HomeMy WebLinkAbout20210184.tiffMariah Higgins
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Good afternoon,
Lesley Cobb
Tuesday, January 12, 2021 2:50 PM
CTB
HS Contract Management
INFORMATIONAL: CSBG Summary of Grant Award and Conditions notification
CSBG-21-025.pdf; CSBG-21-025 CSBG Exhibit A 121217.pdf; CSBG-21-025 CSBG Exhibit
B.pdf; CSBG-21-025 CSBG Exhibit C Federal Provisions 09-25-19.pdf; CSBG-21-025 CSBG
Exhibit G.pdf; CSBG-21-025 FORM 2 FFATA Data Form.pdf
Follow up
Flagged
Please find the Summary of Grand Award and Conditions notification regarding the Community Services Block Grant
Application (CSBG) - Tyler #2020-2985 for your records.
Thank you!
Lesley Cobb
Data Analyst
Contract Management and Compliance Supervisor
Weld County Dept. of Human Services
315 N. 11th Ave., Bldg A
PO Box A
Greeley, CO 80632
S(970) 400-6512
(970) 353-5212
cobbxxlk@weldgov.com
><
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From: Docu5ign NA3 System <dse_NA3@docusign.net>
Sent: Tuesday, December 29, 2020 3:48 PM
To: HS Contract Management<HS-ContractManagement@co.weld.co.us>
Subject: Completed: Executed agreement: CSBG-21-O25 - CSBG44-Weld County 2021-2024
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COMtAun;C9.-Ko/1S
DI/20/Q._I
cc : FI5t)
0014/2.1
2021-0184
KROOcia
1
COLORADO
Department of Local Affairs
Division of Local Government
Nina Baumgartner - DOLA
Nina.baumgartner@state.co.us
All parties have completed Executed agreement: CSBG-21-025 - CSBG44-Weld County
2021-2024.
Hi
Please find attached your copy of the above -mentioned grant agreement.
Best regards
Nina Baumgartner
Division of Local Govts Contracts & Grants Manager
Department of Local Affairs
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DocuSign Envelope ID: 9DE58FF6-D2D2-462B-933E-2E43272167A0
CSBG
CTGG1 NLAA 2021*2950
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency
Department of Local Affairs
DLG Number
L21 CSBG44
CMS #
166592
Grantee
Weld County
Grant Award Amount
$66,964.00
Project Number and Name
CSBG-21-025 - CSBG44-Weld County 2021-2024
Performance Start Date
The later of the Effective Date or
January 1, 2021
Grant Expiration Date
September 30, 2024
Project Description
The Project consists of providing programs and services to
address poverty in Colorado.
Program Name
Community Services Block Grant (CSBG)
Funding Source
FEDERAL FUNDS
DOLA CSBG Program Manager
Alex Vercio, (303) 864-8431, alex.vercio�state.co.us
Catalog of Federal Domestic Assistance (CFDA) Number
93.569
DOLA CSBG Program Assistant
Alex Diaz, (303) 864-8423, alex.diazna state.co.us
VCUST#
14294
Address
Code CN001 EFT
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
DEPARTMENT
OF LOCAL AFFAIRS
PROGRAM REVIEWER
r—DocuSignedbbyy: Fat-rat
aV� �1,� -,-
QW�I./ U� rail �C:�LW Prer� ab% �•'4IMn4
STATE OF COLORADO
Jared S. Polis, Governor
DEPARTMENT OF LOCAL AFFAIRS
Rick M. Garcia, Executive Director
.-• 1,.
i /�X78098473
O cry Fc,�
By:
Date:
FOD464.O(/CD"uSignedbY.dvk'
Audrey Field, Financial Assistance Manager
Federal Programs
12/29/2020 17:30 AM MST
�� 7
FF4C4CFABFDAD405...`
By: Rick M. Garcia, Executive Director
Date; 12/29/2020 13:06 PM MST
In accordance
with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
DocuSignr )ed by:
���.
DFA94368247F476...
By: Yingtse Cha, Controller Delegate
Department of Local Affairs
Effective Date: 12/29/2020 I 3:47 PM MST
DocuSign Envelope ID: 9DE58FF6-D2D2-4628-933E-2E43272167A0
CSBG-21-025 - CSBG44-Weld County 2021-2024
TERMS AND CONDITIONS
1. GRANT
As of the Performance Start Date, the State Agency shown on the Summary of Grant Award
Terms and Conditions page of this Grant Award Letter (the "State") hereby obligates and awards
to Grantee shown on the Summary of Grant Award Terms and Conditions page of this Grant
Award Letter (the "Grantee") an award of Grant Funds in the amount shown on the Summary of
Grant Award Terms and Conditions page of this Grant Award Letter. By accepting the Grant
Funds provided under this Grant Award Letter, Grantee agrees to comply with the terms and
conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this
Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Grant Award Letter shall commence on the
Performance Start Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter.
Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant
Award Letter by providing Grantee with an updated Grant Award Letter or an executed
Option Letter showing the new Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, Federal or other funds
used for this Grant Award Letter are not appropriated, or otherwise become unavailable to
fund this Grant Award Letter, the State, in its discretion, may terminate this Grant Award
Letter in whole or in part by providing written notice to Grantee. If the State terminates this
Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to
the percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed, as determined by the State,
less payments previously made. Additionally, the State, in its discretion, may reimburse
Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this
Grant Award Letter that are incurred by Grantee and are directly attributable to the
uncompleted portion of Grantee's obligations, provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This
subsection shall not apply to a termination of this Grant Award Letter by the State for
breach by Grantee.
C. Grantee's Termination Under Federal Requirements
Grantee may request termination of this Grant by sending notice to the State, or to the
Federal Awarding Agency with a copy to the State, which includes the reasons for the
termination and the effective date of the termination. If this Grant is terminated in this
manner, then Grantee shall return any advanced payments made for work that will not be
performed prior to the effective date of the termination.
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3. AUTHORITY
Authority to enter into this Grant Award Letter exists in the law as follows:
A. Federal Authority
This Grant Award Letter is funded, in whole or in part, with Federal funds made available
pursuant to the Community Services Block Grant (42 U.S.C. 9901 et seq.).
B. Reserved.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Budget" means the budget for the Work described in Exhibit B.
B. "Business Day" means any day on which the State is open and conducting business, but
shall not include Saturday, Sunday or any day on which the State observes one of the
holidays listed in §24-11-101(1) C.R.S.
C. "CJI" means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including, without limitation, all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau
of Investigation, Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under §24-72-302 C.R.S.
D. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
E. "Exhibits" means the following exhibits attached to this Grant Award Letter:
i. Exhibit A, Federal Provisions
ii. Exhibit B, Scope of Project
iii. Exhibit C, Federal Provisions 09-25-19
iv. Exhibit G, Form of Option Letter
v. Form 1, Affidavit of Legal Residency
vi. Form 2, FFATA Data Report Form
F. "Extension Term" means the period of time by which the Grant Expiration Date is
extended by the State through delivery of an updated Grant Award Letter
G. "Federal Award" means an award of Federal financial assistance or a cost -reimbursement
contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the
Recipient. "Federal Award" also means an agreement setting forth the terms and conditions
of the Federal Award. The term does not include payments to a contractor or payments to
an individual that is a beneficiary of a Federal program.
H. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient. The U.S. Department of Health & Human Services, Administration for Children
& Families, Office of Community Services ("OCS") is the Federal Awarding Agency for
the Federal Award which is the subject of this Grant.
I. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired,
produced, or delivered by Grantee in connection with the Services.
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CSBG-21-025 - CSBG44-Weld County 2021-2024
J. "Grant Award Letter" means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future updates thereto.
K. "Grant Expiration Date" means the Grant Expiration Date shown on the Summary of
Grant Award Terms and Conditions page of this Grant Award Letter. Work performed
after the Grant Expiration Date is not eligible for reimbursement from Grant Funds.
L. "Grant Funds" means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
M. "Incident" means any accidental or deliberate event that results in or constitutes an
imminent threat of the unauthorized access or disclosure of State Confidential Information
or of the unauthorized modification, disruption, or destruction of any State Records.
N. "Initial Term" means the time period between the Performance Start Date and the initial
Grant Expiration Date.
O. Reserved.
P. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
Q. "Performance Start Date" means the later of the Performance Start Date or the Effective
Date shown on the Summary of Grant Award Terms and Conditions page of this Grant
Award Letter.
R. "PCI" means payment card information including any data related to credit card holders'
names, credit card numbers, or the other credit card information as may be protected by
state or federal law.
S. "PHI" means any protected health information, including, without limitation any
information whether oral or recorded in any form or medium: (i) that relates to the past,
present or future physical or mental condition of an individual; the provision of health care
to an individual; or the past, present or future payment for the provision of health care to an
individual; and (ii) that identifies the individual or with respect to which there is a
reasonable basis to believe the information can be used to identify the individual. PHI
includes, but is not limited to, any information defined as Individually Identifiable Health
Information by the federal Health Insurance Portability and Accountability Act.
T. "PII" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual's identity, such as name, social security number, date and place of birth,
mother's maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §24-72-501 C.R.S.
U. "Project" means the assistance or services provided by Grantee from the list of federal
objective(s) for the Community Services Block Grant ("CSBG") program as further
described in Exhibit B.
V. "Recipient" means the State Agency shown on the first page of this Grant Award Letter,
for the purposes of the Federal Award.
W. "Services" means the services performed by Grantee as set forth in this Grant Award
Letter, and shall include any services rendered by Grantee in connection with the Goods.
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X. "State Confidential Information" means any and all State Records not subject to
disclosure under CORA. State Confidential Information shall include, but is not limited to,
PHI, PCI, PII, Tax Information, CJI, and State personnel records not subject to disclosure
under CORA.
Y. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
Z. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year
and ending on June 30 of the following calendar year. If a single calendar year follows the
term, then it means the State Fiscal Year ending in that calendar year.
AA. "State Records" means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
BB. "Sub -Award" means this grant by the State (a Recipient) to Grantee (a Subrecipient)
funded in whole or in part by a Federal Award. The terms and conditions of the Federal
Award flow down to this Sub -Award unless the terms and conditions of the Federal Award
specifically indicate otherwise.
CC. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub -grantees.
DD. Subrecipient" means a state, local government, Indian tribe, institution of higher education
(IHE), or nonprofit organization entity that receives a Sub -Award from a Recipient to carry
out part of a Federal program, but does not include an individual that is a beneficiary of
such program. A Subrecipient may also be a recipient of other Federal Awards directly
from a Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient.
EE. "Tax Information" means Federal and State of Colorado tax information including,
without limitation, Federal and State tax returns, return information, and such other tax -
related information as may be protected by Federal and State law and regulation. Tax
Information includes, but is not limited to all information defined as Federal tax
information in Internal Revenue Service Publication 1075.
FF. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 CFR Part 200, commonly known as the "Super Circular, which supersedes
requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133,
and the guidance in Circular A-50 on Single Audit Act follow-up.
GG. "Work" means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
HH. "Work Product" means the tangible and intangible results of the Work, whether finished
or unfinished, including drafts. Work Product includes, but is not limited to, documents,
text, software (including source code), research, reports, proposals, specifications, plans,
notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models,
surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work.
"Work Product" does not include any material that was developed prior to the Performance
Start Date that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed
and interpreted as defined in that Exhibit.
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CSBG-21-025 - CSBG44-Weld County 2021-2024
5. PURPOSE
The Community Services Block Grant (CSBG) provides funds to alleviate the causes and
conditions of poverty in communities. The purpose of this Grant is described in Exhibit B.
6. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit B. The State shall have no liability to compensate or reimburse Grantee
for the delivery of any goods or the performance of any services that are not specifically set forth
in this Grant Award Letter.
7. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Total Grant
Amount shown on the Summary of Grant Award Terms and Conditions page of this Grant
Award Letter. Financial obligations of the State payable after the current State Fiscal Year
are contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available. The State shall not be liable to pay or reimburse Grantee for any Work
performed or expense incurred before the Performance Start Date or after the Grant
Expiration Date; provided, however, that Work performed and expenses incurred by
Grantee before the Performance Start Date that are chargeable to an active Federal Award
may be submitted for reimbursement as permitted by the terms of the Federal Award. The
State may increase or decrease the Grant Award Amount by providing Grantee with an
updated Grant Award Letter or an executed Option Letter showing the new Grant Award
Amount.
B. Erroneous Payments
The State may recover, at the State's discretion, payments made to Grantee in error for any
reason, including, but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Grantee. The State may recover such payments by deduction
from subsequent payments under this Grant Award Letter, deduction from any payment due
under any other contracts, grants or agreements between the State and Grantee, or by any
other appropriate method for collecting debts owed to the State. The close-out of a Federal
Award does not affect the right of the Federal Awarding Agency or the State to disallow
costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period, as defined below.
C. Reserved.
D. Reimbursement of Grantee Costs
The State shall reimburse Grantee's allowable costs, not exceeding the maximum total
amount ("Total Grant Amount") described in this Grant Award Letter for all allowable
costs described in this Grant Award Letter and shown in the Budget in Exhibit B. The State
shall reimburse Grantee for the Federal share of properly documented allowable costs
related to the Work after the State's review and approval thereof, subject to the provisions
of this Grant. The State shall only reimburse allowable costs if those costs are: (i)
reasonable and necessary to accomplish the Work and for the Goods and Services provided;
and (ii) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value
received by Grantee that reduce the cost actually incurred).
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CSBG-21-025 - CSBG44-Weld County 2021-2024
E. Close -Out
Grantee shall close out this Grant within 90 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Grant Award Letter and Grantee's final reimbursement
request or invoice. If the Federal Awarding Agency has not closed this Federal Award
within 1 year and 90 days after the Grant Expiration Date due to Grantee's failure to submit
required documentation, then Grantee may be prohibited from applying for new Federal
Awards through the State until such documentation is submitted and accepted.
8. REPORTING - NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than
the end of the close out described in §7.E.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting the
Federal Award. The State or the Federal Awarding Agency may impose any penalties for
noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include,
without limitation, suspension or debarment.
9. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any
manner to this Grant for a period of three years following the completion of the close out of
this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and
transcribe all such records during normal business hours at Grantee's office or place of
business, unless the State determines that an audit or inspection is required without notice at
a different time to protect the interests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Grant Award
Letter using procedures as determined by the State. Grantee shall allow the State to perform
all monitoring required by the Uniform Guidance, based on the State's risk analysis of
Grantee. The State shall monitor Grantee's performance in a manner that does not unduly
interfere with Grantee's performance of the Work. If Grantee enters into a subcontract or
subgrant with an entity that would also be considered a Subrecipient, then the subcontract
or subgrant entered into by Grantee shall contain provisions permitting both Grantee and
the State to perform all monitoring of that Subcontractor in accordance with the Uniform
Guidance.
C. Audits
Grantee shall comply with all State and federal audit requirements.
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10. CONFIDENTIAL INFORMATION -STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee's own benefit, publish,
copy, or otherwise disclose to any third party, or permit the use by any third party for its
benefit or to the detriment of the State, any State Records, except as otherwise stated in this
Grant Award Letter. Grantee shall provide for the security of all State Confidential
Information in accordance with all policies promulgated by the Colorado Office of
Information Security (http://oit.state.co.us/ois) and all applicable laws, rules, policies,
publications, and guidelines including, without limitation: (i) the most recently promulgated
IRS Publication 1075 for all Tax Information, (ii) the most recently updated PCI Data
Security Standard from the PCI Security Standards Council for all PCI, (iii) the most
recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation,
Criminal Justice Information Services Security Policy for all CJI, and (iv) the federal
Health Insurance Portability and Accountability Act for all PHI. Grantee shall immediately
forward any request or demand for State Records to the State's principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees,
assigns, and Subcontractors sign nondisclosure agreements with provisions at least as
protective as those in this Grant, and that the nondisclosure agreements are in force at all
times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and
shall maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee's reasonable security requirements, for purposes of inspecting and monitoring
access and use of State Confidential Information and evaluating security control
effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State
Records provided to Grantee or destroy such State Records and certify to the State that it
has done so, as directed by the State. If Grantee is prevented by law or regulation from
returning or destroying State Confidential Information, Grantee warrants it will guarantee
the confidentiality of, and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and
cooperate with the State regarding recovery, remediation, and the necessity to involve law
enforcement, as determined by the State. After an Incident, Grantee shall take steps to
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reduce the risk of incurring a similar type of Incident in the future as directed by the State,
which may include, but is not limited to, developing and implementing a remediation plan
that is approved by the State at no additional cost to the State.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict
in any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall
be harmful to the State's interests and absent the State's prior written approval, Grantee shall
refrain from any practices, activities or relationships that reasonably appear to be in conflict with
the full performance of Grantee's obligations under this Grant. If a conflict or the appearance of a
conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has
arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details
for the State's consideration.
12. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
13. REMEDIES
In addition to any remedies available under any Exhibit to this Grant Award Letter, if Grantee
fails to comply with any term or condition of this Grant or any terms of the Federal Award, the
State may terminate some or all of this Grant and require Grantee to repay any or all Grant Funds
to the State in the State's sole discretion. The State may also terminate this Grant Award Letter
at any time if the State has determined, in its sole discretion, that Grantee has ceased performing
the Work without intent to resume performance, prior to the completion of the Work.
14. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as required or permitted by federal
regulations related to any Federal Award that provided any of the Grant Funds, disputes
concerning the performance of this Grant that cannot be resolved by the designated Party
representatives shall be referred in writing to a senior departmental management staff member
designated by the State and a senior manager or official designated by Grantee for resolution.
15. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
email to the representative of the other Party. Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this §15.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license,
with the right to sublicense, to make, use, reproduce, distribute, perform, display, create
derivatives of and otherwise exploit all intellectual property created by Grantee or any
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Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to
this Grant.
17. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions, committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28
U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-
30-1501, et seq. C.R.S. No term or condition of this Grant Award Letter shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, or
protections of any of these provisions.
18. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or
transfer without such consent shall be void. Any assignment or transfer of Grantee's rights
and obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference
only, and shall not be used to interpret, define, or limit its provisions. All references in this
Grant Award Letter to sections (whether spelled out or using the § symbol), subsections,
exhibits or other attachments, are references to sections, subsections, exhibits or other
attachments contained herein or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to
the Work, oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Grant Award Letter or by issuance of an executed Option Letter, which shall be effective if
Grantee accepts Grant Funds following receipt of the letter. The Parties may also agree to
modification of the terms and conditions of the Grant in a formal amendment to this Grant,
properly executed and approved in accordance with applicable Colorado State law and State
Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Performance Start Date. Grantee shall strictly
comply with all applicable Federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
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F. Order of Precedence
In the event of a conflict or inconsistency between this Grant Award Letter and any
Exhibits or attachment, such conflict or inconsistency shall be resolved by reference to the
documents in the following order of priority:
i. Exhibit C, Federal Provisions 09-25-19
ii. The provisions of any exhibits to this Grant Award Letter that relate to federal
requirements, including but not limited to Exhibit A — Federal Provisions
iii. Colorado Special Provisions
iv. The provisions of any executed amendments or option letters to this Grant Award
Letter
v. The provisions of the other sections of this Grant Award Letter
vi. The provisions of any remaining exhibits to this Grant Award Letter
G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not
affect the validity or enforceability of any other provision of this Grant Award Letter,
which shall remain in full force and effect, provided that the Parties can continue to perform
their obligations under the Grant in accordance with the intent of the Grant.
H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the
Grant and shall be enforceable by the other Party.
I. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or
entity other than the Parties. Any services or benefits which third parties receive as a result
of this Grant are incidental to the Grant, and do not create any rights for such third parties.
J. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Grant
Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor
shall any single or partial exercise of any right, power, or privilege preclude any other or
further exercise of such right, power, or privilege.
K. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit A at all times during the
term of this Grant.
L. Digital Signatures
If any signatory signs this Grant using a digital signature in accordance with the Colorado
State Controller Contract, Grant, and Purchase Order Policies regarding the use of digital
signatures issued under the State Fiscal Rules, then any agreement or consent to use digital
signatures within the electronic system through which that signatory signed shall be
incorporated into this Grant by reference.
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EXHIBIT A, FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS
1.1. The Grant Award Letter 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 Grant Award Letter or any attachments or exhibits
incorporated into and made a part of the Grant Award Letter, the provisions of these Federal
Provisions shall control.
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. "Agreement" means the Grant Award Letter to which these Federal Provisions are attached
and includes all Award types in §2.1.2.1 of this Exhibit.
2.1.2. "Award" means an award of Federal financial assistance, and the agreement setting forth the
terms and conditions of that financial assistance, that a non -Federal Entity receives or
administers.
2.1.2.1. Awards may be in the form of:
2.1.2.1.1. Grants;
2.1.2.1.2. Contracts;
2.1.2.1.3. Cooperative agreements, which do not include cooperative research and
development agreements (CRDA) pursuant to the Federal Technology
Transfer Act of 1986, as amended (15 U.S.C. 3710);
2.1.2.1.4. Loans;
2.1.2.1.5. Loan Guarantees;
2.1.2.1.6. Subsidies;
2.1.2.1.7. Insurance;
2.1.2.1.8. Food commodities;
2.1.2.1.9. Direct appropriations;
2.1.2.1.10. Assessed and voluntary contributions; and
2.1.2.1.11. Other financial assistance transactions that authorize the expenditure of
Federal funds by non -Federal Entities.
2.1.2.1.12. Any other items specified by OMB in policy memoranda available at
the OMB website or other source posted by the OMB.
2.1.2.2. Award does not include:
2.1.2.2.1. Technical assistance, which provides services in lieu of money;
2.1.2.2.2. A transfer of title to Federally -owned property provided in lieu of
money; even if the award is called a grant;
2.1.2.2.3. Any award classified for security purposes; or
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2.1.2.2.4. Any award funded in whole or in part with Recovery funds, as defined
in section 1512 of the American Recovery and Reinvestment Act
(ARRA) of 2009 (Public Law 111-5).
2.1.3. "Contractor" means the party or parties to an Agreement funded, in whole or in part, with
Federal financial assistance, other than the Prime Recipient, and includes grantees,
subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting,
Contractor does not include Vendors.
2.1.4. "Data Universal Numbering System (DUNS) Number" means the nine -digit number
established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity.
Dun and Bradstreet's website may be found at: http://fedgov.dnb.com/webform.
2.1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart C;
2.1.5.1. A governmental organization, which is a State, local government, or Indian
Tribe;
2.1.5.2. A foreign public entity;
2.1.5.3. A domestic or foreign non-profit organization;
2.1.5.4. A domestic or foreign for-profit organization; and
2.1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a
non -Federal entity.
2.1.6. "Executive" means an officer, managing partner or any other employee in a management
position.
2.1.7. "Federal Award Identification Number (FAIN)" means an Award number assigned by a
Federal agency to a Prime Recipient.
2.1.8. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a Prime
Recipient as described in 2 CFR §200.37
2.1.9. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is
referred to as the "Transparency Act."
2.1.10. "OMB" means the Executive Office of the President, Office of Management and Budget.
2.1.11. "Prime Recipient" means a Colorado State agency or institution of higher education that
receives an Award.
2.1.12. "Subaward" means an award by a Prime Recipient to a Subrecipient funded in whole or in
part by a Federal Award. The terms and conditions of the Federal Award flow down to the
Subaward unless the terms and conditions of the Federal Award specifically indicate
otherwise in accordance with 2 CFR §200.38. The term does not include payments to a
contractor or payments to an individual that is a beneficiary of a Federal program.
2.1.13. "Subrecipient" means a non -Federal Entity (or a Federal agency under an Award or Subaward
to a non -Federal Entity) receiving Federal funds through a Prime Recipient to support the
performance of the Federal project or program for which the Federal funds were awarded. A
Subrecipient is subject to the terms and conditions of the Federal Award to the Prime
Recipient, including program compliance requirements. The term "Subrecipient" includes and
may be referred to as Subgrantee. The term does not include an individual who is a
beneficiary of a federal program.
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2.1.14. "Subrecipient Parent DUNS Number" means the Subrecipient parent organization's 9 -digit
Data Universal Numbering System (DUNS) number that appears in the Subrecipient's System
for Award Management (SAM) profile, if applicable.
2.1.15. "Federal Provisions" means these Federal Provisions for Federally Funded Contracts, Grants,
and Purchase Orders subject to the Transparency Act and Uniform Guidance, as may be
revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency
or institutions of higher education.
2.1.16. "System for Award Management (SAM)" means the Federal repository into which an Entity
must enter the information required under the Transparency Act, which may be found at
http://www.sam.gov.
2.1.17. "Total Compensation" means the cash and noncash dollar value earned by an Executive
during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the
following:
2.1.17.1. Salary and bonus;
2.1.17.2. Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to the
fiscal year in accordance with the Statement of Financial Accounting Standards No.
123 (Revised 2005) (FAS 123R), Shared Based Payments;
2.1.17.3. 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;
2.1.17.4. Change in present value of defined benefit and actuarial pension plans;
2.1.17.5. Above -market earnings on deferred compensation which is not tax -qualified;
2.1.17.6. 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.
2.1.18. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act
also is referred to as FFATA.
2.1.19. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, which
supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars
A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up.
The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients
unless the Uniform Guidance or the terms and conditions of the Federal Award specifically
indicate otherwise.
2.1.20. "Vendor" means a dealer, distributor, merchant or other seller providing property or services
required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a
Subrecipient and is not subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
3. COMPLIANCE
3.1. Contractor shall comply with all applicable provisions of the Transparency Act, all applicable
provisions of the Uniform Guidance, and the regulations issued pursuant thereto, including but not
limited to these Federal Provisions. 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 may provide written notification to
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Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of
such revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING
SYSTEM (DUNS) REQUIREMENTS
4.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits
the final financial report required under the Award or receives final payment, whichever is later.
Contractor 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. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update
Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and
more frequently if required by changes in Contractor's information.
5. TOTAL COMPENSATION
5.1. Contractor 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 $25,000 or more; and
5.1.2. In the preceding fiscal year, Contractor received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts
and subcontracts and/or Federal financial assistance Awards or Subawards subject to
the Transparency Act; and
5.1.2.2. $25,000,000 or more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or Subawards
subject to the Transparency Act; and
5.1.3. 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. Contractor shall report data elements to SAM and to the Prime Recipient as required in this Exhibit if
Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall
be made to Contractor for providing any reports required under these Federal Provisions and the cost
of producing such reports shall be included in the Agreement price. The reporting requirements in
this Exhibit are based on guidance from the US Office of Management and Budget (OMB), and as
such are subject to change at any time by OMB. Any such changes shall be automatically
incorporated into this Agreement and shall become part of Contractor's obligations under this
Agreement.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is
$25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in
a total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the
Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de -
obligated such that the total award amount falls below $25,000, the Award shall continue to be subject
to the reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by the Prime Recipient as
of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years
beginning on or after December 26, 2014.
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8. SUBRECIPIENT REPORTING REQUIREMENTS
8.1. If Contractor is a Subrecipient, Contractor shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in
SAM for each Federal Award Identification Number no later than the end of the month
following the month in which the Subaward was made:
8.1.1.1. Subrecipient DUNS Number;
8.1.1.2. Subrecipient DUNS Number + 4 if more than one electronic funds transfer
(EFT) account;
8.1.1.3. Subrecipient Parent DUNS Number;
8.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip + 4,
and Congressional District;
8.1.1.5. Subrecipient's top five most highly compensated Executives if the criteria in §4
above are met; and
8.1.1.6. Subrecipient's Total Compensation of top five most highly compensated
Executives if criteria in §4 above met.
8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective
date of the Agreement, the following data elements:
8.1.2.1. Subrecipient's DUNS Number as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address, City,
State, Country, Zip code + 4, and Congressional District.
9. PROCUREMENT STANDARDS
9.1. Procurement Procedures. A Subrecepient shall use its own documented procurement procedures
which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements
conform to applicable Federal law and the standards identified in the Uniform Guidance, including
without limitation, §§200.318 through 200.326 thereof.
9.2. Procurement of Recovered Materials. If a Subrecepient 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 the Prime Recipient and auditors to have access to Subrecipient's records
and financial statements as necessary for the Prime Recipient to meet the requirements of §200.331
(Requirements for pass -through entities), §§200.300 (Statutory and national policy requirements)
through 200.309 (Period of performance), and Subpart F -Audit Requirements of the Uniform
Guidance. 2 CFR §200.331(a)(5).
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
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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 §200.514 (Scope of audit), except when it elects to have a program -specific audit
conducted in accordance with §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 the Prime
Recipient and the Prime Recipient approves in advance a program -specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal
year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as
noted in 2 CFR §200.503 (Relation to other audit requirements), but records shall be available
for review or audit by appropriate officials of the Federal agency, the State, and the
Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange
for the audit required by Part 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 Uniform Guidance §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 Part F -Audit Requirements.
12. CONTRACT PROVISIONS FOR SUBRECEPIENT CONTRACTS
12.1. If Contractor is a Subrecipient, then it shall comply with and shall include all of the following
applicable provisions in all subcontracts entered into by it pursuant to this Agreement.
12.1.1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.
12.1.1.1. During the performance of this contract, the contractor agrees as follows:
12.1.1.1.1.
Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin.
The contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination
clause.
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12.1.1.1.2. Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
12.1.1.1.3. Contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract
or understanding, a notice to be provided by the agency contracting
officer, advising the labor union or workers' representative of the
contractor's commitments under section 202 of Executive Order 11246
of September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment.
12.1.1.1.4. Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
12.1.1.1.5. Contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
12.1.1.1.6. In the event of Contractor's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders,
this contract may be canceled, terminated or suspended in whole or in
part and the contractor may be declared ineligible for further
Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
12.1.1.1.7. Contractor will include the provisions of subparagraphs (1) through (7)
in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any subcontract or
purchase order as may be directed by the Secretary of Labor as a means
of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event Contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a
result of such direction, the Contractor may request the United States to
enter into such litigation to protect the interests of the United States."
12.1.2. Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000 awarded by
non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40
U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29
CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors must be
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required to pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition, contractors
must be required to pay wages not less than once a week. The non -Federal entity must place a
copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non -Federal entity must report all suspected or
reported violations to the Federal awarding agency. The contracts must also include a
provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non -Federal entity must report all suspected or reported
violations to the Federal awarding agency.
12.1.3. Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and Subrecipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," Subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000
must contain a provision that requires the non -Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of
the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2
CFR 180.220) must not be made to parties listed on the government wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM exclusions contain 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 contract, grant or any other award covered
by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded
from tier to tier up to the non -Federal award.
13. CERTIFICATION
13.1. Unless prohibited by Federal statutes or regulations, the Prime Recipient may require Subrecipient to
submit certifications and representations required by Federal statutes or regulations on an annual
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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 Contractor with gross income from all sources of less than $300,000 in the previous tax year is
exempt from the requirements to report Subawards and the Total Compensation of its most highly
compensated Executives.
14.3. There are no Transparency Act reporting requirements for Vendors.
15. EVENT OF DEFAULT
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the
Agreement and the State of Colorado may terminate the Agreement 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 Agreement, at law or in equity.
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EXHIBIT B - SCOPE OF PROJECT (SOP)
1. PURPOSE
1.1. Community Services Block Grant. Weld County ("Grantee"), itself or through subawards, shall
provide assistance or services from the following list of Federal Objective(s) for the Community
Services Block Grant (CSBG) program
® Employment
❑ Education and Cognitive Development
❑ Income, Infrastructure, and Asset Building
® Housing
® Health and Social/Behavioral Development (includes Nutrition)
❑ Civic Engagement and Community Involvement
® Services Supporting Multiple Domains
❑ Linkages (e.g. partnerships that support multiple domains)
® Agency Capacity Building
® Other (e.g. emergency management/disaster relief)
2. DESCRIPTION OF THE PROJECT(S) AND WORK
2.1. Project Description. The Project consists of providing programs and services to address poverty in
Colorado.
2.2. Service Area. The performance of the Work described within this Grant shall be located in Weld
County, Colorado.
3. DEFINITIONS
All terms not defined in this Exhibit B shall have the meaning given in the main body of the Grant.
3.1. "Administrative Costs" means costs that are incurred for common objectives that benefit multiple
programs administered by the grantee organization, or the organization as a whole, and as such are not
readily assignable to a particular program funding stream.
3.2. "Direct Costs" means costs that can be specifically identified with delivery of a particular project,
service, or activity undertaken by a grantee to achieve an outcome intended by the funding program. .
3.3. "De minimis" means an alternative method of calculating an indirect rate. It permits any non -Federal
entity that has never received a federally negotiated indirect cost rate, except for those non -Federal
entities described in Appendix VII to Part 200 -States and Local Government and Indian Tribe
Indirect Cost Proposals, paragraph D.1.b, to elect to charge a de minimis rate of 10% of modified total
direct costs (MTDC).
3.4. "Indirect Cost Rate" means a device for determining in a reasonable manner the proportion of indirect
costs each program should bear. It is the ratio (expressed as a percentage) of the indirect costs to a
direct cost base.
3.5. "Direct Personnel and Fringe Benefits" means personnel compensation and fringe benefits for
employees of the Grantee as allowed and described in Sections 430-431 of Title 2 - Part 200 of the
Code of Federal Regulations
3.6. "Direct Operating — Travel and Training" means costs that are associated travel, training, and agency
capacity building, including but not limited to, conference registration fees, mileage costs for Grantee
employees, and airline fares.
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3.7. "Direct Operating — Supplies" means all tangible property less than $5,000 or the capitalization level
established by the Grantee for financial statement purposes, as defined in Section 94 of Title 2 - Part
200 of the Code of Federal Regulations. This excludes goods or services purchased for clients.
3.8. "Direct Operating — Facilities and Administration" means costs including, rent, utilities, IT costs,
maintenance costs, and other costs necessary for the operations of the grant.
3.9. "Direct Services" means programs or services provided by the Grantee directly to clients
3.10. "Subrecipients/Subcontractors" means subawards or contracts from the Grantee to a separate entity to
carry out a part of a Federal program or for property or services.
4. PROJECT BUDGET
4.1. The State's obligation is limited to the unpaid obligated Grant Funds amount that have not expired.
The Grantee may use such Grant Funds for any of the Services specified in this Project Budget up to
the maximum amount specified for such activity on this Project Budget:
4.1.1. Initial Award
Funding Type
Budget
Line
FFY (specify expiration date)
Amount
Formulaic
1
Program Year 2021 - FORM - (1/1/2021 - 9/30/2022)
$66,964
(CS2130)
Discretionary
TOTAL
$66,964
5. PAYMENT, FUNDING AND ELIGIBLE EXPENSES
5.1. The maximum amount payable under this Grant to Grantee by the State for Work performed is limited
solely to the amount specified in §7(A) as Total Grant Amount. Grantee agrees to expend Grant
Funds by the specified expiration date(s).
5.2. Payment Schedule. Grantee shall submit a request for reimbursement for grantee and all
subrecipients, at a minimum, on a quarterly basis. All requests shall be for eligible expenses, as
described in §5.5 below, and in accordance with §4 Project Budget, using the State -provided form and
accompanied by supporting documentation equal to 100% of reimbursement request.
5.3. Matching/Other Funds. Matching funds are not required for this Grant.
5.4. Indirect Cost Rate. (mark one)
❑ Federally negotiated rate
❑ De minimis (10%)
® No Indirect Cost Rate (grantee may cost allocate administrative costs/expenses)
5.5. Eligible Expenses. Expenses eligible for reimbursement under this Grant Award include the
following:
® Direct Personnel and Fringe Benefits
® Direct Operating — Travel and Training
❑ Direct Operating — Supplies
® Direct Operating — Facilities and Administration
® Direct Operating — Services (does not include subrecipients)
❑ Direct Operating — Other
❑ Subrecipients / Subcontractors
❑ Indirect Cost Rate — Federally Negotiated (documentation of rate MUST be provided)
❑ Indirect Cost Rate —10% de minimis rate
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6. PERSONNEL
6.1. Replacement. Grantee shall immediately notify the State if any personnel specified in §6 of this
Exhibit B cease to serve. If Grantee replaces its named personnel, it shall notify the State in writing of
the change, who the replacement is, and the effective date of the change.
6.2. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of
Jamie Ulrich, (ulrichii(&,,weld2ov.com), an employee or agent of Grantee, who is hereby designated
as the responsible administrator of this Project under this §6. If this person is an agent of the Grantee,
such person must have signature authority to bind the Grantee and must provide evidence of such
authority.
6.3. Other Personnel. NONE.
7. ADMINISTRATIVE REQUIREMENTS
7.1. Accounting. Grantee shall maintain properly segregated accounts of Grant Funds and other funds
associated with the Project and make those records available to the State upon request. All receipts
and expenditures associated with the Project shall be documented in a detailed and specific manner, in
accordance with the Project Description and Budget.
7.2. Applicant/Participant Privacy. Grantee must establish internal policies to protect the privacy of
applicants and participants. Paper records must be secured and access to records limited to
appropriate staff. Electronic records must also be protected with access limited to appropriate staff.
7.3. Fraud. The U.S. Government Accountability Office (GAO) maintains FraudNet, a system for
reporting allegations of fraud, waste and abuse under Federal grants and cooperative agreements. To
report the possible misuse of Federal funds, the e-mail address is fraudnet@gao.gov, the fax number
is 202-512-3086 and the mailing address is GAO, FraudNet, 441 G Street N.W., Washington, D.C.
20548.
7.4. Grant Modification. Any modifications of this Grant shall be in accordance with §18(D) of the Grant
Award Letter Terms and Conditions.
7.5. Compliance with CSBG Program Requirements. Grantee agrees to comply with all requirements
contained in the Community Services Block Grant Act and any subsequent amendment and/or
reauthorization, any and all program requirements mandated by the Federal Awarding Agency and/or
the State, and all requirements detailed in Exhibit A.
7.6. Reporting. Grantee shall submit the required reports to DOLA using the State -provided forms. A list
of the required reports, report templates, and due dates are posted to the DOLA CSBG Grantee
Resources Page (https://cdola.colorado.gov/funding-programs/community-services-block-
grant/community-services-block-grant-csbg-grantee). DOLA may withhold payment(s) if such reports
are not submitted timely.
7.7. Monitoring. The State shall monitor this Grant through review of submitted reports, sub -awards, and
other documents as necessary or may also conduct on -site monitoring of the Grantee and/or
Subrecipient, if applicable, to determine whether performance goals, administrative standards,
financial management and other requirements of the CSBG Act and this Grant have been met.
7.8. Subrecipient Monitoring. Grantee shall monitor Subrecipient(s) annually during the term of this
Grant. Documentation of monitoring results must be made available to the State upon request.
7.9. Mileage Reimbursement Protocol. Mileage reimbursements, when allowable, are capped at the per -
mile rate approved by the IRS at the time of travel.
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EXHIBIT C - FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant Award Letter 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 agreement or any
attachments or exhibits incorporated into and made a part of the agreement, the provisions
of these Federal Provisions shall control.
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. "Agreement" means the Grant Award Letter to which these Federal Provisions are
attached and includes all Award types in §2.1.2.1 of this Exhibit.
2.1.2. "Award" means an award of Federal financial assistance, and the agreement setting
forth the terms and conditions of that financial assistance, that a non -Federal Entity
receives or administers.
2.1.2.1. Awards may be in the form of:
2.1.2.1.1. Grants;
2.1.2.1.2. Contracts;
2.1.2.1.3. Cooperative agreements, which do not include cooperative research and
development agreements (CRDA) pursuant to the Federal Technology
Transfer Act of 1986, as amended (15 U.S.C. 3710);
2.1.2.1.4. Loans;
2.1.2.1.5. Loan Guarantees;
2.1.2.1.6. Subsidies;
2.1.2.1.7. Insurance;
2.1.2.1.8. Food commodities;
2.1.2.1.9. Direct appropriations;
2.1.2.1.10. Assessed and voluntary contributions; and
2.1.2.1.11. Other financial assistance transactions that authorize the expenditure of
Federal funds by non -Federal Entities.
2.1.2.1.12. Any other items specified by OMB in policy memoranda available at the
OMB website or other source posted by the OMB.
2.1.2.2. Award does not include:
2.1.2.2.1. Technical assistance, which provides services in lieu of money;
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2.1.2.2.2. A transfer of title to Federally -owned property provided in lieu of money;
even if the award is called a grant;
2.1.2.2.3. Any award classified for security purposes; or
2.1.2.2.4. Any award funded in whole or in part with Recovery funds, as defined in
section 1512 of the American Recovery and Reinvestment Act (ARRA) of
2009 (Public Law 111-5).
2.1.3. "Contractor" means the party or parties to an Agreement funded, in whole or in part,
with Federal financial assistance, other than the Prime Recipient, and includes grantees,
subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act
reporting, Contractor does not include Vendors.
2.1.4. "Data Universal Numbering System (DUNS) Number" means the nine -digit number
established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business
entity. Dun and Bradstreet's website may be found at: http://fedgov.dnb.com/webform.
2.1.5. "Entity" means all of the following as defined at 2 CFR part 25, subpart C:
2.1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
2.1.5.2. A foreign public entity;
2.1.5.3. A domestic or foreign non-profit organization;
2.1.5.4. A domestic or foreign for-profit organization; and
2.1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non -
Federal entity.
2.1.6. "Executive" means an officer, managing partner or any other employee in a
management position.
2.1.7. "Federal Award Identification Number (FAIN)" means an Award number assigned by
a Federal agency to a Prime Recipient.
2.1.8. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR §200.37
2.1.9. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282), as amended by §6202 of Public Law 110-252. FFATA, as
amended, also is referred to as the "Transparency Act."
2.1.10. "OMB" means the Executive Office of the President, Office of Management and
Budget.
2.1.11. "Prime Recipient" means a Colorado State agency or institution of higher education
that receives an Award.
2.1.12. "Subaward" means an award by a 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 Award unless the terms and conditions of the Federal Award specifically indicate
otherwise in accordance with 2 CFR §200.38. The term does not include payments to
a contractor or payments to an individual that is a beneficiary of a Federal program.
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2.1.13. "Subrecipient" means a non -Federal Entity (or a Federal agency under an Award or
Subaward to a non -Federal Entity) receiving Federal funds through a Prime Recipient
to support the performance of the Federal project or program for which the Federal
funds were awarded. A Subrecipient is subject to the terms and conditions of the
Federal Award to the Prime Recipient, including program compliance requirements.
The term "Subrecipient" includes and may be referred to as Subgrantee. The term does
not include an individual who is a beneficiary of a federal program.
2.1.14. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9 -
digit Data Universal Numbering System (DUNS) number that appears in the
subrecipient's System for Award Management (SAM) profile, if applicable.
2.1.15. "Federal Provisions" means these Federal Provisions for Federally Funded Contracts,
Grants, and Purchase Orders subject to the Transparency Act and Uniform Guidance,
as may be revised pursuant to ongoing guidance from the relevant Federal or State of
Colorado agency or institutions of higher education.
2.1.16. "System for Award Management (SAM)" means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may be
found at http://www.sam.gov.
2.1.17. "Total Compensation" means the cash and noncash dollar value earned by an Executive
during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the
following:
2.1.17.1. Salary and bonus;
2.1.17.2. Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to the
fiscal year in accordance with the Statement of Financial Accounting Standards
No. 123 (Revised 2005) (FAS 123R), Shared Based Payments;
2.1.17.3. 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;
2.1.17.4. Change in present value of defined benefit and actuarial pension plans;
2.1.17.5. Above -market earnings on deferred compensation which is not tax -qualified;
2.1.17.6. 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.
2.1.18. "Transparency Act" means the Federal Funding Accountability and Transparency Act
of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. The
Transparency Act also is referred to as FFATA.
2.1.19. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, which supersedes requirements from OMB Circulars A-21, A-87, A-110, and
A-122, OMB Circulars A-89, A-102, and A-133, and the guidance in Circular A-50 on
Single Audit Act follow-up. The terms and conditions of the Uniform Guidance flow
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down to Awards to Subrecipients unless the Uniform Guidance or the terms and
conditions of the Federal Award specifically indicate otherwise.
2.1.20. "Vendor" means a dealer, distributor, merchant or other seller providing property or
services required for a project or program funded by an Award. A Vendor is not a Prime
Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal
award. Program compliance requirements do not pass through to a Vendor.
3. COMPLIANCE.
3.1. Contractor shall comply with all applicable provisions of the Transparency Act, all
applicable provisions of the Uniform Guidance, and the regulations issued pursuant thereto,
including but not limited to these Federal Provisions. 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 may
provide written notification to Contractor of such revisions, but such notice shall not be a
condition precedent to the effectiveness of such revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL
NUMBERING SYSTEM (DUNS) REQUIREMENTS.
4.1. SAM. Contractor shall maintain the currency of its information in SAM until the
Contractor submits the final financial report required under the Award or receives final
payment, whichever is later. Contractor 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. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update
Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial
registration, and more frequently if required by changes in Contractor's information.
5. TOTAL COMPENSATION.
5.1. Contractor 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 $25,000 or more; and
5.1.2. In the preceding fiscal year, Contractor received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts
and subcontracts and/or Federal financial assistance Awards or Subawards
subject to the Transparency Act; and
5.1.2.2. $25,000,000 or more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.3. 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.
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6. REPORTING.
6.1. Contractor shall report data elements to SAM and to the Prime Recipient as required in this
Exhibit if Contractor is a Subrecipient for the Award pursuant to the Transparency Act.
No direct payment shall be made to Contractor for providing any reports required under
these Federal Provisions and the cost of producing such reports shall be included in the
Agreement price. The reporting requirements in this Exhibit are based on guidance from
the US Office of Management and Budget (OMB), and as such are subject to change at any
time by OMB. Any such changes shall be automatically incorporated into this Agreement
and shall become part of Contractor's obligations under this Agreement.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent
Award modifications result in a total Award of $25,000 or more, the Award is subject to
the reporting requirements as of the date the Award exceeds $25,000. If the initial Award
is $25,000 or more, but funding is subsequently de -obligated such that the total award
amount falls below $25,000, the Award shall continue to be subject to the reporting
requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to
audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. If Contractor is a Subrecipient, Contractor shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements
in SAM for each Federal Award Identification Number no later than the end of the
month following the month in which the Subaward was made:
8.1.1.1. Subrecipient DUNS Number;
8.1.1.2. Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT)
account;
8.1.1.3. Subrecipient Parent DUNS Number;
8.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip + 4,
and Congressional District;
8.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in §4
above are met; and
8.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated Executives
if criteria in §4 above met.
8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the
effective date of the Agreement, the following data elements:
8.1.2.1. Subrecipient's DUNS Number as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
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9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecepient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and regulations, provided
that the procurements conform to applicable Federal law and the standards identified in the
Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof.
9.2. Procurement of Recovered Materials. If a Subrecepient 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 Recipient and auditors to have access to Subrecipient's records
and financial statements as necessary for Recipient to meet the requirements of §200.331
(Requirements for pass -through entities), §§200.300 (Statutory and national policy
requirements) through 200.309 (Period of performance), and Subpart F -Audit
Requirements of the Uniform Guidance. 2 CFR §200.331(a)(5).
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 §200.514 (Scope of audit), except when it elects to have a program -
specific audit conducted in accordance with §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 C -- Page 6 of 10
DocuSign Envelope ID: 9DE58FF6-D2D2-4628-933E-2E43272167A0
CSBG-21-025 - CSBG44-Weld County 2021-2024
11.1.3. Subrecepient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Part 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 Uniform Guidance §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 Part F - Audit
Requirements.
12. CONTRACT PROVISIONS FOR SUBRECEPIENT CONTRACTS
12.1. If Contractor is a Subrecipient, then it shall comply with and shall include all of the
following applicable provisions in all subcontracts entered into by it pursuant to this
Agreement.
12.1.1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part
60, all contracts that meet the definition of "federally assisted construction contract" in
41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR
60-1.4(b), in accordance with Executive Order 11246, "Equal Employment
Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, "Amending Executive Order 11246 Relating to
Equal Employment Opportunity," and implementing regulations at 41 CFR part 60,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.
12.1.1.1. During the performance of this contract, the contractor agrees as follows:
12.1.1.1.1. Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the provisions
of this nondiscrimination clause.
12.1.1.1.2. Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to race, color,
religion, sex, or national origin.
12.1.1.1.3. Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representative of the contractor's
Exhibit C -- Page 7 of 10
DocuSign Envelope ID: 9DE58FF6-D2D2-462B-933E-2E43272167A0
CSBG-21-025 - CSBG44-Weld County 2021-2024
commitments under section 202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
12.1.1.1.4. Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
12.1.1.1.5. Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access
to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
12.1.1.1.6. In the event of Contractor's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and
the contractor may be declared ineligible for further Government contracts
in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
12.1.1.1.7. Contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action
with respect to any subcontract or purchase order as may be directed by the
Secretary of Labor as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that in the event
Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter into such litigation to protect the interests
of the United States."
12.1.2. Davis -Bacon Act. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When
required by Federal program legislation, all prime construction contracts in excess of
$2,000 awarded by non -Federal entities must include a provision for compliance with
the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In
accordance with the statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition, contractors must be required to pay wages
not less than once a week. The non -Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation.
Exhibit C -- Page 8 of 10
DocuSign Envelope ID: 9DE58FF6-D2D2-4628-933E-2E43272167A0
CSBG-21-025 - CSBG44-Weld County 2021-2024
The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non -Federal entity must report all suspected
or reported violations to the Federal awarding agency. The contracts must also include
a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145),
as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States"). The Act provides that each contractor or
Subrecipient must be prohibited from inducing, by any means, any person employed in
the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non -Federal entity must
report all suspected or reported violations to the Federal awarding agency.
12.1.3. Rights to Inventions Made Under a Contract or Agreement. If the Federal Award
meets the definition of"funding agreement" under 37 CFR §401.2 (a) and Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," Subrecipient must
comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by
the awarding agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non -Federal award to
agree to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency
(EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
12.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee
of a member of Congress in connection with obtaining any Federal contract, grant or
any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying
with non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the non -Federal award.
Exhibit C -- Page 9 of 10
DocuSign Envelope ID: 9DE58FF6-D2D2-462B-933E-2E43272167A0
CSBG-21-025 - CSBG44-Weld County 2021-2024
13. CERTIFICATIONS.
13.1. Unless prohibited by Federal statutes or regulations, 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 Contractor with gross income from all sources of less than $300,000 in the previous tax
year is exempt from the requirements to report Subawards and the Total Compensation of
its most highly compensated Executives.
14.3. There are no Transparency Act reporting requirements for Vendors.
15. EVENT OF DEFAULT.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under
the Agreement and the State of Colorado may terminate the Agreement 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 Agreement, at law or in equity.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Exhibit C -- Page 10 of 10
DocuSign Envelope ID: 9DE58FF6-D2D2-462B-933E-2E43272167A0
CSBG-21-025 - CSBG44-Weld County 2021-2024
OPTION LETTER #Insert # Here
SIGNATURE AND COVER PAGE
State
Department
Agency
of
Local
Affairs
DLG
Insert
number
Number
DLG
for
this
encumbrance
Project
Option
Number
Insert
Amendment
CMS
Letter
CMS
number
for
this
Grantee
Previous
Insert
CMS
CMS
number
#(s)
for orig Agreement, and any
prior
chg
Insert
Grantee's Full
Legal
Name
docs
Project
Insert
DOLA's
Number
and
project
Name
number
and name
Grant
Initial
Amount
Award:
$Insert
orig award
amt
Option
Letter ## and
date
effective/spendable:
$0.00
Option
Letter
date
effective/spendable:
$0.00
## and
Total
Grant
Amount: $Insert
total
award to
date
DOLA
CSBG Program
Manager
Prior Grant
Agreement
Current
Grant
Agreement
Alex
alex.verciostate.co.us
Vercio,
(303)
864-8431
Expiration
Month
Day,
Date
Year
Expiration
Month
Date
Day, Year
THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER
Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this
Option Letter and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis GOVERNOR
Colorado Department of Local Affairs
By:
Rick M. Garcia, Executive Director
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State contracts. This Option Letter is not valid until signed and
dated below by the State Controller or delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Yingtse Cha, Controller Delegate
Effective Date:
Page 1 of 2
DocuSign Envelope ID: 9DE58FF6-D2D2-462B-933E-2E43272167A0
CSBG-21-025 - CSBG44-Weld County 2021-2024
1) OPTIONS: Choose all applicable options listed in §1 and in §2
❑ a. Option to extend (use this option for Extension of Time)
❑ b. Change in the maximum Grant Funds dollar amount within current term (use this option for an
Increase or Decrease in Grant Funds, including Supplemental funding awards)
2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below:
a. For use with Option 1(a): In accordance with Section 2(A) of the original Grant Award Letter Terms and
Conditions between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and
Grantee's Name, the State hereby exercises its option for an additional term beginning Insert start date and
ending on Insert ending date.
b. For use with Option 1(b): In accordance with Section 7(A) of the original Grant Award Letter Terms and
Conditions between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and
Grantee's Name, the State hereby exercises its option to increase/decrease Grant Funds awarded for this Project in
an amount equal to amt of increase or (decrease), from beginning dollar amt to ending dollar amt. The Total
Grant Amount in the Summary of Grant Award Terms and Conditions is hereby changed to ending dollar amt.
The Budget table(s) in Section 4 of Exhibit B are modified with the addition of the following:
4.1.2. Option Letter #1
Funding
Type
Budget
Line
#
FFY (specify
expiration
date)
Amount
Formulaic
5
FORM
- OL#4
(10/1/18
- 9/30/20)
$000
$0
OL#4
(CS1901)
Discretionary
$0
TOTAL
$ 0.00
3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or _, whichever
is later.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 2of2
DocuSign Envelope ID: 9DE58FF6-D2D2-462&933E-2E43272167A0
CSBG-21-025 - CSBG44-Weld County 2021-2024
FORM 2 - Federal Funding Accountability and Transparency Act (FFATA)
Data Report Form
Reporting is required for initial awards of $25,000 or more
or award modifications that result in a total award of $25,000 or more.
Information Field
Definitions can be found in Exhibit C
Response
1.
Grantee DUNS Number:
2.
Grantee's Legal Name:
3. Grantee's Parent DUNS Number:
(Report ONLY if different from Grantee DUNS number)
4.
Location of Grantee Receiving Award:
(Full street address, including City, State and Zip+4)
5.
6.
Primary Location of Performance of the Award:
(City, State and Zip+4)
In the preceding fiscal year, Grantee received:
a. $25,000,000 or more in annual gross revenues from
federal procurement contracts/subcontracts and/or federal
financial assistance awards or sub -awards subject to the
Transparency Act.
Answer True or False
b. 80% or more of its annual gross revenues from federal
procurement contracts/subcontracts and/or federal
financial assistance awards or sub -awards subject to the
Transparency Act.
c. The public does not have access to information about the
compensation of its five most highly compensated
Executives through periodic reports filed through the
Securities Exchange Act of 1934 or the IRS.
An answer to question 7 is required ONLY when all answers to questions 6 are true.
7. Names and total compensation of the five (5) most highly compensated Executives for the preceding fiscal year:
Print Name Compensation Amount
By signing below, I certify the information contained in this report is complete and accurate to the best of my
knowledge.
Signature of Responsible Administrator Date
Form 2 - Page 1 of 1
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