HomeMy WebLinkAbout2024-099-08/20/2024-AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE STATE OF COLORADO REGARDING THRESOLUTION 2024-099
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT
AGREEMENT WITH THE STATE OF COLORADO REGARDING
THE POUDRE WATER SUPPLY INFRASTRUCTURE WILDFIRE
READY ACTION PLAN
A.The City owns and operates a water utility that provides water service to
customers within its water service area.The Cache Ia Poudre River provides a key
source of water for the City and its water utility.Water in the Cache Ia Poudre River
originates in various watersheds,including several watersheds near Cameron Pass,
namely the Joe Wright Creek Watershed,Peterson Lake Watershed,and Upper Michigan
River Watershed (collectively,‘Watersheds”).
B.The Cache Ia Poudre River and these Watersheds also provide key sources
of water for the City of Greeley (“Greeley”)and the Water Supply and Storage Company
(‘WSSC”).
C.Water supplies and infrastructure in the Watersheds face various
challenges,including risks associated with wildfires.Protecting water supplies and
infrastructure within the Watersheds is a high priority for the City,Greeley,and WSSC to,
among other things,ensure all current and future water demands are met,and to continue
providing their communities,customers,and shareholders with reliable,safe,and high-
quality water.
D.The State of Colorado,through the Colorado Water Conservation Board
(“CWCB”),has a program to assist in the development of wildfire ready watershed action
plans,including via grant funding.Such plans are generally intended to help stakeholders
develop actionable plans to address the impacts from wildfires through actions that may
be taken both before and after wildfires.
E.The City,Greeley,and WSSC desire to develop a wildfire ready watershed
action plan for the Watersheds (“Plan”).Accordingly,pursuant to Resolution 2024-066,
they have entered into the Agreement Regarding a Wildfire Ready Watershed Action Plan
for the Joe Wright Creek,Peterson Lake,and Upper Michigan River Watersheds,dated
May21,2024,the purpose of which is to coordinate their joint efforts related to developing
the Plan,including funding a consultant to assist with the development of the Plan.
F.The City has been awarded $209,688 from the State of Colorado,acting
through the Colorado Water Conservation Board and its Wildfire Ready Watershed Grant
Program to develop the Plan.The proposed grant agreement is attached as Exhibit “A”
(“Agreement”).
G.As presented in the Budget,Exhibit C,to the Agreement,the City is required
to contribute in matching funds to accept the grant.The appropriation for said grant is
addressed in Ordinance No.121,2024.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that,contingent upon final adoption of Ordinance No.121,2024,and it
going into effect,the City Manager is hereby authorized to execute an Agreement
substantially in the form of Exhibit “A”,with such additional terms and conditions as the
City Manager,in consultation with the City Attorney,determines to be necessary and
appropriate to protect the interests of the City or effectuate the purposes of this
Resolution.
Passed and adopted on August 20,2024.
Mayor Pro T~Th~
ATTEST:
ityC k
Effective Date:August 20,2024
Approving Attorney:Eiic Potyondy
EXHIBIT A TO RESOLUTION 2024-099
State of Colorado
Intergovernmental Grant Agreement for SLFRF
COVER PAGE
Agreement Maximum Amount
Total for All State Fiscal Years $209,688.00
State Agency Agreement Number
Department of Natural Resources (DNR)CMS#191508
Colorado Water Conservation Board (CWCB)CTGGI 2024*4110
1313 Sherman St#718
Denver CO,80203
Grantee Agreement Performance Beginning Date
City of Fort Collins The Effective Date
Initial Agreement Expiration Date
Grantee UEI December 30,2026
VEJ3BSSGKSGI ___________________________________________
Fund Expenditure End Date
December 30,2026
Agreement Authority
HB 22-1379 (Using American Rescue Plan Act finds
through the Colorado Watershed Restoration Program,
which will focus on the development of Wildfire Ready
Watershed action plans and implementation of projects
designed to mitigate post wildfire impacts.)
Agreement Purpose
The goal of this project is to implement a Wildfire Ready Watersheds (WRW)study and develop a Wildfire Ready Action Plan
(WRAP)to address the susceptibility of critical water supplies and infrastructure in the Upper Cache Ia Poudre and North
Platte watersheds to post-wildfire impacts and hazards.The WRW study and WRAP will focus on the combined Joe Wright
Creek,Peterson Lake,and Headwaters Michigan River watersheds that encompass the Michigan Ditch,Joe Wright Reservoir,
Chambers Lake,Barnes Meadow Reservoir,and Peterson Lake.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1.Exhibit A,Statement of Work.
2.Exhibit B,Sample Option Letter.
3.Exhibit C,Budget.
4.Exhibit D,Federal Provisions.
5.Exhibit E,Agreement with Subrecipient of Federal Recovery Funds
6.Exhibit F,SLFRF Subrecipient Quarterly Report
7.Exhibit G,SLFRF Reporting Modification Form
8.Exhibit H,P11 Certification
9.Exhibit I,HIPAA BAA
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment,such conflict or
inconsistency shall be resolved by reference to the documents in the following order of priority:
1.Exhibit I,HIPAA BAA
2.Exhibit D,Federal Provisions
3.Exhibit E,Agreement with Subrecipient of Federal Recovery Funds
4.Colorado Special Provisions in §17 of the main body of this Agreement.
5.The provisions of the other sections of the main body of this Agreement.
6.Exhibit A,Statement of Work.
7.Exhibit H,P11 Certification
8.Exhibit B,Sample Option Letter.
9.Exhibit C,Budget.
10.Exhibit F,SLFRF Subrecipient Quarterly Report
11.Exhibit G,SLFRF Reporting Modification Form
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EXHIBIT A TO RESOLUTION 2024-099
Principal Representatives
For the State:For Grantee:
Andrea Harbin-Monahan Jared Heath
Colorado Water Conservation Board City of Fort Collins
1313 Sherman Ave 4316W.Laporte Ave
Room 718 Fort Collins,CO 80521
Denver,CO 80203
andrea.harbinmonahan@state.c..us jheath(l~fcgov.c.m
FEDERAL AWARD(S)APPLICABLE TO THIS GRANT AWARD
Federal Awardin Office US De artnient of the Treas
Grant Pro Coronavirus State and Local Fiscal Recov Funds
Assistance Listin Number 21.027
Federal Award Number SLFRPOI26
FederalAwardDate*Ma 18 2021
Federal Award End Date December 31,2024A
Apendin Final Rule b U.S.Treas
Federal Statuto Authori Title VI of the Social Securi Ac Section 602
Total Amount of Federal Award (this is not the
amount of this t a cement $3 828 761 790
*Funds may not be available through the Federal Award End Date subject to the provisions in §2 and §5 below.
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EXHIBIT A TO RESOLUTION 2024-099
SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
GRANTEE STATE OF COLORADO
City of Fort Collins Jared S.Polis,Governor
Colorado Department of Natural Resources
Dan Gibbs,Executive Director
Colorado Water Conservation Board
By:By:
Date:Date:
2nd State or Grantee Signature if Needed LEGAL REVIEW
Philip 3.Weiser,Attorney General
By:_______________________________________
By:Assistant Attorney General
Date:Date:
In accordance with §24-30-202,C.ItS.,this Grant is not valid until signed and dated below by the State Controller or an
authorized delegate.
By:
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
Effective Date:
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EXHIBIT A TO RESOLUTION 2024-099
GRANT
As of the Grant Issuance Date,the State Agency shown on the first page of this Intergovernmental
Grant Agreement (the “State”)hereby obligates and awards to Grantee shown on the first page of
this Intergovernmental Grant Agreement (the “Grantee”)an award of Grant Funds in the amounts
shown on the first page of this Intergovermnental Grant Agreement .By accepting the Grant Funds
provided under this Intergovernmental Grant Agreement,Grantee agrees to comply with the terms
and conditions of this Intergovermnental Grant Agreement and requirements and provisions of all
Exhibits to this Intergovernmental Grant Agreement.
2.TERM
A.Initial Grant Term and Extension
The Parties’respective performances under this Intergovernmental Grant Agreement shall
conunence on the Grant Issuance Date and shall terminate on the Grant Expiration Date
unless sooner terminated or further extended in accordance with the terms of this
Intergovernmental Grant Agreement.Upon request of Grantee,the State may,in its sole
discretion,extend the term of this Intergovernmental Grant Agreement by providing Grantee
with an updated Intergovernmental Grant Agreement showing the new Grant Expiration
Date.
B.Early Termination in the Public Interest
The State is entering into this Intergovernmental Grant Agreement to serve the public interest
of the State of Colorado as determined by its Governor,General Assembly,or Courts.If this
Intergovernmental Grant Agreement ceases to further the public interest of the State or if
State,Federal or other funds used for this Intergovernmental Grant Agreement are not
appropriated,or otherwise become unavailable to fund this Intergovenunental Grant
Agreement,the State,in its discretion,may terminate this Intergovernmental Grant
Agreement in whole or in part by providing written notice to Grantee that includes,to the
extent practicable,the public interest justification for the termination.If the State terminates
this Intergovernmental Grant Agreement in the public interest,the State shall pay Grantee an
amount equal to the percentage of the total reimbursement payable under this
Intergovernmental Grant Agreement 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 Intergovernmental Grant Agreement
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 Intergovernmental Grant Agreement 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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EXHIBIT A TO RESOLUTION 2024-099
3.DEFINITIONS
The following terms shall be construed and interpreted as follows:
A.“Budget”means the budget for the Work described in Exhibit C.
B.“Business Day”means any day in 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.“CORK’means the Colorado Open Records Act,§~24-72-20O.1,et seq.,C.R.S.
E.“Grant Expiration Date”means the Grant Expiration Date shown on the first page of this
Intergovernmental Grant Agreement.
F.“Grant Funds”means the funds that have been appropriated,designated,encumbered,or
otherwise made available for payment by the State under this Intergovernmental Grant
Agreement.
G.“Grant Issuance Date”means the Grant Issuance Date shown on the first page of this
Intergovernmental Grant Agreement.
H.“Exhibits”exhibits and attachments included with this Grant as shown on the first page of
this Grant
I.“Extension Term”means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Intergovernmental Grant Agreement
J.“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.
K.“Federal Awarding Agency”means a Federal agency providing a Federal Award to a
Recipient.The US Department of the Treasury (USDT)is the Federal Awarding Agency for
the Federal Award which is the subject of this Grant.
L.“Goods”means any movable material acquired,produced,or delivered by Grantee as set
forth in this Intergovenunental Grant Agreement and shall include any movable material
acquired,produced,or delivered by Grantee in connection with the Services.
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 Grant Issuance Date and the Grant
Expiration Date.
0.“Intergovernmental Grant Agreement”means this Agreement 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.
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EXHIBIT A TO RESOLUTION 2024-099
P.“Matching Funds”means the funds provided Grantee as a match required to receive the
Grant Funds.
Q.“Party”means the State or Grantee,and “Parties”means both the State and Grantee.
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.“P11”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.P11 includes,but is not limited to,all information defined as personally
identifiable information in §~24-72-501 and 24-73-101,C.R.S.“P11”shall also mean
“personal identifying information”as set forth at §24-74-102,et.seq.,C.R.S.
T.“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.
U.“Recipient”means the State Agency shown on the first page of this Intergovernmental Grant
Agreement,for the purposes of the Federal Award.
V.“Services”means the services to be performed by Grantee as set forth in this
Intergovernmental Grant Agreement,and shall include any services to be rendered by
Grantee in connection with the Goods.
W.“State Confidential Information”means any and all State Records not subject to disclosure
under CORP..State Confidential Information shall include,but is not limited to,P11,Pm,
PCI,Tax Information,CJI,and State personnel records not subject to disclosure under
CORA.State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State,which has
been communicated,furnished,or disclosed by the State to Contractor which (i)is subject to
disclosure pursuant to CORA;(ii)is already known to Contractor without restrictions at the
time of its disclosure to Contractor;(iii)is or subsequently becomes publicly available
without breach of any obligation owed by Contractor to the State;(iv)is disclosed to
Contractor,without confidentiality obligations,by a third party who has the right to disclose
such information;or (v)was independently developed without reliance on any State
Confidential Information.
X.“State Fiscal Rules”means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a),C.R.S.
Y.“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.
Z.“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 CORk
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EXHIBIT A TO RESOLUTION 2024-099
AS “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.
BB.“Subcontractor”means third-parties,if any,engaged by Grantee to aid in performance of
the Work.“Subcontractor”also includes sub-grantees.
CC.“Subrecipient”means a state,local government,Indian tribe,institution of higher education
(NE),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.For
SLFRF Grants,a subrecipient relationship continues to exist for Expenditure Category 6.1
Revenue Replacement.
DD.“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.
EE.“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 0MB
Circulars A-21,A-87,A-i 10,A-122,A-89,A-i02,and A-133,and the guidance in Circular
A-SO on Single Audit Act follow-up.
FF.“Work”means the delivery of the Goods and performance of the Services described in this
Intergovernmental Grant Agreement.
GG.“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 Grant Issuance Date
that is used,without modification,in the performance of the Work.
Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall
be construed and interpreted as defined in that Exhibit.
4.STATEMENT OF WORK
Grantee shall complete the Work as described in this Intergovernmental Gran Agreement and in
accordance with the provisions of Exhibit A &C.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 Intergovernmental Grant Agreement.
5.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 Grant Amount for
each State Fiscal Year shown on the first page of this Intergovernmental Grant Agreement.
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
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EXHIBIT A TO RESOLUTION 2024-099
State shall not be liable to pay or reimburse Grantee for any Work performed or expense
incurred before the Grant Issuance Date or after the Grant Expiration Date;provided,
however,that Work performed and expenses incurred by Grantee before the Grant Issuance
Date that are chargeable to an active Federal Award may be submitted for reimbursement as
permitted by the terms of the Federal Award.
B.Federal Recovery
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.Matching Funds
Grantee shall provide the Local Match Amount shown on the first page of this
Intergovernmental Grant Agreement and described in Exhibit C (the “Local Match
Amount”).Grantee shall appropriate and allocate all Local Match Amounts to the purpose of
this Intergovernmental Grant Agreement each fiscal year prior to accepting any Grant Funds
for that fiscal year.Grantee does not by accepting this Intergovernmental Grant Agreement
irrevocably pledge present cash reserves for payments in ffiture fiscal years,and this
Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year debt of
Grantee.Grantee shall not pay or be liable for any claimed interest late charges,fees,taxes
or penalties of any nature,except as required by Grantee’s laws or policies.
D.Reimbursement of Grantee Costs
The State shall reimburse Grantee’s allowable costs,not exceeding the maximum total
amount described in this Intergovernmental Grant Agreement for all allowable costs
described in this Intergovernmental Grant Agreement and shown in the Budget,except that
Grantee may adjust the amounts between each line item of the Budget without formal
modification to this Agreement with written approval from the State.The change shall not
modify the total maximum amount of this Intergovernmental Grant Agreement,the
maximum amount for any State fiscal year,or modify any requirements of the Work.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).
E.Close-Out
Grantee shall close out this Grant within 45 days after the Grant Expiration Date.To complete
close out,Grantee shall submit to the State all deliverables (including documentation)as
defined in this Intergovernmental Grant Agreement and Grantee’s fmal reimbursement
request or invoice.The State will withhold 5%of allowable costs until all final documentation
has been submitted and accepted by the State as substantially complete.If the Federal
Awarding Agency has not closed this Federal Award within 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.
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EXHIBIT A TO RESOLUTION 2024-099
6.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 §5.E,containing an evaluation and review of Grantee’s
performance and the final status of Grantee’s obligations hereunder.
B.Violations Reporting
Grantee shall disclose,in a timely manner,in writing to the State and the Federal Awarding
Agency,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.
7.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 five 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 Intergovernmental
Grant Agreement 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 have the right,in its sole discretion,to change its
monitoring procedures and requirements at any time during the term of this Agreement.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.Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee’s records that relates to or affects this Grant or the Work,whether the
audit is conducted by Grantee or a third party.Additionally,if Grantee is required to perform
a single audit under 2 CFR 200.501,et seq.,then Grantee shall submit a copy of the results
of that audit to the State within the same timelines as the submission to the federal
government.
8.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,
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EXHIBIT A TO RESOLUTION 2024-099
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
Intergovermnental Grant Agreement.Grantee shall provide for the security of all State
Confidential Information in accordance with all policies promulgated by the Colorado Office
of Information Security and all applicable laws,rules,policies,publications,and guidelines.
If Grantee or any of its Subcontractors will or may receive the following types of data,
Grantee or its Subcontractors shall provide for the security of such data according to the
following:(I)the most recently promulgated IRS Publication 1075 for all Tax Information
and in accordance with the Safeguarding Requirements for Federal Tax Information attached
to this Grant as an Exhibit,if applicable,(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 CM,and (iv)the federal Health Insurance
Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement
attached to this Grant,if applicable.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 Intergovernmental Grant Agreement.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 certi&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 notif3’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 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.
E.Safeguarding P11
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If Grantee or any of its Subcontractors will or may receive P11 under this Agreement,Grantee
shall provide for the security of such P11,in a manner and form acceptable to the State,
including,without limitation,State non-disclosure requirements,use of appropriate
technology,security practices,computer access security,data access security,data storage
encryption,data transmission encryption,security inspections,and audits.Grantee shall be a
“Third-Party Service Provider”as defined in §24-73-103(1)(i),C.R.S.and shall maintain
security procedures and practices consistent with §~24-73-1O1 et seq.,C.R.S.In addition,as
set forth in §24-74-102,et.seq.,C.R.S.,Contractor,including,but not limited to,
Contractor’s employees,agents and Subcontractors,agrees not to share any P11 with any third
parties for the purpose of investigating for,participating in,cooperating with,or assisting
with Federal immigration enforcement.If Contractor is given direct access to any State
databases containing PIT,Contractor shall execute,on behalf of itself and its employees,the
certification attached hereto as Exhibit H on an annual basis Contractor’s duty and obligation
to certify as set forth in Exhibit H shall continue as long as Contractor has direct access to
any State databases containing P11.If Contractor uses any Subcontractors to perform services
requiring direct access to State databases containing P11,the Contractor shall require such
Subcontractors to execute and deliver the certification to the State on an annual basis,so long
as the Subcontractor has access to State databases containing P11.
9.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.Grantee acknowledges that all State employees are subject to the ethical
principles described in §24-18-105,C.R.S.Grantee further acknowledges that State employees
may be subject to the requirements of §24-18-105,C.R.S.with regard to this Grant.
10.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.
11.REMEDIES
In addition to any remedies available under any exhibit to this Intergovernmental Grant Agreement,
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
Intergovernmental Grant Agreement 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.
12.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
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EXHIBIT A TO RESOLUTION 2024-099
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.
13.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 Intergovernmental Grant Agreement 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 §13.
14.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 Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
15.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 Colorado Governmental Immunity Act,§24-10-
101,et seq.,C.R.S.;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 Contract shall be construed or interpreted as a waiver,express or implied,of any of the
immunities,rights,benefits,protections,or other provisions,contained in these statutes.
16.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 Intergovernmental
Grant Agreement.
B.Captions and References
The captions and headings in this Intergovernmental Grant Agreement are for convenience
of reference only,and shall not be used to interpret,define,or limit its provisions.All
references in this Intergovernmental Grant Agreement 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 Intergovernmental Grant Agreement 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 Intergovernmental
Grant Agreement.
D.Modification
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EXHIBIT A TO RESOLUTION 2024-099
The State may modi1~’the terms and conditions of this Grant by issuance of an updated
Intergovernmental Grant Agreement,which shall be effective if Grantee accepts Grant Funds
following receipt of the updated 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 Intergovernmental Grant Agreement 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 Grant Issuance 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.
F.Digital Signatures
If any signatory signs this agreement 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 Contract by reference.
G.Severability
The invalidity or unenforceability of any provision of this Intergovernmental Grant
Agreement shall not affect the validity or enforceability of any other provision of this
Intergovernmental Grant Agreement,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 Intergovernmental Grant Agreement Terms
Any provision of this Intergovernmental Grant Agreement 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.
Third Party Beneficiaries
Except for the Parties’respective successors and assigns described above,this
Intergovernmental Grant Agreement 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.
3.Waiver
A Party’s failure or delay in exercising any right,power,or privilege under this
Intergovernmental Grant Agreement,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.Accessibility
i.Grantee shall comply with and the Work Product provided under this Agreement shall
be in compliance with all applicable provisions of §~24-85-l01,et seq.,C.R.S.,and
the Accessibility Standards for Individuals with a Disability,as established by the
Governor’s Office of Information Technology (OIT),pursuant to Section §24-85-103
(2.5),C.R.S.Grantee shall also comply with all State of Colorado technology standards
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EXHIBIT A TO RESOLUTION 2024-099
related to technology accessibility and with Level AA of the most current version of the
Web Content Accessibility Guidelines (WCAG),incorporated in the State of Colorado
technology standards.
ii.The State may require Grantee’s compliance to the State’s Accessibility Standards to
be determined by a third party selected by the State to attest to Grantee’s Work Product
and software is in compliance with §~24-85-101,et seq.,C.R.S.,and the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to Section
§24-85-103 (2.5),C.R.S.
L.Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit D at all times during the
term of this Grant.
17.COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A.STATUTORY APPROVAL.§24-30-202(1),C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller
or designee.If this Agreement is for a Major Information Technology Project,as defined in
§24-37.5-102(2.6),C.R.S.,then this Agreement shall not be valid until it has been approved
by the State’s Chief Information Officer or designee.
B.FUND AVAILABILITY.§24-30-202(5.5),C.R.S.
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.
C.GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State,
its departments,boards,commissions committees,bureaus,offices,employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental Immunity
Act,§24-10-101,et seq.,C.R.S.;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 Agreement shall be construed or interpreted as a waiver,express
or implied,of any of the immunities,rights,benefits,protections,or other provisions,
contained in these statutes.
D.INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent contractor,and not as an
employee.Neither Grantee nor any agent or employee of Grantee shall be deemed to be an
agent or employee of the State.Grantee shall not have authorization,express or implied,to
bind the State to any agreement,liability or understanding,except as expressly set forth
herein.Grantee and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not
pay for or otherwise provide such coverage for Grantee or any of its agents or
employees.Grantee shall pay when due all applicable employment taxes and income
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EXHIBIT A TO RESOLUTION 2024-099
taxes and local head taxes incurred pursuant to this Agreement.Grantee shall (i)
provide and keep in force workers’compensation and unemployment compensation
insurance in the amounts required bylaw,(ii)provide proof thereof when requested by
the State,and (lii)be solely responsible for its acts and those of its employees and agents.
E.COMPLIANCE WITH LAW.
Grantee shall 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.
F.CHOICE OF LAW,JURISDICTION,AND VENUE.
Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the
interpretation,execution,and enforcement of this Agreement.Any provision included or
incorporated herein by reference which conflicts with said laws,rules,and regulations shall
be null and void.All suits or actions related to this Agreement shall be filed and proceedings
held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G.PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemni&or hold Grantee
harmless;requires the State to agree to binding arbitration;limits Grantee’s liability for
damages resulting from death,bodily injury,or damage to tangible property;or that conflicts
with this provision in any way shall be void ab initio.Nothing in this Agreement shall be
construed as a waiver of any provision of §24-106-109 C.R.S.
H.SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition,
operation,or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions.Grantee hereby certifies and warants that,during the term
of this Agreement and any extensions,Grantee has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds.If the State determines
that Grantee is in violation of this provision,the State may exercise any remedy available at
law or in equity or under this Agreement,including,without limitation,immediate
termination of this Agreement and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST.§~24-18-201 and
24-50-507,C.R.S.
The signatories aver that to their knowledge,no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Agreement.Grantee
has no interest and shall not acquire any interest,direct or indirect,that would conflict in any
maimer or degree with the performance of Grantee’s services and Grantee shall not employ
any person having such known interests.
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EXHIBIT A TO RESOLUTION 2024-099
EXHIBIT A,STATEMENT OF WORK
Prepared Date:1/18/2024
Name of Grantee:City of Fort Collins Utilities
Name of Water Project:Poudre Water Supply Infrastructure Wildfire Ready Action Plan
Water Project OvervIew:Please provide brief description of the proposed water activity (no more than 200
words).Please define all acronyms.
The Cache La Poudre (CIP)Watershed headwaters begin within the Arapaho-Roosevelt National Forest and drain
down through the City of Fort Collins (Fort Collins)and urban areas of the Front Range until its confluence with the
South Platte River,east of the City of Greeley (Greeley).The watershed is a valuable shared resource between
local municipalities,agriculture,and recreational stakeholders.A network of critical water supply infrastructure is
located near the watershed divide at Cameron Pass on Highway 14,which Fort Collins,Greeley,and Water Supply
and Storage Company (WSSC)use to manage their water supplies.The highest risk to the watersheds that deliver
water to these assets,as identified in the Fort Collins’Source Water Protection Plan,is catastrophic wildfire.
Protecting the physical infrastructure and the water stored and conveyed by these structures is a high priority for
Fort Collins,Greeley,and WSSC to ensure adequate delivery of reliable and high-quality water supplies to their
downstream users and to improve flows in the Poudre River.Fort Collins,Greeley,and WSSC are seeking to
develop a Wildfire Ready Action Plan (WRAP)in the shared interest of protecting this interconnected water supply
system.
Project Objectives:
The goal of this project is to implement a Wildfire Ready Watersheds (WRW)study and develop a WRAP to
address the susceptibility of critical water supplies and infrastructure in the Upper Cache Ia Poudre and North
Platte watersheds to post-wildfire impacts and hazards.The WRW study and WRAP will focus on the combined
Joe Wright Creek,Peterson Lake,and Headwaters Michigan River watersheds that encompass the Michigan Ditch,
Joe Wright Reservoir,Chambers l.ake,Barnes Meadow Reservoir,and Peterson Lake.
Task 1:Vision and Establishment of Goals and Objectives
Description of Task:
Fort Collins,in partnership with Greeley,WSSC,and the Coalition for the Poudre River Watershed (CPRW),
established a vision and goals for a WRW Framework Study.This effort occurred over several meetings in late
2023 focused on identifying potential stakeholders,reviewing existing watershed planning efforts (i.e.Upper
Poudre Resiliency Plan)and other available resources to support the study,and defining the geographic area of
concern (WRW target area)for the study.The shared vision for this study is to develop a WRAP to address the
susceptibility of critical water supplies and infrastructure in the Cache Ia Poudre and North Platte watersheds to
Exhibit A Page 1 of S Version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
post-wildfire impacts and hazards.This task will focus on sharing and further refining that vision through targeted
stakeholder identification and analysis,and outreach and engagement.
Method/Procedure:
Task 1.1 —Stakeholder Identification and Analysis:Fort Collins and Greeley (Core Team)will work with the Fort
Collins Utilities Customer Connections Division (C&E Team)to conduct a stakeholder inventory and analysis to 1)
identify all relevant watershed stakeholders that may be interested in or affected by the project,2)analyze the risks
and opportunities related to stakeholders in the WRW target area,and 3)develop strategies and tactics for targeted
communication,outreach,and engagement with the stakeholders.
Task 1.2 —Stakeholder Engagement:The Core Team will convene and participate in two to three facilitated
outreach and engagement workshops with all stakeholders.This effort will leverage CPRW’s Upper Poudre
Stakeholder Steering Committee meetings and additional workshops for stakeholders who do not currently
participate in the Upper Poudre Stakeholder Steering Committee.
Task 1.3—Agreements and Partnerships:The Core Team will develop agreements with partners and stakeholders
as needed.These agreements may outline funding agreements,data sharing,resource support,or other resources
that may be made available for the WRW study.
Deliverable:
•Summary of the stakeholder inventory and analysis
•List of key stakeholders
•Summary document presenting the outcomes of stakeholder engagement and outreach workshops.
Task 2:Stakeholder Collaboration,Community Outreach,and Public Meetings
Description of Task:
The Core Team and/or Consultant will communicate with stakeholders during the planning process to provide
updates,solicit feedback,share study findings and priorities,develop agreements,and keep stakeholders informed
throughout the development of the WRAP.
Method/Procedure:
Task 2.1 —Communication &Engagement Plan:The Core Team will work with the C&E Team to develop and
implement a Communication and Engagement Plan (C&E Plan).The C&E Plan will outline communication strategies
and outreach activities to share and solicit information with stakeholders and the broader community during the
WRW Framework Study.
Task 2.2—Communication,Outreach &Engagement Activities:The Core Team,with support from the C&E Team
and the Consultant,will communicate regularly with stakeholders and lead and participate in outreach and
engagement activities.Communication,outreach,and engagement activities will be guided by the stakeholder
identification and analysis completed in Task 1 and the strategies and tactics outlined in the C&E Plan developed in
Task 2.1.
Deliverable:
•Communication &Engagement Plan
•Fact sheets and informational brochures for outreach events
•Meeting agendas,presentations,and meeting minutes
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EXHIBIT A TO RESOLUTION 2024-099
•Press releases,memos,and other outreach products to be determined in C&E Plan
•Project website and ongoing website communications
Task 3:Data Collection,Research,Review,and Gap Analysis
Description of Task:
A considerable amount of data collection and analyses has been completed within the proposed WRAP target area
to support restoration efforts following the 2020 Cameron Peak Wildfire and during the development of CPRW’s
2024 Upper Poudre Resiliency Plan.The Consultant,in coordination with the Core Team,will identify,review,and
document existing data collection efforts,relevant reports,studies,or research in the WRW target area.The
Consultant will compile and organize all available data that can be leveraged to support the WRW Framework Study
and conduct a data gap analysis to determine additional data and analysis needs.The WRW GIS Preparedness for
Wildfire Planning and Recovery tool developed by CWCB will guide this effort.
Method/Procedure:
Task 3.1—615 Data Collection:The Consultant will coordinate with all stakeholders and partners to identify relevant
GIS data related to watershed features and characteristics,hazards,assets and values,and basemap and supporting
data that may be used to support the study.The data summary will directly reflect the WRW 615 Data Matrix
developed by CWCB.
Task 3.2 —Reports,Studies,Research:The Consultant will research previous planning studies,analyses,reports,
and research within the WRW target area and provide a review of each including a summary memorandum of the
study contents and relevant information that could be used to support the study.
Task 3.4—Infrastructure Operations:The Consultant will work with the Core Team to gather information related
to infrastructure operations for water supply and other values at risk identified in the WRW target area.
Task 3.5—Stream Data Conditions Assessment:The Consultant will work with the Core Team to select a subset of
stream reaches within the WRW target area that may be suitable for post-fire hazard mitigation.The Consultant will
assess the existing physical conditions of stream reaches,including geomorphological and riparian conditions.A
River Health Assessment of the Upper Poudre River Watershed was completed in 2019 before the Cameron Peak
Wildfire.The results from this assessment may be informative for unburned areas in the WRW target area.CPRW’s
recently completed River Health Assessment Framework may serve as a tool to conduct additional assessments of
the physical conditions of stream reaches in areas burned by the Cameron Peak Wildfire or in unburned areas where
data do not exist (e.g.Upper Michigan River Watershed).
Task 3.6—Gap Analysis:Once all available data have been collected and reviewed,the Consultant will perform a
data gap analysis to identify any necessary data that are not available for the study in a usable 61$format.
Deliverables:
•Data gap summary
•Stream Assessment Technical Memorandum
•Annotated bibliography of all relevant reports,research,and studies
•Literature review summaries
•Tabulation summary of infrastructure operations
•Data Needs and Recommendations memorandum
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EXHIBIT A TO RESOLUTION 2024-099
Task 4:Post-Fire Hazard Analysis
Description of Task:
The Consultant will engage with the Working Group to collect the necessary information to conduct post-fire hazard
evaluations within the WRW target area.A comprehensive post-fire hazard analysis was recently completed for
CPRW’s 2024 Upper Poudre Resiliency Plan that evaluated wildfire hazards,debris flow hazards,hilislope erosion
hazards,and road hazards to 7th~leveI watersheds.These analyses will be leveraged to support this task.The desired
geographic scope of each type of post-fire hazard analysis may be determined based on values and assets at risk,
expected post-fire hazard types,and the data necessary for pre-disaster mitigation planning and design.Existing
post-fire hazard data and the data gap analysis documented in Task 3 will inform the analysis needs for this task.
Method/Procedure:
Task 4.1—Pre-Hazard-Modeling Risk Assessment:The Consultant will provide a high-level assessment of the WRW
target area to determine where post-fire hazards likely exist and where they may be a threat to water supplies and
infrastructure.The purpose of this assessment is to determine both the need for and level of detail appropriate for
each hazard type described below in Task 4.2 —Task 4.6.This assessment is meant to guide the Consultant and
Working Group to refine hazard analyses to areas and stream reaches where there is a significant risk to water
supplies and infrastructure.
Task 4.2 —Pre-and Post-Fire Hydrology:The Consultant will conduct a hydrologic analysis to compare pre-and
post-fire hydrology for critical stream reaches determined in the Pre-Hazard Modeling Risk Assessment (Task 4.1).
Task 4.3 —Post-Fire Hydraulics:The Consultant will develop a hydraulic model using the completed post-fire
hydrologic analysis (Task 4.2)to show both pre-fire and post-fire hydraulics for critical stream reaches identified in
the Pre-Hazard Modeling Risk Assessment (Task 4.1).
Task 4.4 —Fluvial Hazard Zones:The Consultant will develop Fluvial Hazard Zone (FHZ)delineations for critical
stream reaches identified in the Pre-Hazard Modeling Risk Assessment.
Task 4.5—Debris Flow:Debris flow modeling was recently completed for 7th~level watersheds,within the Joe Wright
Creek watershed,Peterson Lake watershed,and portions of the Headwaters Michigan River watershed,as part of
the Upper Poudre Resiliency Plan update.The Consultant will conduct debris flow modeling for critical areas
identified in the Pre-Hazard Modeling Risk Assessment (Task 4.1)that have not been analyzed for debris flow hazard.
The analyses will be used to identify debris flow probability and predict debris flow volumes from specified rain
events.
Task 4.6—Hillslope Erosion:Hillslope erosion modeling was recently completed for 7th~level watersheds,within the
Joe Wright Creek watershed,Peterson Lake watershed,and portions of the Headwaters Michigan River watershed,
as part of the Upper Poudre Resiliency Plan update.The Consultant will conduct hillslope erosion modeling for
critical areas identified in the Pre-Hazard Modeling Risk Assessment (Task 4.1)that have not been analyzed for debris
flow hazard.
Deliverables:
•Executive summary of post-fire hazard evaluations completed under the WRW Framework study including
a discussion regarding the Pre-Hazard Modeling Risk Assessment task and what areas or locations within
the watershed were determined to need further hazard evaluations.
•Hydrology Technical Memorandum with all supporting documentation,model computer files,and
associated GIS data.
•Hydraulics Technical Memorandum with all supporting documentation,model computer files,and
associated 61$data.
•Fluvial Hazard Technical Memorandum with all supporting documentation,model computer files,and
associated GIS data.
Exhibit A Page 4 of 8 Version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
•Debris Flow Technical Memorandum with all supporting documentation,model computer files,and
associated GIS data.
•Hillslope Erosion Technical Memorandum with all supporting documentation,model computer files,and
associated GIS data.
TaskS:Susceptibility Analysis
Description of Task:
A susceptibility analysis will be completed to evaluate post-wildfire hazard risk to stakeholder values using the
collected 615 data,relevant information and reports (Task 3),post-fire hazard analyses (Task 4),and stakeholder
values identified through outreach and engagement (Task 2).This assessment will identify and prioritize critical
values at risk throughout the WRW target area;however,there will be a focus on water supply and
infrastructure.
Method/Procedure:
Task 5.1.—Intersection of Values at Risk with Hazards (point-cf-impact):The Consultant will create a geospatial
overlay,using available or developed hazard data,of the identified stakeholder values and post-fire hazards.This
evaluation will be based on the WRW Framework Risk Matrix developed by CWCB.The intersection of assets and
hazards will generate a preliminary determination of whether assets are at risk from post-fire hazards.
Task 5.2—Watershed Susceptibility Risk (watershed risk):The Consultant will use the collected data and outcomes
of Task 5.1 to compare post-fire susceptibility of HIJC-14 (7th~level)or smaller watersheds throughout the WRW
target area.The analysis will develop a risk rating score (i.e.low,moderate,or high)to be used to understand the
severity of post-fire impacts on stakeholder values at the watershed level.
Task 5.3—SusceptibilIty Analysis (stream corridor or stream reach risk):The Consultant will use the outcomes of
Tasks 5.1 and 5.2 to complete a susceptibility evaluation across the WRW target area for relevant and probable post-
fire hazard impacts.The primary focus of these evaluations will be on post-fire hazard impacts on water supplies
and infrastructure.
Task 5.4 —Reporting and Mapping:A susceptibility report and web-based map summarizing risk levels by
watershed,infrastructure e,and life/ro e will be produced based on the outcomes of Tasks 5.1—5.3.
Deliverables:
•Post-fire susceptibility report
•Post-fire susceptibility mapping including all supporting and developed 615 data
Task 6:
Description of Task:
Building on the WRW Framework Study developed in Tasks 3—5,a WRAP will be developed that outlines both:
•Pre-Fire Actions:Actions,management strategies,and mitigation projects that can be implemented before
a wildfire to protect water supplies and infrastructure from post-fire hazards,and
•Post-Fire Actions:Actions,management strategies,and mitigation projects that can be implemented
following a fire to water supplies and infrastructure.
Estimates of implementation costs,permit requirements,timelines,stakeholders,and lead agency (project
manager will be rovided for all identified re-fire and ost-fire actions.
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EXHIBIT A TO RESOLUTION 2024-099
Method/Procedure:
Task 6.1 —Pre-Disaster Preparedness Plan:The Consultant will work with the Working Group to develop a list of
possible actions to protect water supplies and infrastructure from post-fire hazards.The types of mitigation actions
will likely include watershed and stream restoration,infrastructure protection and upgrades,warning systems,water
supply systems,burn severity mitigation and fire prevention,and risk mitigation.Following this effort,the Consultant
will evaluate the suitability of locations within the WRW target area and along river corridors to support mitigation
projects that enhance floodplain connectivity,provide sediment storage,create floodplain storage,increase riparian
corridors and vegetative diversity,and incorporate restoration practices that complement the overall goals and
objectives of the WRAP.The list of actions and projects will be prioritized,based on input from the Working Group,
and a funding program summary will be developed that outlines where and how funding can be used and leveraged
to implement these actions and projects.The outcome of these efforts will be documented in a Pre-Disaster
Preparedness Plan.
Task 6.2—Post-Disaster Preparedness Plan:The Consultant will work with the Working Group to develop a list of
actions that might be taken to further assess post-fire hazards,implement warning systems,and protect
infrastructure or values-at-risk from post-fire hazards.The types of mitigation actions will likely include post-fire
assessments,GIS data preparedness,contracting,agreements,infrastructure upgrades,and post-fire recovery
actions.The Consultant will then assist the Working Group in developing guidance and communications for
responding to post-fire recovery and determining roles and responsibilities,financial needs and capabilities,and
disaster response permitting.The outcome of these efforts will be documented in a Post-Disaster Preparedness
Plan.
Deliverables:
•Pre-Disaster Preparedness Plan
•Pre-Disaster action mapping including all supporting and developed GIS data
•Post-Disaster Preparedness Plan
•Post-Disaster action mapping including all supporting and developed GIS data
•Online web map displaying proposed pre-and post-mitigation activities (if funding allows)
Task 7:Project Management and Administration
Description of Task:
Fort Collins will provide the overall project management of the WRW Framework Study.The City of Fort Collins will
manage all tasks required to perform design services including coordination with the Consultant,partners,
stakeholders,planning team,specialists,regulatory agencies,local governments,and other government partners.
This work will include:
•Supervising all Consultant team operations;
•Preparing bi-annual (six-month)progress reports to CWCB along with a final project report;
•Supporting public outreach efforts;and
•Monitoring progress of overall planning effort.
Method/Procedure:
The City of Fort Collins will:
•Provide overall project management,task management,and contractor management.
•Be the single point of contact to answer uestions related to the WRW Framework Study and WRAP.
Exhibit A Page 6 of 8 Version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
•Provide grant administration,invoicing,and administrative functions.
•Be the primary point of contact for CWCB and will provide six-month and a final progress report,compile
reimbursement documentation,and final reporting
Deliverables:
•Six-month progress reports and a final report will be provided to document the successes (or challenges)of
the outreach and coordination efforts.
•Grant reimbursement documentation will also be provided.
•Project schedule and schedule updates to be provided with six-month progress reports
Performance Measures
Exhibit A Page 7 of 8 Version 3.22.2024
—Budget and Schedule
This Statement of Work is accompanied by a combined Budget and Schedule that reflects the tasks identified
in the Statement of Work.
Reporting Requirements
Progress Reports:The grantee shall provide the CWCB a progress report every six months,beginning from
the date of issuance of the grant agreement.The progress report shall describe the status of the tasks identified
in the statement of work including a description of any major issues that have occurred and any corrective
action taken to address these issues.
Final Report At completion of the project,the applicant shall provide the CWCB a final report on the
applicants letterhead that:
•Summarizes the project and how the project was completed.
•Describes any obstacles encountered,and how these obstacles were overcome.
•Confirms that all matching commitments have been fulfilled.
•Includes photographs,summaries of meetings and engineering reports/designs.
The CWCB will pay out the last 10%of the budget when the final report is completed to the satisfaction of
CWCB staff.Once the final report has been accepted,and final payment has been issued,the grant agreement
will be closed without any further payment
Payment
Payment will be made based on actual expenditures and must include invoices for all work completed.The
request for payment must include a description of the work accomplished by task an estimate of the percent
completion for individual tasks and the entire project in relation to the percentage of budget spent,
identification of any major issues,and proposed or implemented corrective actions.
Costs incurred prior to the effective date of this grant agreement are not reimbursable.The last 10%of the
entire grant will be paid out when the final deliverable has been received.All products,data and information
developed as a result of the grant agreement must be provided to the CWCB as part of the project
documentation.
EXHIBIT A TO RESOLUTION 2024-099
Performance measures for the grant agreement shall include the following:
(a)Performance standards and evaluation:Grantee will produce detailed deliverables for each task as
specified.Grantee shall maintain receipts for all project expenses and documentation of the minimum in-kind
contributions (if applicable)per the budget Per grant guidelines,the CWCB will pay out the last 10%of the
budget when the final report is completed to the satisfaction of CWCB staff.Once the final report has been
accepted,and final payment has been issued,the grant agreement will be closed without any ftirther
payment
(b)Accountability:Per grant guidelines fill documentation of project progress must be submitted with each
invoice for reimbursement Grantee must confirm that all grant conditions have been complied with on each
invoice.In addition,per Grant Guidelines,progress reports must be submitted at least once every 6 months.
A final report must be submitted and approved before final project payment
(c)Monitoring Requirements:Grantee is responsible for ongoing monitoring of project progress per Exhibit
A.Progress shall be detailed in each invoice and in each progress report as detailed above.Additional
inspections or field consultations will be arranged as may be necessary.
(d)Noncompliance Resolution:Payment will be withheld if grantee is not current on all grant conditions.
Flagrant disregard for grant conditions will result in a stop work order and cancellation of the grant
agreement
Exhibit A Page 8 of 8 Version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
EXHIBIT B,SAMPLE OPTION LETTER
State Agency Option Letter Number
Insert D artment’s or IRE’s Full Le al Name Insert the tion Number e.“1”for the first o tion)
Grantee Original Agreement Number
Insert Grantee’s Full Legal Name,including “Inc.”,Insert CMS number or Other Agreement Number of the Original
“LLC”etc...A ement
Current Agreement Maximum Amount Option Agreement Number
Initial Term Insert CMS number or Other Agreement Number of this Option
State Fiscal Year 2Oxx $0.00
Extension Terms Agreement Performance Beginning Date
State Fiscal Year 2Oxx $0.00 Month Day,Year
State Fiscal Year 2Oxx $0.00
State Fiscal Year 2Oxx $0.00 Current Agreement Expiration Date
State Fiscal Year 2Oxx $0.00 Month Day,Year
Total for All State Fiscal Years $0.00
I.OPTIONS:
A.Option to extend for an Extension Term
B.Option to change the quantity of Goods under the Agreement
C.Option to change the quantity of Services under the Agreement
D.Option to modifS’Agreement rates
E.Option to initiate next phase of the Agreement
2.REQUIRED PROVISIONS:
A.For use with Option 1(A):In accordance with Section(s)Number of the Original Agreement referenced above,
the State hereby exercises its option for an additional term,beginning Insert start date and ending on the current
Agreement expiration date shown above,at the rates stated in the Original Agreement as amended.
B.For use with Options 1(B and C):In accordance with Section(s)Number of the Original Agreement referenced
above,the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the
rates stated in the Original Agreement,as amended.
C.For use with Option 1(D):In accordance with Section(s)Number of the Original Agreement referenced above,
the State hereby exercises its option to modi&the Agreement rates specified in Exhibit/Section Number/Letter.
The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option
Effective Date of this Option Letter.
D.For use with Option 1(E):In accordance with Section(s)Number of the Original Agreement referenced above,
the State hereby exercises its option to initiate Phase indicate which Phase:2,3,4,etc,which shall begin on Insert
start date and end on Insert ending date at the cost/price specified in Section Number.
E.For use with all Options that modify the Av~eement Maximum Amount:The Agreement Maximum Amount
table on the Agreement’s Signature and Cover Page is hereby deleted and replaced with the Current Agreement
Maximum Amount table shown above.
3.OPTION EFFECTIVE DATE:
A.The effective date of this Option Letter is upon approval of the State Controller or •whichever is later.
In accordance with §24-30-202,C.R.S.,this Option is not
STATE OF COLORADO valid until signed and dated below by the State Controller or
Jared S.Polis,Governor an authorized delegate.
[NSERT-Name of Agency or lIfE STATE CONTROLLER
INSERT-Name &Title of Head of Agency or fifE Robert Jaros,CPA,MBA,SD
By:Name Sc Title of Person Signing for Agency or [HE By:________________________________________
Name of Agency or IHE Delegate-Please delete if agreement
will be muted to OSC for approval
Date:_____________________________
___________________________________________Option Effective Date:
Exhibit B Page 1 of I Version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
EXifiBIT C,BUDGET
1.BUDGET BY US TREASURY EXPENDITURE CATEGORY
1.1 Expenditure Categories identified in Exhibit C will determine what is reported on as outlined in
Exhibits D-G.
Project US Treasury Expenditure Category
Number Project Title Number and Name Budget
RRPO2O Poudre Water Supply 6.1 Revenue Replacement;Provisions of $209,688.00
Infrastructure WRAP Government Services
Total
2.BUDGET BY FUNCTION
Q COLORADOColoTadoWater
Cona*rvatlon Board
D~p.wn~ni oS Nan,.’Rnrce.
Budget and Schedule
Prepared Date:111912024
Name of Applicant City of Fort Collins
Name of Water Project Poudre Water Supply Infrastructure wildfire Ready Action Plan
Project Start Date:11112025
~j~d End Date:212512028
GrantTaskTaskStartTaskEnd Match TotalTaskDescriptiona.Date Date Funding FundingRequest
I Capacity BLJIIdO’Ig Vision and Estabhshment of 1/112025 212612025
ooais anci ob,ect,ves $4,834 $791 $5,625
StakeholderCoflaboration Community 11112025 2125120262outreachandPublicMeebqs $9,668 $1,582 $11,250
D~a Collection Research Review and ~2126/2025 51712025~Anajysis $14,502 $2,373 $16,875
Post Fire Hazard Analysis 517/2025 7/3012025 $48,340 $7,910 $56,250
S Suscetb~y Analysis 713012025 11/5/2025 $19,336 $3,164 $22,500
6 ReadyAchon Plan ¶1/512025 2/25/2026 $75,195 $12,305 $87,500
OwectProHct aia~enent&Admnstrat,on 11/2025 2/2512026 $0 $28125 $28125
Total DirectCosts $171,875 $56,250 $228,125
ndirect Costs 11/1/2025 1212512026 $37,813 $12,375 $50,188
Total Project Costs $209,688 $68,625 $278,313
3.EXPENDITURE CATEGORY MODIFICATIONS
3.1 Increases or decreases in any Expenditure Category must be requested and approved by the State
Agency by using the SLFRF Expenditure Modification Form.This form can be found at:
https://osc.colorado.gov american rescue-plan-act (see SLFRF Grant Agreement Templates tab)
Celorale Water Conservatien Beard
Exhibit C Page 1 of I Version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
Exhibit D,Federal Provisions
1.APPLICABILITY OF PRovisioNs.
1.1.The Grant to which these Federal Provisions are attached has been funded,in whole or in part,
with an Award of Federal funds.In the event of a conflict between the provisions of these Federal
Provisions,the Special Provisions,the body of the Grant,or any attachments or exhibits
incorporated into and made a part of the Grant,the provisions of these Federal Provisions shall
control.
1.2.The State of Colorado is accountable to Treasury for oversight of their subrecipients,including
ensuring their subrecipients comply with the SLFRF statute,SLFRF Award Terms and
Conditions,Treasury’s Final Rule,and reporting requirements,as applicable.
1.3.Additionally,any subrecipient that issues a subaward to another entity (2~tier subrecipient),
must hold the 2’~tier subrecipient accountable to these provisions and adhere to reporting
requirements.
1.4.These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions,
as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institutions of higher education.
2.DEFINITIONS.
2.1.For the purposes of these Federal Provisions,the following terms shall have the meanings
ascribed to them below.
2.1.1.“Award”means an award of Federal financial assistance,and the Grant setting forth the
terms and conditions of that financial assistance,that a non-Federal Entity receives or
administers.
2.1.2.“Entity”means:
2.1.2.1.a Non-Federal Entity;
2.1.2.2.a foreign public entity;
2.1.2.3.a foreign organization;
2.1.2.4.a non-profit organization;
2.1.2.5.a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6.a foreign non-profit organization (only for 2 CFR part 170)only);
2.1.2.7.a Federal agency,but only as a Subrecipient under an Award or Subaward to a
non-Federal entity (or 2 CFR 200.1);or
2.1.2.8.a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3.“Executive”means an officer,managing partner or any other employee in a management
position.
2.1.4.“Expenditure Category (EC)”means the category of eligible uses as defined by the US
Department of Treasury in “Appendix 1 of the Compliance and Reporting Guidance,
State and Local Fiscal Recovery Funds”report available at www.treasury.gov.
Exhibit D Page 1 of 16 Version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
2.1.5.“Federal Awarding Agency”means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
2.1.6.“Grant”means the Grant to which these Federal Provisions are attached.
2.1.7.“Grantee”means the party or parties identified as such in the Grant to which these Federal
Provisions are attached.Grantee also means Subrecipient.
2.1.8.“Non-Federal Entity”means a State,local government,Indian tribe,institution of higher
education,or nonprofit organization that carries out a Federal Award as a Recipient or a
Subrecipient.
2.1.9.“Nonprofit Organization”means any corporation,trust,association,cooperative,or other
organization,not including IHEs,that:
2.1.9.1.Is operated primarily for scientific,educational,service,charitable,or similar
purposes in the public interest;
2.1.9.2.Is not organized primarily for profit;and
2.1.9.3.Uses net proceeds to maintain,improve,or expand the operations of the
organization.
2.1.10.“0MB”means the Executive Office of the President,Office of Management and Budget.
2.1.11.“Pass-through Entity”means a non-Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.12.“Prime Recipient”means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.13.“Subaward”means an award by a Prime Recipient to a Subrecipient funded in whole or
in part by a Federal Award.The terms and conditions of the Federal Award flow down
to the Subaward unless the terms and conditions of the Federal Award specifically
indicate otherwise in accordance with 2 CFR 200.101.The term does not include
payments to a Contractor or payments to an individual that is a beneficiary of a Federal
program.
2.1.14.“Subrecipient”or “Subgrantee”means a non-Federal Entity (or a Federal agency under
an Award or Subaward to a non-Federal Entity)receiving Federal funds through a Prime
Recipient to support the perfonnance of the Federal project or program for which the
Federal funds were awarded.A Subrecipient is subject to the terms and conditions of the
Federal Award to the Prime Recipient,including program compliance requirements.The
term does not include an individual who is a beneficiary of a federal program.For SLFRF
Grants,a subrecipient relationship continues to exist for Expenditure Category 6.1
Revenue Replacement.Subrecipient also means Grantee.
2.1.15.“System for Award Management (SAM)”means the Federal repository into which an
Entity must enter the information required under the Transparency Act,which may be
found at http://www.sam.gov.
2.1.16.“Total Compensation”means the cash and noncash dollar value earned by an Executive
during the Prime Recipient’s or Subrecipient’s preceding fiscal year (see 48 CFR 52.204-
10,as prescribed in 48 CFR 4.1403(a))and includes the following:
2.1.16.1.Salaryandbonus;
Exhibit D Page 2 of 16 v~ion 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
2.1.16.2.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;
2.1.16.3.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;
2.1.16.4.Change in present value of defined benefit and actuarial pension plans;
2.1 .16.5.Above-market earnings on deferred compensation which is not tax-qualified;
2.1.16.6.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.
2.1.17.“Transparency Act”means the Federal Funding Accountability and Transparency Act of
2006 (Public Law 109-282),as amended by §6202 of Public Law 110-252.
2.1.18.“Uniform Guidance”means the Office of Management and Budget Uniform
Administrative Requirements,Cost Principles,and Audit Requirements for Federal
Awards.The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise.
2.1.19.“Unique Entity ID”means the Unique Entity ID established by the federal government
for a Grantee at https://sam.gov/content/home.
3.COMPLIANCE.
3.1.Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto,all provisions of the Uniform Guidance,and all
applicable Federal Laws and regulations required by this Federal Award Any revisions to
such provisions or regulations shall automatically become a part of these Federal Provisions,
without the necessity of either party executing any further instrument.The State of Colorado,
at its discretion,may provide written notification to Grantee of such revisions,but such notice
shall not be a condition precedent to the effectiveness of such revisions.
3.2.Per US Treasury Final Award requirements,grantee programs or services must not include a
term or conditions that undermines efforts to stop COVID-19 or discourages compliance with
recommendations and CDC guidelines.
4.SYSTEM FOR AwAnD MANAGEMENT (SAM)AND UNIQUE ENTITY ID (UEI)REQUIREMENTS.
4.1.SAM.Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later.Grantee shall review and update SAM information at least annually after
the initial registration,and more frequently if required by changes in the information.
4.2.UEL Grantee shall provide its Unique Entity ID to its Prime Recipient,and shall update
Grantee’s information at https //www.sam.Rov at least annually after the initial registration,
and more frequently if required by changes in Grantee’s information.
5.TOTAL COMPENSATION.
Exhibit D Page 3 of 16 v~um 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
5.1.Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1.The total Federal funding authorized to date under the Award is $30,000 or more;and
5.1.2.In the preceding fiscal year,Grantee received:
5.1.2.1.80%or more of its annual gross revenues from Federal procurement Agreements
and Subcontractors and/or Federal financial assistance Awards or Subawards
subject to the Transparency Act;and
5.1.2.2.$30,000,000 or more in annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act;and
5.1.2.3.5.1.2.3 The public does not have access to information about the compensation of
such Executives through periodic reports filed under section 13(a)or 15(d)of the
Securities Exchange Act of 1934 (15 U.S.C.78m(a),78o(d)or §6104 of the
Internal Revenue Code of 1986.
6.REPORTING.
6.1.If Grantee is a Subrecipient of the Award pursuant to the Transparency Act,Grantee shall
report data elements to SAM and to the Prime Recipient as required in this Exhibit.No direct
payment shall be made to Grantee for providing any reports required under these Federal
Provisions and the cost of producing such reports shall be included in the Grant price.The
reporting requirements in this Exhibit are based on guidance from the 0MB,and as such are
subject to change at any time by 0MB.Any such changes shall be automatically incorporated
into this Grant and shall become part of Grantee’s obligations under this Grant.
7.EFFECTIVE DAn iOffl DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1.Reporting requirements in §8 below apply to new Awards as of October 1,2010,if the initial
award is $30,000 or more.If the initial Award is below $30,000 but subsequent Award
modifications result in a total Award of $30,000 or more,the Award is subject to the reporting
requirements as of the date the Award exceeds $30,000.If the initial Award is $30,000 or
more,but funding is subsequently de-obligated such that the total award amount falls below
$30,000,the Award shall continue to be subject to the reporting requirements.If the total
award is below $30,000 no reporting required;if more than $30,000 and less than $50,000
then FFATA reporting is required;and,$50,000 and above SLFRF reporting is required.
7.2.The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26,2015.The standards set forth in §11 below are applicable to
audits of fiscal years beginning on or after December 26,2014.
8.SUBRECIPIENT REPORTING REQUIREMENTS.
8.1.Grantee shall report as set forth below.
8.1.1.Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as referenced in
Exhibit F to report to the State Agency within ten (10)days following each quarter ended
September,December,March and June.Additional information on specific requirements
are detailed in the SLFRF Subrecipient Quarterly Report Workbooks and “Compliance
and Reporting Guidance,State and Local Fiscal Recovery Funds”report available at
www.treasury.gov.
Exhibit D Page 4 of 16 v~ion 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
Exhibit D Page 5 of 16 Version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
EC 1—Public Health
All Public Health Projects
a)Description of structure and objectives
b)Description of relation to COVID-19
c)Identification of impacted and/or disproportionately impacted communities
d)Capital Expenditures
i.Presence of capital expenditure in project
ii.Total projected capital expenditure
iii.Type of capital expenditure
iv.Written justification
v.Labor reporting
COVID-19 Interventions and Mental Health (1.4,1.11,1.12,1.13)
a)Amount of total project used for evidence-based programs
b)Evaluation plan description
COVID-19 Small Business Economic Assistance (1.8)
a)Number of small businesses served
COVID-19 Assistance to Non-Profits (1.9)
a)Number of non-profits served
COVID-19 Aid to Travel,Tourism,and Hospitality or Other Impacted Industries (1.10)
a)Sector of employer
b)Purpose of funds
EC 2—Ne2ative Economic Impacts
All Negative Economic Impacts Projects
a)Description of project structure and objectives
b)Description of project’s response to COVID-19
c)Identification of impacted and/or disproportionately impacted communities
d)Amount of total project used for evidence-based programs and description of evaluation
plan (not required for 2.5,2.8,2.21-2.24,2.2 7-2.29,2.31,2.34-2.3 6)
e)Number of workers enrolled in sectoral job training programs
0 Number of workers completing sectoral job training programs
g)Number of people participating in summer youth employment programs
h)Capital Expenditures
i.Presence of capital expenditure in project
ii.Total projected capital expenditure
iii.Type of capital expenditure
iv.Written justification
v.Labor reporting
Household Assistance (2.1-2.8)
a)Number of households served
Exhibit D Page 6 of 16 Version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
b)Number of people or households receiving eviction prevention services (2.2 &2.5 only)
(Federal guidance may change this requirement in July 2022)
c)Number of affordable housing units preserved or developed (2.2 &2.5 only)(Federal
guidance may change this requirement in July 2022)
Healthy Childhood Environments (2.11-2.13)
a)Number of children served by childcare and early learning (Federal guidance may change
this requirement in July 2022)
b)Number of families served by home visiting (Federal guidance may change this
requirement in July 2022)
Education Assistance (2.14,2.24-2.27)
a)National Center for Education Statistics (“NCES”)School ID or NCES District ID
b)Number of students participating in evidence-based programs (Federal guidance may
change this requirement in July 2022)
Housing Support (2.15,2.16,2.18)
a)Number of people or households receiving eviction prevention services (Federal
guidance may change this requirement in July 2022)
b)Number of affordable housing units preserved or developed (Federal guidance may
change this requirement in July 2022)
Small Business Economic Assistance (2.29-2.33)
a)Number of small businesses sewed
Assistance to Non-Profits (2.34)
a)Number of non-profits sewed
Aid to Travel,Tourism,and Hospitality or Other Impacted Industries (2.35-2.36)
a)Sector of employer
b)Purpose of funds
c)If other than travel,tourism and hospitality (2.36)—description of hardship
EC 3 —Public Health —Ne2ative Economic Impact:Public Sector Capacity
Payroll for Public Health and Safety Employees (EC 3.1)
a)Number of government FTEs responding to COVID-19
Rehiring Public Sector Staff (EC 3.2)
a)Number of FTEs rehired by governments
EC 4—Premium Pay
All Premium Pay Projects
a)List of sectors designated as critical by the chief executive of the jurisdiction,if beyond
those listed in the final rule
b)Numbers of workers served
c)Employer sector for all subawards to third-party employers
d)Writt en narrative justification of how premium pay is responsive to essential work during
the public health emergency for non-exempt workers or those making over 150 percent of
the state/county’s average annual wage
Exhibit D Page 7 of 16 vasion 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
e)Number of workers to be served with premium pay in K-12 schools
EC 5—Infrastructure Projects
All Infrastructure Projects
a)Projected/actual construction start date (month/year)
b)Projected/actual initiation of operations date (month/year)
c)Location (for broadband,geospatial data of locations to be served)
d)Projects over $10 million
i.Prevailing wage certification or detailed project employment and local impact
report
ii.Project labor agreement certification or project workforce continuity plan
iii.Prioritization of local hires
iv.Community benefit agreement description,if applicable
Water and sewer projects (EC 5.1-5.18)
a)National Pollutant Discharge Elimination System (NPDES)Permit Number (if
applicable;for projects aligned with the Clean Water State Revolving Fund)
b)Public Water System (PWS)ID number (if applicable;for projects aligned with the
Drinking Water State Revolving Fund)
c)Median Household Income of service area
d)Lowest Quintile Income of the service area
Broadband projects (EC 5.19-5.21)
a)Confirm that the project is designed to,upon completion,reliably meet or exceed
symmetrical 100 Mbps download and upload speeds.
i.If the project is not designed to reliably meet or exceed symmetrical 100 Mbps
download and upload speeds,explain why not,and
ii.Confirm that the project is designed to,upon completion,meet or exceed 100
Mbps download speed and between at least 20 Mbps and 100 Mbps upload
speed,and be scalable to a minimum of 100 Mbps download speed and 100
Mbps upload speed.
b)Additional programmatic data will be required for broadband projects and will be
defined in a subsequent version of the US Treasury Reporting Guidance,including,but
not limited to (Federal guidance may change this requirement in July 2022):
i.Number of households (broken out by households on Tribal lands and those
not on Tribal lands)that have gained increased access to broadband meeting
the minimum speed standards in areas that previously lacked access to service
of at least 25 Mbps download and 3 Mbps upload,with the number of
households with access to minimum speed standard of reliable 100 Mbps
symmetrical upload and download and number of households with access to
minimum speed standard of reliable 100 Mbps download and 20 Mbps upload
ii.Number of institutions and businesses (broken out by institutions on Tribal
lands and those not on Tribal lands)that have projected increased access to
broadband meeting the minimum speed standards in areas that previously
Exhibit D Page 8 of 16 v~ion 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
lacked access to service of at least 25 Mbps download and 3 Mbps upload,in
each of the following categories:business,small business,elementary school,
secondary school,higher education institution,library,healthcare facility,and
public safety organization,with the number of each type of institution with
access to the minimum speed standard of reliable 100 Mbps symmetrical
upload and download;and number of each type of institution with access to
the minimum speed standard of reliable 100 Mbps download and 20 Mbps
upload.
iii.Narrative identifying speeds/pricing tiers to be offered,including the
speed/pricing of its affordability offering,technology to be deployed,miles of
fiber,cost per mile,cost per passing,number of households (broken out by
households on Tribal lands and those not on Tribal lands)projected to have
increased access to broadband meeting the minimum speed standards in areas
that previously lacked access to service of at least 25 Mbps download and 3
Mbps upload,number of households with access to minimum speed standard
of reliable 100 Mbps symmetrical upload and download,number of
households with access to minimum speed standard of reliable 100 Mbps
download and 20 Mbps upload,and number of institutions and businesses
(broken out by institutions on Tribal lands and those not on Tribal lands)
projected to have increased access to broadband meeting the minimum speed
standards in areas that previously lacked access to service of at least 25 Mbps
download and 3 Mbps upload,in each of the following categories:business,
small business,elementary school,secondary school,higher education
institution,library,healthcare facility,and public safety organization.Specify
the number of each type of institution with access to the minimum speed
standard of reliable 100 Mbps symmetrical upload and download;and the
number of each type of institution with access to the minimum speed standard
of reliable 100 Mbps download and 20 Mbps upload.
All Expenditure Categories
a)Program income earned and expended to cover eligible project costs
8.1.2.A Subrecipient shall report the following data elements to Prime Recipient no later than
five days after the end of the month following the month in which the Subaward was
made.
8.1.2.1.Subrecipient Unique Entity ID;
8.1.2.2.Subrecipient Unique Entity ID if more than one electronic funds transfer (EFT)
account;
8.1.2.3.Subrecipient parent’s organization Unique Entity ID;
8.1.2.4.Subrecipient’s address,including:Street Address,City,State,Country,Zip +4,
and Congressional District;
Exhibit D Page 9 of 16 version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
8.1.2.5.Subrecipient’s top 5 most highly compensated Executives if the criteria in §4
above are met;and
8.1.2.6.Subrecipient’s Total Compensation of top 5 most highly compensated Executives
if the criteria in §4 above met.
8.1.3.To Prime Recipient.A Subrecipient shall report to its Prime Recipient,the following
data elements:
8.1.3.1.Subrecipient’s Unique Entity IDas registered in SAM.
8.1.3.2.Primary Place of Performance Information,including:Street Address,City,State,
Country,Zip code +4,and Congressional District.
8.1.3.3.Narrative identifying methodology for serving disadvantaged communities.See
the “Project Demographic Distribution”section in the “Compliance and Reporting
Guidance,State and Local Fiscal Recovery Funds”report available at
www.treasury.gov.This requirement is applicable to all projects in Expenditure
Categories 1 and 2.
8.1.3.4.Narrative identifying funds allocated towards evidenced-based interventions and
the evidence base.See the “Use of Evidence”section in the “Compliance and
Reporting Guidance,State and Local Fiscal Recovery Funds”report available at
www.treasury.gov.See section 8.1.1 for relevant Expenditure Categories.
8.1.3.5.Narrative describing the structure and objectives of the assistance program and in
what manner the aid responds to the public health and negative economic impacts
of COVID-1 9.This requirement is applicable to Expenditure Categories 1 and 2.
For aid to travel,tourism,and hospitality or other impacted industries (EC 2.11-
2.12),also provide the sector of employer,purpose of funds,and if not travel,
tourism and hospitality a description of the pandemic impact on the industry.
8.1.3.6.Narrative identifying the sector served and designated as critical to the health and
well-being of residents by the chief executive of the jurisdiction and the number
of workers expected to be served.For groups of workers (e.g.,an operating unit,
a classification of worker,etc.)or,to the extent applicable,individual workers,
other than those where the eligible worker receiving premium pay is earning (with
the premium pay included)below 150 percent of their residing state or county’s
avenge annual wage for all occupations,as defined by the Bureau of Labor
Statistics Occupational Employment and Wage Statistics,whichever is higher,
OR the eligible worker receiving premium pay is not exempt from the Fair Labor
Standards Act overtime provisions,include justification of how the premium pay
or grant is responsive to workers performing essential work during the public
health emergency.This could include a description of the essential workers’
duties,health or financial risks faced due to COVID-19 but should not include
personally identifiable information.This requirement applies to EC 4.1,and 4.2.
8.1.3.7.For infrastructure projects (EC 5),or capital expenditures in any expenditure
category,narrative identifying the projected construction start date (month/year),
projected initiation of operations date (month/year),and location (for broadband,
geospatial location data).
8.1.3.7.1.For projects over $10 million:
Exhibit D Page 10 of 16 version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
8.1.3.7.1.1.Certification that all laborers and mechanics employed by
Contractors and Subcontractors in the performance of such project are paid wages
at rates not less than those prevailing,as determined by the U.S.Secretary of
Labor in accordance with subchapter IV of chapter 31 of title 40,United States
Code (commonly known as the “Davis-Bacon Act”),for the corresponding classes
of laborers and mechanics employed on projects of a character similar to the
Agreement work in the civil subdivision of the State (or the District of Columbia)
in which the work is to be performed,or by the appropriate State entity pursuant
to a corollary State prevailing-wage-in-construction law (commonly known as
“baby Davis-Bacon Acts”).If such certification is not provided,a recipient must
provide a project employment and local impact report detailing (1)the number of
employees of Contractors and sub-contractors working on the project;(2)the
number of employees on the project hired directly and hired through a third party;
(3)the wages and benefits of workers on the project by classification;and (4)
whether those wages are at rates less than those prevailing.Recipients must
maintain sufficient records to substantiate this information upon request.
8.1.3.7.2.A Subrecipient may provide a certification that a project includes a project
labor agreement,meaning a pre-hire collective bargaining agreement
consistent with section 8(f)of the National Labor Relations Act (29 U.S.C.
158(f)).If the recipient does not provide such certification,the recipient must
provide a project workforce continuity plan,detailing:(1)how the Subrecipient
will ensure the project has ready access to a sufficient supply of appropriately
skilled and unskilled labor to ensure high-quality construction throughout the
life of the project;(2)how the Subrecipient will minimize risks of labor
disputes and disruptions that would jeopardize timeliness and cost-
effectiveness of the project;and (3)how the Subrecipient will provide a safe
and healthy workplace that avoids delays and costs associated with workplace
illnesses,injuries,and fatalities;(4)whether workers on the project will receive
wages and benefits that will secure an appropriately skilled workforce in the
context of the local or regional labor market;and (5)whether the project has
completed a project labor agreement.
8.1.3.7.3.Whether the project prioritizes local hires.
8.1.3.7.4.Whether the project has a Community Benefit Agreement,with a description
of any such agreement.
8.1.4.Subrecipient also agrees to comply with any reporting requirements established by the US
Treasury,Governor’s Office and Office of the State Controller.The State of Colorado may
need additional reporting requirements after this agreement is executed.If there are
additional reporting requirements,the State will provide notice of such additional reporting
requirements via Exhibit G SLFRF Reporting Modification Form.
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EXHIBIT A TO RESOLUTION 2024-099
9.PROCUREMENT STANDARDS.
9.1.Procurement Procedures.A Subrecipient shall use its own documented procurement
procedures which reflect applicable State,local,and Tribal laws and applicable regulations,
provided that the procurements conform to applicable Federal law and the standards
identified in the Uniform Guidance,including without limitation,2 CFR 200.318 through
200.327 thereof.
9.2.Domestic preference for procurements (2 CFR 200.322).As appropriate and to the extent
consistent with law,the non-Federal entity should,to the greatest extent practicable under a
Federal award,provide a preference for the purchase,acquisition,or use of goods,products,
or materials produced in the United States (including but not limited to iron,aluminum,steel,
cement,and other manufactured products).The requirements of this section must be included
in all subawards including all Agreements and purchase orders for work or products under
this award.
9.3.Procurement of Recovered Materials.If a Subrecipient is a State Agency or an agency of a
political subdivision of the State,its Contractors must comply with section 6002 of the Solid
Waste Disposal Act,as amended by the Resource Conservation and Recovery Act.The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA)at 40 CFR part 247,that contain the highest
percentage of recovered materials practicable,consistent with maintaining a satisfactory level
of competition,where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000;procuring solid waste
management services in a manner that maximizes energy and resource recovery;and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
10.ACCESS TO RECORDS.
10.1.A Subrecipient shall permit Prime Recipient and its auditors to have access to Subrecipient’s
records and financial statements as necessary for Recipient to meet the requirements of 2
CFR 200.332 (Requirements for pass-through entities),2 CFR 200.300 (Statutory and
national policy requirements)through 2 CFR 200.309 (Period of performance),and Subpart
F-Audit Requirements of the Uniform Guidance.
11.SINGLE AuDIT REQUIREMENTS.
11.1.If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s
fiscal year,the Subrecipient shall procure or arrange for a single or program-specific audit
conducted for that year in accordance with the provisions of Subpart F-Audit Requirements
of the Uniform Guidance,issued pursuant to the Single Audit Act Amendments of 1996,(31
U.S.C.7501-7507).2 CFR 200.501.
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EXHIBIT A TO RESOLUTION 2024-099
11.1.1.Election.A Subrecipient shall have a single audit conducted in accordance with Uniform
Guidance 2 CFR 200.514 (Scope of audit),except when it elects to have a program-
specific audit conducted in accordance with 2 CFR 200.507 (Program-specific audits).
The Subrecipient may elect to have a program-specific audit if Subrecipient expends
Federal Awards under only one Federal program (excluding research and development)
and the Federal program’s statutes,regulations,or the terms and conditions of the Federal
award do not require a financial statement audit of Prime Recipient.A program-specific
audit may not be elected for research and development unless all of the Federal Awards
expended were received from Recipient and Recipient approves in advance a program-
specific audit.
11.1.2.Exemption.If a Subrecipient expends less than $750,000 in Federal Awards during its
fiscal year,the Subrecipient shall be exempt from Federal audit requirements for that
year,except as noted in 2 CFR 200.503 (Relation to other audit requirements),but records
shall be available for review or audit by appropriate officials of the Federal agency,the
State,and the Government Accountability Office.
11.1.3.Subrecipient Compliance Responsibility.A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is
properly performed and submitted when due in accordance with the Uniform Guidance.
Subrecipient shall prepare appropriate financial statements,including the schedule of
expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements)
and provide the auditor with access to personnel,accounts,books,records,supporting
documentation,and other information as needed for the auditor to perform the audit
required by Uniform Guidance Subpart F-Audit Requirements.
12.GRANT PRovIsIoNs FOR SUBRECIPIENT AGREEMENTS.
12.1.In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient,Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all Subcontractors
entered into by it pursuant to this Grant.
12.1.1.[Applicable to federally assisted construction Agreements.]Equal Employment
Opportunity.Except as otherwise provided under 41 CFR Part 60,all Agreements that
meet the definition of “federally assisted construction Agreement”in 41 CFR Part 60-1.3
shall include the equal opportunity clause provided under 41 CFR 60-1.4(b),in
accordance with Executive Order 11246,“Equal Employment Opportunity”(30 FR
12319,12935,3 CFR Part,1964-1965 Comp.,p.339),as amended by Executive Order
11375,“Amending Executive Order 11246 Relating to Equal Employment Opportunity,”
and implementing regulations at 41 CFR part 60,Office of Federal Agreement
Compliance Programs,Equal Employment Opportunity,Department of Labor.
12.1.2.[Applicable to on-site employees working on government-funded construction,alteration
and repair projects.]Davis-Bacon Act.Davis-Bacon Act,as amended (40 U.S.C.3 141-
3148).
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EXHIBIT A TO RESOLUTION 2024-099
12.1.3.Rights to Inventions Made Under a grant or agreement.If the Federal Award meets the
definition of “funding agreement”under 37 CFR 401.2 (a)and the Prime Recipient or
Subrecipient wishes to enter into an Agreement with a small business firm or nonprofit
organization regarding the substitution of parties,assignment or performance of
experimental,developmental,or research work under that “funding agreement,”the
Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants,Agreements and Cooperative Agreements,”and any implementing
regulations issued by the Federal Awarding Agency.
12.1.4.Clean Air Act (42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act (33
U.S.C.1251-1387),as amended.Agreements and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-Federal awardees to agree to
comply with all applicable standards,orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C.7401-767 lq)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 Agreement award
(see 2 CFR 180.220)must not be made to parties listed on the government wide
exclusions in SAM,in accordance with the 0MB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp.,p.189)and 12689 (3 CFR part 1989
Comp.,p.235),“Debarment and Suspension.”SAM Exclusions contains the names of
parties debarred,suspended,or otherwise excluded by agencies,as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
12.1.6.Byrd Anti-Lobbying Amendment (31 U.S.C.1352).Contractors that apply or bid for an
award exceeding $100,000 must file the required certification.Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency,a member of Congress,officer or employee of Congress,or an employee of a
member of Congress in connection with obtaining any Federal Agreement,grant or any
other award covered by 31 U.S.C.1352.Each tier must also disclose any lobbying with
non-Federal fUnds that takes place in connection with obtaining any Federal award.Such
disclosures are forwarded from tier to tier up to the non-Federal award.
12.1.7.Never Contract with the Enemy (2 CFR 200.215).Federal awarding agencies and
recipients are subject to the regulations implementing “Never Contract with the Enemy”
in 2 CFR part 183.The regulations in 2 CFR part 183 affect covered Agreements,grants
and cooperative agreements that are expected to exceed $50,000 within the period of
performance,are performed outside the United States and its territories,and are in support
of a contingency operation in which members of the Armed Forces are actively engaged
in hostilities.
12.1.8.Prohibition on certain telecommunications and video surveillance services or equipment
(2 CFR 200.2 16).Grantee is prohibited from obligating or expending loan or grant funds
on certain telecommunications and video surveillance services or equipment pursuant to
2 CFR 200.216.
Exhibit V Page 14 of 16 version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
12.1.9.Title VI of the Civil Rights Act.The Subgrantee,Contractor,Subcontractor,transferee,and
assignee shall comply with Title VI of the Civil Rights Act of 1964,which prohibits
recipients of federal financial assistance from excluding from a program or activity,denying
benefits of,or otherwise discriminating against a person on the basis of race,color,or national
origin (42 U.S.C.§2000d et seq.),as implemented by the Department of Treasury’s Title VI
regulations,31 CFR Part 22,which are herein incorporated by reference and made a part of
this Agreement (or agreement).Title VI also includes protection to persons with “Limited
English Proficiency”in any program or activity receiving federal financial assistance,42 U.S.
C.§2000d et seq.,as implemented by the Department of the Treasury’s Title VI regulations,
31 CRF Part 22,and herein incorporated by reference and made part of this Agreement or
agreement.
13.CERTIFICATIONS.
13.1.Subrecipient Certification.Subrecipient shall sign a “State of Colorado Agreement with
Recipient of Federal Recovery Funds”Certification Form in Exhibit E and submit to State
Agency with signed grant agreement.
13.2.Unless prohibited by Federal statutes or regulations,Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes or
regulations on an annual basis.2 CFR 200.208.Submission may be required more frequently
if Subrecipient fails to meet a requirement of the Federal award.Subrecipient shall certi&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.ExnwrIoNS.
14.1.These Federal Provisions do not apply to an individual who receives an Award as a natural
person,unrelated to any business or non-profit organization he or she may own or operate in
his or her name.
14.2.A Grantee with gross income from all sources of less than $300,000 in the previous tax year
is exempt from the requirements to report Subawards and the Total Compensation of its most
highly compensated Executives.
15.Evucr OF DEFAULT AND TERMiNATION.
15.1.Failure to comply with these Federal Provisions shall constitute an event of default under the
Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if
the default remains uncured five calendar days following the termination of the 30-day notice
period.This remedy will be in addition to any other remedy available to the State of Colorado
under the Grant,at law or in equity.
15.2.Termination (2 CFR 200.340).The Federal Award may be terminated in whole or in part as
follows:
15.2.1.By the Federal Awarding Agency or Pass-through Entity,if a Non-Federal Entity fails to
comply with the terms and conditions of a Federal Award;
15.2.2.By the Federal awarding agency or Pass-through Entity,to the greatest extent authorized
bylaw,if an award no longer effectuates the program goals or agency priorities;
Exhibit D Page 15 of 16 version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
15.2.3.By the Federal awarding agency or Pass-through Entity with the consent of the Non
Federal Entity,in which case the two parties must agree upon the tennination conditions,
including the effective date and,in the case of partial termination,the portion to be
terminated;
15.2.4.By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-
through Entity written notification setting forth the reasons for such termination,the
effective date,and,in the case of partial termination,the portion to be terminated.
However,if the Federal Awarding Agency or Pass-through Entity determines in the case
of partial termination that the reduced or modified portion of the Federal Award or
Subaward will not accomplish the purposes for which the Federal Award was made,the
Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its
entirety;or
15.2.5.By the Federal Awarding Agency or Pass-through Entity pursuant to termination
provisions included in the Federal Award.
Exhibit D Page 16 of 16 version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
Exhibit E,AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY
FUNDS
Section 602(b)of the Social Security Act (the Act),as added by section 9901 of the American
Rescue Plan Act (ARPA),Pub.L.No.117-2 (March 11,2021),authorizes the Department of
the Treasury (Treasury)to make payments to certain Subrecipients from the Coronavirus State
Fiscal Recovery Fund.The State of Colorado has signed and certified a separate agreement with
Treasury as a condition of receiving such payments from the Treasury.This agreement is
between your organization and the State and your organization is signing and certif3,ing the
same terms and conditions included in the State’s separate agreement with Treasury.Your
organization is referred to as a Subrecipient.
As a condition of your organization receiving federal recovery fUnds from the State,the
authorized representative below hereby (i)certifies that your organization will carry out the
activities listed in section 602(c)of the Act and (ii)agrees to the terms attached hereto.Your
organization also agrees to use the federal recovery funds as specified in bills passed by the
General Assembly and signed by the Governor.
Under penalty of perjury,the undersigned official certifies that the authorized representative
has read and understood the organization’s obligations in the Assurances of Compliance and
Civil Rights Requirements,that any information submitted in conjunction with this assurances
document is accurate and complete,and that the organization is in compliance with the
nondiscrimination requirements.
Subrecipient Name
Authorized Representative:
Title:
Signature:____________________________
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EXHIBIT A TO RESOLUTION 2024-099
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
TERMS AND CONDITIONS
Use of Funds.
a.Subrecipient understands and agrees that the funds disbursed under this award may only
be used in compliance with section 602(c)of the Social Security Act (the Act)and
Treasury’s regulations implementing that section and guidance.
b.Subrecipient will determine prior to engaging in any project using this assistance that
it has the institutional,managerial,and financial capability to ensure proper planning,
management,and completion of such project.
2.Period of Performance.The period of performance for this subaward is shown on page one
of this Agreement.Subrecipient may use funds to cover eligible costs incurred,as set forth
in Treasury’s implementing regulations,during this period of performance.
3.Reporting.Subrecipient agrees to comply with any reporting obligations established by Treasury
as they relate to this award.Subrecipient also agrees to comply with any reporting requirements
established by the Governor’s Office and Office of the State Controller.The State will provide
notice of such additional reporting requirements via Exhibit G Reporting Modification Form.
4.Maintenance of and Access to Records
a.Subrecipient shall maintain records and fmancial documents sufficient to evidence
compliance with section 602(c),Treasury’s regulations implementing that section,and
guidance issued by Treasury regarding the foregoing.
b.The Treasury Office of Inspector General and the Government Accountability Office,
or their authorized representatives,shall have the right of access to records (electronic
and otherwise)of Subrecipient in order to conduct audits or other investigations.
c.Records shall be maintained by Subrecipient for a period of five (5)years after all funds
have been expended or returned to Treasury,whichever is later.
Pre-award Costs.Pre-award costs,as defined in 2 C.F.R.§200.458,may not be paid with
funding from this award.
6.Administrative Costs.Subrecipient may use fUnds provided under this award to cover both
direct and indirect costs.Subrecipient shall follow guidance on administrative costs issued
by the Governor’s Office and Office of the State Controller.
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EXHIBIT A TO RESOLUTION 2024-099
7.Cost Sharing.Cost sharing or matching funds are not required to be provided by Subrecipient.
8.Conflicts of Interest.The State of Colorado understands and agrees it must maintain a conflict
of interest policy consistent with 2 C.F.R.§200.318(c)and that such conflict of interest policy
is applicable to each activity funded under this award.Subrecipient and Contractors must
disclose in writing to the Office of the State Controller or the pass-through entity,as appropriate,
any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R.§
200.112.The Office of the State Controller shall disclose such conflict to Treasury.
~Compliance with Applicable Law and Regulations.
a.Subrecipient agrees to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f)of the Act,and guidance
issued by Treasury regarding the foregoing.Subrecipient also agrees to comply with all
other applicable federal statutes,regulations,and executive orders,and Subrecipient
shall provide for such compliance by other parties in any agreements it enters into with
other parties relating to this award.
b.Federal regulations applicable to this award include,without limitation,the following:
i.Uniform Administrative Requirements,Cost Principles,and Audit
Requirements for Federal Awards,2 C.F.R.Part 200,other than such provisions
as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury.Subpart F Audit
Requirements of the Uniform Guidance,implementing the Single Audit Act,
shall apply to this award.
ii.Universal Identifier and System for Award Management (SAM),2 C.F.R.Part
25,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part
25 is hereby incorporated by reference.
iii.Reporting Subaward and Executive Compensation Information,2 C.F.R.Part
170,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Part
170 is hereby incorporated by reference.
iv.0MB Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement),2 C.F.R.Part 180,including the requirement to include a
term or condition in all lower tier covered transactions (Agreements and
Subcontractors described in 2 C.F.R.Part 180,subpart B)that the award is
subject to 2 C.F.R.Part 180 and Treasury’s implementing regulation at 31
C.F.R.Part 19.
v.Subrecipient Integrity and Performance Matters,pursuant to which the award
term set forth in 2 C.F.R.Part 200,Appendix XII to Part 200 is hereby
incorporated by reference.
Exhibit E Page 3 of 9 Version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
vi.Government wide Requirements for Drug-Free Workplace,31 C.F.R.Part 20.
vii.New Restrictions on Lobbying,31 C.F.R.Part 21.
viii.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C.§~4601-4655)and implementing regulations.
ix.Generally applicable federal environmental laws and regulations.
c.Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation,the following:
i.Title VI of the Civil Rights Act of 1964 (42 U.S.C.§~2000d et seq.)and
Treasury’s implementing regulations at 31 C.F.R.Part 22,which prohibit
discrimination on the basis of race,color,or national origin under programs or
activities receiving federal financial assistance;
ii.The Fair Housing Act,Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§~3601 et seq.),which prohibits discrimination in housing on the basis of
race,color,religion,national origin,sex,familial status,or disability;
iii.Section 504 of the Rehabilitation Act of 1973,as amended (29 U.S.C.§794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
iv.The Age Discrimination Act of 1975,as amended (42 U.S.C.§~6101 et seq.),
and Treasury’s implementing regulations at 31 C.F.R.Part 23,which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance;and
v.Title II of the Americans with Disabilities Act of 1990,as amended (42 U.S.C.
§~12101 et seq.),which prohibits discrimination on the basis of disability
under programs,activities,and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
Remedial Actions.In the event of Subrecipient’s noncompliance with section 602 of the
Act,other applicable laws,Treasury’s implementing regulations,guidance,or any
reporting or other program requirements,Treasury may impose additional conditions on
the receipt of a subsequent tranche of future award funds,if any,or take other available
remedies as set forth in 2 C.F.R.§200.339.In the case of a violation of section 602(c)of
the Act regarding the use of funds,previous payments shall be subject to recoupment as
Exhibit E Page 4 of 9 vasion 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
10 provided in section 602(e)of the Act and any additional payments may be subject to
withholding as provided in sections 602(b)(6)(A)(ii)(Ifl)of the Act,as applicable.
11.Hatch Act.Subrecipient agrees to comply,as applicable,with requirements of the Hatch Act
(5 U.S.C.~1501-1508 and 7324-7328),which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity financed
in whole or in part by this federal assistance.
12 False Statements.Subrecipient understands that making false statements or claims in
connection with this award is a violation of federal law and may result in criminal,civil,or
administrative sanctions,including fines,imprisonment,civil damages and penalties,
debarment from participating in federal awards or Agreements,and/or any other remedy
available by law.
13.Publications.Any publications produced with funds from this award must display the
following language:“This project [is being][was]supported,in whole or in part,by
federal award number SLFRFO126 awarded to the State of Colorado by the U.S.
Department of the Treasury.”
14.Debts Owed the Federal Government.
a.Any fUnds paid to the Subrecipient (1)in excess of the amount to which the
Subrecipient is finally determined to be authorized to retain under the terms of this
award;(2)that are determined by the Treasury Office of Inspector General to have
been misused;or (3)that are determined by Treasury to be subject to a repayment
obligation pursuant to sections 602(e)and 603(b)(2)(D)of the Act and have not
been repaid by the Subrecipient shall constitute a debt to the federal government.
b.Any debts determined to be owed to the federal government must be paid promptly
by Subrecipient.A debt is delinquent if it has not been paid by the date specified in
Treasury’s initial written demand for payment,unless other satisfactory
arrangements have been made or if the Subrecipient knowingly or improperly
retains funds that are a debt as defmed in paragraph 14(a).Treasury will take any
actions available to it to collect such a debt.
15.Disclaimer.
a.The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons
resulting in death,bodily injury,property damages,or any other losses resulting in
any way from the performance of this award or any other losses resulting in any
way from the performance of this award or any Agreement,or Subcontractor under
this award.
b.The acceptance of this award by Subrecipient does not in any way establish an
agency relationship between the United States and Subrecipient.
16.Protections for Whistleblowers.
a.In accordance with 41 U.S.C.§4712,Subrecipient may not discharge,demote,or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below,information that the employee reasonably
Exhibit E Page 5 of 9 v~i~3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
believes is evidence of gross mismanagement of a federal Agreement or grant,a gross
waste of federal funds,an abuse of authority relating to a federal Agreement or grant,
a substantial and specific danger to public health or safety,or a violation of law,rule,
or regulation related to a federal Agreement (including the competition for or
negotiation of an Agreement)or grant.
b.The list of persons and entities referenced in the paragraph above includes the following:
1.A member of Congress or a representative of a committee of Congress;
ii.An Inspector General;
iii.The Government Accountability Office;
iv.A Treasury employee responsible for Agreement or grant oversight or
management;
v.An authorized official of the Department of Justice or other law enforcement
agency;
vi.Acourtorgrandjury;or
vii.A management official or other employee of Subrecipient,Contractor,or
Subcontractor who has the responsibility to investigate,discover,or
address misconduct.
c.Subrecipient shall inform its employees in writing of the rights and remedies provided
under this section,in the predominant native language of the workforce.
17.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,62 FR
19217 (Apr.18,1997),Subrecipient should encourage its Contractors to adopt and enforce
on-the-job seat belt policies and programs for their employees when operating company
owned,rented or personally owned vehicles.
18.Reducing Text Messaging While Driving.Pursuant to Executive Order 13513,74 FR 51225
(Oct.6,2009),Subrecipient should encourage its employees,Subrecipients,and Contractors
to adopt and enforce policies that ban text messaging while driving,and Subrecipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
Exhibit E Page 6 of 9 Version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS
REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI
OFTHECIVILRIGHTSACTOF 1964
As a condition of receipt of federal financial assistance from the Department of the
Treasury,the Subrecipient provides the assurances stated herein.The federal financial assistance
may include federal grants,loans and Agreements to provide assistance to the Subrecipient’s
beneficiaries,the use or rent of Federal land or property at below market value,Federal training,a
loan of Federal personnel,subsidies,and other arrangements with the intention of providing
assistance.Federal financial assistance does not encompass Agreements of guarantee or insurance,
regulated programs,licenses,procurement Agreements by the Federal government at market value,
or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available
through the Department of the Treasury,including any assistance that the Subrecipient may request
in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances
apply to all of the operations of the Subrecipient’s program(s)and activity(ies),so long as any
portion of the Subrecipient’s program(s)or activity(ies)is federally assisted in the manner
prescribed above.
1.Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of
1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or
subjection to discrimination under programs and activities receiving federal financial assistance,
of any person in the United States on the ground of race,color,or national origin (42 U.S.C.§
2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166,directives,circulars,
policies,memoranda,and/or guidance documents.
2.Subrecipient acknowledges that Executive Order 13166,“Improving Access to Services for
Persons with Limited English Proficiency,”seeks to improve access to federally assisted
programs and activities for individuals who,because of national origin,have Limited English
proficiency (LEP).Subrecipient understands that denying a person access to its programs,
services,and activities because of LEP is a form of national origin discrimination prohibited
under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s
implementing regulations.Accordingly,Subrecipient shall initiate reasonable steps,or comply
with the Department of the Treasury’s directives,to ensure that LEP persons have meaningful
access to its programs,services,and activities.Subrecipient understands and agrees that
meaningful access may entail providing language assistance services,including oral
interpretation and written translation where necessary,to ensure effective communication in the
Subrecipient’s programs,services,and activities.
3.Subrecipient agrees to consider the need for language services for LEP persons when
Subrecipient develops applicable budgets and conducts programs,services,and activities.As a
resource,the Department of the Treasury has published its LEP guidance at 70 FR 6067.For
more information on taking reasonable steps to provide meaningful access for LEP persons,
please visit http://www.lep.gov.
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EXHIBIT A TO RESOLUTION 2024-099
4.Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
of continued receipt of federal financial assistance and is binding upon Subrecipient and
Subrecipient’s successors,transferees,and assignees for the period in which such assistance is
provided.
5.Subrecipient acknowledges and agrees that it must require any sub-grantees,contractors,
subcontractors,successors,transferees,and assignees to comply with assurances 14 above,
and agrees to incorporate the following language in every Agreement or agreement subject to
Title VI and its regulations between the Subrecipient and the Subrecipient’s sub-grantees,
Contractors,Subcontractors,successors,transferees,and assignees:
The sub-grantee,Con tractor,Subcontractor,successor,transferee,and assignee shall comply
with Title VI of the Civil Rights Act of 1964,which prohibits Subrecipients offederalfinancial
assistance from excluding from a program or activity,denying benefits of or otherwise
discriminating against a person on the basis of race,color,or national origin (42 US.C.§
2000d et seq.),as implemented by the Department of the Treasury’s Title VI regulations,31
CFR Part 22,which are herein incorporated by reference and made a pan of this Agreement
(or agreement).Title VI also includes protection to persons with “Limited English
Proficiency”in any program or activity receiving federalfinancial assistance,42
US.C §2000d et seq.,as implemented by the Department of the Treasury’s Title VI
regulations,31 CFR Pan 22,and herein incorporated by reference and made a pan of this
Agreement or agreement.
6.Subrecipient understands and agrees that if any real property or structure is provided or improved
with the aid of federal financial assistance by the Department of the Treasury,this assurance
obligates the Subrecipient,or in the case of a subsequent transfer,the transferee,for the period
during which the real property or structure is used for a purpose for which the federal financial
assistance is extended or for another purpose involving the provision of similar services or benefits.
If any personal property is provided,this assurance obligates the Subrecipient for the period during
which it retains ownership or possession of the property.
7.Subrecipient shall cooperate in any enforcement or compliance review activities by the
Department of the Treasury of the aforementioned obligations.Enforcement may include
investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that
may result from these actions.The Subrecipient shall comply with information requests,on-site
compliance reviews and reporting requirements.
8.Subrecipient shall noti&the OSC,who will report to the Department of Treasury,any complaints
of discrimination on the grounds of race,color,or national origin,and limited English proficiency
covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide,
upon request,a list of all such reviews or proceedings based on the complaint,pending or
completed,including outcome.
9.Subrecipient must provide documentation of an administrative agency’s or court’s findings
of non-compliance of Title VI and efforts to address the non-compliance,including any
voluntary compliance or other agreements between the Subrecipient and the administrative
agency that made the finding.If the Subrecipient settles a case or matter alleging such
discrimination,the Subrecipient must provide documentation of the settlement.If
Exhibit E Page 8 of 9 Version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
Subrecipient has not been the subject of any court or administrative agency finding of
discrimination,please so state.
10.If the Subrecipient makes sub-awards to other agencies or other entities,the Subrecipient is
responsible for ensuring that sub-Subrecipients also comply with Title VI and other applicable
authorities covered in this document State agencies that make sub-awards must have in place
standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub-Subrecipients.
The United States of America has the right to seek judicial enforcement of the tenns of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the
United States may take in order to address violations of this document or applicable federal law.
Exhibit E Page 9 of 9 version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
EXHIBIT F,SLFRI?SUBRECIPIENT QUARTERLY REPORT
1.SLFRF SUBRECIPIENT QUARTERLY REPORT WORKBOOK
1.1 The SLFRF Subrecipient Quarterly Report Workbook must be submitted to the State Agency
within ten (10)days following each quarter ended September,December,March and June.
The SLFRF Subrecipient Quarterly Report Workbook can be found at:
httvs~//osc.co1orado.gov/american-rescue-plan-act (see SLFRF Grant Agreement Templates
tab)
Exhibit F Page 1 of!Version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
Exhibit G -SAMPLE SLFRF REPORTING MODIFICATION FORM
Grantee:Grant Agreement No:
Project Title:Project No:
Project Duration:I To:I From:
State Agency:
This form serves as notification that there has been a change to the reporting requirements set forth in
the original SLFRF Grant Agreement.
The following reporting requirements have been (add!remove additional rows as necessary):
Updated Reporting Project Number Re~iiffñi Rejñfremenf
Requirement
Add/DeIetelM
By signing this form,the Grantee agrees to and acknowledges the changes to the reporting
requirements set forth in the original SLFRF Grant Agreement.All other terms and conditions of the
original SLFRF Grant Agreement,with any approved modifications,remain in uuill force and effect.
Grantee shall submit this form to the State Agency within 10 business days of the date sent by that
Agency.
Grantee Date
State Agency Grant Manager Date
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EXHIBIT A TO RESOLUTION 2024-099
EXHIBIT H-Ph CERTIFICATION
STATE OF COLORADO
THIRD PARTY INDIVIDUAL CERTIFICATION FOR ACCESS TO P11 THROUGH A
DATABASE OR AUTOMATED NETWORK
Pursuant to §24-74-105,C.R.S.,I hereby certil~’under the penalty of perjury that I have not and will
not use or disclose any Personal hdentii~’ing Information,as defined by §24-74-102(1),C.R.S.,for the
purpose of investigating for,participating in,cooperating with,or assisting Federal Immigration
Enforcement,including the enforcement of civil immigration laws,and the Illegal Immigration and
Immigrant Responsibility Act,which is codified at 8 U.S.C.§~1325 and 1326,unless required to do so
to comply with Federal or State law,or to comply with a court-issued subpoena,warrant or order.
Signature:__________________________
Printed Name:________________________
Date:
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EXHIBIT A TO RESOLUTION 2024-099
EXHIBIT H-Ph CERTIFICATION
STATE OF COLORADO
THIRD PARTY ENTITY /ORGANIZATION CERTIFICATION FOR ACCESS TO LII
THROUGH A DATABASE OR AUTOMATED NETWORK
Pursuant to §24-74-105,C.R.S.,I,________________,on behalf of________________________
(legal name of entity /organization)(the “Organization”),hereby certi&under the penalty of peijury
that the Organization has not and will not use or disclose any Personal Identii~ring Information,as
defined by §24-74-102(1),C.R.S.,for the purpose of investigating for,participating in,cooperating
with,or assisting Federal Inunigration Enforcement,including the enforcement of civil immigration
laws,and the Illegal Immigration and Immigrant Responsibility Act,which is codified at 8 U.S.C.§§
1325 and 1326,unless required to do so to comply with Federal or State law,or to comply with a court-
issued subpoena,warrant or order.
I hereby represent and certi&that I have full legal authority to execute this certification on behalf of the
Organization.
Signature:
Printed Name:
Title:_______________________________
Date:
Exhibit H Page 2 of 2 Version 322.2024
EXHIBIT A TO RESOLUTION 2024-099
EXHIBIT I -HIPAA BUSINESS ASSOCIATE AGREEMENT
This HIPAA Business Associate Agreement (“Agreement”)between the State and Contractor is agreed
to in connection with,and as an exhibit to,the Contract.For purposes of this Agreement,the State is
referred to as “Covered Entity”and the Contractor is referred to as “Business Associate”.Unless the
context clearly requires a distinction between the Contract and this Agreement,all references to
“Contract”shall include this Agreement.
1.Purpose
Covered Entity wishes to disclose information to Business Associate,which may include Protected
Health Information (“PHI”).The Parties intend to protect the privacy and security of the disclosed PHI
in compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”),Pub.
L.No.104-19 1 (1996)as amended by the Health Information Technology for Economic and Clinical
Health Act C’HITECH Act”)enacted under the American Recovery and Reinvestment Act of 2009
(“AREA”)Pub.L.No.111 5 (2009),implementing regulations promulgated by the U.S.Department
of Health and Human Services at 45 C.F.R.Parts 160,162 and 164 (the “HIPAA Rules”)and other
applicable laws,as amended.Prior to the disclosure of PHI,Covered Entity is required to enter into an
agreement with Business Associate containing specific requirements as set forth in,but not limited to,
Title 45,Sections 160.103,164.502(e)and 164.504(e)of the Code of Federal Regulations (“C.F.R.”)
and all other applicable laws and regulations,all as may be amended.
2.Definitions
The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules:
Breach,Data Aggregation,Designated Record Set,Disclosure,Health Care Operations,Individual,
Minimum Necessary,Notice of Privacy Practices,Protected Health Information,Required by Law,
Secretary,Security Incident,Subcontractor,Unsecured Protected Health Information,and Use.
The following terms used in this Agreement shall have the meanings set forth below:
a.Business Associate.“Business Associate”shall have the same meaning as the term “business
associate”at 45 C.F.R.160.103,and shall refer to Contractor.
b.Covered Entity.“Covered Entity”shall have the same meaning as the term “covered entity”
at 45 C.F.R.160.103,and shall refer to the State.
c.Information Technology and Information Security.“Information Technology”and
“Information Security”shall have the same meanings as the terms “information technology”
and “information security”,respectively,in §24-37.5-102,C.R.S.
Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the
meanings ascribed to them in the Contract.
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EXHIBIT A TO RESOLUTION 2024-099
3.Obligations and Activities of Business Associate
a.Permitted Uses and Disclosures.
i.Business Associate shall use and disclose PHI only to accomplish Business
Associate’s obligations under the Contract.
i.To the extent Business Associate carries out one or more of Covered Entity’s
obligations under Subpart E of 45 C.F.R.Part 164,Business Associate shall comply
with any and all requirements of Subpart F that apply to Covered Entity in the
performance of such obligation.
ii.Business Associate may disclose PHI to carry out the legal responsibilities of
Business Associate,provided,that the disclosure is Required by Law or Business
Associate obtains reasonable assurances from the person to whom the information is
disclosed that:
A.the information will remain confidential and will be used or disclosed only as
Required by Law or for the purpose for which Business Associate originally
disclosed the information to that person,and;
B.the person notifies Business Associate of any Breach involving PHI of which
it is aware.
iii.Business Associate may provide Data Aggregation services relating to the Health
Care Operations of Covered Entity.Business Associate may de-identi&any or all
PHI created or received by Business Associate under this Agreement,provided the
de-identification conforms to the requirements of the HIPAA Rules.
b.Minimum Necessary.Business Associate,its Subcontractors and agents,shall access,use,
and disclose only the minimum amount of PHI necessary to accomplish the objectives of the
Contract,in accordance with the Minimum Necessary Requirements of the HIPAA Rules
including,but not limited to,45 C.F.R.164.502(b)and 164.514(d).
c.Impermissible Uses and Disclosures.
i.Business Associate shall not disclose the PHI of Covered Entity to another covered
entity without the written authorization of Covered Entity.
ii.Business Associate shall not share,use,disclose or make available any Covered
Entity PHI in any form via any medium with or to any person or entity beyond the
boundaries or jurisdiction of the United States without express written authorization
from Covered Entity.
d.Business Associate’s Subcontractors.
i.Business Associate shall,in accordance with 45 C.F.R.164.502(e)(1)(ii)and
I 64.308(b)(2),ensure that any Subcontractors who create,receive,maintain,or
Exhibit I Page 2 of 10 version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
transmit PHI on behalf of Business Associate agree in writing to the same restrictions,
conditions,and requirements that apply to Business Associate with respect to
safeguarding PHI.
ii.Business Associate shall provide to Covered Entity,on Covered Entity’s request,a
list of Subcontractors who have entered into any such agreement with Business
Associate.
iii.Business Associate shall provide to Covered Entity,on Covered Entity’s request,
copies of any such agreements Business Associate has entered into with
Subcontractors.
e.Access to System.If Business Associate needs access to a Covered Entity Information
Technology system to comply with its obligations under the Contract or this Agreement,
Business Associate shall request,review,and comply with any and all policies applicable to
Covered Entity regarding such system including,but not limited to,any policies promulgated
by the Office of Information Technology and available at http://oit.state.co.us/aboutlpolicies.
f.Access to PHI.Business Associate shall,within ten days of receiving a written request from
Covered Entity,make available PHI in a Designated Record Set to Covered Entity as
necessary to satisfy Covered Entity’s obligations under 45 C.F.R.164.524.
g.Amendment of PHI.
i.Business Associate shall within ten days of receiving a written request from Covered
Entity make any amendment to PHI in a Designated Record Set as directed by or
agreed to by Covered Entity pursuant to 45 C.F.R.164.526,or take other measures as
necessary to satisfy Covered Entity’s obligations under 45 C.F.R.164.526.
ii.Business Associate shall promptly forward to Covered Entity any request for
amendment of PHI that Business Associate receives directly from an Individual.
h.Accounting Rights.Business Associate shall,within ten days of receiving a written request
from Covered Entity,maintain and make available to Covered Entity the information
necessary for Covered Entity to satisfy its obligations to provide an accounting of Disclosure
under 45 C.F.R.164.528.
i.Restrictions and Confidential Communications.
i.Business Associate shall restrict the Use or Disclosure of an Individual’s PHI within
ten days of notice from Covered Entity of:
A.a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R.164.522;or
B.a request for confidential communication of PHI pursuant to 45 C.F.R.
164.522.
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EXHIBIT A TO RESOLUTION 2024-099
ii.Business Associate shall not respond directly to an Individual’s requests to restrict
the Use or Disclosure of PHI or to send all communication of PHI to an alternate
address.
iii.Business Associate shall refer such requests to Covered Entity1so that Covered Entity
can coordinate and prepare a timely response to the requesting Individual and provide
direction to Business Associate.
j.Governmental Access to Records.Business Associate shall make its facilities,internal
practices,books,records,and other sources of information,including PHI,available to the
Secretary for purposes of determining compliance with the HIPAA Rdles in accordance with
45 C.F.R.160.3 10.
k.Audit,Inspection and Enforcement.
i.Business Associate shall obtain and update at least annually a written assessment
performed by an independent third party reasonably acceptable to Covered Entity,
which evaluates the Information Security of the applications,infrastructure,and
processes that interact with the Covered Entity data Business Associate receives,
manipulates,stores and distributes.Upon request by Covered Entity,Business
Associate shall provide to Covered Entity the executive sumn~ary of the assessment.
ii.Business Associate,upon the request of Covered Entity,shall fully cooperate with
Covered Entity’s efforts to audit Business Associate’s compliance with applicable
HIPAA Rules.If,through audit or inspection,Covered Entity determines that
Business Associate’s conduct would result in violation of the HIPAA Rules or is in
violation of the Contract or this Agreement,Business Associate shall promptly
remedy any such violation and shall certi&completion of ~th remedy in writing to
Covered Entity.
I.Appropriate Safeguards.
i.Business Associate shall use appropriate safeguards and comply with Subpart C of 45
C.F.R.Part 164 with respect to electronic PHI to prevent use or disclosure of PHI
other than as provided in this Agreement.
ii.Business Associate shall safeguard the PHI from tampering and unauthorized
disclosures.
iii.Business Associate shall maintain the confidentiality of passwords and other data
required for accessing this information.
iv.Business Associate shall extend protection beyond the initial information obtained
from Covered Entity to any databases or collections of PHI ~ontaiffing information
derived from the PHI.The provisions of this section shall be in force unless PHI is
de-identified in conformance to the requirements of the HIPAA Rules.
m.Safeguard During Transmission.
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EXHIBIT A TO RESOLUTION 2024-099
i.Business Associate shall use reasonable and appropriate safeguards including,
without limitation,Information Security measures to ensure that all transmissions of
PHI are authorized and to prevent use or disclosure of PHI other than as provided for
by this Agreement.
ii.Business Associate shall not transmit PHI over the internet or any other insecure or
open communication channel unless the PHI is encrypted or otherwise safeguarded
with a FIPS-compliant encryption algorithm.
n.Reporting of Improper Use or Disclosure and Notification of Breach.
i.Business Associate shall,as soon as reasonably possible,but immediately after
discovery of a Breach,noti&Covered Entity of any use or disclosure of PHI not
provided for by this Agreement,including a Breach of Unsecured Protected Health
Information as such notice is required by 45 C.F.R.164.410 or a breach for which
notice is required under §24-73-103,C.R.S.
ii.Such notice shall include the identification of each Individual whose Unsecured
Protected Health Information has been,or is reasonably believed by Business
Associate to have been,accessed,acquired,or disclosed during such Breach.
iii.Business Associate shall,as soon as reasonably possible,but immediately after
discovery of any Security Incident that does not constitute a Breach,noti&Covered
Entity of such incident.
iv.Business Associate shall have the burden of demonstrating that all notifications were
made as required,including evidence demonstrating the necessity of any delay.
o.Business Associate’s Insurance and Notification Costs.
i.Business Associate shall bear all costs of a Breach response including,without
limitation,notifications,and shall maintain insurance to cover:
A.loss of PHI data;
B.Breach notification requirements specified in HIPAA Rules and in §24-73-
103,C.R.S.;and
C.claims based upon alleged violations of privacy rights through improper use
or disclosure of PHI.
ii.All such policies shall meet or exceed the minimum insurance requirements of the
Contract or otherwise as may be approved by Covered Entity (e.g.,occurrence basis,
combined single dollar limits,annual aggregate dollar limits,additional insured
status,and notice of cancellation).
Exhibit I Page 5 of 10 vasion 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
iii.Business Associate shall provide Covered Entity a point of contact who possesses
relevant Information Security knowledge and is accessible 24 hours per thy,7 days
per week to assist with incident handling.
iv.Business Associate,to the extent practicable,shall mitigate any harmful effect known
to Business Associate of a Use or Disclosure of PER by Business Associate in
violation of this Agreement.
p.Subcontractors and Breaches.
i.Business Associate shall enter into a written agreement with each of its
Subcontractors and agents,who create,receive,maintain,or transmit PHI on behalf
of Business Associate.The agreements shall require such Subcontractors and agents
to report to Business Associate any use or disclosure of PHI n1ot provided for by this
Agreement,including Security Incidents and Breaches of Unsecured Protected Health
Information,on the first day such Subcontractor or agent knows or should have
known of the Breach as required by 45 C.F.R.164.410.
ii.Business Associate shall notifS’Covered Entity of any such report and shall provide
copies of any such agreements to Covered Entity on request.
q.Data Ownership.
i.Business Associate acknowledges that Business Associate has no ownership rights
with respect to the PHI.
ii.Upon request by Covered Entity,Business Associate immediately shall provide
Covered Entity with any keys to decrypt information that the Business Association
has encrypted and maintains in encrypted form,or shall provide such information in
unencrypted usable form.
r.Retention of PHI.Except upon termination of this Agreement as provided in Section 5 below,
Business Associate and its Subcontractors or agents shall retain all PHI throughout the term
of this Agreement,and shall continue to maintain the accounting of disclosures required
under Section 3.h above,for a period of six years.
4.Obligations of Covered Entity
a.Safeguards During Transmission.Covered Entity shall be responsible for using appropriate
safeguards including encryption of PHI,to maintain and ensure the confidentiality,integrity,
and security of PHI transmitted pursuant to this Agreement,in accordance with the standards
and requirements of the HIPAA Rules.
b.Notice of Changes.
i.Covered Entity maintains a copy of its Notice of Privacy Practices on its website.
Covered Entity shall provide Business Associate with any changes in,or revocation of,
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EXHIBIT A TO RESOLUTION 2024-099
permission to use or disclose PHI,to the extent that it may affect Business Associate’s
permitted or required uses or disclosures.
ii.Covered Entity shall noti&Business Associate of any restriction on the use or
disclosure of PHI to which Covered Entity has agreed in accordance with 45 C.F.R.
I 64.522,to the extent that it may affect Business Associate’s permitted use or
disclosure of PHI.
5.Termination
a.Breach.
i.In addition to any Contract provision regarding remedies for breach,Covered Entity
shall have the right,in the event of a breach by Business Associate of any provision
of this Agreement,to terminate immediately the Contract,or this Agreement,or both.
ii.Subject to any directions from Covered Entity,upon termination of the Contract,this
Agreement,or both,Business Associate shall take timely,reasonable,and necessary
action to protect and preserve property in the possession of Business Associate in
which Covered Entity has an interest.
b.Effect of Termination.
i.Upon termination of this Agreement for any reason,Business Associate,at the option
of Covered Entity,shall return or destroy all PHI that Business Associate,its agents,
or its Subcontractors maintain in any form,and shall not retain any copies of such
PHI.
ii.If Covered Entity directs Business Associate to destroy the PHI,Business Associate
shall certilS’in writing to Covered Entity that such PHI has been destroyed.
iii.If Business Associate believes that returning or destroying the PHI is not feasible,
Business Associate shall promptly provide Covered Entity with notice of the
conditions making return or destruction infeasible.Business Associate shall continue
to extend the protections of Section 3 of this Agreement to such PHI,and shall limit
further use of such PHI to those purposes that make the return or destruction of such
PHI infeasible.
6.Injunctive Relief
Covered Entity and Business Associate agree that ineparable damage would occur in the event
Business Associate or any of its Subcontractors or agents use or disclosure of PHI in violation of this
Agreement,the HIPAA Rules or any applicable law.Covered Entity and Business Associate further
agree that money damages would not provide an adequate remedy for such Breach.Accordingly,
Covered Entity and Business Associate agree that Covered Entity shall be entitled to injunctive relief,
Exhibit I Page 7 of 10 version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
specific perfonnance,and other equitable relief to prevent or restrain any Breach or threatened Breach
of and to enforce specifically the tenns and provisions of this Agreement.
7.Limitation of Liability
Any provision in the Contract limiting Contractor’s liability shall not apply to Business Associate’s
liability under this Agreement,which shall not be limited.
8.Disclaimer
Covered Entity makes no warranty or representation that compliance by Business Associate with this
Agreement or the HIPA.A Rules will be adequate or satisfactory for Business Associate’s own
purposes.Business Associate is solely responsible for all decisions made and actions taken by
Business Associate regarding the safeguarding of pm.
9.Certification
Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate’s
Information Security practices.Covered Entity or its authorized agent or contrac~or shall have the right
to examine Business Associate’s facilities,systems,procedures,and records,at Covered Entity’s
expense,if Covered Entity determines that examination is necessary to certify that Business
Associate’s Information Security safeguards comply with the HIPAA Rules or this Agreement.
10.Amendment
a.Amendment to Comply with Law.The Parties acknowledge that state and federal laws and
regulations relating to data security and privacy are rapidly evolving and that amendment of
this Agreement may be required to provide procedures to ensure compliance with such
developments.
i.In the event of any change to state or federal laws and regulations relating to data
security and privacy affecting this Agreement,the Parties~shall take such action
as is necessary to implement the changes to the standards and requirements of
HIPAA,the HIPAA Rules and other applicable r&les relating to the
confidentiality,integrity,availability and security of PHI with respect to this
Agreement.
ii.Business Associate shall provide to Covered Entity written assurance satisfactory
to Covered Entity that Business Associate shall adequately safeguard all PHI,and
obtain written assurance satisfactory to Covered Entity from Business Associate’s
Subcontractors and agents that they shall adequately safeguard all PHI.
iii.Upon the request of either Party,the other Party promptly shall negotiate in good
faith the terms of an amendment to the Contract embodying written assurances
consistent with the standards and requirements of HIPAA,the HIPAA Rules,or
other applicable rules.
Exhibit I Page 8 of 10 v~ion 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
iv.Covered Entity may terminate this Agreement upon 30 days’prior written notice in
the event that:
A.Business Associate does not promptly enter into negotiations to amend the
Contract and this Agreement when requested by Covered Entity pursuant to
this Section;or
B.Business Associate does not enter into an amendment to the Contract and this
Agreement,which provides assurances regarding the safeguarding of PHI
sufficient,in Covered Entity’s sole discretion,to satisfy the standards and
requirements of the HIPAA,the HIPAA Rules and applicable law.
b.Amendment of Appendix.The Appendix to this Agreement may be modified or amended by
the mutual written agreement of the Parties,without amendment of this Agreement.Any
modified or amended Appendix agreed to in writing by the Parties shall supersede and replace
any prior version of the Appendix.
11.Assistance in Litigation or Administrative Proceedings
Covered Entity shall provide written notice to Business Associate if litigation or administrative
proceeding is commenced against Covered Entity,its directors,officers,or employees,based on a
claimed violation by Business Associate of HIPAA,the HIPAA Rules or other laws relating to security
and privacy or PHI.Upon receipt of such notice and to the extent requested by Covered Entity,
Business Associate shall,and shall cause its employees,Subcontractors,or agents assisting Business
Associate in the performance of its obligations under the Contract to,assist Covered Entity in the
defense of such litigation or proceedings.Business Associate shall,and shall cause its employees,
Subcontractor’s and agents to,provide assistance,to Covered Entity,which may include testifying as a
witness at such proceedings.Business Associate or any of its employees,Subcontractors or agents
shall not be required to provide such assistance if Business Associate is a named adverse party.
12.Interpretation and Order of Precedence
Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is
consistent with the HIPAA Rules.In the event of an inconsistency between the Contract and this
Agreement,this Agreement shall control.This Agreement supersedes and replaces any previous,
separately executed HIPAA business associate agreement between the Parties.
13.Survival
Provisions of this Agreement requiring continued performance,compliance,or effect after termination
shall survive termination of this contract or this agreement and shall be enforceable by Covered Entity.
Exhibit I Page 9 of 10 version 3.22.2024
EXHIBIT A TO RESOLUTION 2024-099
APPENDIX TO HIPAA BUSINESS ASSOCIATE AGREEMENT
This Appendix (“Appendix”)to the HIPAA Business Associate Agreement (“Agreement”)is s an
appendix to the Contract and the Agreement.For the purposes of this Appendix,äefined terms shall
have the meanings ascribed to them in the Agreement and the Contract.
Unless the context clearly requires a distinction between the Contract,the Agreement,and this
Appendix,all references to “Contract”or “Agreement”shall include this Appendix.
1.Purpose
This Appendix sets forth additional terms to the Agreement.Any sub-section of this Appendix marked
as “Reserved”shall be construed as seffing forth no additional terms.
2.Additional Terms
a.Additional Permitted Uses.In addition to those purposes set forth in the Agreement,Business
Associate may use PHI for the following additional purposes:
i.Reserved.
b.Additional Permitted Disclosures.In addition to those purposes set forth in the Agreement,
Business Associate may disclose PHI for the following additional purposes:
i.Reserved.
c.Approved Subcontractors.Covered Entity agrees that the following Subcontractors or agents
of Business Associate may receive PHI under the Agreement:
i.Reserved.
d.Definition of Receipt of PHI.Business Associate’s receipt of PHI under this Contract shall
be deemed to occur,and Business Associate’s obligations under the Agreement shall
commence,as follows:
i.Reserved.
e.Additional Restrictions on Business Associate.Business Associate agrees to comply with
the following additional restrictions on Business Associate’s use and disclosure of PHI under
the Contract:
i.Reserved.
f.Additional Terms.Business Associate agrees to comply with the following additional terms
under the Agreement:
i.Reserved.
Exhibit I Page 10 of 10 v~k~3.22.2024