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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 Agreement CMS Number: 176941 Page 5 of 14 Version 12.27.2021 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 Agreement CMS Number: 176941 Page 6 of 14 Version 12.27.2021 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 Agreement CMS Number: 176941 Page 7 of 14 Version 12.27.2021 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 Agreement CMS Number: 176941 Page 8 of 14 Version 12.27.2021 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 Agreement CMS Number: 176941 Page 9 of 14 Version 12.27.2021 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 Agreement CMS Number: 176941 Page 10 of 14 Version 12.27.2021 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         EXHIBIT A Agreement CMS Number: 176941 Page 11 of 14 Version 12.27.2021 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK         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). THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK         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 Exhibit D Page 2 of 15 Version 12.27.2021 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 Exhibit D Page 3 of 15 Version 12.27.2021 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 Exhibit D Page 10 of 15 Version 12.27.2021 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 Exhibit D Page 11 of 15 Version 12.27.2021 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.         EXHIBIT A Exhibit D Page 12 of 15 Version 12.27.2021 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).         EXHIBIT A Exhibit D Page 13 of 15 Version 12.27.2021 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         EXHIBIT A Exhibit D Page 14 of 15 Version 12.27.2021 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;         EXHIBIT A Exhibit D Page 15 of 15 Version 12.27.2021 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK         EXHIBIT A Exhibit E Page 1 of 9 Version 12.27.21 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: ___________________________         EXHIBIT A Exhibit E Page 2 of 9 Version 12.27.21 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.         EXHIBIT A Exhibit E Page 3 of 9 Version 12.27.21 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.         EXHIBIT A Exhibit E Page 4 of 9 Version 12.27.21 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         EXHIBIT A Exhibit E Page 5 of 9 Version 12.27.21 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;         EXHIBIT A Exhibit E Page 6 of 9 Version 12.27.21 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK         EXHIBIT A Exhibit E Page 7 of 9 Version 12.27.21 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.         EXHIBIT A Exhibit E Page 8 of 9 Version 12.27.21 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.         EXHIBIT A Exhibit E Page 9 of 9 Version 12.27.21 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. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK         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). THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK         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