HomeMy WebLinkAbout2022-109-11/01/2022-AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL GRANT AGREEMENT FOR AN AFFORDABLE HOUSING DEVERESOLUTION 2022-109
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL GRANT AGREEMENT FOR AN
AFFORDABLE HOUSING DEVELOPMENT INCENTIVES GRANT FROM THE
COLORADO DEPARTMENT OF LOCAL AFFAIRS
WHEREAS, in 2021 the Colorado General Assembly passed H.B.21-1271, creating the
Affordable Housing Development Incentives Grant program, managed by the Colorado
Department of Local Affairs (DOLA), to provide grants to local governments to develop one or
more affordable housing developments in their communities; and
WHEREAS, grants funds can be used to offset tap fees, infrastructure costs, and other
needs and amenities that support affordable housing projects; and
WHEREAS, in January 2022 DOLA invited the City to apply in the "Catalyst" round of
funding for a grant of $2.2 million; and
WHEREAS, Catalyst projects must be shovel-ready, exceed the requirements of the grant
guidelines, have demonstration value, and be able to spend the funds by June of 2024; and
WHEREAS, on November 2, 2021, the City Council adopted Ordinance No. 138, 2021,
authorizing the conveyance of the City-owned Affordable Housing Land Bank Property at 3620
Kechter Road to TWO, LLLP, to construct an affordable home-ownership townhome project (the
"Project"); and
WHEREAS, the Project still has a funding gap currently being covered by loans from
development partners to the Project; and
WHEREAS, on February 15, 2022, the City Council adopted Resolution 2022-029
supporting a grant application for a Catalyst grant to be used to pay water and wastewater tap fees
for the Project to the Fort Collins -Loveland Water District; and
WHEREAS, DOLA has awarded the City a grant of $2.2 million (the "Grant") to be used
for such purposes, subject to the City's execution of an Intergovernmental Grant Agreement
between the City and DOLA in substantially the form attached as Exhibit "A" and incorporated
herein by reference (the "IGA''); and
WHEREAS, the City will pass applicable obligations of the IGA on to TWG, LLLP,
through a sub-grant agreement between the City and TWG, LLLP; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that government
may cooperate or contract with one another to provide certain services or facilities when such
cooperation or contracts are authorized by each party thereto with the approval of its legislative
body or other authority having the power to so approve; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with other
governmental bodies; and
WHEREAS, City Code Section 1-22 requires the City Council to approve
intergovernmental agreements that require the City to make a direct monetary payment over
$50,000; and
WHEREAS, the Grant requires a City match, and DOLA considers the City's sale of the
Kechter Road Land Bank parcel to the Project for significantly less than fair market value pursuant
to Ordinance No. 138, 2021, a total subsidy of approximately $1,175,000, to be the City's in-kind
match for the Grant funds.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section l. That the City Council hereby makes and adopts the detenninations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the Mayor to execute the
Intergovernmental Grant Agreement with DOLA in substantially the fonn attached as Exhibit "A",
including such additional tenns and conditions as the City Manager, in consultation with the City
Attorney detennines to be necessary and appropriate to protect the interests of the City or
effectuate the purposes of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st
day of November, A.O. 2022.
State of Colorado Intergovernmental
Grant Agreement for SLFRF
COVER PAGE
State Agency
DEPARTMENT OF LOCAL AFFAIRS
Agreement CMS Number
176941
Grantee
City of Fort Collins
SAM UEI Number
LXN8TU3HC2Y4
CORE Doc ID Number
Agreement Performance Beginning Date
The later of the Effective Date or June 28, 2022
Agreement Maximum Amount
Initial Term Retainage (5%)
Agreement Expiration Date
March 31, 2024
State Fiscal Year 2023 $2,200,000.00 $110,000.00
Extension Terms Agreement Authority
This Intergovernmental Grant Agreement is
funded, in whole or in part, with Federal funds
made available pursuant to the Coronavirus
State and Local Fiscal Recovery Funds
program, a part of the American Rescue Plan
(Pub L. No. 117-2 (March 11, 2021)).
State Fiscal Year 20xx $0.00 $0.00
State Fiscal Year 20xx $0.00 $0.00
State Fiscal Year 20xx $0.00 $0.00
Total for All State Fiscal Years $2,200,000.00 $110,000.00
Agreement Title and Purpose
IHOI-INC003 Fort Collins Kechter Townhomes
The Project consists of providing cash incentives for construction of new affordable workforce housing in Fort Collins,
Colorado.
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
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 D, Federal Provisions
2. Exhibit E, Agreement with Subrecipient of Federal Recovery Funds
3. Colorado Special Provisions in §17 of the main body of this Agreement
4. Any executed Amendment or Option Letter/Exhibit B to this Agreement
5. The provisions of the other sections of the main body of this Agreement
6. Exhibit A, Statement of Work
7. Exhibit C, Budget
8. Exhibit F, SLFRF Subrecipient Quarterly Report
9. Exhibit G, SLFRF Reporting Modification Form
Principal Representatives
For the State:For Grantee:
Chantal Unfug, Director, Division of Local Government Jeni Arndt, Mayor
Department of Local Affairs City of Fort Collins
1313 Sherman Street, Room 521 PO Box 580
Denver, CO 80203 Fort Collins, CO 80522
chantal.unfug@state.co.us jarndt@fcgov.com
IHOI - SLFRF
EXHIBIT A
Agreement CMS Number: 176941 Page 2 of 14
Version 12.27.2021
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Awarding Agency US Department of the Treasury
Grant Program Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number 21.027
Federal Award Number SLFRP0126
Federal Award Date *May 18, 2021
Federal Award End Date December 31, 2024
Federal Statutory Authority Title VI of the Social Security Act, Section 602
Total Amount of Federal Award (this is not the award
amount of this Intergovernmental Grant Agreement)$3,828,761,790
* Funds may not be available through the Federal Award End Date subject to the provisions in §2 and §5 below.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A
Agreement CMS Number: 176941 Page 3 of 14
Version 12.27.2021
SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
GRANTEE
CITY OF FORT COLLINS
_______________________________________________
By: _________________________
Title: _________________________
Date: __________________________________
STATE OF COLORADO
Jared S. Polis, Governor
DEPARTMENT OF LOCAL AFFAIRS
Rick M. Garcia, Executive Director
______________________________________________
By: Rick M. Garcia, Executive Director
Date: _________________________
DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER
_______________________________________________
By: Mitch Hendrick, IHOI Program Manager
Date: __________________________________
In accordance with §24-30-202 C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate (the “Effective Date”).
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Beulah Messick, Controller Delegate
Department of Local Affairs
Effective Date:_____________________
VCUST#14149 ADDR CODE CN005 EFT DLG Portal # IHOI-INC003
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A
Jeni Arndt
Mayor
APPROVED AS TO FORM:
_______________________________
Sr. Assistant City Attorney
Agreement CMS Number: 176941 Page 4 of 14
Version 12.27.2021
1. GRANT
As of the Agreement Effective 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 Intergovernmental Grant Agreement. By
accepting the Grant Funds provided under this Intergovernmental Grant Agreement, Grantee
agrees to comply with the terms and conditions of this Intergovernmental 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
commence on the Agreement Effective Date and shall terminate on the Agreement 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 or executed Amendment or executed
Option Letter showing the new Agreement Expiration Date. If the Work will be performed
in multiple phases, the period of performance start and end date of each phase is detailed
under the Project Schedule in Exhibit A.
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 Intergovernmental 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.
EXHIBIT A
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3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A.“Agreement Effective Date” means the Agreement Effective Date shown on the first page
of this Intergovernmental Grant Agreement.
B.“Agreement Expiration Date” means the Agreement Expiration Date shown on the first
page of this Intergovernmental Grant Agreement.
C.“Budget” means the budget for the Work described in Exhibit C.
D.“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.
E.“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.
F.“CORA” means the Colorado Open Records Act, §§24-72-200.1,et seq., C.R.S.
G.“Exhibits” exhibits and attachments included with this Intergovernmental Grant Agreement
as shown on the first page of this Agreement.
H.“Extension Term” means the period of time by which the Agreement Expiration Date is
extended by the State through delivery of an executed amendment or option letter to this
Intergovernmental Grant Agreement.
I.“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.
J.“Federal Awarding Agency” means a Federal agency providing a Federal Award to a
Recipient. The U.S. Department of the Treasury (“Treasury”) is the Federal Awarding
Agency for the Federal Award which is the subject of this Grant.
K.“Goods” means any movable material acquired, produced, or delivered by Grantee as set
forth in this Intergovernmental Grant Agreement and shall include any movable material
acquired, produced, or delivered by Grantee in connection with the Services.
L.“Grant”means this Intergovernmental Grant Agreement.
M.“Grant Funds” means the SLFRF funds that have been appropriated, designated,
encumbered, or otherwise made available for payment by the State under this
Intergovernmental Grant Agreement.
N.“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.
EXHIBIT A
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O.“Initial Term” means the time period between the Agreement Effective Date and the
Agreement Expiration Date at the time of execution.
P.“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.
Q.“Matching Funds” means the funds provided by Grantee as a match required to receive the
Grant Funds.
R.“Party” means the State or Grantee, and “Parties” means both the State and Grantee.
S.“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.
T.“PII” means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual’s identity, such as name, social security number, date and place of birth,
mother’s maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §§24-72-501 and 24-73-101, C.R.S.
U.“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.
V.“Recipient” means the State Agency shown on the first page of this Intergovernmental Grant
Agreement, for the purposes of the Federal Award.
W.“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.
X.“SLFRF”means the Coronavirus State and Local Fiscal Recovery Funds program, a part of
the American Rescue Plan (Pub L. No. 117-2 (March 11, 2021)).
Y.“State Confidential Information” means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII, PHI,
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
EXHIBIT A
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such information; or (v) was independently developed without reliance on any State
Confidential Information.
Z.“State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
AA.“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.
BB.“State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
CC.“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.
DD.“Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of
the Work. “Subcontractor” also includes sub-grantees.
EE.“Subrecipient” means a state, local government, Indian tribe, institution of higher education
(IHE), or nonprofit organization entity that receives a Sub-Award from a Recipient to carry
out part of a Federal program, but does not include an individual that is a beneficiary of such
program. A Subrecipient may also be a recipient of other Federal Awards directly from a
Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient.
FF.“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.
GG.“Uniform Guidance” means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200,
commonly known as the “Super Circular, which supersedes requirements from OMB
Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular
A-50 on Single Audit Act follow-up.
HH.“Work” means the delivery of the Goods and performance of the Services described in this
Intergovernmental Grant Agreement.
II.“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 Agreement Effective
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.
EXHIBIT A
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4. STATEMENT OFWORK
Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and in
accordance with the provisions of Exhibit A. 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
State shall not be liable to pay or reimburse Grantee for any Work performed or expense
incurred before the Agreement Effective Date or after the Agreement Expiration Date;
provided, however, that Work performed and expenses incurred by Grantee before the
Agreement Effective 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 and described in Exhibit A (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 future 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 to tal
amount described in this Intergovernmental Grant Agreement for all allowable costs
described in this Intergovernmental Grant Agreement and shown in the Budget. 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).
EXHIBIT A
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E.Close Out
Grantee shall close out this Grant within 45 days after the Agreement 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 final
reimbursement request or invoice. The State will withhold 5% of allowable costs until all
final documentation has been submitted and accepted by the State as substantially complete.
If the Federal Awarding Agency has not closed this Federal Award within 1 year and 90 days
after the Agreement 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.
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.
EXHIBIT A
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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-STATERECORDS
A.Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy,
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this
Intergovernmental 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 CJI, 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
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Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D.Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to 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 PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee
shall provide for the security of such PII, 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 §§24-73-101 et seq., C.R.S.
9. CONFLICTS OFINTEREST
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.
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,
EXHIBIT A
Agreement CMS Number: 176941 Page 12 of 14
Version 12.27.2021
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
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 INWORKPRODUCT ANDOTHERINFORMATION
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 Intergovernmental Grant 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.
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.
EXHIBIT A
Agreement CMS Number: 176941 Page 13 of 14
Version 12.27.2021
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
The State may modify 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 or option letter 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 Agreement Effective 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 Intergovernmental Grant Agreement 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.
I.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.
EXHIBIT A
Agreement CMS Number: 176941 Page 14 of 14
Version 12.27.2021
J.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.Compliance with State and Federal Law, Regulations, and Executive Orders
Grantee shall comply with all State and Federal law, regulations, executive orders, State and
Federal Awarding Agency policies, procedures, directives, and reporting requirements at all
times during the term of this Grant.
L.Accessibility
i. Grantee shall comply with and the Work Product provided under this Agreement shall be
in compliance with all applicable provisions of §§24-85-101, 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 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. Grantee shall indemnify, save, and hold harmless the Indemnified Parties against any and
all costs, expenses, claims, damages, liabilities, court awards and other amounts (including
attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to
Grantee’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards
for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5),
C.R.S.
iii.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.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A
Exhibit A Page 1 of 4 Version 12.27.2021
EXHIBIT A,STATEMENT OF WORK
1. PURPOSE
1.1. Affordable Housing Development Incentives Grant Program. The Incentives Grant
Program (IHOI) provides grants to local governments to promote the development of
affordable housing that is driven by community benefits and that focuses on critical housing
needs as identified by the local government.
2. DESCRIPTION OF THE PROJECT(S) AND WORK
2.1. Project Description. The Project consists of providing cash incentives for construction of
new affordable workforce housing in Fort Collins, Colorado.
2.2. Work Description. The City of Fort Collins (“Grantee”) will use Grant Funds as cash
incentives to pay for water/sewer tap fees and permit fees for the construction of affordable
housing units on the Kechter Land Bank Parcel. The resulting units will be affordable as
defined in C.R.S. 24-32-130(1)(a). Grantee will donate land, estimated at $1,175,000 as in-
kind match for this Project.
2.3.In addition, a Final Informal Memo will be submitted that contains analysis of the following:
1) lessons learned, 2) community impact, 3) units added, 4) number of persons impacted, and
5) any other pertinent data that addresses the housing crisis and/or impact these projects made
to alleviate barriers to affordable housing construction. Grantee will begin to close out, sell,
and turn over homes starting in September 2023.
2.4. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide
required documentation to DOLA as specified herein.
2.4.1.Grantee shall notify DOLA at least 30 days in advance of Project Completion.
2.5. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate
Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this
Grant. DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is
not complying with the terms of this Grant.
2.6. Eligible Expenses. Eligible expenses shall include: payments to rebate water and sanitary
sewer tap fees and permit fees for the construction of affordable housing units.
3. DEFINITIONS
3.1.“Substantial Completion” means the Work is sufficiently complete in accordance with the
Grant so it can be utilized for its intended purpose without undue interference.
4. DELIVERABLES
4.1. Outcome. The final outcome of this Grant is payment of water/sewer tap fees and permit fees,
as part of a larger effort in the construction of approximately 54 for-sale townhomes, all of
which will be permanently restricted as affordable to households in accordance with C.R.S.
24-32-130(1)(a).
4.2. Service Area. The performance of the Work described within this Grant shall be located in
Fort Collins, Colorado.
4.3. Performance Measures. Grantee shall comply with the following performance measures:
EXHIBIT A
Exhibit A Page 2 of 4 Version 12.27.2021
Milestone/Performance Measure/Grantee will:By:
Report on 2019 Baseline Data for number of affordable
housing development projects applied versus number of
permit approvals.
Within 90 days after the
Effective Date of this Grant
Agreement, to be included
in the Quarterly Report.
Payment of water/sewer tap and permit fees.Within 360 days after the
Effective Date of this Grant
Agreement.
Submit draft of Final Informal Memo to DOLA for
review.
60 days prior to the
Agreement Expiration
Date.
Submit Quarterly Pay Requests See §4.5.2 below
Submit Quarterly Status Reports See §4.5.2 below
Submit Project Final Report May 15, 2024
4.4. Quarterly Pay Request and Status Reports. Beginning ten (10) days after the end of the
first quarter following execution of this Grant and for each quarter thereafter until termination
of this Grant, Grantee shall submit Pay Requests and Status Reports using a form provided by
the State. The State shall pay or reimburse the Grantee for actual eligible expenditures made
in the performance of this Grant based on the submission of statements in the format
prescribed by the State. The Grantee shall submit Pay Requests setting forth a detailed
description and provide documentation of the amounts and types of reimbursable expenses.
Pay Requests and Status Reports are due within ten (10) days of the end of the quarter but may
be submitted more frequently at the discretion of the Grantee.
4.4.1.For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero
(0) requested in the Pay Request and describe the status of the Work in the Status
Report. The report will contain an update of expenditure of funds by Expenditure
Category as per Exhibit C, Budget as well as a projection of all Work expected to be
accomplished in the following quarter, including an estimate of Grant Funds to be
expended.
4.4.2.Specific submittal dates.
Quarter Year Due Date Pay Request Due Status Report Due
3rd (Jul-Sep)2022 October 10, 2022 Yes Yes
4th (Oct-Dec)2022 January 10, 2023 Yes Yes
1st (Jan-Mar)2023 April 10, 2023 Yes Yes
2nd (Apr-Jun)2023 *JULY 10, 2023 Yes Yes
3rd (Jul-Sep)2023 October 10, 2023 Yes Yes
4th (Oct-Dec)2023 January 10, 2024 Yes Yes
1st (Jan-Mar)2024 April 10, 2024 Yes Yes
*State fiscal year runs July 1 –June 30 annually. Grantee must request reimbursement
for all eligible costs incurred during a State fiscal year by July 10 annually.
EXHIBIT A
Exhibit A Page 3 of 4 Version 12.27.2021
4.5. DOLA Acknowledgment.The Grantee agrees to acknowledge the Colorado Department of
Local Affairs in any and all materials or events designed to promote or educate the public
about the Work and the Project, including but not limited to: press releases, newspaper
articles, op-ed pieces, press conferences, presentations and brochures/pamphlets.
5. PERSONNEL
5.1. Responsible Administrator. Grantee’s performance hereunder shall be under the direct
supervision of Meagan Overton, Housing Manager, (moverton@fcgov.com), who is an
employee or agent of Grantee, and is hereby designated as the responsible administrator of this
Project and a key person under this §5. Such administrator shall be updated through the
process in §5.3. If this person is an agent of the Grantee, such person must have signature
authority to bind the Grantee and must provide evidence of such authority.
5.2. Other Key Personnel.Sue Beck-Ferkiss, Social Policy & Housing Programs Manager,
(sbeckferkiss@fcgov.com).Such key personnel shall be updated through the process in §5.3.
5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5
of this Exhibit A cease to serve. All notices sent under this subsection shall be sent in
accordance with §13 of the Grant.
5.4. DLG Program Manager:Mitch Hendrick, (303) 548-9364, (mitch.hendrick@state.co.us)
6. FUNDING
The State provided funds shall be limited to the amount and type specified in Exhibit C, Budget.
7. ADMINISTRATIVE REQUIREMENTS
7.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided
forms. DOLA may withhold payment(s) if such reports are not submitted timely.
7.1.1. Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be
submitted to DOLA in accordance with §4.4 of this Exhibit A.
7.1.2. Final Reports. Within 45 days after the completion of the Project, Grantee shall submit
the final Pay Request and Status Report to DOLA.
7.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to
audit the records for activities performed under this Grant. Grantee shall maintain a complete
file of all records, documents, communications, notes and other written materials or electronic
media, files or communications, which pertain in any manner to the operation of activities
undertaken pursuant to an executed Grant. Such books and records shall contain
documentation of the Grantee’s pertinent activity under this Grant in accordance with
Generally Accepted Accounting Principles.
7.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or
Subcontractors, if any, during the term of this Grant. Results of such monitoring shall
be documented by Grantee and maintained on file.
7.3. Bonds.If Project includes construction or facility improvements, Grantee and/or its contractor
(or subcontractors) performing such work shall secure the bonds hereunder from companies
holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are
authorized to do business in Colorado.
7.3.1. Bid Bond.A bid guarantee from each bidder equivalent to 5 percent of the bid price.
The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified
EXHIBIT A
Exhibit A Page 4 of 4 Version 12.27.2021
check, or other negotiable instrument accompanying a bid as assurance that the bidder
shall, upon acceptance of his bid, execute such contractual documents as may be
required within the time specified.
7.3.2. Performance Bond.A performance bond on the part of the contractor for 100 percent
of the contract price. A “performance bond” is one executed in connection with a
contract to secure fulfillment of all the contractor's obligations under such contract.
7.3.3. Payment Bond.A payment bond on the part of the contractor for 100 percent of the
contract price. A “payment bond” is one executed in connection with a contract to
assure payment as required by statute of all persons supplying labor and material in the
execution of the work provided for in the contract.
7.3.4. Substitution.The bonding requirements in this §7.3 may be waived in lieu of an
irrevocable letter of credit if the price is less than $50,000.
8. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction
and/or renovation related projects/activities:
8.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a
qualified engineer or architect licensed in the State of Colorado, or pre-engineered in
accordance with Colorado law, and hired by the Grantee through a competitive selection
process.
8.2. Procurement. A construction contract shall be awarded to a qualified construction firm
through a formal selection process with the Grantee being obligated to award the construction
contract to the lowest responsive, responsible bidder meeting the Grantee's specifications.
8.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to
accomplish this Project shall be submitted to DOLA upon request, and any and all contracts
entered into by the Grantee or any of its Subcontractors shall comply with all applicable
federal and state laws and shall be governed by the laws of the State of Colorado.
8.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable
statutory design and construction standards and procedures that may be required, including the
standards required by Colorado Department of Public Health and Environment, and shall
provide the State with documentation of such compliance.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A
Exhibit B Page 1 of 1 Version 12.27.2021
EXHIBIT B,SAMPLE OPTION LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Option Letter Number
Insert Option Letter # for this Amendment
Grantee
Insert Grantee's Full Legal Name
Original Agreement Number
Insert CMS number for orig Agreement, and
any prior chg docs
Agreement Maximum Amount
Initial Term Retainage (5%)
Option Agreement Number
Insert CMS number for this Amendment
State Fiscal Year 20xx $0.00 $0.00
Extension Terms Prior Grant Agreement Expiration Date
Month Day, YearState Fiscal Year 20xx $0.00 $0.00
State Fiscal Year 20xx $0.00 $0.00
State Fiscal Year 20xx $0.00 $0.00 Current Grant Agreement Expiration Date
Month Day, YearState Fiscal Year 20xx $0.00 $0.00
Total for All State Fiscal Years $0.00 $0.00
1.OPTIONS:
A. Option to extend for an Extension Term
B.Option to change the quantity of Goods under the Agreement
C.Option to change the quantity of Services under the Agreement
D.Option to modify Agreement rates
E.Option to initiate next phase of the Agreement
2.REQUIRED PROVISIONS:
A.For use with Option 1(A):In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option for an additional term, beginning Insert start date and ending on
the current Agreement expiration date shown above, at the rates stated in the Original Agreement, as
amended.
B.For use with Options 1(B and C):In accordance with Section(s) Number of the Original Agreement
referenced above, the State hereby exercises its option to Increase/Decrease the quantity of the
Goods/Services or both at the rates stated in the Original Agreement, as amended.
C.For use with Option 1(D):In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section
Number/Letter. The Agreement rates attached to this Option Letter replace the rates in the Original
Agreement as of the Option Effective Date of this Option Letter.
D.For use with Option 1(E):In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall
begin on Insert start date and end on Insert ending date at the cost/price specified in Section Number.
E.For use with all Options that modify the Agreement Maximum Amount:The Agreement Maximum
Amount table on the Agreement’s Signature and Cover Page is hereby deleted and replaced with the
Current Agreement Maximum Amount table shown above.
3.OPTION EFFECTIVE DATE:
The effective date of this Option Letter is upon approval of the State Controller or , whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT-Name of Agency or IHE
INSERT-Name & Title of Head of Agency or IHE
______________________________________________
By: Name & Title of Person Signing for Agency or IHE
Date: _________________________
In accordance with §24-30-202, C.R.S., this Option Letter is
not valid until signed and dated below by the State Controller
or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Name of Agency or IHE Delegate-Please delete if agreement
will be routed to OSC for approval
Option Effective Date:_____________________
EXHIBIT A
Exhibit C Page 1 of 5 Version 12.27.2021
EXHIBIT C,BUDGET
1. BUDGET BYUS TREASURYEXPENDITURE CATEGORY
1.1 Expenditure Categories identified in Exhibit C will determine what is reported on as
outlined in Exhibits D-G.
Project
Number Project Title
US Treasury Expenditure Category
Number and Name Budget
IHOI-
INC003
Fort Collins Kechter
Townhomes
2.15. Long-term Housing Security:
Affordable Housing
$2,200,000
Total $2,200,000
1.2 Expenditure Categories
Expenditure Category
1: Public Health
COVID-19 Mitigation & Prevention
1.1 COVID-19 Vaccination
1.2 COVID-19 Testing
1.3 COVID-19 Contact Tracing
1.4 Prevention in Congregate Settings (Nursing Homes, Prisons/Jails, Dense Work Sites, Schools, Child care
facilities, etc.)
1.5 Personal Protective Equipment
1.6 Medical Expenses (including Alternative Care Facilities)
1.7 Other COVID-19 Public Health Expenses (including Communications, Enforcement, Isolation/Quarantine)
1.8 COVID-19 Assistance to Small Businesses
1.9 COVID-19 Assistance to Non-Profits
1.10 COVID-19 Aid to Impacted Industries
Community Violence Interventions
1.11 Community Violence Interventions
Behavioral Health
1.12 Mental Health Services
1.13 Substance Use Substances
Other
1.14 Other Public Health Services
2: Negative Economic Impacts
Assistance to Households
2.1 Household Assistance: Food Programs
2.2 Household Assistance: Rent, Mortgage, and Utility Aid
2.3 Household Assistance: Cash Transfers
2.4 Household Assistance: Internet Access Programs
2.5 Household Assistance: Paid Sick and Medical Leave
2.6 Household Assistance: Health Insurance
2.7 Household Assistance: Services for Un/Unbanked
2.8 Household Assistance: Survivor’s Benefits
2.9 Unemployment Benefits or Cash Assistance to Unemployed Workers
2.10 Assistance to Unemployed or Underemployed Workers (e.g., job training, subsidized employment,
employment supports or incentives)
2.11 Healthy Childhood Environments: Child Care
2.12 Healthy Childhood Environments: Home Visiting
2.13 Healthy Childhood Environments: Services to Foster Youth or Families Involved in Child Welfare System
2.14 Healthy Childhood Environments: Early Learning
2.15 Long-term Housing Security: Affordable Housing
EXHIBIT A
Exhibit C Page 2 of 5 Version 12.27.2021
2.16 Long-term Housing Security: Services for Unhoused Persons
2.17 Housing Support: Housing Vouchers and Relocation Assistance for Disproportionately Impacted Communities
2.18 Housing Support: Other Housing Assistance
2.19 Social Determinants of Health: Community Health Workers or Benefits Navigators
2.20 Social Determinants of Health: Lead Remediation
2.21 Medical Facilities for Disproportionately Impacted Communities
2.22 Strong Healthy Communities: Neighborhood Features that Promote Health and Safety
2.23 Strong Healthy Communities: Demolition and Rehabilitation of Properties
2.24 Addressing Educational Disparities: Aid to High-Poverty Districts
2.25 Addressing Educational Disparities: Academic, Social, and Emotional Services
2.26 Addressing Educational Disparities: Mental Health Services
2.27 Addressing Impacts of Lost Instructional Time
2.28 Contributions to UI Trust Funds
Assistance to Small Businesses
2.29 Loans or Grants to Mitigate Financial Hardship
2.30 Technical Assistance, Counseling, or Business Planning
2.31 Rehabilitation of Commercial Properties or Other Improvements
2.32 Business Incubators and Start-Up or Expansion Assistance
2.33 Enhanced Support to Microbusinesses
Assistance to Non-Profits
2.34 Assistance to Impacted Nonprofit Organizations (Impacted or Disproportionately Impacted)
Aid to Impacted Industries
2.35 Aid to Tourism, Travel, or Hospitality
2.36 Aid to Other Impacted Industries
Other
2.37 Economic Impact Assistance: Other
3: Public Health - Negative Economic Impact: Public Section Capacity
General Provisions
3.1 Public Sector Workforce: Payroll and Benefits for Public Health, Public Safety, or Human Services Workers
3.2 Public Sector Workforce: Rehiring Public Sector Staff
3.3 Public Sector Workforce: Other
3.4 Public Sector Capacity: Effective Service Delivery
3.5 Public Sector Capacity: Administrative Needs
4: Premium Pay
4.1 Public Sector Employees
4.2 Private Sector: Grants to Other Employers
5: Infrastructure
Water and Sewer
5.1 Clean Water: Centralized Wastewater Treatment
5.2 Clean Water: Centralized Wastewater Collection and Conveyance
5.3 Clean Water: Decentralized Wastewater
5.4 Clean Water: Combined Sewer Overflows
5.5 Clean Water: Other Sewer Infrastructure
5.6 Clean Water: Stormwater
5.7 Clean Water: Energy Conservation
5.8 Clean Water: Water Conservation
5.9 Clean Water: Nonpoint Source
5.10 Drinking Water: Treatment
5.11 Drinking Water: Transmission & Distribution
5.12 Drinking Water: Lead Remediation, including in Schools and Daycares
5.13 Drinking Water: Source
5.14 Drinking Water: Storage
5.15 Drinking Water: Other Infrastructure
5.16 Water and Sewer: Private Wells
5.17 Water and Sewer: IIJA Bureau of Reclamation Match
EXHIBIT A
Exhibit C Page 3 of 5 Version 12.27.2021
5.18 Water and Sewer: Other
Broadband
5.19 Broadband: “Last Mile” Projects
5.20 Broadband: IIJA Match
5.21 Broadband: Other Projects
6: Revenue Replacement
6.1 Provision of Government Services
6.2 Non-federal Match for Other Federal Programs
7: Administrative
7.1 Administrative Expenses
7.2 Transfers to Other Units of Governments
2. BUDGET BYFUNCTION
2.1.Project Budget Lines.
2.1.1.“EC 2.15 - Long-term Housing Security: Affordable Housing Development Cash
Incentives” means cash contributions or rebates for affordable housing development
incentives, such as water and sanitary sewer tap fees, gap funding, labor and materials costs,
and renewable energy or sustainability-oriented components.
3. FUNDING
3.1.Matching/Other Funds.Grantee shall provide approximately 35%of the Total Project Cost
as documented by Grantee and verified by DOLA at Project Closeout. Initial estimates of
Grantee’s contribution are noted in the “Other Funds” column of §3.2 below. Increases to
Grantee’s contribution to Total Project Cost do not require modification of this Grant Award
Letter and/or Exhibit C.
3.2.Budget
Budget Line(s)Total
Project
Cost
Grant
Funds
Other
Funds
Other Funds
SourceLine
#
Cost Category
1 EC 2.15 - Long-term Housing
Security: Affordable Housing -
Development Cash Incentives
$3,375,000 $2,200,000 $1,175,000 Grantee In-Kind
Total $3,375,000 $2,200,000 $1,175,000
4. PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in §7 of the
Grant.
4.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or
Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the
State to such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be
returned to DOLA.
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EXHIBIT A
Exhibit C Page 4 of 5 Version 12.27.2021
Payment Amount
Interim Payment(s)$2,090,000 Paid upon receipt of actual expense
documentation and written Pay Requests from the
Grantee for reimbursement of eligible approved
expenses.
Final Payment $110,000 Paid upon Substantial Completion of the Project
(as determined by the State in its sole discretion),
provided that the Grantee has submitted, and
DOLA has accepted, all required reports.
Total $2,200,000
5. EXPENDITURE CATEGORY MODIFICATIONS
5.1.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).
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EXHIBIT A
Exhibit D Page 1 of 15 Version 12.27.2021
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 nd tier subrecipient),
must hold the 2nd tier subrecipient accountable to these provisions and adhere to reporting
requirements.
1.4.These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions,
as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institutions of higher education.
2. DEFINITIONS.
2.1.For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below.
2.1.1.“Award” means an award of Federal financial assistance, and the Grant setting forth the
terms and conditions of that financial assistance, that a non-Federal Entity receives or
administers.
2.1.2.“Entity” means:
2.1.2.1.a Non-Federal Entity;
2.1.2.2.a foreign public entity;
2.1.2.3.a foreign organization;
2.1.2.4.a non-profit organization;
2.1.2.5.a domestic for-profit organization (for 2 CFR Parts 25 and 170 only);
2.1.2.6.a foreign non-profit organization (only for 2 CFR Part 170) only);
2.1.2.7.a Federal agency, but only as a Subrecipient under an Award or Subaward to a
non-Federal entity (or 2 CFR 200.1); or
2.1.2.8.a foreign for-profit organization (for 2 CFR Part 170 only).
2.1.3.“Executive” means an officer, managing partner or any other employee in a management
position.
2.1.4.“Expenditure Category (EC)” means the category of eligible uses as defined by the US
Department of Treasury in “Appendix 1 of the Compliance and Reporting Guidance,
State and Local Fiscal Recovery Funds” report available at www.treasury.gov.
2.1.5.“Federal Awarding Agency” means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
EXHIBIT A
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2.1.6.“Grant” means the Grant to which these Federal Provisions are attached.
2.1.7.“Grantee” means the party or parties identified as such in the Grant to which these Federal
Provisions are attached.
2.1.8.“Non-Federal Entity means a State, local government, Indian tribe, institution of higher
education, or nonprofit organization that carries out a Federal Award as a Recipient or a
Subrecipient.
2.1.9.“Nonprofit Organization”means any corporation, trust, association, cooperative, or other
organization, not including IHEs, that:
2.1.9.1.Is operated primarily for scientific, educational, service, charitable, or similar
purposes in the public interest;
2.1.9.2.Is not organized primarily for profit; and
2.1.9.3.Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.10.“OMB” means the Executive Office of the President, Office of Management and Budget.
2.1.11.“Pass-through Entity” means a non-Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.12.“Prime Recipient” means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.13.“Subaward” means an award by a Prime Recipient to a Subrecipient funded in whole or
in part by a Federal Award. The terms and conditions of the Federal Award flow down
to the Subaward unless the terms and conditions of the Federal Award specifically
indicate otherwise in accordance with 2 CFR 200.101. The term does not include
payments to a Contractor or payments to an individual that is a beneficiary of a Federal
program.
2.1.14.“Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under
an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime
Recipient to support the performance of the Federal project or program for which the
Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the
Federal Award to the Prime Recipient, including program compliance requirements. The
term does not include an individual who is a beneficiary of a federal program.
2.1.15.“System for Award Management (SAM)” means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may be
found at http://www.sam.gov. “Total Compensation” means the cash and noncash dollar
value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding
fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the
following:
2.1.15.1.Salary and bonus;
2.1.15.2.Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to the
fiscal year in accordance with the Statement of Financial Accounting Standards
No. 123 (Revised 2005) (FAS 123R), Shared Based Payments;
EXHIBIT A
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2.1.15.3.Earnings for services under non-equity incentive plans, not including group life,
health, hospitalization or medical reimbursement plans that do not discriminate in
favor of Executives and are available generally to all salaried employees;
2.1.15.4.Change in present value of defined benefit and actuarial pension plans;
2.1.15.5.Above-market earnings on deferred compensation which is not tax-qualified;
2.1.15.6.Other compensation, if the aggregate value of all such other compensation (e.g.,
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the Executive exceeds $10,000.
2.1.16.“Transparency Act” means the Federal Funding Accountability and Transparency Act of
2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17.“Uniform Guidance” means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise.
2.1.18.“Unique Entity ID Number” means the twelve-character alphanumeric ID assigned to an
entity by SAM.gov to uniquely identify a business entity. Information on UEIs can be
found at: sam.gov/content/duns-uei
3. COMPLIANCE.
3.1.Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and
all applicable Federal Laws and regulations required by this Federal Award. Any revisions
to such provisions or regulations shall automatically become a part of these Federal
Provisions, without the necessity of either party executing any further instrument. The State
of Colorado, at its discretion, may provide written notification to Grantee of such revisions,
but such notice shall not be a condition precedent to the effectiveness of such revisions.
3.2.Per US Treasury Final Award requirements, grantee programs or services must not include a
term or conditions that undermines efforts to stop COVID-19 or discourages compliance with
recommendations and CDC guidelines.
4. SYSTEM FOR AWARD MANAGEMENT (SAM)AND UNIQUE ENTITY IDENTIFIER (UEI)
REQUIREMENTS.
4.1.SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually after
the initial registration, and more frequently if required by changes in its information.
4.2.UEI. Grantee shall provide its UEI number to its Prime Recipient, and shall update Grantee’s
information in SAM at least annually after the initial registration, and more frequently if
required by changes in Grantee’s information.
5. TOTAL COMPENSATION.
5.1.Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
EXHIBIT A
Exhibit D Page 4 of 15 Version 12.27.2021
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 Subcontracts 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 Subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.3.The public does not have access to information about the compensation of such
Executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the
Internal Revenue Code of 1986.
6. REPORTING.
6.1.If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall
report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct
payment shall be made to Grantee for providing any reports required under these Federal
Provisions and the cost of producing such reports shall be included in the Grant price. The
reporting requirements in this Exhibit are based on guidance from the OMB, and as such are
subject to change at any time by OMB. Any such changes shall be automatically incorporated
into this Grant and shall become part of Grantee’s obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1.Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial
award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award
modifications result in a total Award of $30,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or
more, but funding is subsequently de-obligated such that the total award amount falls below
$30,000, the Award shall continue to be subject to the reporting requirements. If the total
award is below $30,000 no reporting required; if more than $30,000 and less than $50,000
then FFATA reporting is required; and, $50,000 and above SLFRF reporting is required.
7.2.The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to
audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1.Grantee shall report as set forth below.
8.1.1.Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as referenced in
Exhibit 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 in the
"Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds" report
available at www.treasury.gov.
8.1.1.1. EC 1 - Public Health
8.1.1.1.1.All Public Health Projects
EXHIBIT A
Exhibit D Page 5 of 15 Version 12.27.2021
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
8.1.1.1.2.COVID-19 Interventions and Mental Health (EC 1.4, 1.11, 1.12, 1.13)
a. Amount of total project used for evidence-based programs
b. Evaluation plan description
8.1.1.1.3.COVID-19 Small Business Assistance (EC 1.8)
a. Number of small businesses served
8.1.1.1.4.Assistance to Non-Profits (EC 1.9)
a. Number of non-profits served
8.1.1.1.5.COVID-19 Aid to Travel, Tourism, and Hospitality or Other Impacted
Industries (EC 1.10)
a. Sector of employer
b. Purpose of funds
8.1.1.2 EC 2 - Negative Economic Impacts
8.1.1.2.1.All Negative Economic Impacts Projects
a. Description of project structure and objectives
b.Description of project’s response to COVID-19
c. Identification of impacted and/or disproportionately impacted
communities
d. Amount of total project used for evidence-based programs and
description of evaluation plan (not required for 2.5, 2.8, 2.21-2.24,
2.27-2.29, 2.31, 2.34-2.36)
e. Number of workers enrolled in sectoral job training programs
f. Number of workers completing sectoral job training programs
g. Number of people participating in summer youth employment
programs
h. Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
8.1.1.2.2.Household Assistance (EC 2.1-2.8)
a. Number of households served
EXHIBIT A
Exhibit D Page 6 of 15 Version 12.27.2021
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)
8.1.1.2.3.Healthy Childhood Environments (EC 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)
8.1.1.2.4.Education Assistance (EC 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)
8.1.1.2.5.Housing Support (EC 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)
8.1.1.2.6.Small Business Economic Assistance (EC 2.29-2.33)
a. Number of small businesses served
8.1.1.2.7.Assistance to Non-Profits (EC 2.34)
a. Number of non-profits served
8.1.1.2.8.Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (EC
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
8.1.1.3. EC 3 –Public Health –Negative Economic Impact: Public Sector Capacity
8.1.1.3.1.Payroll for Public Health and Safety Employees (EC 3.1)
a. Number of government FTEs responding to COVID-19
8.1.1.3.2.Rehiring Public Sector Staff (EC 3.2)
a. Number of FTEs rehired by governments
EXHIBIT A
Exhibit D Page 7 of 15 Version 12.27.2021
8.1.1.4. EC 4 - Premium Pay
8.1.1.4.1.All Premium Pay Projects
a. List of sectors designated as critical by the chief executive of the
jurisdiction, if beyond those listed in the final rule
b. Numbers of workers served
c. Employer sector for all subawards to third-party employers
d. Written narrative justification of how premium pay is responsive to
essential work during the public health emergency for non-exempt
workers or those making over 150 percent of the state/county’s
average annual wage
e. Number of workers to be served with premium pay in K-12 schools
8.1.1.5. EC 5 –Infrastructure Projects
8.1.1.5.1.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
8.1.1.5.2.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
8.1.1.5.3.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
EXHIBIT A
Exhibit D Page 8 of 15 Version 12.27.2021
Reporting Guidance, including, but not limited to (Federal guidance
may change this requirement in July 2022):
i. Number of households (broken out by households on Tribal
lands and those not on Tribal lands) that have gained
increased access to broadband meeting the minimum speed
standards in areas that previously lacked access to service of
at least 25 Mbps download and 3 Mbps upload, with the
number of households with access to minimum speed
standard of reliable 100 Mbps symmetrical upload and
download and number of households with access to
minimum speed standard of reliable 100 Mbps download and
20 Mbps upload.
ii. Number of institutions and businesses (broken out by
institutions on Tribal lands and those not on Tribal lands) that
have projected increased access to broadband meeting the
minimum speed standards in areas that previously lacked
access to service of at least 25 Mbps download and 3 Mbps
upload, in each of the following categories: business, small
business, elementary school, secondary school, higher
education institution, library, healthcare facility, and public
safety organization, with the number of each type of
institution with access to the minimum speed standard of
reliable 100 Mbps symmetrical 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
EXHIBIT A
Exhibit D Page 9 of 15 Version 12.27.2021
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.
8.1.1.6. All Expenditure Categories
8.1.1.6.1.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 UEI Number;
8.1.2.2.Subrecipient UEI Number if more than one electronic funds transfer (EFT)
account;
8.1.2.3.Subrecipient parent’s organization UEI Number;
8.1.2.4.Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4,
and Congressional District;
8.1.2.5.Subrecipient’s top 5 most highly compensated Executives if the criteria in §4
above are met; and
8.1.2.6.Subrecipient’s Total Compensation of top 5 most highly compensated Executives
if the criteria in §4 above met.
8.1.3.To Prime Recipient. A Subrecipient shall report to its Prime Recipient, the following
data elements:
8.1.3.1.Subrecipient’s UEI Number as registered in SAM.
8.1.3.2.Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
8.1.3.3.Narrative identifying methodology for serving disadvantaged communities. See
the "Project Demographic Distribution" section in the "Compliance and Reporting
Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov. This requirement is applicable to all projects in Expenditure
Categories 1 and 2.
8.1.3.4.Narrative identifying funds allocated towards evidenced-based interventions and
the evidence base. See the “Use of Evidence” section in the “Compliance and
Reporting Guidance, State and Local Fiscal Recovery Funds” report available at
www.treasury.gov. See §8.11 above for relevant Expenditure Categories.
8.1.3.5.Narrative describing the structure and objectives of the assistance program and in
what manner the aid responds to the public health and negative economic impacts of
COVID-19. This requirement is applicable to Expenditure Categories 1 and 2. For
aid to travel, tourism, and hospitality or other impacted industries (EC 2.11-2.12), also
provide the sector of employer, purpose of funds, and if not travel, tourism and
hospitality a description of the pandemic impact on the industry.
EXHIBIT A
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8.1.3.6.Narrative identifying the sector served and designated as critical to the health and
well-being of residents by the chief executive of the jurisdiction and the number of
workers expected to be served. For groups of workers (e.g., an operating unit, a
classification of worker, etc.) or, to the extent applicable, individual workers, other
than those where the eligible worker receiving premium pay is earning (with the
premium pay included) below 150 percent of their residing state or county's average
annual wage for all occupations, as defined by the Bureau of Labor Statistics
Occupational 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). For projects over $10 million:
8.1.3.7.1.Certification that all laborers and mechanics employed by Contractors and
Subcontractors in the performance of such project are paid wages at rates not less
than those prevailing, as determined by the U.S. Secretary of Labor in accordance
with subchapter IV of chapter 31 of title 40, United States Code (commonly
known as the "Davis-Bacon Act"), for the corresponding classes of laborers and
mechanics employed on projects of a character similar to the Agreement work in
the civil subdivision of the State (or the District of Columbia) in which the work
is to be performed, or by the appropriate State entity pursuant to a corollary State
prevailing-wage-in-construction law (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
EXHIBIT A
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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.
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.
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11. SINGLE AUDIT REQUIREMENTS.
11.1.If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s
fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit
conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of
the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C.
7501-7507). 2 CFR 200.501.
11.1.1.Election. A Subrecipient shall have a single audit conducted in accordance with Uniform
Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program-specific
audit conducted in accordance with 2 CFR 200.507 (Program-specific audits). The
Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal
Awards under only one Federal program (excluding research and development) and the
Federal program’s statutes, regulations, or the terms and conditions of the Federal award do
not require a financial statement audit of Prime Recipient. A program-specific audit may
not be elected for research and development unless all of the Federal Awards expended
were received from Recipient and Recipient approves in advance a program-specific audit.
11.1.2.Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its
fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year,
except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records shall
be available for review or audit by appropriate officials of the Federal agency, the State,
and the Government Accountability Office.
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 theauditor 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 Subcontracts 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 implemen ting
regulations at 41 CFR Part 60, Office of Federal Agreement Compliance Programs, Equal
Employment Opportunity, Department of Labor.
12.1.2.[Applicable to on-site employees working on government-funded construction, alteration
and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-
3148).
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12.1.3.Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the
definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime Recipient or
Subrecipient wishes to enter into an Agreement with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the Prime
Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Agreements and Cooperative Agreements,” and any implementing
regulations issued by the Federal Awarding Agency.
12.1.4.Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-Federal awardees to agree to
comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the
Regional Office of the Environmental Protection Agency (EPA).
12.1.5.Debarment and Suspension (Executive Orders 12549 and 12689). An Agreement award
(see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions
in SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
12.1.6.Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Agreement, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
12.1.7.Never Agreement with the enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing “Never Agreement with the enemy”
in 2 CFR Part 183. The regulations in 2 CFR Part 183 affect covered Agreements, grants
and cooperative agreements that are expected to exceed $50,000 within the period of
performance, are performed outside the United States and its territories, and are in support
of a contingency operation in which members of the Armed Forces are actively engaged in
hostilities.
12.1.8.Prohibition on certain telecommunications and video surveillance services or equipment
(2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds
on certain telecommunications and video surveillance services or equipment pursuant to 2
CFR 200.216.
12.1.9.Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor, transferee,
and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits
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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 certify in
writing to the State at the end of the Award that the project or activity was completed or the level
of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort was not
carried out, the amount of the Award must be adjusted.
14. EXEMPTIONS.
14.1.These Federal Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own or operate
in his or her name.
14.2.A Grantee with gross income from all sources of less than $300,000 in the previous tax
year is exempt from the requirements to report Subawards and the Total Compensation of its
most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1.Failure to comply with these Federal Provisions shall constitute an event of default under
the Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice
if the default remains uncured five calendar days following the termination of the 30-day notice
period. This remedy will be in addition to any other remedy available to the State of Colorado
under the Grant, at law or in equity.
15.2.Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part
as follows:
15.2.1.By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to
comply with the terms and conditions of a Federal Award;
15.2.2.By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized
by law, if an award no longer effectuates the program goals or agency priorities;
15.2.3.By the Federal awarding agency or Pass-through Entity with the consent of the Non-
Federal Entity, in which case the two parties must agree upon the termination conditions,
including the effective date and, in the case of partial termination, the portion to be
terminated;
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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.
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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 certifying the
same terms and conditions included in the State’s separate agreement with Treasury. Your
organization is referred to as a Subrecipient.
As a condition of your organization receiving federal recovery funds from the State, the
authorized representative below hereby (i) certifies that your organization will carry out the
activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto. Your
organization also agrees to use the federal recovery funds as specified in bills passed by the
General Assembly and signed by the Governor.
Under penalty of perjury, the undersigned official certifies that the authorized representative
has read and understood the organization’s obligations in the Assurances of Compliance and
Civil Rights Requirements, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the organization is in compliance with the
nondiscrimination requirements.
Subrecipient Name __________________________________
Authorized Representative: _______________________________
Title: __________________________________
Signature: ___________________________
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AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
TERMS AND CONDITIONS
Use of Funds.
a.Subrecipientunderstands 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.
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.
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 –SLFRF Reporting
Modification Form.
Maintenance of and Access to Records
a.Subrecipient shall maintain records and financial documents sufficient to evidence
compliance with section 602(c), Treasury’s regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b.The Treasury Office of Inspector General and the Government Accountability Office,
or their authorized representatives, shall have the right of access to records (electronic
and otherwise) of Subrecipient in order to conduct audits or other investigations.
c.Records shall be maintained by Subrecipient for a period of five (5) years after all funds
have been expended or returned to Treasury, whichever is later.
Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
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.
Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
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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.OMB Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a
term or condition in all lower tier covered transactions (Agreements and
Subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject
to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part
19.
v.Subrecipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby
incorporated by reference.
vi.Government wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii.New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§ 4601-4655) and implementing regulations.
ix.Generally applicable federal environmental laws and regulations.
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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
provided in section 602(e) of the Act and any additional payments may be subject to
withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
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.
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.
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
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federal award number SLFRF0126 awarded to the State of Colorado by the U.S.
Department of the Treasury.”
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 defined in paragraph 14(a). Treasury will take any actions available to it to
collect such a debt.
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 Subcontract 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.
Protections for Whistleblowers.
a.In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal Agreement or grant, a gross
waste of federal funds, an abuse of authority relating to a federal Agreement or grant,
a substantial and specific danger to public health or safety, or a violation of law, rule,
or regulation related to a federal Agreement (including the competition for or
negotiation of an Agreement) or grant.
b.The list of persons and entities referenced in the paragraph above includes the following:
i.A member of Congress or a representative of a committee of Congress;
ii.An Inspector General;
iii.The Government Accountability Office;
iv.A Treasury employee responsible for Agreement or grant oversight or
management;
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v.An authorized official of the Department of Justice or other law enforcement
agency;
vi.A court or grand jury; or
vii.A management official or other employee of Subrecipient, Contractor, or
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.
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.
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EXHIBIT A
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ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS
REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the
Treasury, the Subrecipient provides the assurances stated herein. The federal financial assistance
may include federal grants, loans and Agreements to provide assistance to the Subrecipient’s
beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing
assistance. Federal financial assistance does not encompass Agreements of guarantee or insurance,
regulated programs, licenses, procurement Agreements by the Federal government at market value,
or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available
through the Department of the Treasury, including any assistance that the Subrecipient may request
in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances
apply to all of the operations of the Subrecipient’s program(s) and activity(ies), so long as any
portion of the Subrecipient’s program(s) or activity(ies) is federally assisted in the manner
prescribed above.
1.Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of
1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or
subjection to discrimination under programs and activities receiving federal financial assistance,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars,
policies, memoranda, and/or guidance documents.
2.Subrecipient acknowledges that Executive Order 13166, “Improving Access to Services for
Persons with Limited English Proficiency,” seeks to improve access to federally assisted
programs and activities for individuals who, because of national origin, have Limited English
proficiency (LEP). Subrecipient understands that denying a person access to its programs,
services, and activities because of LEP is a form of national origin discrimination prohibited
under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s
implementing regulations. Accordingly, Subrecipient shall initiate reasonable steps, or comply
with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful
access to its programs, services, and activities. Subrecipient understands and agrees that
meaningful access may entail providing language assistance services, including oral
interpretation and written translation where necessary, to ensure effective communication in the
Subrecipient’s programs, services, and activities.
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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.
4.Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
of continued receipt of federal financial assistance and is binding upon Subrecipient and
Subrecipient’s successors, transferees, and assignees for the period in which such assistance is
provided.
5.Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above,
and agrees to incorporate the following language in every Agreement or agreement subject to
Title VI and its regulations between the Subrecipient and the Subrecipient’s sub-grantees,
Contractors, Subcontractors, successors, transferees, and assignees:
The sub-grantee, Contractor, Subcontractor, successor, transferee, and assignee shall comply
with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients 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 the Treasury’s Title VI regulations, 31
CFR Part 22, which are herein incorporated by reference and made a part of this Agreement
(or agreement). Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C.§2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
Agreement or agreement.
6.Subrecipient understands and agrees that if any real property or structure is provided or improved
with the aid of federal 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.
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8.Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
complaints of discrimination on the grounds of race, color, or national origin, and limited English
proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
completed, including outcome. Subrecipient also must inform the Department of the Treasury if
Subrecipient has received no complaints under Title VI.
9.Subrecipient must provide documentation of an administrative agency’s or court’s findings
of non-compliance of Title VI and efforts to address the non-compliance, including any
voluntary compliance or other agreements between the Subrecipient and the administrative
agency that made the finding. If the Subrecipient settles a case or matter alleging such
discrimination, the Subrecipient must provide documentation of the settlement. If
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 terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the
United States may take in order to address violations of this document or applicable federal law.
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EXHIBIT A
Exhibit F Page 1 of 1 Version 12.27.21
EXHIBIT F,SLFRFSUBRECIPIENT QUARTERLYREPORT
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:
https://osc.colorado.gov/american-rescue-plan-act (see SLFRF Grant Agreement Templates
tab).
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EXHIBIT A
Exhibit G Page 1 of 1 Version 12.27.21
Exhibit G –SAMPLE SLFRF REPORTING MODIFICATION FORM
Grantee: Grant Agreement No:
Project Title: Project No:
Project Duration:To:From:
State Agency:
This form serves as notification that there has been a change to the reporting requirements set forth in the
original Intergovernmental Grant Agreement (SLFRF).
The following reporting requirements have been (add/ remove additional rows as necessary):
Updated Reporting
Requirement
(Add/Delete/Modify)
Project Number Reporting Requirement
By signing this form, the Grantee agrees to and acknowledges the changes to the reporting requirements set
forth in the original Intergovernmental Grant Agreement (SLFRF). All other terms and conditions of the original
Intergovernmental Grant Agreement (SLFRF), with any approved modifications, remain in full force and effect.
Grantee shall submit this form to the State Agency within 10 business days of the date sent by that Agency.
____________________________________ _______________________________
Grantee Date
____________________________________ _______________________________
State Agency Grant Manager Date
EXHIBIT A