orders, supplements, code reviews, and architect and engineenng base agreements used without modification _ Automatic High Risk contracts or contract modifications that OSC has determined m wntmg to be low nsk or has granted us a waiver making low nsk If you select this category, include the waiver or wntten approval from OSC in the contract file Check- all that apply Automatic No Risk Categories: Contracts and contract modifications that fall withm the followmg categonmshall always be considered to be no risk regardless of whether the contract is also included as an automatic high nsk or automatic low nsk contract. Option letters used in accordance with the State Controller Policy entitled "Modification of Contracts —Tools and Forms," unless the contract the option letter modifies is subject to a Statutory Violation that has not been ratified (See State Controller Policy entitled "Statutory Violations") Amendments that do nothing than more than the following, unless the contract that the amendment modifies is subject to a Statutory Violation that has not been ratified (See State Controller Policy entitled "Statutory Violations") 1) extend the tern of a contract at rates and for a maximum amount already included in the contract, so long as such extension does not exceed any term included in a solicitation that was used to procure the contract, 2) increase or decrease the quantity of existing goods or services under the contract at the rates already included in the contract, so long as such increase is in compliance with the requirements and limits included in a solicitation that was used to procure the contract, 3) authonze the beginning of a phase of the contract, so long as all requirements and payments for that phase are already included in the contract, and/or 4) modify contract rates as specifically described within a contract Interagency Agreements where all parties are Agencies of the State or are State Institutions of Higher Education This does not apply if any of the parties are separate authonties or other governmental entities or political subdivisions _ Undetermined Risk Contracts and Contract Modifications Any contract or contract modification to be undetermined nsk If a contract or contract modification "Risk Analysis for All New Contracts determination on the basis of the completed `form in the contract file that is not automatic high nsk, automatic low nsk or automatic no nsk contract shall be considered - , ' is considered to lie undetermined nsk, PCS should work with the'program to complete either the and Agreements" or the "Risk Analysis for all Modifications" form PCS_should make a final risk Risk Analysis form and mclude copies of both this form and the completed Risk Analysis - _ _ _ _ , Name of PCS Representative: Danielle Deflonan Auto Risk Determination: Auto High Auto Low X Auto No Undetermined All low risk and no risk contracts and contract modifications should be routed to CDLE's controller delegate' for signature. All high risk contracts and contract modifications should be routed to the Office of the State Controller for OSC's signature.- , SLFRF GRANT AGREEMENT AMENDMENT #1 COVER AND SIGNATURE PAGES State Agency Colorado Department of Labor and Employment Agreement Number 105079 Grantee WELD COUNTY UEUSAMS Number: Agreement Performance Beginning Date The later of the Effective Date or 1/29/2018 Agreement Expiration Date 6/30/2026 Agreement Maximum Amount Initial Term State Fiscal Year 2018 N/A State Fiscal Year 2019 N/A State Fiscal Year 2020 N/A State Fiscal Year 2021 N/A State Fiscal Year 2022 N/A State Fiscal Year 2023 N/A State Fiscal Year 2024 N/A State Fiscal Year 2025 N/A State Fiscal Year 2026 N/A Total for All State Fiscal Years N/A Fund Expenditure End Date 6/30/2026 Agreement Authority §§8-77-109, 8-83-10 C.R.S Agreement Purpose This Amendment adds SLFRF compliance and reporting requirements to this Agreement. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Agreement Number: 105076 Page 1 of 1 Version 05.06.2022 Exhibits and Order of Precedence The following Exhibits and attachments are included with this Agreement: 1. Exhibit A, Administrative Requirements and Funding Provisions 2. Exhibit B, Local Plan 3. Exhibit C, Supplemental Provisions for Federal Awards 4. Exhibit D, FFATA 5. Exhibit E, Notice of Funding Allocation (NFA) 6. Exhibit F, Notice of Funding Reduction / Recapture (NFR) 7. Exhibit G, Certification Regarding Debarment and Suspension 8. Exhibit H, Certification Regarding Lobbying 9. Exhibit I, Drug Free Workplace Certifications 10. Exhibit J, Tobacco Free Certification 11. Exhibit UU, Sample Option Letter. 12. Exhibit VV, Budget. 13. Exhibit WW, Federal Provisions. 14. Exhibit XX, Agreement with Subrecipient of Federal Recovery Funds 15. Exhibit YY, SLFRF Subrecipient Quarterly Report 16. Exhibit ZZ, SLFRF Reporting Modification Form In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Exhibit WW, Federal Provisions 2. Exhibit XX, Agreement with Subrecipient of Federal Recovery Funds 3. Colorado Special Provisions in §17 of the main body of this Agreement. 4. The provisions of the other sections of the main body of this Agreement. 5. Exhibit UU, Sample Option Letter. 6. Exhibit VV, Budget. 7. Exhibit YY, SLFRF Subrecipient Quarterly Report 8. Exhibit ZZ, SLFRF Reporting Modification Form 9. Exhibit A, Administrative Requirements and Funding Provisions 10. Exhibit B, Local Plan 11. Exhibit C, Supplemental Provisions for Federal Awards 12. Exhibit D, FFATA 13. Exhibit E, Notice of Funding Allocation (NFA) 14. Exhibit F, Notice of Funding Reduction / Recapture (NFR) 15. Exhibit G, Certification Regarding Debarment and Suspension 16. Exhibit H, Certification Regarding Lobbying 17. Exhibit I, Drug Free Workplace Certifications 18. Exhibit J, Tobacco Free Certification Principal Representatives For the State: Gwen Carter Colorado Workforce Development Council 633 17th Street Suite 900 Denver, CO 80202 Gwen.cartergstate.co.us For Grantee: Scott K. James Chair, Board of Weld County Commissioners 1150 O Street Greeley, CO 80632 bocc-contracts@co.weld.co.us THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Agreement Number: 105076 Page 1 of 4 Version 05.06.2022 DocuSign Envelope ID: AF256D63-82AA-4775-8892-37F2B036BABF FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD Federal Awarding Office US Department of the Treasury Grant Program Coronavirus State and Local Fiscal Recovery Funds Assistance Listing Number 21.027 Federal Award Number SLFRP0126 Federal Award Date * May 18, 2021 Federal Award End Date December 31, 2024 Federal Statutory Authority Title VI of the Social Security Act, Section 602 Total Amount of Federal Award (this is not the amount of this grant agreement) $3,828,761,790 * Funds may not be available through the Federal Award End Date subject to the provisions in §2 and §5 of the Agreement. THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature. GRANTEE WELD COUNTY Board of Weld County Commissioners Date: /---DocuSigned by: Scoff- k 96vAtc,s B811Bn8'1Denn1 By: Scott K. James, Chair 6/15/2022 STATE OF COLORADO Jared S. Polis, Governor Colorado Department of Labor and Employment r —DocuSigned by: �a^,sily 784DCA24211T445... By: Darcy R. Kennedy, Deputy Director & CFO Date: 6/15/2022 In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD DocuSigned by: Pa4s%,.a De4ve, na2,3nEAe.i6Ace By: Paulina Delora, State Controller Delegate Amendment Effective Date: 6/15/2022 Agreement Number: 105079 Page 2 of 4 version 05.06.2022 aaaa -/GGL3 1. PARTIES This Amendment (the "Amendment") to the Original Grant Agreement shown on the Signature and Cover Pages for this Amendment (the "Agreement") is entered into by and between the Grantee, and the State. 2. TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Agreement be construed and interpreted in accordance with the Agreement. 3. AMENDMENT EFFECTIVE DATE AND TERM A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Grantee for any Work performed or expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this Amendment. B. Amendment Term The Parties' respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4. PURPOSE The purpose of this Amendment is to add SLFRF (State and Local Fiscal Recovery Funds) federal and State reporting requirements. 5. MODIFICATIONS The Agreement and all prior amendments thereto, if any, are modified as follows: A. The Agreement Initial Contract Expiration Date on the Agreement's Signature and Cover Page is hereby deleted and replaced with the Current Agreement Expiration Date shown on the Signature and Cover Page for this Amendment. B. The Agreement Maximum Amount table on the Agreement's Signature and Cover Page is hereby deleted and replaced with the Current Agreement Maximum Amount table shown on the Signature and Cover Page for this Amendment. C. The Agreement Cover and Signature Pages are hereby deleted and replaced with the Cover and Signature Pages for this Amendment. D. The following exhibits are added and incorporated to this agreement. i. Exhibit UU, Sample Option Letter ii. Exhibit W, Budget iii. Exhibit WW, Federal Provisions Agreement Number: 105076 Page 3 of 4 Version 05.06.2022 iv. Exhibit XX, Agreement with Subrecipient of Federal Recovery Funds v. Exhibit YY, SLFRF Subrecipient Quarterly Report vi. Exhibit ZZ, SLFRF Reporting Modification Form 6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. Agreement Number: 105076 Page 4 of 4 version 05.06.2022 EXHIBIT UU, SAMPLE OPTION LETTER State Agency Insert Department's or IHE's Full Legal Name Option Letter Number Insert the Option Number (e.g. "1" for the first option) Grantee Insert Grantee's Full Legal Name, including "Inc.", "LLC", etc... Original Agreement Number Insert CMS number or Other Agreement Number of the Original Agreement Current Agreement Maximum Amount Initial Term State Fiscal Year 20xx $0.00 Extension Terms State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 Total for All State Fiscal Years $0.00 Option Agreement Number Insert CMS number or Other Agreement Number of this Option Agreement Performance Beginning Date Month Day, Year Current Agreement Expiration Date Month Day, Year 1. OPTIONS: A. Option to extend for an Extension Term B. Option to change the quantity of Goods under the Agreement C. Option to change the quantity of Services under the Agreement D. Option to modify Agreement rates E. Option to initiate next phase of the Agreement 2. REQUIRED PROVISIONS: A. For use with Option 1(A): In accordance with Section(s) Number of the Original Agreement referenced above, the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended. B. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Agreement referenced above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the rates stated in the Original Agreement, as amended. C. For use with Option 1(D): In accordance with Section(s) Number of the Original Agreement referenced above, the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter. The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option Effective Date of this Option Letter. D. For use with Option 1(E): In accordance with Section(s) Number of the Original Agreement referenced above, the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert start date and end on Insert ending date at the cost/price specified in Section Number. E. For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount table on the Agreement's Signature and Cover Page is hereby deleted and replaced with the Current Agreement Maximum Amount table shown above. 3. OPTION EFFECTIVE DATE: A. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later. STATE OF COLORADO Jared S. Polis, Governor INSERT -Name of Agency or IHE INSERT -Name & Title of Head of Agency or IHE By: Name & Title of Person Signing for Agency or IHE Date: In accordance with §24-30-202, C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Name of Agency or IHE Delegate -Please delete if agreement will be routed to OSC for approval Option Effective Date: Exhibit UU Page 1 of 1 Version 5.06.2022 EXHIBIT VV, BUDGET 1. BUDGET BY US TREASURY EXPENDITURE CATEGORY 1.1. Expenditure Categories identified in Exhibit VV will determine what is reported on as outlined in Exhibits WW-ZZ. Project Number Project Title US Treasury Expenditure Category Number and Name Budget Total 2. BUDGET BY FUNCTION 3. EXPENDITURE CATEGORY MODIFICATIONS 3.1. Increases or decreases in any Expenditure Category must be requested and approved by the State Agency by using the SLFRF Expenditure Modification Form. This form can be found at: https://osc.colorado.gov/american-rescue-plan-act (see SLFRF Grant Agreement Templates tab) Exhibit VV Page 1 of 1 Version 5.06.2022 Exhibit WW, Federal Provisions 1. APPLICABILITY OF PROVISIONS. 1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall control. 1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients, including ensuring their subrecipients comply with the SLFRF statute, SLFRF Award Terms and Conditions, Treasury's Final Rule, and reporting requirements, as applicable. 1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier subrecipient), must hold the 2nd tier subrecipient accountable to these provisions and adhere to reporting requirements. 1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of higher education. 2. DEFINITIONS. 2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below. 2.1.1. "Award" means an award of Federal financial assistance, and the Grant setting forth the terms and conditions of that financial assistance, that a non -Federal Entity receives or administers. 2.1.2. "Entity" means: 2.1.2.1. a Non -Federal Entity; 2.1.2.2. a foreign public entity; 2.1.2.3. a foreign organization; 2.1.2.4. a non-profit organization; 2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only); 2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only); 2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non -Federal entity (or 2 CFR 200.1); or 2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only). 2.1.3. "Executive" means an officer, managing partner or any other employee in a management position. 2.1.4. "Expenditure Category (EC)" means the category of eligible uses as defined by the US Department of Treasury in "Appendix 1 of the Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds" report available at www.treasury.gov. Exhibit WW Page 1 of 14 Version 5.06.2022 2.1.5. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR 200.1 2.1.6. "Grant" means the Grant to which these Federal Provisions are attached. 2.1.7. "Grantee" means the party or parties identified as such in the Grant to which these Federal Provisions are attached. 2.1.8. "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. 2.1.9. "Nonprofit Organization" means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: 2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; 2.1.9.2. Is not organized primarily for profit; and 2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the organization. 2.1.10. "OMB" means the Executive Office of the President, Office of Management and Budget. 2.1.11. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a Subrecipient to carry out part of a Federal program. 2.1.12. "Prime Recipient" means the Colorado State agency or institution of higher education identified as the Grantor in the Grant to which these Federal Provisions are attached. 2.1.13. "Subaward" means an award by a Prime Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Subaward unless the terms and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term does not include payments to a Contractor or payments to an individual that is a beneficiary of a Federal program. 2.1.14. "Subrecipient" or "Subgrantee" means a non -Federal Entity (or a Federal agency under an Award or Subaward to a non -Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term does not include an individual who is a beneficiary of a federal program. 2.1.15. "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. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the following: 2.1.15.1. Salary and bonus; 2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the Exhibit WW Page 2 of 14 Version 5.06.2022 fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 2.1.15.3. Earnings for services under non -equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 2.1.15.4. Change in present value of defined benefit and actuarial pension plans; 2.1.15.5. Above -market earnings on deferred compensation which is not tax -qualified; 2.1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 2.1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. 2.1.17. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 2.1.18. "Unique Entity ID Number" means the twelve -character alphanumeric ID assigned to an entity by SAM.gov to uniquely identify a business entity. Information on UEIs can be found at: sam.gov/content/duns-uei 3. COMPLIANCE. 3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and all applicable Federal Laws and regulations required by this Federal Award. Any revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado, at its discretion, may provide written notification to Grantee of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3.2. Per US Treasury Final Award requirements, grantee programs or services must not include terms or conditions that undermine efforts to stop COVID-19 or discourage compliance with recommendations and CDC guidelines. 4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY IDENTIFIER (UEI) REQUIREMENTS. 4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee submits the final financial report required under the Award or receives final payment, whichever is later. Grantee shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 4.2. UEI. Grantee shall provide its UEI number to its Prime Recipient, and shall update Grantee's information in SAM at least annually after the initial registration, and more frequently if required by changes in Grantee's information. 5. TOTAL COMPENSATION. Exhibit WW Page 3 of 14 Version 5.06.2022 5.1. Grantee shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and 5.1.2. In the preceding fiscal year, Grantee received: 5.1.2.1. 80% or more of its annual gross revenues from Federal procurement Agreements and Subcontractors and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement Agreements and Subcontractors and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.3. 5.1.2.3 The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 6. REPORTING. 6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct payment shall be made to Grantee for providing any reports required under these Federal Provisions and the cost of producing such reports shall be included in the Grant price. The reporting requirements in this Exhibit are based on guidance from the OMB, and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Grant and shall become part of Grantee's obligations under this Grant. 7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING. 7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently de -obligated such that the total award amount falls below $30,000, the Award shall continue to be subject to the reporting requirements. If the total award is below $30,000 no reporting required; if more than $30,000 and less than $50,000 then FFATA reporting is required; and, $50,000 and above SLFRF reporting is required. 7.2. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years beginning on or after December 26, 2014. 8. SUBRECIPIENT REPORTING REQUIREMENTS. 8.1. Grantee shall report as set forth below. 8.1.1. Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as referenced in Exhibit YY to report to the State Agency within ten (10) days following each quarter ended September, December, March and June. Additional information on specific requirements are detailed in the SLFRF Subrecipient Quarterly Report Workbooks and "Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds" report available at www.treasury.gov. Exhibit WW Page 4 of 14 Version 5.06.2022 EC 1— Public Health All Public Health Projects a) Description of structure and objectives b) Description of relation to COVID-19 c) Identification of impacted and/or disproportionately impacted communities d) Capital Expenditures i. Presence of capital expenditure in project ii. Total projected capital expenditure Type of capital expenditure iv. Written justification v. Labor reporting COVID-19 Interventions and Mental Health (1.4, 1.11, 1.12, 1.13) a) Amount of total project used for evidence -based programs b) Evaluation plan description COVID-19 Small Business Economic Assistance (1.8) a) Number of small businesses served COVID-19 Assistance to Non -Profits (1.9) a) Number of non -profits served COVID-19 Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (1.10) a) Sector of employer b) Purpose of funds EC 2 — Negative Economic Impacts All Negative Economic Impacts Projects a) Description of project structure and objectives b) Description of project's response to COVID-19 c) Identification of impacted and/or disproportionately impacted communities d) Amount of total project used for evidence -based programs and description of evaluation plan (not required for 2.5, 2.8, 2.21-2.24, 2.27-2.29, 2.31, 2.34-2.36) e) Number of workers enrolled in sectoral job training programs f) Number of workers completing sectoral job training programs g) Number of people participating in summer youth employment programs h) Capital Expenditures i. Presence of capital expenditure in project ii. Total projected capital expenditure iii. Type of capital expenditure iv. Written justification v. Labor reporting Household Assistance (2.1-2.8) a) Number of households served b) Number of people or households receiving eviction prevention services (2.2 & 2.5 only) (Federal guidance may change this requirement in July 2022) Exhibit WW Page 5 of 14 Version 5.06.2022 c) Number of affordable housing units preserved or developed (2.2 & 2.5 only) (Federal guidance may change this requirement in July 2022) Healthy Childhood Environments (2.11-2.13) a) Number of children served by childcare and early learning (Federal guidance may change this requirement in July 2022) b) Number of families served by home visiting (Federal guidance may change this requirement in July 2022) Education Assistance (2.14, 2.24-2.27) a) National Center for Education Statistics ("NCES") School ID or NCES District ID b) Number of students participating in evidence -based programs (Federal guidance may change this requirement in July 2022) Housing Support (2.15, 2.16, 2.18) a) Number of people or households receiving eviction prevention services (Federal guidance may change this requirement in July 2022) b) Number of affordable housing units preserved or developed (Federal guidance may change this requirement in July 2022) Small Business Economic Assistance (2.29-2.33) a) Number of small businesses served Assistance to Non -Profits (2.34) a) Number of non -profits served Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (2.35-2.36) a) Sector of employer b) Purpose of funds c) If other than travel, tourism and hospitality (2.36) — description of hardship EC 3 — Public Health — Negative Economic Impact: Public Sector Capacity Payroll for Public Health and Safety Employees (EC 3.1) a) Number of government FTEs responding to COVID-19 Rehiring Public Sector Staff (EC 3.2) a) Number of FTEs rehired by governments EC 4 — Premium Pay All Premium Pay Projects a) List of sectors designated as critical by the chief executive of the jurisdiction, if beyond those listed in the final rule b) Numbers of workers served c) Employer sector for all subawards to third -party employers d) Written narrative justification of how premium pay is responsive to essential work during the public health emergency for non-exempt workers or those making over 150 percent of the state/county's average annual wage e) Number of workers to be served with premium pay in K-12 schools EC 5 — Infrastructure Projects All Infrastructure Projects a) Projected/actual construction start date (month/year) Exhibit WW Page 6 of 14 Version 5.06.2022 b) Projected/actual initiation of operations date (month/year) c) Location (for broadband, geospatial data of locations to be served) d) Projects over $10 million i. Prevailing wage certification or detailed project employment and local impact report ii. Project labor agreement certification or project workforce continuity plan iii. Prioritization of local hires iv. Community benefit agreement description, if applicable Water and sewer projects (EC 5.1-5.18) a) National Pollutant Discharge Elimination System (NPDES) Permit Number (if applicable; for projects aligned with the Clean Water State Revolving Fund) b) Public Water System (PWS) ID number (if applicable; for projects aligned with the Drinking Water State Revolving Fund) c) Median Household Income of service area d) Lowest Quintile Income of the service area Broadband projects (EC 5.19-5.21) a) Confirm that the project is designed to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds. i. If the project is not designed to reliably meet or exceed symmetrical 100 Mbps download and upload speeds, explain why not, and ii. Confirm that the project is designed to, upon completion, meet or exceed 100 Mbps download speed and between at least 20 Mbps and 100 Mbps upload speed, and be scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed. b) Additional programmatic data will be required for broadband projects and will be defined in a subsequent version of the US Treasury Reporting Guidance, including, but not limited to (Federal guidance may change this requirement in July 2022): i. Number of households (broken out by households on Tribal lands and those not on Tribal lands) that have gained increased access to broadband meeting the minimum speed standards in areas that previously lacked access to service of at least 25 Mbps download and 3 Mbps upload, with the number of households with access to minimum speed standard of reliable 100 Mbps symmetrical upload and download and number of households with access to minimum speed standard of reliable 100 Mbps download and 20 Mbps upload ii. Number of institutions and businesses (broken out by institutions on Tribal lands and those not on Tribal lands) that have projected increased access to broadband meeting the minimum speed standards in areas that previously lacked access to service of at least 25 Mbps download and 3 Mbps upload, in each of the following categories: business, small business, elementary school, secondary school, higher education institution, library, healthcare facility, and public safety organization, with the number of each type of institution with access to the minimum speed standard of reliable 100 Mbps symmetrical Exhibit WW Page 7 of 14 Version 5.06.2022 upload and download; and number of each type of institution with access to the minimum speed standard of reliable 100 Mbps download and 20 Mbps upload iii. Narrative identifying speeds/pricing tiers to be offered, including the speed/pricing of its affordability offering, technology to be deployed, miles of fiber, cost per mile, cost per passing, number of households (broken out by households on Tribal lands and those not on Tribal lands) projected to have increased access to broadband meeting the minimum speed standards in areas that previously lacked access to service of at least 25 Mbps download and 3 Mbps upload, number of households with access to minimum speed standard of reliable 100 Mbps symmetrical upload and download, number of households with access to minimum speed standard of reliable 100 Mbps download and 20 Mbps upload, and number of institutions and businesses (broken out by institutions on Tribal lands and those not on Tribal lands) projected to have increased access to broadband meeting the minimum speed standards in areas that previously lacked access to service of at least 25 Mbps download and 3 Mbps upload, in each of the following categories: business, small business, elementary school, secondary school, higher education institution, library, healthcare facility, and public safety organization. Specify the number of each type of institution with access to the minimum speed standard of reliable 100 Mbps symmetrical upload and download; and the number of each type of institution with access to the minimum speed standard of reliable 100 Mbps download and 20 Mbps upload All Expenditure Categories a) Program income earned and expended to cover eligible project costs 8.1.2. Subrecipient shall report the following data elements to Prime Recipient no later than five days after the end of the month following the month in which the Subaward was made. 8.1.2.1. Subrecipient UEI Number; 8.1.2.2. Subrecipient UEI Number if more than one electronic funds transfer (EFT) account; 8.1.2.3. Subrecipient parent's organization UEI Number; 8.1.2.4. Subrecipient's address, including: Street Address, City, State, Country, Zip + 4, and Congressional District; 8.1.2.5. Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and 8.1.2.6. Subrecipient's Total Compensation of top 5 most highly compensated Executives if the criteria in §4 above met. 8.1.3. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, the following data elements: Exhibit WW Page 8 of 14 Version 5.06.2022 8.1.3.1. Subrecipient's UEI Number as registered in SAM. 8.1.3.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 8.1.3.3. Narrative identifying methodology for serving disadvantaged communities. See the "Project Demographic Distribution" section in the "Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds" report available at www.treasury.gov. This requirement is applicable to all projects in Expenditure Categories 1 and 2. 8.1.3.4. Narrative identifying funds allocated towards evidenced -based interventions and the evidence base. See the "Use of Evidence" section in the "Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds" report available at www.treasury.gov. See section 8.1.1 for relevant Expenditure Categories. 8.1.3.5. Narrative describing the structure and objectives of the assistance program and in what manner the aid responds to the public health and negative economic impacts of COVID-19. This requirement is applicable to Expenditure Categories 1 and 2. For aid to travel, tourism, and hospitality or other impacted industries (EC 2.11- 2.12), also provide the sector of employer, purpose of funds, and if not travel, tourism and hospitality a description of the pandemic impact on the industry. 8.1.3.6. Narrative identifying the sector served and designated as critical to the health and well-being of residents by the chief executive of the jurisdiction and the number of workers expected to be served. For groups of workers (e.g., an operating unit, a classification of worker, etc.) or, to the extent applicable, individual workers, other than those where the eligible worker receiving premium pay is earning (with the premium pay included) below 150 percent of their residing state or county's average annual wage for all occupations, as defined by the Bureau of Labor Statistics Occupational Employement and Wage Statistics, whichever is higher, OR the eligible worker reciving premium pay is not exempt from the Fair Labor Standards Act overtime provisions, include justification of how the premium pay or grant is responsive to workers performing essential work during the public health emergency. This could include a description of the essential workers' duties, health or financial risks faced due to COVID-19 but should not include personally identifiable information. This requirement applies to EC 4.1, and 4.2. 8.1.3.7. For infrastructure projects (EC 5) or capital expenditures in any expenditure category, narrative identifying the projected construction start date (month/year), projected initiation of operations date (month/year), and location (for broadband, geospatial location data). For projects over $10 million: 8.1.3.7.1. Certification that all laborers and mechanics employed by Contractors and Subcontractors in the performance of such project are paid wages at rates not less than those prevailing, as determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the "Davis -Bacon Act"), for the corresponding classes of laborers and mechanics employed on projects of a character similar to the Agreement work in the civil subdivision of the State (or the District of Columbia) in which the work is to be performed, or by the appropriate State entity pursuant to a corollary State prevailing -wage -in -construction law Exhibit WW Page 9 of 14 Version 5.06.2022 (commonly known as "baby Davis -Bacon Acts"). If such certification is not provided, a recipient must provide a project employment and local impact report detailing (1) the number of employees of Contractors and sub- contractors working on the project; (2) the number of employees on the project hired directly and hired through a third party; (3) the wages and benefits of workers on the project by classification; and (4) whether those wages are at rates less than those prevailing. Recipients must maintain sufficient records to substantiate this information upon request. 8.1.3.7.2. A Subrecipient may provide a certification that a project includes a project labor agreement, meaning a pre -hire collective bargaining agreement consistent with section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)). If the recipient does not provide such certification, the recipient must provide a project workforce continuity plan, detailing: (1) how the Subrecipient will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high -quality construction throughout the life of the project; (2) how the Subrecipient will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost- effectiveness of the project; and (3) how the Subrecipient will provide a safe and healthy workplace that avoids delays and costs associated with workplace illnesses, injuries, and fatalities; (4) whether workers on the project will receive wages and benefits that will secure an appropriately skilled workforce in the context of the local or regional labor market; and (5) whether the project has completed a project labor agreement. 8.1.3.7.3. Whether the project prioritizes local hires. 8.1.3.7.4. Whether the project has a Community Benefit Agreement, with a description of any such agreement. 8.1.4. Subrecipient also agrees to comply with any reporting requirements established by the US Treasury, Governor's Office and Office of the State Controller. The State of Colorado may need additional reporting requirements after this agreement is executed. If there are additional reporting requirements, the State will provide notice of such additional reporting requirements via Exhibit ZZ — SLFRF Reporting Modification Form. 9. PROCUREMENT STANDARDS. 9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through 200.327 thereof. 9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all Agreements and purchase orders for work or products under this award. Exhibit WW Page 10 of 14 Version 5.06.2022 9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision of the State, its Contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 10. ACCESS TO RECORDS. 10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to Subrecipient's records and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.332 (Requirements for pass -through entities), 2 CFR 200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart F -Audit Requirements of the Uniform Guidance. 11. SINGLE AUDIT REQUIREMENTS. 11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient's fiscal year, the Subrecipient shall procure or arrange for a single or program -specific audit conducted for that year in accordance with the provisions of Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501. 11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program - specific audit conducted in accordance with 2 CFR 200.507 (Program -specific audits). The Subrecipient may elect to have a program -specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Prime Recipient. A program -specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program - specific audit. 11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. Exhibit WW Page 11 of 14 Version 5.06.2022 11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Subpart F -Audit Requirements. 12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS. 12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient, Grantees that are Subrecipients shall comply with the following provisions. Subrecipients shall include all of the following applicable provisions in all Subcontractors entered into by it pursuant to this Grant. 12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements that meet the definition of "federally assisted construction Agreement" 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 Agreement Compliance Programs, Equal Employment Opportunity, Department of Labor. 12.1.2. [Applicable to on -site employees working on government -funded construction, alteration and repair projects.] Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141- 3148). 12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the definition of "funding agreement" under 37 CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into an Agreement with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Agreements and Cooperative Agreements," and any implementing regulations issued by the Federal Awarding Agency. 12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal awardees to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). Exhibit WW Page 12 of 14 Version 5.06.2022 12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 12.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Agreement, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 12.1.7. Never Agreement with the enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to the regulations implementing "Never Agreement with the enemy" in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered Agreements, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds on certain telecommunications and video surveillance services or equipment pursuant to 2 CFR 200.216. 12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CRF Part 22, and herein incorporated by reference and made part of this Agreement or agreement. 13. CERTIFICATIONS. 13.1. Subrecipient Certification. Subrecipient shall sign a "State of Colorado Agreement with Recipient of Federal Recovery Funds" Certification Form in Exhibit XX and submit to State Agency with signed grant agreement. Exhibit WW Page 13 of 14 Version 5.06.2022 13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. 14. EXEMPTIONS. 14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 15. EVENT OF DEFAULT AND TERMINATION. 15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 -day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity. 15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows: 15.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal Entity fails to comply with the terms and conditions of a Federal Award; 15.2.2. By the Federal awarding agency or Pass -through Entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; 15.2.3. By the Federal awarding agency or Pass -through Entity with the consent of the Non - Federal Entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 15.2.4. By the Non -Federal Entity upon sending to the Federal Awarding Agency or Pass - through Entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass -through Entity determines in the case of partial termination that the reduced or modified portion of the Federal Award or Subaward will not accomplish the purposes for which the Federal Award was made, the Federal Awarding Agency or Pass -through Entity may terminate the Federal Award in its entirety; or 15.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to termination provisions included in the Federal Award. Exhibit WW Page 14 of 14 Version 5.06.2022 DocuSign Envelope ID: AF256D63-82AA-4775-8892-37F2B036BABF Exhibit IOC, AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of the Treasury (Treasury) to make payments to certain Subrecipients from the Coronavirus State Fiscal Recovery Fund. The State of Colorado has signed and certified a separate agreement with Treasury as a condition of receiving such payments from the Treasury. This agreement is between your organization and the State and your organization is signing and certifying the same terms and conditions included in the State's separate agreement with Treasury. Your organization is referred to as a Subrecipient. As a condition of your organization, receiving federal recovery funds from the State, the authorized representative below hereby (i) certifies that your organization will carry out the activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto. Your organization also agrees to use the federal recovery funds as specified in bills passed by the General Assembly and signed by the Governor. Under penalty of perjury, the undersigned official certifies that the authorized representative has read and understood the organization's obligations in the Assurances of Compliance and Civil Rights Requirements, that any information submitted in conjunction with this assurances document is accurate and complete, and that the organization is in compliance with the nondiscrimination requirements. county of weld, Colorado Subrecipient Name Scott K. James Authorized Representative: Chair Title: e-- DocuSigned by: Signature: Exhibit XX Scoff 361.6 t s �- F7ARAMIR111AAA1 Page 1 of 9 Version 5.06.2022 AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS TERMS AND CONDITIONS 1. Use of Funds. a. Subrecipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 602(c) of the Social Security Act (the Act) and Treasury's regulations implementing that section and guidance. b. Subrecipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project. 2. Period of Performance. The period of performance for this subaward is shown on page one of this Agreement. Subrecipient may use funds to cover eligible costs incurred, as set forth in Treasury's implementing regulations, during this period of performance. 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. Subrecipient also agrees to comply with any reporting requirements established by the Governor's Office and Office of the State Controller. The State will provide notice of such additional reporting requirements via Exhibit ZZ — Reporting Modification Form. 4. Maintenance of and Access to Records a. Subrecipient shall maintain records and financial documents sufficient to evidence compliance with section 602(c), Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Subrecipient in order to conduct audits or other investigations. c. Records shall be maintained by Subrecipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later. 5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct and indirect costs. Subrecipient shall follow guidance on administrative costs issued by the Governor's Office and Office of the State Controller. 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient. Exhibit XX Page 2 of 9 Version 5.06.2022 8. Conflicts of Interest. The State of Colorado understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Subrecipient and Contractors must disclose in writing to the Office of the State Controller or the pass -through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. The Office of the State Controller shall disclose such conflict to Treasury. 9. Compliance with Applicable Law and Regulations. a. Subrecipient agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(0 of the Act, and guidance issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (Agreements and Subcontractors described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. v. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Government wide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. Exhibit XX Page 3 of 9 Version 5.06.2022 ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10. Remedial Actions. In the event of Subrecipient's noncompliance with section 602 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable. 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12. False Statements. Subrecipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or Agreements, and/or any other remedy available by law. 13. Publications. Any publications produced with funds from this award must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number SLFRF0126 awarded to the State of Colorado by the U.S. Department of the Treasury." 14. Debts Owed the Federal Government. a. Any funds paid to the Subrecipient (1) in excess of the amount to which the Exhibit XX Page 4 of 9 Version 5.06.2022 Subrecipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by the Subrecipient shall constitute a debt to the federal government. b. Any debts determined to be owed to the federal government must be paid promptly by Subrecipient. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. 15. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Subrecipient or third persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any Agreement, or Subcontractor under this award. b. The acceptance of this award by Subrecipient does not in any way establish an agency relationship between the United States and Subrecipient. 16. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal Agreement or grant, a gross waste of federal funds, an abuse of authority relating to a federal Agreement or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal Agreement (including the competition for or negotiation of an Agreement) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for Agreement or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Subrecipient, Contractor, or Exhibit XX Page 5 of 9 Version 5.06.2022 Subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Subrecipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Subrecipient should encourage its Contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles. 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Subrecipient should encourage its employees, Subrecipients, and Contractors to adopt and enforce policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies to decrease accidents caused by distracted drivers. Exhibit XX Page 6 of 9 Version 5.06.2022 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the Subrecipient provides the assurances stated herein. The federal financial assistance may include federal grants, loans and Agreements to provide assistance to the Subrecipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass Agreements of guarantee or insurance, regulated programs, licenses, procurement Agreements by the Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Subrecipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Subrecipient's program(s) and activity(ies), so long as any portion of the Subrecipient's program(s) or activity(ies) is federally assisted in the manner prescribed above. 1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Subrecipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Subrecipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Subrecipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Subrecipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Subrecipient's programs, services, and activities. 3. Subrecipient agrees to consider the need for language services for LEP persons when Subrecipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov. Exhibit XX Page 7 of 9 Version 5.06.2022 4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Subrecipient and Subrecipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Subrecipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every Agreement or agreement subject to Title VI and its regulations between the Subrecipient and the Subrecipient's sub -grantees, Contractors, Subcontractors, successors, transferees, and assignees: The sub -grantee, Contractor, Subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients offederal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement or agreement. 6. Subrecipient understands and agrees that if any real property or structure is provided or improved with the aid of federal fmancial assistance by the Department of the Treasury, this assurance obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Subrecipient for the period during which it retains ownership or possession of the property. 7. Subrecipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Subrecipient shall comply with information requests, on -site compliance reviews and reporting requirements. 8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Subrecipient also must inform the Department of the Treasury if Subrecipient has received no complaints under Title VI. 9. Subrecipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Subrecipient and the administrative agency that made the finding. If the Subrecipient settles a case or matter alleging such discrimination, the Subrecipient must provide documentation of the settlement. If Exhibit XX Page 8 of 9 Version 5.06.2022 Subrecipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. If the Subrecipient makes sub -awards to other agencies or other entities, the Subrecipient is responsible for ensuring that sub-Subrecipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub- Subrecipients. 11. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Exhibit XX Page 9 of 9 Version 5.06.2022 EXHIBIT YY, SLFRF SUBRECIPIENT QUARTERLY REPORT 1. SLFRF SUBRECIPIENT QUARTERLY REPORT WORKBOOK 1.1 Exhibit YY The SLFRF Subrecipient Quarterly Report Workbook must be submitted to the State Agency within ten (10) days following each quarter ended September, December, March and June. The SLFRF Subrecipient Quarterly Report Workbook can be found at: https://osc.colorado.gov/american-rescue-plan-act (see SLFRF Grant Agreement Templates tab). Page 1 of 1 Version 5.06.2022 Exhibit ZZ — SAMPLE SLFRF REPORTING MODIFICATION FORM Grantee: Grant Agreement No: Project Title: Project No: Project Duration: I To: I From: State Agency: This form serves as notification that there has been a change to the reporting requirements set forth in the original SLFRF Grant Agreement. The following reporting requirements have been (add/ remove additional rows as necess Updated Reporting Requirement (Add/Delete/Modify) Project Number arY) By signing this form, the Grantee agrees to and acknowledges the changes to the reporting requirements set forth in the original SLFRF Grant Agreement. All other terms and conditions of the original SLFRF Grant Agreement, with any approved modifications, remain in full force and effect. Grantee shall submit this form to the State Agency within 10 business days of the date sent by that Agency. Grantee Date State Agency Grant Manager Date Exhibit ZZ Page 1 of 1 Version 5.06.2022 New Contract Request Entity Information Entity Name:* Entity' ID * COLORADO DEPARTMENT OF LAB -OR 0001 ©497 EMPLOYMENT Contraa Name* AMENDMENT #1 REGARDING THE WORKFORCE DEVELOPMENT PROGRAMS -STATE AND LOCAL FISCAL RECOVERY FUNDS (SLFRF) Contract Status CT6 REVIEW Contract ID 5939 Contract Lead* COBBXXLK New Entity? Parent Contract ID 2;1180190 Requires Board Approval YES Contract Lead Email Department Project # cobbxxlk>co.weld.cr.us Contract Description" AMENDMENT #1 ADDING STATE AND LOCAL FISCAL RECOVERY FUNDS SLFRE;i FEDERAL .AND STATE REPORTING REQUIREMENTS TO THE MASTER. GRAN AGREEMENT (TYLER 1dr 2018-0190). TE.R.M: DATE OF EXECUTION TO 6;30;2026. Contract Description 2 PA ROUTING THROUGH NORMAL. APPROVAL PROCESS. ETA TO CTB 6/7/22. Contract Type* AMENDMENT Amount* 50.00 Renewable* NO Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CM- HurnanSe.rF'ices(P.veldgov.co Department Head Email CM-HurnanSe.rvices- DeptHead v.,eldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUN PrATTO RNEY:La'WELDG OV.COM Requested ROCCC Agenda Date* a06 1 512022 Due Date 0r 1 112022 Will a work session with B()CC be required?* NO Does Contract require. Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA. Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Onaase Contract Dates Effective Date Review Date* 04,,30i2026 Renewal Date Termination Notice Period Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAMIE ULRI'CI- DH Approved Date 06,02 2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06,15 2022 Originator COBBXXLK. Committed Delivery Date Contaa Type Contact Email Finance Approver CHERYL PATTELLI Expiration Date 06'30, 2026 Contact Phone 1 Purchasing Approved Date Finance Approved Date X16,'03, 2022 Tyler Ref #k AC 061 522 Legal Counsel BRUCE BARKER Contact Phone 2 Legal Counsel Approved Date 06,'03'2022 Hello