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Home My WebLink About20102391.tiff RESOLUTION RE: APPROVE AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA)FUNDED TASK ORDER CONTRACT FOR CHRONIC DISEASE SELF-MANAGEMENT EXPANSION PROGRAM AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an American Recovery and Reinvestment Act (ARRA) Funded Task Order Contract for Chronic Disease Self-Management Expansion Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Area Agency on Aging, and the Colorado Department of Public Health and Environment, commencing October 15, 2010, and ending March 30, 2012,with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the American Recovery and Reinvestment Act(ARRA) Funded Task Order Contract for Chronic Disease Self-Management Expansion Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services,Area Agency on Aging, and the Colorado Department of Public Health and Environment be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract 4 Or t9 -4D SAASCU4(I-I5 el) \C-\ () 2010-2391 ip //- 10 \a- HR0081 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDED TASK ORDER CONTRACT FOR CHRONIC DISEASE SELF-MANAGEMENT EXPANSION PROGRAM The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of October, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTES5 ; �, EXCUSED a' Do las Rademacher, C air Weld County Clerk to B c �� rbara Kirkmeyer, ro-Tem 3 BY: , //, mom, .. I C- _ Deputy Clerk to the :Or,Icr f 1F ite Sean Pay ( / APPROV AS M: gacia—' >26unuunnt Attorney / David . Long Date of signature: /% 2010-2391 HR0081 MEMORANDUM f& DATE: October 4, 2010 Douglas Rademacher, Chair, Board of C unty Co ,{missioners WIlDTO:C�FROM: Judy A. Griego, Director, Human Servi s ep rFment COLORADO RE: Task Order Contract between the Wel County Department of Human Services' Area Agency on Aging and the Colorado Department of Health and Environment Enclosed for Board approval is a Task Order Contract between the Department's Area Agency on Aging and the Colorado Department of Health and Environment. This Contract was presented at the Board's August 30, 2010, Work Session. The Area Agency on Aging will act as the lead agency for the implementation and marketing of the Chronic Disease Self-Management Expansion Program funded through the American Reinvestment and Recovery Act. The maximum reimbursement for the contract period will be $25,000.00. The term of this Contract is October 15, 2010 through March 30, 2012. If you have questions, please give me a call at extension 6510. 2010-2391 • STATE OF COLORADO Bill Ritter,Jr.,Governor �p co Martha E. Rudolph, Executive Director E q Dedicated to protecting and improving the health and environment of the people of Colorado ,. p F� 4300 Cherry Creek Dr.S. Laboratory Services Division JI Denver,Colorado 80246-1530 8100 Lowry Blvd. torn,�` Phone(303)692-2000 Denver,Colorado 80230-6928 TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us and Environment O •c November 11, 2010 cr Eva Jewell Weld County Area Agency on Aging P.O. Box 758 ti> Greeley, CO 80632 Dear Ms. Jewell: Enclosed is your copy of the fully executed Colorado Department of Public Health and Environment Task Order listed below. You may begin work on November 2, 2010. Contractor Name: Weld County Department of Human Services Task Order Number: 11 FLA 23766 Original Contract Number: N/A Division: Prevention Services Division/PSD Program Name: Chronic Disease Self Management/CDSM Project Name: Chronic Disease Self Management Program (CDSMP) Expansion Reason for Contract: New Contract Please contact me with questions or concerns. My contact information is listed below. Sincerely, do Chandra Hardwick Department of Public Health and Environment PSD-CDPB-SMSU 4300 Cherry Creek Dr., South Denver, CO 80246 Phone: 303-692-2505 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ROUTING NO.11 FLA 23766 ARRA FUNDED-APPROVED TASK ORDER CONTRACT-WAIVER#154 This Task Order Contract is issued pursuant to Master Contract made on 01/23/07,with routing number 08 FAA 00052 STATE: CONTRACTOR: State of Colorado for the use&benefit of the Board of County Commissioners of Weld Department of Public Health and County(a political subdivision of the State of Environment Colorado), 915 10'^ Street PSD-CDPB-SMSU Greeley, Colorado 80632-0758, 4300 Cherry Creek Drive South acting by and through Weld County Denver, Colorado 80246 Department of Human Services for the use and benefit of the Weld County Area Agency on Aging,315 North 11,5 Avenue Building C Greeley,Colorado 80632 TASK ORDER MADE DATE: CONTRACTOR ENTITY TYPE 09/29/2010 Colorado Political Subdivision PO/SC ENCUMBRANCE NUMBER: PO FLA PPG1123766 TERM: BILLING STATEMENTS RECEIVED: This Task Order shall be effective upon Monthly approval by the State Controller,or designee, or on 10/15/2010,whichever is later. The STATUTORY AUTHORITY: Task Order shall end on 03/30/2012. NA PRICE STRUCTURE: CONTRACT PRICE NOT TO EXCEED: Cost Reimbursement $25,000.00 PROCUREMENT METHOD: FEDERAL FUNDING DOLLARS: $25,000.00 Exempt STATE FUNDING DOLLARS: $0.00 BID/REP/LIST PRICE AGREEMENT NUMBER: MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR: Not Applicable FY 11: $15,057.00 FY 12: $9,943.00 LAW SPECIFIED VENDOR STATUTE: Not Applicable STATE REPRESENTATIVE. CONTRACTOR REPRESENTATIVE: Carla Woolford Eva Jewell Department of Public Health and Environment Weld County Area Agency on Aging PSD- CDPB-SMSU P.O. Box 758 4300 Cherry Creek Drive South Greeley,Colorado 80632 Denver,Colorado 80246 SCOPE OP WORK: ARRA FUNDED-To perform work for the implementation of the Chronic Disease Self- Management (CDSM) Program in Colorado. Page 1 of 10 Rev 6/25/09 (9C/C1 -aw' EXHIBITS: The following exhibits are hereby incorporated: Exhibit A- Additional Provisions (and its attachments if any—e.g., A-1,A-2,etc.) Exhibit B - Statement of Work and Budget(and its attachments if any—e.g., B-1, B-2,etc.) Exhibit C- Budget GENERAL PROVISIONS The following clauses apply to this Task Order Contract. These general clauses may have been expanded upon or made more specific in some instances in exhibits to this Task Order Contract. To the extent that other provisions of this Task Order Contract provide more specificity than these general clauses,the more specific provision shall control. 1. This Task Order Contract is being entered into pursuant to the terms and conditions of the Master Contract including,but not limited to, Exhibit One thereto. The total term of this Task Order Contract, including any renewals or extensions,may not exceed five(5)years. The parties intend and agree that all work shall be performed according to the standards,terms and conditions set forth in the Master Contract. 2. In accordance with section 24-30-202(1), C.R.S.,as amended,this Task Order Contract is not valid until it has been approved by the State Controller,or an authorized delegee thereof The Contractor is not authorized to,and shall not;commence performance under this Task Order Contract until this Task Order Contract has been approved by the State Controller or delegee. The State shall have no financial obligation to the Contractor whatsoever for any work or services or,any costs or expenses, incurred by the Contractor prior to the effective date of this Task Order Contract. If the State Controller approves this Task Order Contract on or before its proposed effective date,then the Contractor shall commence performance under this Task Order Contract on the proposed effective date. If the State Controller approves this Task Order Contract after its proposed effective date,then the Contractor shall only commence performance under this Task Order Contract on that later date. The initial term of this Task Order Contract shall continue through and including the date specified on page one of this Task Order Contract,unless sooner terminated by the parties pursuant to the terms and conditions of this Task Order Contract and/or the Master Contract. Contractor's commencement of performance under this Task Order Contract shall be deemed acceptance of the terms and conditions of this Task Order Contract. 3. The Master Contract and its exhibits and/or attachments are incorporated herein by this reference and made a part hereof as if fully set forth herein. Unless otherwise stated,all exhibits and/or attachments to this Task Order Contract are incorporated herein and made a part of this Task Order Contract. Unless otherwise stated, the terms of this Task Order Contract shall control over any conflicting terms in any of its exhibits. In the event of conflicts or inconsistencies between the Master Contract and this Task Order Contract(including its exhibits and/or attachments),or between this Task Order Contract and its exhibits and/or attachments,such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) Supplemental Provisions for Contracts,Grants,and Purchase Orders Using Funds Provided under the American Recovery and Reinvestment Act of 2009 as of 8-21-09;2)the Special Provisions of the Master Page 2 of 10 Rev 6/25/09 Contract;3)the Master Contract(other than the Special Provisions)and its exhibits and attachments in the order specified in the Master Contract;4)this Task Order Contract;5)the Additional Provisions- Exhibit A, and its attachments if included,to this Task Order Contract;6) the Scope/Statement of Work-Exhibit B,and its attachments if included,to this Task Order Contract;7)other exhibits/attachments to this Task Order Contract in their order of appearance. 4. The Contractor,in accordance with the terms and conditions of the Master Contract and this Task Order Contract,shall perform and complete, in a timely and satisfactory manner,all work items described in the Statement of Work and Budget,which are incorporated herein by this reference,made a part hereof and attached hereto as"Exhibit B". 5. The State,with the concurrence of the Contractor,may,among other things,prospectively renew or extend the term of this Task Order Contract, subject to the limitations set forth in the Master Contract, increase or decrease the amount payable under this Task Order Contract, or add to,delete from,and/or modify this Task Order Contract's Statement of Work through a contract amendment. To be effective,the amendment must be signed by the State and the Contractor,and be approved by the State Controller or an authorized delegate thereof. This contract is subject to such modifications as may be required by changes in Federal or State law,or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Task Order Contract on the effective date of such change as if fully set forth herein. 6. The conditions,provisions,and terms of any RFP attached hereto, if applicable,establish the minimum standards of performance that the Contractor must meet under this Task Order Contract. If the Contractor's Proposal, if attached hereto,or any attachments or exhibits thereto,or the Scope/Statement of Work- Exhibit B,establishes or creates standards of performance greater than those set forth in the RFP,then the Contractor shall also meet those standards of performance under this Task Order Contract. 7. STATEWIDE CONTRACT MANAGEMENT SYSTEM[This section shall apply when the Effective Date is on or after July 7, 2009 and the maximum amount payable to Contractor hereunder is$100,000 or higher] By entering into this Task Order Contract,Contractor agrees to be governed, and to abide,by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and§24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's performance shall be evaluated in accordance with the terms and conditions of this Task Order Contract, State law, including CRS §24-103.5-101,and State Fiscal Rules,Policies and Guidance. Evaluation of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include,but shall not be limited to quality,cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Task Order Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Task Order Contract. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Task Order Contract term. Contractor shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the performance measures established under the Statement of Project,the Executive Director of the Colorado Department of Personnel and Administration(Executive Director),upon request by the Colorado Department of Public Health and Environment and showing of good cause,may debar Contractor and Page 3 of 10 Rev 6/25/09 prohibit Contractor from bidding on future contracts.Contractor may contest the final evaluation and result by: (i)filing rebuttal statements,which may result in either removal or correction of the evaluation(CRS §24-105-102(6)),or(ii)under CRS §24-105-102(6),exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107,201 or 202,which may result in the reversal of the debarment and reinstatement of Contractor,by the Executive Director,upon showing of good cause. Page 4 of 10 Rev 6/25/09 State of Colorado Supplemental Provisions for Contracts,Grants,and Purchase Orders Using Funds Provided under the American Recovery and Reinvestment Act of 2009 As of 8-21-09 The contract,grant,or purchase order to which these Supplemental Provisions are attached has been funded,in whole or in part,with ARRA Funds. In the event of a conflict between the provisions of these Supplemental Provisions,the Special Provisions,the contract or any attachments or exhibits incorporated into and made a part of the contract,the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions,the following terms shall have the meanings ascribed to them below. 1.1. "ARRA"means the American Recovery and Reinvestment Act of 2009,(Public Law 11 I-5). 1.2. "ARRA Funds"means any funds that are expended or obligated from appropriations made under ARRA. 1.3. "ARRA Project"means a project or program funded directly by or assisted, in whole or in part,by ARRA Funds. 1.4. "Contract" means the contract to which these Supplemental Provisions are attached and includes a grant contract or a loan contract. 1.5. "Contracting Entity"means a Prime Recipient,a Subrecipient,or a Recipient Vendor. 1.6. "Contractor"means the party or parties to the Contract other than the Prime Recipient and includes a grantee, subgrantee,or a borrower. For purposes of ARRA reporting,Contractor is either a Subrecipient or a Recipient Vendor under this Contract. 1.7. "Entity"means a governmental body; legally recognized for profit or nonprofit business organization, such as a corporation,limited liability company,or partnership;or sole proprietor and excludes individual recipients of Federal assistance. 1.8. "FFATA"means the Federal Funding Accountability and Transparency Act of 2006(Public Law 109- 282). 1.9. "Prime Recipient"means a Colorado State Agency or Institution of Higher Education that receives ARRA Funds directly from a Federal Agency in the form of a grant,loan,or cooperative agreement. 1.10. "Subcontractor"means an Entity engaged by Contractor to provide goods or perform services in connection with this contract. 1.11. "Subrecipient"means a non-Federal Entity receiving ARRA Funds through a Prime Recipient to support the performance of the ARRA Project for which the ARRA Funds were awarded. A Subrecipient is subject to the terns and conditions of the Federal award to the Prime Recipient, including program compliance requirements.The term"Subrecipient"includes and may be referred to as Subgrantee. 1.12. "Supplemental Provisions"means these Supplemental Provisions for Contracts and Grants Using Funds Provided under the American Recovery and Reinvestment Act of 2009,as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado Agency or Institution of Higher Education. 1.13. "Vendor"means a dealer,distributor,merchant or other seller providing goods or services required for a project or program funded by ARRA. A Vendor is not subject to all the terms and conditions of the Federal award,and all program compliance requirements do not pass through to a Vendor.However,a Vendor may be subject to selected program compliance requirements. See§22 of these Supplemental Page 5 of 10 Rev 6/25/09 Provisions. 1.13.1 "Recipient Vendor"means a Vendor that receives ARRA Funds from a Prime Recipient. 1.13.2"Subrecipient Vendor"means a Vendor that receives ARRA Funds from a Subrecipient. 2. Compliance.Contractor shall comply with all applicable provisions of ARRA and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions,without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions,but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. ARRA Contracts and Subcontracts. Contractor shall include these Supplemental Provisions in all of its contracts and subcontracts using ARRA Funds,in whole or in part,and shall provide written notification of revisions hereto to all parties to such contracts or subcontracts in accordance with§2 above. Contractor shall ensure that all subcontractors comply with applicable provisions of ARRA. 4. Debarred or Suspended Entities. Contractor shall not enter into any contract or subcontract in connection with this Contract with a party that has been debarred or suspended from contracting with the Federal Government or the State of Colorado. See Excluded Parties List System at https://www.epls.govt. 5. Conflict of Laws. In the event of a conflict between the laws of the State of Colorado or these Supplemental Provisions and ARRA,ARRA shall control. 6. Whistle Blower Protection.ARRA§1553.Contractor shall not discharge,demote or otherwise discriminate against an employee as a reprisal for disclosures by the employee of information that the employee reasonably believes is evidence of: (a)gross mismanagement of a contract or grant relating to ARRA Funds;(b)a gross waste of ARRA Funds; (c)a substantial and specific danger to public health or safety related to the implementation or use of ARRA Funds;(d)an abuse of authority related to implementation or use of ARRA Funds;or(e)a violation of law, rule,or regulation related to a contract, including the competition for or negotiation of a contractor grant,awarded or issued relating to ARRA Funds. Contractor shall post a notice of the rights and remedies available to employees under ARRA§I553 in all workplaces where employees perform work that is funded in whole or in part by money authorized under the ARRA. A sample notice can be found at www.recovery.gov/?q=content/whistleblower-information. Contractor specifically acknowledges that Contractor and its employees are aware of and shall abide by the provisions of ARRA§1553. Contractor shall include the language and requirements of this subsection("Whistleblower Protection under§1553 of the ARRA") in all of its contracts and agreements with employees,subcontractors and anyone else who performs work on behalf of Contractor. 7. False Claims Act.31 U.S.C.§§3729-3733.Contractor shall refer promptly to an appropriate Federal Inspector General any credible evidence that a principal,employee,agent,contractor,subgrantee,subcontractor or other person has committed a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct involving ARRA funds. 8. Reporting of Fraud,Waste, and Abuse.Contractor shall also refer promptly to the Colorado Office of the State Controller(OSC)any credible evidence that a principal,employee,agent,contractor,subgrantee, subcontractor,or other person has committed a criminal or civil violation of laws pertaining to fraud,waste,and abuse involving ARRA Funds.The OSC shall report such incidents of misconduct to the appropriate State Agency and appropriate Federal authority. Contact information for reporting fraud,waste,and abuse to the OSC is located at http://www.colorado.gov/dpa/dfp/sco/contracts'ARRA/ARRA Main Page.htm 9. Inspection of Records.ARRA§§902, 1515. Contractor shall permit the United States Comptroller General and his or her representatives or any representative of an appropriate Inspector General appointed under§3 or §8G of the Inspector General Act of 1978,as amended(5 U.S.C. App.)to:(a)examine any records of the Contractor or any of its Subcontractors that directly pertain to,and involve transactions relating to this Contract or any contract or subcontract using ARRA Funds;and(b)interview any officer or employee of Contractor or Page 6 of 10 Rev 6/25/09 any of its Subcontractors regarding such transactions.Contractor shall permit the State of Colorado,the Federal Government or any other duly authorized agent of a governmental agency with jurisdiction to audit,inspect, examine,excerpt,copy and/or transcribe Contractor's or such Subcontractor's records during the term of this Contract and for a period of three years following termination of this Contract or final payment hereunder, whichever is later,to assure compliance with these terns or to evaluate Contractor's performance hereunder. 10. Wage Rate Requirements—Davis-Bacon Wage Determinations.ARRA§1606.Contractor and its Subcontractors shall pay all laborers and mechanics employed on ARRA Projects by Contractor or any of its Subcontractors at wage rates not less than those prevailing on projects of a character similar in the locality,as determined by the United States Secretary of Labor in accordance with Subchapter IV of Chapter 31 of Title 40 of the United States Code. The Secretary of Labor's determination regarding the prevailing wages applicable in Colorado is available at http://www.krpo.gov/davisbacon/co.html. 11. Job Opportunity Posting Requirements.Governor's Executive Order D 01409.Contractor shall post notice of job openings created by ARRA funded projects on the Colorado Department of Labor and Employment job website,http://www.connectingcolorado.com. In the performance of this duty, Contractor and any of its Subcontractors shall post jobs on Connecting Colorado Job Site that clearly designates the job opening as an ARRA job in a form and manner prescribed by the Colorado Department and Labor and Employment. 12. Buy American Requirement-Construction. ARRA§1605. All iron,steel and manufactured goods used in any ARRA Project for the construction,alteration, maintenance,or repair of a public building or public work shall be produced in the United States in a manner consistent with United States obligations under international agreements. This requirement can be waived only by the awarding Federal Agency in limited situations. 13. Environmental and Preservation Requirements.ARRA§1609.Contractor shall comply with all applicable Federal, State,and Local environmental and historic preservation requirements and shall provide any information requested by the awarding Federal Agency to ensure compliance with applicable laws,including National Environmental Policy Act,as amended(42 U.S.C. 4321-4347)and National Historic Preservation Act (16 U.S.C.470 et seq.). 14. Non-discrimination.Contractor shall comply with Title VI and Title VII of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.), Section 504 of the Rehabilitation Act of 1973(29 U.S.C. 701 et seq.),Title IX of the Education Amendments of 1972(20 U.S.C. 1681-1688),the Age Discrimination Act of 1975 (42 U.S.C.6101- 6107),and other civil rights laws applicable to recipients of Federal financial assistance. 15. Identification and Registration Information. If Contractor is a Subrecipient,Contractor shall obtain a Dun& Bradstreet DUNS number(or update the existing DUNS record),and register with the Central Contractor Registration(CCR),the primary registrant database for the Federal government. 16. Fixed Price—Competitively Bid.ARRA §1554.Contractor,to the maximum extent possible,shall award subcontracts as fixed-price subcontracts under this Contract using competitive bid procedures.Contractor shall provide to its Contracting Entity a summary of any contract or subcontract awarded using ARRA Funds that is not fixed-price or not awarded using competitive procedures. 17. Publication.Contractor shall include the Colorado Recovery logo on all project signage,and is encouraged,to the maximum extent possible,to use the logo on all other publications in connection with the activities funded by the Prime Recipient that use ARRA funds. 18. Prohibition on Use of Funds.ARRA§1604.ARRA funds shall not be used for any casino or other gambling establishment, aquarium,zoo,golf course,or swimming pool. 19. Enforceability. If Contractor fails to comply with all applicable Federal and State requirements governing the use of ARRA funds,the State of Colorado may withhold or suspend, in whole or in part,funds awarded under the ARRA project,or recover misspent funds following an audit pursuant to §9, above. The remedy under this Page 7 of 10 Rev 6/25/09 provision shall be in addition to all other remedies provided to the State of Colorado for recovery of misspent funds available under all applicable State and Federal laws. 20. One Time Funding.Contractor acknowledges and understands that ARRA Projects will not be continued with funds appropriated by the State of Colorado after ARRA Funds are expended or are no longer available. 21.Segregation of Costs. Contractor shall segregate obligations with respect to and expenditures of ARRA Funds from other sources of funding. ARRA Funds shall not be comingled with any other funds or used for a purpose other than the payment of costs allowable under ARRA. 22. Reporting. §1512,FFATA§2.Contractor shall report to its Contracting Entity the data elements required in §23 if Contractor is a Subrecipient or in §24 if Contractor is a Recipient Vendor. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions,as the cost of producing such reports shall be deemed included in the Contract price. The reporting requirements in§§23 and 24 are based on guidance from the US Office of Management and Budget(OMB),and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract. The State may provide written notice to Contractor of any such change in accordance with§2 above,but such notice shall not be a condition precedent to Contractor's duty to comply with revised OMB reporting requirements. The Colorado Office of the State Controller shall provide summaries of revised OMB reporting requirements as well as reporting templates for Subrecipients and Recipient Vendors at: http://www.colorado.uov/dpa/dfp/sco/contracts,/ARRA!ARIZA Main Page.htm 23. Subrecipient Reporting. If Contractor is a Subrecipient,Contractor shall report to its Contracting Entity as set forth below. 23.1 Initial Reporting. A Subrecipient shall report the following data elements to its Contracting Entity upon the effective date of the contract: 23.1.1 Subrecipient DUNS Number 23.1.2 Congressional District of Subrecipient 23.1.3 Primary Place of Performance Information, including: Street Address, State,Country,City,Zip code+4 23.1.4 Subrecipient Officers'Names(Top 5)if all three criteria are met:1)80%or more of Subrecipient's annual gross revenue is from Federal contracts,2) Subrecipient's annual gross revenue from Federal contracts is$25 million or more,and 3)Subrecipient's officer names are not publicly available. See page 19 of Recipient Reporting Data Model V3.0 for Quarter Ending September 30,2009 at http://wrvw.colorado.eov/dpa/dfp/sco/contracts/ARRA/ARRA Main Paee.htm. 23.1.5 Subrecipient Officers' Total Compensation(Top 5)if criteria in§23.1.4 met 23.2 Monthly Reporting. A Subrecipient shall report to its Contracting Entity no later than the 25th day of each month the following inception-to-date data elements as of the end of the prior month: 23.2.1 Job Creation Narrative for both the Subrecipient and the Subrecipient's Vendors 23.2.2 Number of Jobs Created or Retained for both the Subrecipient and the Subrecipient's Vendors 23.2.3 SubAward number or other identifying number assigned by the Subrecipient to each Subrecipient Vendor(this number cannot be a personal identifying number such as a social security number or federal employer identification number) 23.2.4 Vendor name and Zip code+4 of Vendor's headquarters for each Subrecipient Vendor;the Subrecipient Vendor's DUNS number may also be provided if available 23.2.5 Subrecipient shall establish reporting deadlines for its Subrecipient Vendors. 24. Recipient Vendor Reporting. A Recipient Vendor shall report to its Contracting Entity no later than the 25th day of each month the following inception-to-date data elements as of the end of the prior month: 24.1.1 Job Creation Narrative 24.1.2 Number of Jobs Created or Retained Page 8 of 10 Rev 6/25/09 25. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract,at law or in equity. 26. Reporting Framework—see chart below. Federal1Agency Prime Recipient Subrecipient Recipient Vendor Subrecipient'Vendor Page 9 of 10 Rev 6/25/09 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR: STATE OF COLORADO: Board of County Commissioners of Weld BILL RITTER,JR.GOVERNOR County(a political subdivision of the State of Colorado)acting by and through Weld County Department of Human Services for the use and benefit of the Weld County Area Agency on Aging Legal Name of Contracting Entity By For Executive Director Department of Public Health and Environment Signature of Authori ed Officer / Barbara Kirkmeyer Print Name of Authorized Officer 10/11/2010 Department Program Approval: Chair Pro—Tern By /Z _— Print Title of Authorized Officer ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS§24-30-202 requires the State Controller to approve all State Contracts.This Contract is not valid until signed and dated below by the State Controller or delegate.Contractor is not authorized to begin performance until such time.If Contractor begins performing prior thereto,the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER: David J.McDermott,CPA Date I Page 10 of 10 Rev 6/25/09 &C/C - %�/ EXHIBIT A ADDITIONAL PROVISIONS To Task Order Contract Dated 09/29/2010 - Contract Routing Number 11 FLA 23766 These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above. Health Insurance Portability and Accountability Act(HIPAA) Business Associate Determination. The State has determined that this Task Order Contract does not constitute a Business Associate relationship under HIPAA. 2. This Task Order Contract contains federal funds(see Catalog of Federal Domestic Assistance(CPDA) number 93.725) 3. The United State Department of Health and Human Services("USDHHS"),through the Centers for Disease Control and Prevention("CDC")has awarded federal funds under Award number 90RA0039/01, hereinafter"Award",to perform the following— to extend the reach of the Chronic Disease Management Program series to an additional seven hundred Coloradoans. If the underlying Award authorizes the State to pay all allowable and allocable expenses of a contractor as of the effective date of that Award,then the State shall reimburse the Contractor for any allowable and allocable expenses of the Contractor that have been incurred by the Contractor since the proposed effective date of this Task Order Contract. If the underlying Award does not authorize the State to pay all allowable and allocable expenses of a contractor as of the effective date of that Award, then the State shall only reimburse the Contractor for those allowable and allocable expenses of the Contractor that are incurred by the Contractor on or after the effective date of this Task Order Contract,with such effective date being the later of the date specified in this Task Order Contract or the date the Task Order Contract is signed by the State Controller or delegee. 4. To receive compensation under this Task Order Contract,the Contractor shall submit a signed monthly Invoice/Cost Reimbursement Statement in a format acceptable to the State. An Invoice/Cost Reimbursement Statement must be submitted within sixty(60)calendar days of the end of the billing period for which services were rendered. Expenditures shall be in accordance with the Statement of Work attached hereto as Exhibit B and incorporated herein and in accordance with the Budget outlined in Exhibit C. These items may include,but are not limited to, the Contractor's salaries,fringe benefits, supplies, travel,operating,indirect costs which are allowable,and other allocable expenses related to its performance under this Task Order Contract. Invoice/Cost Reimbursement Statements shall: 1)reference this Task Order Contract by its contract routing number,which number is located on page one of this Task Order Contract;2)state the applicable performance dates;3)state the names of payees;4)include a brief description of the services performed during the relevant performance dates;5)describe the incurred expenditures if reimbursement is allowed and requested;and,6)show the total requested payment. Payment during the initial,and any renewal or extension,term of this Task Order Contract shall be conditioned upon affirmation by the State that all services were rendered by the Contractor in accordance with the terms of this Task Order Contract. Invoice/Cost Reimbursement Statements shall be sent to: Colorado Department of Public Health and Environment Accounting/Grants Unit PSD-CDPB-SMSU-A5 4300 Cherry Creek Drive South Denver,CO 80246 To be attached to CDPHE Page 1 of 3 Revised: 12/19/06 Task Order v1.0(11/05)contract template EXHIBIT A To be considered for payment,billings for payments pursuant to this Task Order Contract must be received within a reasonable time after the period for which payment is requested,but in no event no later than sixty (60)calendar days after the relevant performance period has passed. Final billings under this Task Order Contract must be received by the State within a reasonable time after the expiration or termination of this Task Order Contract;but in no event no later than sixty(60)calendar days from the effective expiration or termination date of this Task Order Contract. Unless otherwise provided for in this Task Order Contract,"Local Match", if any,shall be included on all billing statements as required by the funding source. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. 5. Time Limit For Acceptance Of Deliverables. a. Evaluation Period. The State shall have thirty(30)calendar days from the date a deliverable is delivered to the State by the Contractor to evaluate that deliverable,except for those deliverables that have a different time negotiated by the State and the Contractor. b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design specifications for that particular deliverable,or is otherwise deficient,then the State shall notify the Contractor of the failure or deficiencies, in writing,within thirty(30)calendar days of: 1) the date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or deficiency at the time of delivery;or 2)the date the State becomes aware of the failure or deficiency. The above time frame shall apply to all deliverables except for those deliverables that have a different time negotiated by the State and the Contractor in writing pursuant to the State's fiscal rules. c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed deliverable,the Contractor shall have a reasonable period of time,not to exceed ten (10)calendar days,to correct the noted deficiencies. If the Contractor fails to correct such deficiencies within ten (10)calendar days,the Contractor shall be in default of its obligations under this Task Order Contract and the State, at its option,may elect to terminate this Task Order Contract or the Master Contract and all Task Order Contracts entered into pursuant to the Master Contract. 6. The Contractor shall participate in state-level evaluation efforts as requested by the State to include but not be limited to quarterly reports on the implementation and accomplishments of its approved Work Plan,to be due the first(1")calendar day after each calendar quarter.Calendar quarters shall be July 1 through September 30,October 1 through December 31,January 1 through March 31,and April I through June 30, as applicable. Failure to submit quarterly reports in accordance with the above time frames may result in a delay or denial of the reimbursement request for those periods. 7. The Contractor shall not use funds provided under this Task Order Contract for the purpose of lobbying as defined in C.R. S.24-6-301(3.5)(a). 8. The contractor must notify Colorado Department of Public Health and Environment,Prevention Services Division,Chronic Disease Prevention Branch,Self Management Services Unit within 30 days of a management staff change of those employees performing work under this Task Order Contract. 9. Work Plan specifications,attached to this Task Order Contract,may be modified by way of a contract amendment as outlined and described within section 5, General Provisions of this Task Order Contract. Contractor shall submit all requested changes to its approved Work Plan in writing to the State as needed during the contract term. The State will then develop the necessary contract amendment. Contractor must To be attached to CDPHE Page 2 of 3 Revised: 12/19/06 Task Order v1.0(11/05)contract template EXHIBIT A submit revisions at least thirty(30)calendar days prior to the proposed work plan modification date. However,regardless of the date submitted Contractor understands that the revised Work Plan will not become effective until the associated contract amendment has been fully approved in accordance with the State's Fiscal Rules. 10. Funding levels within the Budget,attached to this Task Order Contract,may be modified as follows: a. Up to ten percent(10%)of the total funds originally set forth in each major budget category(e.g., Personal Services, Objectives,Contractual and Indirect)may be transferred to other major budget categories without prior approval by the State; b. Greater than ten percent(10%)of the total fiords originally set forth in each major budget category can be transferred to other major budget categories only after written notice has been given to the State and the State has approved such transfer; c. Where the contract not-to-exceed amount is increased or decreased,the parties shall execute a contract amendment in accordance with section 5,General Provisions,of this Task Order Contract prior to any such budget modification; d. In all instances described in 10a and lob above,the Contractor shall submit a revised budget to the State that shows: the original amount(s),the modification(s)made,and the new amount(s)within thirty(30)calendar days of the date the modification(s)is being requested. However,with regard to paragraph 9c above, in no case shall the transfers become effective until the associated contract amendment has been fully approved in accordance with the State's Fiscal Rules; and e. Any changes in excess of 10%as outlined above requiring an amendment to this agreement,shall be submitted to the State by November 30,2011. I I. Within thirty(30)calendar days after the expiration of the tenn of this Task Order Contract,the Contractor shall submit a written report to the State that describes its key accomplishments in implementing its approved Work Plan,including qualitative and quantitative data collected. The report shall also describe all measurable objectives and the Contractor's overall achievement of its Plan. 12. The following sponsorship information under this Task Order Contract shall be included on all printed materials,educational materials,and paid media: "this project is sponsored by the Colorado Department of Public Health and Environment." 13. Notwithstanding the terms contained in Section 23. Subrecipient Reporting and Section 24. Recipient Vendor Reporting of the Stale of Colorado Supplemental Provision for Contracts, Grants, and Purchase Orders Using Funds Provided under the American Recovery and Reinvestment Act of2009 as of 8-21-09, the Contractor shall submit the reporting information pertaining to this Task Order Contract cumulatively or quarterly as specified on the reporting template provided by CDPHE. 14. Notwithstanding anything in this Task Order Contract to the contrary,the parties understand and agree that all terms and conditions of this Task Order Contract which may require continued performance, compliance,or effect beyond the termination date of the contract and shall survive such termination date and shall be enforceable by the State as provided herein in the event of failure to perform or comply by the Contractor. To be attached to CDPHE Page 3 of 3 Revised: 12/19/06 Task Order v1.0(11/05)contract template EXHIBIT B STATEMENT OF WORK To Task Order Contract Dated 09/29/2010-Contract Routing Number 11 FLA 23766 These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above. 1. The Contractor,in accordance with the terms and conditions of this contract,shall perfonn and complete, in a timely and satisfactory manner, all activities described in the approved Work Plan/Scope of Work that is attached hereto as Attachment B-I and incorporated in accordance with the associated Budget which is attached hereto as Exhibit C and incorporated herein. 2. The Contractor will be required to participate in meetings or trainings as requested by the CDPHE. 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