HomeMy WebLinkAbout20243075.tiffRESOLUTION
RE: APPROVE CONTRACT FOR STATE OPIOID RESPONSE (SOR) GRANT PROGRAM
AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commission
Colorado statute and the Weld County Home Rule
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a
(SOR) Grant Program between the County of Weld,
of County Commissioners of Weld Co• ty, on be
Department of Human Services, Behavi .I Heal
Procurement, Office of Financial Services, me
ending September 29, 2025, with further t
and
of which is attached hereto and
of Weld County, Colorado, pursuant to
rter, is vested with the authority of
the State Opioid Response
d•, by and through the Board
iff's Office, and the Colorado
ation, Division of Contracts and
full execution of signatures, and
ions being as stated in said contract,
WHEREAS, after review, • ,'* it advisable to approve said contract, a copy
rporated ' - ein by reference.
NOW, THEREFO
Weld County, Colorado,
between the County
Commissioners of Weld
of Human Servi = ., Beha
Office of Financ.
BE IT F ' THER RES
to sign sa'• tract.
e Boar
SOLVED by the Board of County Commissioners of
for the State Opioid Response (SOR) Grant Program
f Colorado, by and through the Board of County
alf of the Sheriff's Office, and the Colorado Department
Administration, Division of Contracts and Procurement,
ereby is, approved.
LVED by the Board that the Chair be, and hereby is, authorized
ve and fo egoing Resolution was, on motion duly made and seconded, adopted
by the f• ow' g vote on e 20th day of November, A.D., 2024.
TTEST: 44) w. .4
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Id County Clerk to the Board
e�0 a re '4 I��tvc1
Deputy Clerk to the Board
APPRO\ED AS
ey
Date of signature: 11'75 1
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Perry L :f ck, Pro-Tem
ik- Freeman
tt K. James
on Saine
2024-3075
SO0045
ConivaCfilD1k 8$48
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: State Opioid Response (SOR) grant in the amount of $69,998.82 to support services
targeting opioid use disorder and/or stimulant use disorder for individuals currently in custody at the Weld
County Jail.
DEPARTMENT: Weld County Sheriffs Office DATE: 10/11/2024
PERSON REQUESTING: Brandon Williams, Director of Inmate Services, Weld County Sheriff's Office.
Brief description of the problem/issue: Alternative funding in the amount of $69,998.82 from a SOR grant is
being requested in response to the State's reduction in funding to the Weld County Sheriffs Office (WCSO)
Jail Based Behavioral Services (JBBS) program. These funds will be utilized to subsidize the salaries of JBBS
Staff who provide opioid use disorder and stimulant use disorder treatment for individuals currently
incarcerated at the Weld County Jail.
What options exist for the Board? The Board may decline this request which would adversely impact the
JBBS program's ability to provide support recovery services, i.e. housing costs, clothing, food allowances,
identification, medication, etc., to individuals transitioning out of the Weld County Jail. The Board may approve
this request which would increase the JBBS program's ability to provide support recovery services for
individuals transitioning out of the Weld County Jail.
Consequences: Since its inception individuals enrolled in the WCSO's JBBS Program are significantly
less likely to engage in criminal behaviors that lead to re -incarceration. This low recidivism rate correlates with
the program's ability to provide incarcerated adults with services/resources as they transition into the
community. Without access to these services/resources the released individual may be at greater risk of
relapse and recidivism.
Impacts: The absence of this funding will restrict the program's access to recovery support services
that have historically been correlated with lower rates of recidivism. The managers of the JBBS program will
be compelled to mitigate this impact by seeking alternative funding sources.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The JBBS Program would
continue at no cost and provide additional funding which has proven to be an asset to the Weld County
Sheriff's Office and the citizens of Weld County.
Recommendation: It is recommended that the Weld County Board of County Commissioners enter this
amended contract. Karin McDougal, Weld County Attorney, has reviewed and approved this contract.
Support Recommendation Schedule
Place on BOCC Mends Work Session Other/Comments:
Perry L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross , Chair
Lori Sane
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2024-3075
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STATE OF COLORADO
DEPARTMENT OF HUMAN SERVICES CONTRACT
SIGNATURE AND COVER PAGES
CMS #: 25 IBEH 194150
eClearance#: 2416196
State Agency
Colorado Department of Human Services
Behavioral Health Administration
Contractor
Weld County Colorado for the use and benefit of
Weld County Sheriffs Department
Contractor's State of Incorporation: Colorado
Contract Maximum Amount
Initial Term
Federal Fiscal Year 2025 $69,998.82
Extension Terms
None
Maximum Amount for All Fiscal Years $69,998.82
Contract Performance Beginning Date
The later of the Effective Date or September, 30 2024
Initial Contract Expiration Date
September 29, 2025
Except as stated in §2.D, the total duration of this
Contract, including the exercise of any options to
extend, shall not exceed Five (5) Years from its
Performance Beginning Date.
Pricing/Funding
Price Structure: Cost Reimbursement
Contractor shall invoice: Monthly
Fund Source: State Opioid Response (SOR) Grants
CFDA 93.788
Options
The State shall have the following options if indicated with
"Yes," as further described in §2.C and §5.B.v:
Option to Extend Term per §2.C: Yes
Option to Increase or Decrease Maximum Amount per
§5.B.v: Yes
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Insurance
Miscellaneous
Contractor shall maintain the following insurance if
Authority to enter into this Contract exists in: C.R.S. § 27 -
indicated with "Yes," as further described in §10:
60-106.
Law -Specified Vendor Statute (if any): N/A
Worker's Compensation: Yes
Procurement Method: Exempt
General Liability: Yes
Solicitation Number (if any): N/A
Automobile Liability: Yes
Protected Information: Yes
Professional Liability Insurance: Yes
Cyber/Net. Security -Privacy Liability Insurance: No
Crime Insurance: No
State Representative
Contractor Representative
Erin Wester, Deputy Commissioner
Julie Witkowski, Family Resource Division Head
Behavioral Health Administration
Weld County Sheriffs Office
710 S Ash St C140, Denver CO 80246
1150 O Street Greeley, Colorado 80634
303-748-5752 I erin.wester@state.co.us
970-400-6777/witkowjx@weld.gov
Exhibits
The following Exhibits are attached and incorporated into this Contract:
Exhibit A - Statement of Work
Exhibit B - Budget
Exhibit C - Miscellaneous Provisions
Exhibit D - HIPAA Provisions
Exhibit E - Supplemental Provisions for Federal Awards
Contract Purpose
The purpose of this Contract is to provide State Opioid Response Grant funding to support services targeting opioid use
disorder and/or stimulant use disorder and/or polyuse disorder for individuals currently in custody. This contract adds
$69,998.82 in new funding for Federal Fiscal Year 2025.
Signature Page Begins On Next Page
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Contract represents and warrants that he or she is duly authorized to
execute this Contract and to bind the Party authorizing his or her signature.
CONTRACTOR
Weld County Colorado for the use and benefit of
Weld County Sheriffs Department
STATE OF COLORADO
Jared S. Polis, Governor
Department of Human Services
Michelle Barnes, Executive Director
By: Kevin D. Ross, Chair, Board of
County Commissioners
Date:
By: Dannette R. Smith, Commissioner
Behavioral Health Administration
Date:
2nd State or Contractor Signature if Needed
LEGAL REVIEW
Philip J. Weiser, Attorney General
By:
By: Name & Title of Person Signing for Signatory
Date:
Assistant Attorney General
Date:
In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Telly Belton/Toni Williamson/ Amanda Rios
Effective Date:
-- Signature and Cover Pages End --
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TABLE OF CONTENTS
SIGNATURE AND COVER PAGES 1
1. PARTIES 4
2. TERM AND EFFECTIVE DATE 4
3. DEFINITIONS 6
4. STATEMENT OF WORK 10
5. PAYMENTS TO CONTRACTOR 10
6. REPORTING -NOTIFICATION 12
7. CONTRACTOR RECORDS .13
8. CONFIDENTIAL INFORMATION -STATE RECORDS 14
9. CONFLICTS OF INTEREST 16
10. INSURANCE 17
11. BREACH OF CONTRACT 20
12. REMEDIES 20
13. STATE'S RIGHT OF REMOVAL .22
14. DISPUTE RESOLUTION 22
15. NOTICES AND REPRESENTATIVES 23
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 23
17. STATEWIDE CONTRACT MANAGEMENT SYSTEM 25
18. GENERAL PROVISIONS 25
19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) 30
20. DEPARTMENT OF HUMAN SERVICES PROVISIONS .33
21. THIRD PARTY CERTIFICATION FOR ACCESS TO PII THROUGH A DATABASE OR
AUTOMATED NETWORK 35
22. FEDERAL PROVISIONS 36
21. SAMPLE OPTION LETTER (IF APPLICABLE) 41
1. PARTIES
This Contract is entered into by and between Contractor named on the Signature and
Cover Pages for this Contract (the "Contractor"), and the STATE OF COLORADO acting by
and through the Department of Human Services (the "State" or "CDHS"). Contractor and the
State agree to the terms and conditions in this Contract.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Contract shall not be valid or enforceable until the Effective Date. The State shall
not be bound by any provision of this Contract before the Effective Date, and shall have no
obligation to pay Contractor for any Work performed or expense incurred before the Effective
Date or after the expiration or sooner termination of this Contract.
B. Initial Term
The Parties' respective performances under this Contract shall commence on the Contract
Performance Beginning Date shown on the Signature and Cover Pages for this Contract and shall
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terminate on the Initial Contract Expiration Date shown on the Signature and Cover Pages for
this Contract (the "Initial Term") unless sooner terminated or further extended in accordance
with the terms of this Contract.
C. Extension Terms - State's Option
If the Signature and Cover Pages for this Contract shows that the State has the Option to
Extend Term, then the State, at its discretion, shall have the option to extend the performance
under this Contract beyond the Initial Term for a period, or for successive periods, at the same
rates and under the same terms specified in the Contract (each such period an "Extension
Term"). In order to exercise this option, the State shall provide written notice to Contractor in a
form substantially equivalent to §21 "Sample Option Letter." The State may include and
incorporate a revised budget with the option letter, as long as the revised budget does not
unilaterally change rates or terms specified in the Contract. Except as stated in §2.D, the total
duration of this Contract, including the exercise of any options to extend, shall not exceed 5
years from its Performance Beginning Date, or the number of years specified on the Signature
and Cover Pages if such number is less than 5 years, absent prior approval from the Chief
Procurement Officer in accordance with the Colorado Procurement Code.
D. End of Term Extension
If this Contract approaches the end of its Initial Term, or any Extension Term then in
place, the State, at its discretion, upon written notice to Contractor as provided in §15, may
unilaterally extend such Initial Term or Extension Term for a period not to exceed 2 months (an
"End of Term Extension" or "Holdover"), regardless of whether additional Extension Terms are
available or not. Any such extension shall be under the same terms and conditions of the
operative Contract including, but not limited to, prices, rates, and service delivery requirements.
The provisions of this Contract in effect when such notice is given shall remain in effect during
the End of Term Extension. The End of Term Extension shall automatically terminate upon
execution of a replacement contract or modification extending the total term of the Contract.
E. Early Termination in the Public Interest
The State is entering into this Contract to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Contract ceases to
further the public interest of the State, the State, in its discretion, may terminate this Contract in
whole or in part. A determination that this Contract should be terminated in the public interest
shall not be equivalent to a State right to terminate for convenience. This subsection shall not
apply to a termination of this Contract by the State for Breach of Contract by Contractor, which
shall be governed by §12.A.i.
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i. Method and Content
The State shall notify Contractor of such termination in accordance with §15. The notice
shall specify the effective date of the termination and whether it affects all or a portion of this
Contract, and shall include, to the extent practicable, the public interest justification for the
termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Contractor
shall be subject to the rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Contract in the public interest, the State shall pay Contractor
an amount equal to the percentage of the total reimbursement payable under this Contract that
corresponds to the percentage of Work satisfactorily completed and accepted, as determined by
the State, less payments previously made. Additionally, if this Contract is less than 60%
completed, as determined by the State, the State may reimburse Contractor for a portion of actual
out-of-pocket expenses, not otherwise reimbursed under this Contract, incurred by Contractor
which are directly attributable to the uncompleted portion of Contractor's obligations, provided
that the sum of any and all reimbursement shall not exceed the maximum amount payable to
Contractor hereunder.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Breach of Contract" means the failure of a Party to perform any of its obligations
in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The
institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or
against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its
property, which is not vacated or fully stayed within 30 days after the institution of such
proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-
105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall
constitute a breach.
B. "Business Day" means any day in which the State is open and conducting
business, but shall not include Saturday, Sunday or any day on which the State observes one of
the holidays as listed in §24-11-101(1) C.R.S.
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C. "Chief Procurement Officer" means the individual to whom the Executive
Director has delegated his or her authority pursuant to §24-102-202, C.R.S. to procure or
supervise the procurement of all supplies and services needed by the state.
D. "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.
E. "Contract" means this agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any future
modifications thereto. For purposes of clarification and the removal of any doubt, subject to any
future modifications thereto, the Signature and Cover Pages and Sections 1 through 21, as
identified in the Table of Contents herein above, shall constitute the "main body" of this Contract
exclusively.
F. "Contract Funds" means the funds that have been appropriated, designated,
encumbered, or otherwise made available for payment by the State under this Contract.
G. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
H. "Deliverable" means the outcome to be achieved or output to be provided, in the
form of a tangible object or software that is produced as a result of Contractor's Work that is
intended to be delivered to the State by the Contractor.
I. "Effective Date" means the date on which this Contract is approved and signed by
the Colorado State Controller or designee, as shown on the Signature Page for this Contract. If
this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6),
then Effective Date of this Contract shall be the later of the date on which this Contract is
approved and signed by the State's Chief Information Officer or authorized delegate or the date
on which this Contract is approved and signed by the State Controller or authorized delegate, as
shown on the Signature and Cover Page for this Contract.
J. "End of Term Extension" means the time period defined in §2.D.
K. "Exhibits" means the exhibits and attachments included with this Contract as
shown on the Signature and Cover Pages for this Contract..
L. "Extension Term" means the time period defined in §2.C.
M. "Goods" means any movable material acquired, produced, or delivered by
Contractor as set forth in this Contract and shall include any movable material acquired,
produced, or delivered by Contractor in connection with the Services.
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N. "Incident" means any accidental or deliberate event that results in or constitutes
an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or
destruction of any communications or information resources of the State, which are included as
part of the Work, as described in §§24-37.5-401, et. seq., C.R.S. Incidents include, without
limitation, (i) successful attempts to gain unauthorized access to a State system or State Records
regardless of where such information is located; (ii) unwanted disruption or denial of service;
(iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes
to State system hardware, firmware, or software characteristics without the State's knowledge,
instruction, or consent.
O. "Initial Term" means the time period defined in §2.B.
P. "Party" means the State or Contractor, and "Parties" means both the State and
Contractor.
Q. "PCI" means payment card information including any data related to credit card
holders' names, credit card numbers, or other credit card information as may be protected by
state or federal law.
R. "PHI" means any individually identifiable health information, transmitted or
maintained in electronic or any form or medium, including but not limited to demographic
information„ (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.
S.. "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. "PII" shall also mean "personal identifying information" as set forth in §
24-74-102, et. Seq., C.R.S.
T. "Services" means the services to be performed by Contractor as set forth in this
Contract, and shall include any services to be rendered by Contractor in connection with the
Goods.
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U. "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, Educational Records, Substance Use Disorder Information, and
State personnel records not subject to disclosure under CORA. State Confidential Information
shall not include information or data concerning individuals that is not deemed confidential but
nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the
State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to
Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently
becomes publicly available without breach of any obligation owed by Contractor to the State;
(iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the
right to disclose such information; or (v) was independently developed without reliance on any
State Confidential Information.
V. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State
Controller pursuant to §24-30-202(13)(a), C.R.S.
W. "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.
X. "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.
Y. "Subcontractor" means any third -parties engaged by Contractor to aid in
performance of the Work.
Z. "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.
AA. "Work" means the Goods delivered and Services performed pursuant to this
Contract.
BB. "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 Effective Date that is used, without
modification, in the performance of the Work.
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Any other term used in this Contract that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Contractor shall complete the Work as described in this Contract and in accordance with
the provisions of the Exhibits. The State shall have no liability to compensate Contractor for the
delivery of any goods or the performance of any services that are not specifically set forth in this
Contract.
5. PAYMENTS TO CONTRACTOR
A. Maximum Amount
Payments to Contractor are limited to the unpaid, obligated balance of the Contract
Funds. The State shall not pay Contractor any amount under this Contract that exceeds the
Contract Maximum for that term shown on the Signature and Cover Pages for this Contract.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Contractor in the amounts and in accordance
with the Exhibits.
b. Contractor shall initiate payment requests by invoice to the State,
in a form and manner approved by the State. Invoicing is a material component of Contract
performance and corresponding Deliverables. Invoices shall be due to the State within 45 days of
work performed by the Contractor, unless otherwise stated in the Exhibits hereto. Invoicing shall
be done accurately and per any specifications set forth in the Exhibits hereto. Time is of the
essence in this regard. If Contractor fails to timely and/or properly invoice the State, the State
may not be obligated to pay the bill resulting from said invoice. Failure to timely and/or properly
invoice the State is a material breach of this Contract which would be cause for the State to
refuse payment and/or terminate the contract on these grounds in whole or in part, at the State's
discretion.
c. The State shall pay each invoice within 45 days following the
State's receipt of that invoice, so long as the amount invoiced correctly represents Work
completed by Contractor and previously accepted by the State during the term that the invoice
covers. If the State determines that the amount of any invoice is not correct, then Contractor shall
make all changes necessary to correct that invoice.
d. The acceptance of an invoice shall not constitute acceptance of any
Work performed or deliverables provided under the Contract.
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ii. Interest
Amounts not paid by the State within 45 days of the State's acceptance of the invoice
shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per month,
as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that interest shall
not accrue on unpaid amounts that the State disputes in writing. Contractor shall invoice the State
separately for accrued interest on delinquent amounts, and the invoice shall reference the
delinquent payment, the number of day's interest to be paid and the interest rate.
iii. Payment Disputes
If Contractor disputes any calculation, determination or amount of any payment,
Contractor shall notify the State in writing of its dispute within 30 days following the earlier to
occur of Contractor's receipt of the payment or notification of the determination or calculation of
the payment by the State. The State will review the information presented by Contractor and may
make changes to its determination based on this review. The calculation, determination or
payment amount that results from the State's review shall not be subject to additional dispute
under this subsection. No payment subject to a dispute under this subsection shall be due until
after the State has concluded its review, and the State shall not pay any interest on any amount
during the period it is subject to dispute under this subsection.
iv. Available Funds -Contingency -Termination
The State is prohibited by law from making commitments beyond the term of the current
State Fiscal Year. Payment to Contractor beyond the current State Fiscal Year is contingent on
the appropriation and continuing availability of Contract Funds in any subsequent year (as
provided in the Colorado Special Provisions). If federal funds or funds from any other non -State
funds constitute all or some of the Contract Funds the State's obligation to pay Contractor shall
be contingent upon such non -State funding continuing to be made available for payment.
Payments to be made pursuant to this Contract shall be made only from Contract Funds, and the
State's liability for such payments shall be limited to the amount remaining of such Contract
Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to
fund this Contract, the State may, upon written notice, terminate this Contract, in whole or in
part, without incurring further liability. The State shall, however, remain obligated to pay for
Services and Goods that are delivered and accepted prior to the effective date of notice of
termination, and this termination shall otherwise be treated as if this Contract were terminated in
the public interest as described in §2.E.
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v. Option to Increase Maximum Amount
If the Signature and Cover Pages for this Contract show that the State has the Option to
Increase or Decrease Maximum Amount, then the State, at its discretion, shall have the option to
increase or decrease the statewide quantity of Goods and Services based upon the rates
established in this Contract, and increase or decrease the maximum amount payable accordingly.
In order to exercise this option, the State shall provide written notice to Contractor in a form
substantially equivalent to §21 "Sample Option Letter." Delivery of Goods and performance of
Services shall continue at the same rates and terms as described in this Contract. The State may
include and incorporate a revised budget with the option letter, as long as the revised budget does
not unilaterally change rates or terms specified in the Contract.
6. REPORTING - NOTIFICATION
A. Quarterly Reports.
In addition to any reports required pursuant to §17 or pursuant to any other Exhibit, for
any contract having a term longer than three months, Contractor shall submit, on a quarterly
basis, a written report specifying progress made for each specified performance measure and
standard in this Contract. Such progress report shall be in accordance with the procedures
developed and prescribed by the State. Progress reports shall be submitted to the State at the time
or times specified by the State in this Contract, or, if no time is specified in this Contract, not
later than five Business Days following the end of each calendar quarter.
B. Litigation Reporting
If Contractor is served with a pleading or other document in connection with an action
before a court or other administrative decision making body, and such pleading or document
relates to this Contract or may affect Contractor's ability to perform its obligations under this
Contract, Contractor shall, within 5 days after being served, notify the State of such action and
deliver copies of such pleading or document to the State's principal representative identified on
the Signature and Cover Pages for this Contract.
C. Performance Outside the State of Colorado or the United States, §24-102-206
C.R.S.
To the extent not previously disclosed in accordance with §24-102-206, C.R.S.,
Contractor shall provide written notice to the State, in accordance with §15 and in a form
designated by the State, within 20 days following the earlier to occur of Contractor's decision to
perform Services outside of the State of Colorado or the United States, or its execution of an
agreement with a Subcontractor to perform, Services outside the State of Colorado or the United
States. Such notice shall specify the type of Services to be performed outside the State of
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Colorado or the United States and the reason why it is necessary or advantageous to perform
such Services at such location or locations, and such notice shall be a public record. Knowing
failure by Contractor to provide notice to the State under this section shall constitute a Breach of
Contract. This section shall not apply if the Contract Funds include any federal funds.
7. CONTRACTOR RECORDS
A. Maintenance
Contractor shall maintain a file of all documents, records, communications, notes and
other materials relating to the Work (the "Contractor Records"). Contractor Records shall
include all documents, records, communications, notes and other materials maintained by
Contractor that relate to any Work performed by Subcontractors, and Contractor shall maintain
all records related to the Work performed by Subcontractors required to ensure proper
performance of that Work. Contractor shall maintain Contractor Records until the last to occur
of: (i) the date three years after the date this Contract expires or is terminated, (ii) final payment
under this Contract is made, (iii) the resolution of any pending Contract matters, or (iv) if an
audit is occurring, or Contractor has received notice that an audit is pending, the date such audit
is completed and its findings have been resolved (the "Record Retention Period").
B. Inspection
Contractor shall permit the State, the federal government, and any duly authorized agent
of a governmental entity, to audit, inspect, examine, excerpt, copy and transcribe Contractor
Records during the Record Retention Period. Contractor shall make Contractor Records available
during normal business hours at Contractor's office or place of business, or at other mutually
agreed upon times or locations, upon no fewer than two Business Days' notice from the State,
unless the State determines that a shorter period of notice, or no notice, is necessary to protect
the interests of the State.
C. Monitoring
The State, the federal government, and any other duly authorized agent of a governmental
agency, in its discretion, may monitor Contractor's performance of its obligations under this
Contract using procedures as determined by the State. The State shall monitor Contractor's
performance in a manner that does not unduly interfere with Contractor's performance of the
Work.
D. Final Audit Report
Contractor shall promptly submit to the State a copy of any final audit report of an audit
performed on Contractor's records that relates to or affects this Contract or the Work, whether
the audit is conducted by Contractor or a third party.
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8. CONFIDENTIAL INFORMATION -STATE RECORDS
A. Confidentiality
Contractor shall keep confidential, and cause all Subcontractors to keep confidential, all State
Records, unless those State Records are publicly available. Contractor shall not, without prior
written approval of the State, use, publish, copy, disclose to any third party, or permit the use by
any third party of any State Records, except as otherwise stated in this Contract, permitted by
law or approved in writing by the State. Contractor 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
Contractor or any of its Subcontractors will or may receive the following types of data,
Contractor 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
Contract 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
Contract, if applicable. Contractor shall immediately forward any request or demand for State
Records to the State's Principal Representative.
B. Other Entity Access and Nondisclosure Agreements
Contractor 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 Contract. Contractor shall ensure all such agents, employees,
assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as
protective as those in this Contract, and that the nondisclosure provisions are in force at all times
the agent, employee, assign or Subcontractor has access to any State Confidential Information.
Contractor shall provide copies of those signed nondisclosure provisions to the State upon
execution of the nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Contractor shall use, hold and maintain State Confidential Information in compliance
with any and all applicable laws and regulations only in facilities located within the United
States, and shall maintain a secure environment that ensures confidentiality of all State
Confidential Information. Contractor shall provide the State with access, subject to Contractor'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
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or termination of this Contract, Contractor shall return State Records provided to Contractor or
destroy such State Records and certify to the State that it has done so, as directed by the State. If
Contractor is prevented by law or regulation from returning or destroying State Confidential
Information, Contractor warrants it will guarantee the confidentiality of, and cease to use, such
State Confidential Information.
D. Incident Notice and Remediation
If Contractor becomes aware of any Incident, Contractor 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. Unless Contractor can establish that
Contractor and its Subcontractors are not the cause or source of the Incident, Contractor shall be
responsible for the cost of notifying each person who may have been impacted by the Incident.
After an Incident, Contractor 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. The State may adjust or direct modifications to this plan in its sole discretion,
and Contractor shall make all modifications as directed by the State. If Contractor cannot
produce its analysis and plan within the allotted time, the State, in its discretion, may perform
such analysis and produce a remediation plan, and Contractor shall reimburse the State for the
actual costs thereof. The State may, in its sole discretion and at Contractor's sole expense,
require Contractor to engage the services of an independent, qualified, State -approved third party
to conduct a security audit. Contractor shall provide the State with the results of such audit and
evidence of Contractor's planned remediation in response to any negative findings.
E. Data Protection and Handling
Contractor shall ensure that all State Records and Work Product in the possession of
Contractor or any Subcontractors are protected and handled in accordance with the requirements
of this Contract, including the requirements of any Exhibits hereto, at all times.
F. Safeguarding PII
IF CONTRACTOR OR ANY OF ITS SUBCONTRACTORS WILL OR MAY
RECEIVE PII UNDER THIS CONTRACT, CONTRACTOR 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.
CONTRACTOR SHALL BE A "THIRD -PARTY SERVICE PROVIDER" AS DEFINED IN
§24-73-103(l)(I), C.R.S. AND SHALL MAINTAIN SECURITY PROCEDURES AND
PRACTICES CONSISTENT WITH §§24-73-101 ET SEQ., C.R.S. IN ADDITION, AS SET
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FORTH IN § 24-74-102, ET. SEQ., C.R.S., CONTRACTOR, INCLUDING, BUT NOT
LIMITED TO, CONTRACTOR'S EMPLOYEES, AGENTS AND SUBCONTRACTORS,
AGREES NOT TO SHARE ANY PII WITH ANY THIRD PARTIES FOR THE PURPOSE OF
INVESTIGATING FOR, PARTICIPATING IN, COOPERATING WITH, OR ASSISTING
WITH FEDERAL IMMIGRATION ENFORCEMENT. IF CONTRACTOR IS GIVEN DIRECT
ACCESS TO ANY STATE DATABASES CONTAINING PII, CONTRACTOR SHALL
EXECUTE, ON BEHALF OF ITSELF AND ITS EMPLOYEES, THE CERTIFICATION
DESCRIBED IN SECTION 21 BELOW ON AN ANNUAL BASIS CONTRACTOR'S DUTY
AND OBLIGATION TO CERTIFY AS SET FORTH IN SECTION 21 BELOW SHALL
CONTINUE AS LONG AS CONTRACTOR HAS DIRECT ACCESS TO ANY STATE
DATABASES CONTAINING PII. IF CONTRACTOR USES ANY SUBCONTRACTORS TO
PERFORM SERVICES REQUIRING DIRECT ACCESS TO STATE DATABASES
CONTAINING PII, THE CONTRACTOR SHALL REQUIRE SUCH SUBCONTRACTORS
TO EXECUTE AND DELIVER THE CERTIFICATION TO THE STATE ON AN ANNUAL
BASIS, SO LONG AS THE SUBCONTRACTOR HAS ACCESS TO STATE DATABASES
CONTAINING PII.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Contractor 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 Contractor under this
Contract. Such a conflict of interest would arise when a Contractor or Subcontractor's employee,
officer or agent were to offer or provide any tangible personal benefit to an employee of the
State, or any member of his or her immediate family or his or her partner, related to the award of,
entry into or management or oversight of Contract.
B. Apparent Conflicts of Interest
Contractor acknowledges that, with respect to this Contract, even the appearance of a
conflict of interest shall be harmful to the State's interests. Absent the State's prior written
approval, Contractor shall refrain from any practices, activities or relationships that reasonably
appear to be in conflict with the full performance of Contractor's obligations under this Contract.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Contractor is uncertain whether a
conflict or the appearance of a conflict has arisen, Contractor shall submit to the State a
disclosure statement setting forth the relevant details for the State's consideration. Failure to
promptly submit a disclosure statement or to follow the State's direction in regard to the actual or
apparent conflict constitutes a breach of this Contract.
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D. Contractor acknowledges that all State employees are subject to the ethical
principles described in §24-18-105, C.R.S. Contractor further acknowledges that State
employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this
Contract.
10. INSURANCE
Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and
maintain, insurance as specified in this section at all times during the term of this Contract to the
extent that such insurance policies are required as shown on the Signature and Cover Page for
this Contract. All insurance policies required by this Contract shall be issued by insurance
companies as approved by the State. These insurance requirements shall not be construed as
caps or limitations on liability.
A. Workers' Compensation
Workers' compensation insurance as required by state statute, and employers' liability
insurance covering all Contractor or Subcontractor employees acting within the course and scope
of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any one fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non -owned
autos) with a minimum limit of $1,000,000 each accident combined single limit.
D. Protected Information
Liability insurance covering all civil, regulatory, and statutory damages, contractual damages,
data breach management exposure, and all loss income or extra expense as a result of actual or
alleged breach, violation or infringement of a right to privacy, consumer data protection law,
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confidentiality or other legal protection for personal information as well as State Confidential
Information with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
iii. Notwithstanding sections D(i) and (ii) above, if Contractor has State
Confidential Information for 10 or fewer individuals or revenues of $250,000 or less, Contractor
shall maintain limits of not less than $50,000.
iv. Notwithstanding sections D(i) and (ii) above, if Contractor has State
Confidential Information for 25 or fewer individuals or revenues of $500,000 or less, Contractor
shall maintain limits of not less than $100,000.
E. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or
any negligent act with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
F. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
G. Cyber/Network Security and Privacy Liability
Liability insurance covering civil, regulatory, and statutory damages, contractual
damages, data breach management exposure, and any loss of income or extra expense
as a result of actual or alleged breach, violation or infringement of right to privacy,
consumer data protection law, confidentiality or other legal protection for personal
information, as well as State Confidential Information with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
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H. Additional Insured
The State shall be named as additional insured on all commercial general liability policies
(leases and construction contracts require additional insured coverage for completed operations)
required of Contractor and Subcontractors.
I. Primacy of Coverage
Coverage required of Contractor and each Subcontractor shall be primary and
noncontributory over any insurance or self-insurance program carried by Contractor or the State.
J. Cancellation
The above insurance policies shall include provisions preventing cancellation or non -
renewal, except for cancellation based on non-payment of premiums, without at least 30 days
prior notice to Contractor and Contractor shall forward such notice to the State in accordance
with §15 within seven days of Contractor's receipt of such notice.
K. Subrogation Waiver
All insurance policies secured or maintained by Contractor or its Subcontractors in
relation to this Contract shall include clauses stating that each carrier shall waive all rights of
recovery under subrogation or otherwise against Contractor or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
L. Public Entities
If Contractor is a "public entity" within the meaning of the Colorado Governmental
Immunity Act, §§24-10-101, et seq., C.R.S. (the "GIA"), Contractor shall maintain, in lieu of the
liability insurance requirements stated above, at all times during the term of this Contract such
liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities
under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Contractor
shall ensure that the Subcontractor maintains at all times during the terms of this Contract, in lieu
of the liability insurance requirements stated above, such liability insurance, by commercial
policy or self-insurance, as is necessary to meet the Subcontractor's obligations under the GIA.
M. Certificates
Contractor shall provide to the State certificates evidencing Contractor's insurance
coverage required in this Contract within seven Business Days following the Effective Date.
Contractor shall provide to the State certificates evidencing Subcontractor insurance coverage
required under this Contract within seven Business Days following the Effective Date, except
that, if Contractor's subcontract is not in effect as of the Effective Date, Contractor shall provide
to the State certificates showing Subcontractor insurance coverage required under this Contract
within seven Business Days following Contractor's execution of the subcontract. No later than
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15 days before the expiration date of Contractor's or any Subcontractor's coverage, Contractor
shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other
time during the term of this Contract, upon request by the State, Contractor shall, within seven
Business Days following the request by the State, supply to the State evidence satisfactory to the
State of compliance with the provisions of this section.
11. BREACH OF CONTRACT
In the event of a Breach of Contract, the aggrieved Party shall give written notice of
breach to the other Party. If the notified Party does not cure the Breach of Contract, at its sole
expense, within 30 days after the delivery of written notice, the Party may exercise any of the
remedies as described in §12 for that Party. Notwithstanding any provision of this Contract to the
contrary, the State, in its discretion, need not provide notice or a cure period and may
immediately terminate this Contract in whole or in part or institute any other remedy in the
Contract in order to protect the public interest of the State; or if Contractor is debarred or
suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure
period and may terminate this Contract in whole or in part or institute any other remedy in this
Contract as of the date that the debarment or suspension takes effect.
12. REMEDIES
A. State's Remedies
If Contractor is in breach under any provision of this Contract and fails to cure such
breach, the State, following the notice and cure period set forth in §11, shall have all of the
remedies listed in this section in addition to all other remedies set forth in this Contract or at law.
The State may exercise any or all of the remedies available to it, in its discretion, concurrently or
consecutively.
i. Termination for Breach of Contract
In the event of Contractor's uncured breach, the State may terminate this entire Contract
or any part of this Contract. Contractor shall continue performance of this Contract to the extent
not terminated, if any.
a. Obligations and Rights
To the extent specified in any termination notice, Contractor shall not incur further
obligations or render further performance past the effective date of such notice, and shall
terminate outstanding orders and subcontracts with third parties. However, Contractor shall
complete and deliver to the State all Work not cancelled by the termination notice, and may incur
obligations as necessary to do so within this Contract's terms. At the request of the State,
Contractor shall assign to the State all of Contractor's rights, title, and interest in and to such
terminated orders or subcontracts. Upon termination, Contractor shall take timely, reasonable
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and necessary action to protect and preserve property in the possession of Contractor but in
which the State has an interest. At the State's request, Contractor shall return materials owned by
the State in Contractor's possession at the time of any termination. Contractor shall deliver all
completed Work Product and all Work Product that was in the process of completion to the State
at the State's request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Contractor for
accepted Work received as of the date of termination. If, after termination by the State, the State
agrees that Contractor was not in breach or that Contractor's action or inaction was excusable,
such termination shall be treated as a termination in the public interest, and the rights and
obligations of the Parties shall be as if this Contract had been terminated in the public interest
under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Contractor shall remain liable to
the State for any damages sustained by the State in connection with any breach by Contractor,
and the State may withhold payment to Contractor for the purpose of mitigating the State's
damages until such time as the exact amount of damages due to the State from Contractor is
determined. The State may withhold any amount that may be due Contractor as the State deems
necessary to protect the State against loss including, without limitation, loss as a result of
outstanding liens and excess costs incurred by the State in procuring from third parties
replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional
remedies:
a. Suspend Performance
Suspend Contractor's performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Contractor to an adjustment in price
or cost or an adjustment in the performance schedule. Contractor shall promptly cease
performing Work and incurring costs in accordance with the State's directive, and the State shall
not be liable for costs incurred by Contractor after the suspension of performance.
b. Withhold Payment
Withhold payment to Contractor until Contractor corrects its Work.
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c. Deny Payment
Deny payment for Work not performed, or that due to Contractor's actions or inactions,
cannot be performed or if they were performed are reasonably of no value to the state; provided,
that any denial of payment shall be equal to the value of the obligations not performed.
d. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is
likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right,
Contractor shall, as approved by the State, (i) secure that right to use such Work for the State and
Contractor; (ii) replace the Work with noninfringing Work or modify the Work so that it
becomes noninfringing; or, (iii) remove any infringing Work and refund the amount paid for
such Work to the State.
B. Contractor's Remedies
If the State is in breach of any provision of this Contract and does not cure such breach,
Contractor, following the notice and cure period in §11 and the dispute resolution process in §14,
shall have all remedies available at law and equity.
13. STATE'S RIGHT OF REMOVAL
The State retains the right to demand, at any time, regardless of whether Contractor is in
breach, the immediate removal of any of Contractor's employees, agents, or subcontractors from
the work whom the State, in its sole discretion, deems incompetent, careless, insubordinate,
unsuitable, or otherwise unacceptable or whose continued relation to this Contract is deemed by
the State to be contrary to the public interest or the State's best interest.
14. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of
this Contract which cannot be resolved by the designated Contract representatives shall be
referred in writing to a senior departmental management staff member designated by the State
and a senior manager designated by Contractor for resolution.
B. Resolution of Controversies
If the initial resolution described in §14.A fails to resolve the dispute within 10 Business
Days, Contractor shall submit any alleged breach of this Contract by the State to the Procurement
Official of CDHS as described in §24-102-202(3), C.R.S. for resolution in accordance with the
provisions of §24-106-109, C.R.S., and §§24-109-101.1 through 24-109-505, C.R.S., (the
"Resolution Statutes"), except that if Contractor wishes to challenge any decision rendered by
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the Procurement Official, Contractor's challenge shall be an appeal to the Executive Director of
the Department of Personnel and Administration, or their delegate, under the Resolution Statutes
before Contractor pursues any further action as permitted by such statutes. Except as otherwise
stated in this Section, all requirements of the Resolution Statutes shall apply including, without
limitation, time limitations.
15. NOTICES AND REPRESENTATIVES
Each individual identified on the Signature and Cover Pages shall be the principal
representative of the designating Party. All notices required or permitted to be given under this
Contract shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by
certified or registered mail to such Party's principal representative at the address set forth on the
Signature and Cover Pages for this Contract or (C) as an email with read receipt requested to the
principal representative at the email address, if any, set forth on the Signature and Cover Pages
for this Contract. If a Party delivers a notice to another through email and the email is
undeliverable, then, unless the Party has been provided with an alternate email contact, the Party
delivering the notice shall deliver the notice by hand with receipt required or by certified or
registered mail to such Party's principal representative at the address set forth below. Either
Party may change its principal representative or principal representative contact information by
notice submitted in accordance with this section without a formal amendment to this Contract.
Unless otherwise provided in this Contract, notices shall be effective upon delivery of the written
notice.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
i. Copyrights
To the extent that the Work Product (or any portion of the Work Product) would not be
considered works made for hire under applicable law, Contractor hereby assigns to the State, the
entire right, title, and interest in and to copyrights in all Work Product and all works based upon,
derived from, or incorporating the Work Product; all copyright applications, registrations,
extensions, or renewals relating to all Work Product and all works based upon, derived from, or
incorporating the Work Product; and all moral rights or similar rights with respect to the Work
Product throughout the world. To the extent that Contractor cannot make any of the assignments
required by this section, Contractor hereby grants to the State a perpetual, irrevocable, royalty -
free license to use, modify, copy, publish, display, perform, transfer, distribute, sell, and create
derivative works of the Work Product and all works based upon, derived from, or incorporating
the Work Product by all means and methods and in any format now known or invented in the
future. The State may assign and license its rights under this license.
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ii. Patents
In addition, Contractor grants to the State (and to recipients of Work Product distributed
by or on behalf of the State) a perpetual, worldwide, no -charge, royalty -free, irrevocable patent
license to make, have made, use, distribute, sell, offer for sale, import, transfer, and otherwise
utilize, operate, modify and propagate the contents of the Work Product. Such license applies
only to those patent claims licensable by Contractor that are necessarily infringed by the Work
Product alone, or by the combination of the Work Product with anything else used by the State.
iii. Assignments and Assistance
Whether or not Contractor is under contract with the State at the time, Contractor shall
execute applications, assignments, and other documents, and shall render all other reasonable
assistance requested by the State, to enable the State to secure patents, copyrights, licenses and
other intellectual property rights related to the Work Product. To the extent that Work Product
would fall under the definition of "works made for hire" under 17 U.S.C.S. §101, the Parties
intend the Work Product to be a work made for hire. Contractor assigns to the State and its
successors and assigns, the entire right, title, and interest in and to all causes of action, either in
law or in equity, for past, present, or future infringement of intellectual property rights related to
the Work Product and all works based on, derived from, or incorporating the Work Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Contract, all State Records,
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 information provided by or on behalf
of the State to Contractor are the exclusive property of the State (collectively, "State Materials").
Contractor shall not use, willingly allow, cause or permit Work Product or State Materials to be
used for any purpose other than the performance of Contractor's obligations in this Contract
without the prior written consent of the State. Upon termination of this Contract for any reason,
Contractor shall provide all Work Product and State Materials to the State in a form and manner
as directed by the State.
C. Exclusive Property of Contractor
Contractor retains the exclusive rights, title, and ownership to any and all pre-existing
materials owned or licensed to Contractor including, but not limited to, all pre-existing software,
licensed products, associated source code, machine code, text images, audio and/or video, and
third -party materials, delivered by Contractor under the Contract, whether incorporated in a
Deliverable or necessary to use a Deliverable (collectively, "Contractor Property"). Contractor
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Property shall be licensed to the State as set forth in this Contract or a State approved license
agreement: (i) entered into as exhibits to this Contract; (ii) obtained by the State from the
applicable third -party vendor; or (iii) in the case of open source software, the license terms set
forth in the applicable open source license agreement.
17. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Contractor under this Contract is $100,000 or greater,
either on the Effective Date or at any time thereafter, this section shall apply. Contractor agrees
to be governed by and comply with the provisions of §§24-106-103, 24-102-206, 24-106-106,
and 24-106-107, C.R.S. regarding the monitoring of vendor performance and the reporting of
contract performance information in the State's contract management system ("Contract
Management System" or "CMS"). Contractor's performance shall be subject to evaluation and
review in accordance with the terms and conditions of this Contract, Colorado statutes governing
CMS, and State Fiscal Rules and State Controller Policies.
18. GENERAL PROVISIONS
A. Assignment
Contractor's rights and obligations under this Contract 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 Contractor's rights
and obligations approved by the State shall be subject to the provisions of this Contract
B. Subcontracts
Unless other restrictions are required elsewhere in this Contract, Contractor shall not
enter into any subcontract in connection with its obligations under this Contract without
providing notice to the State. The State may reject any such subcontract, and Contractor shall
terminate any subcontract that is rejected by the State and shall not allow any Subcontractor to
perform any Work after that Subcontractor's subcontract has been rejected by the State.
Contractor shall submit to the State a copy of each such subcontract upon request by the State.
All subcontracts entered into by Contractor in connection with this Contract shall comply with
all applicable federal and state laws and regulations, shall provide that they are governed by the
laws of the State of Colorado, and shall be subject to all provisions of this Contract.
C. Binding Effect
Except as otherwise provided in §18.A., all provisions of this Contract, including the
benefits and burdens, shall extend to and be binding upon the Parties' respective successors and
assigns.
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D. Authority
Each Party represents and warrants to the other that the execution and delivery of this
Contract and the performance of such Party's obligations have been duly authorized.
E. Captions and References
The captions and headings in this Contract are for convenience of reference only, and
shall not be used to interpret, define, or limit its provisions. All references in this Contract 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.
F. Counterparts
This Contract may be executed in multiple, identical, original counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and the
same agreement.
G. Entire Understanding
This Contract 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 Contract. Prior or contemporaneous additions, deletions, or
other changes to this Contract shall not have any force or effect whatsoever, unless embodied
herein.
H. Digital Signatures
If any signatory signs this Contract using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
I. Modification
Except as otherwise provided in this Contract, any modification to this Contract shall
only be effective if agreed to in a formal amendment to this Contract, properly executed and
approved in accordance with applicable Colorado State law and State Fiscal Rules.
Modifications permitted under this Contract, other than contract amendments, shall conform to
the policies issued by the Colorado State Controller.
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J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Contract 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 Effective Date of this Contract.
K. Order of Precedence
In the event of a conflict or inconsistency between this Contract and any Exhibits or
attachments such conflict or inconsistency shall be resolved by reference to the documents in the
following order of priority:
i. HIPAA Business Associate Agreement (if any).
ii. Federal Provisions (if any).
iii. Colorado Special Provisions in §19 of the main body of this Contract.
iv. Information Technology Provisions Exhibit (if any).
v. The provisions of the other sections of the main body of this Contract.
vi. PII Certification (if any)
viii. Any other Exhibit(s) shall take precedence in alphabetical order.
L. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any
provision included in any terms, conditions, or agreements appearing on Contractor's or a
Subcontractor's website or any provision incorporated into any click -through or online
agreements related to the Work unless that provision is specifically referenced in this Contract.
M. Severability
The invalidity or unenforceability of any provision of this Contract shall not affect the
validity or enforceability of any other provision of this Contract, which shall remain in full force
and effect, provided that the Parties can continue to perform their obligations under this Contract
in accordance with the intent of the Contract.
N. Survival of Certain Contract Terms
Any provision of this Contract that imposes an obligation on a Party after termination or
expiration of the Contract shall survive the termination or expiration of the Contract and shall be
enforceable by the other Party.
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O. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C.,
Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and
from State and local government sales and use taxes under §§39-26-704(1), et seq. C.R.S.
(Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable
for the payment of any excise, sales, or use taxes, regardless of whether any political subdivision
of the state imposes such taxes on Contractor. Contractor shall be solely responsible for any
exemptions from the collection of excise, sales or use taxes that Contractor may wish to have in
place in connection with this Contract.
P. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described in §18.A., this
Contract does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties. Enforcement of this Contract and all rights and obligations hereunder are
reserved solely to the Parties. Any services or benefits which third parties receive as a result of
this Contract are incidental to the Contract, and do not create any rights for such third parties.
Q. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Contract,
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.
R. CORA Disclosure
To the extent not prohibited by federal law, this Contract and the performance measures
and standards required under §24-106-107, C.R.S., if any, are subject to public release through
the CORA.
S. Standard and Manner of Performance
Contractor shall perform its obligations under this Contract in accordance with the
highest standards of care, skill and diligence in Contractor's industry, trade, or profession.
T. Licenses, Permits, and Other Authorizations.
Contractor shall secure, prior to the Effective Date, and maintain at all times during the
term of this Contract, at its sole expense, all licenses, certifications, permits, and other
authorizations required to perform its obligations under this Contract, and shall ensure that all
employees, agents and Subcontractors secure and maintain at all times during the term of their
employment, agency or subcontract, all licenses, certifications, permits and other authorizations
required to perform their obligations in relation to this Contract.
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U. Indemnification
i. Applicability
This entire §18.0 does not apply to Contractor if Contractor is a "public entity" within
the meaning of the GIA.
ii. General Indemnification
Contractor shall indemnify, save, and hold harmless the State, its employees, agents and
assignees (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 any act or omission by Contractor, or its
employees, agents, Subcontractors, or assignees in connection with this Contract.
iii. Confidential Information Indemnification
Disclosure or use of State Confidential Information by Contractor in violation of §8 may
be cause for legal action by third parties against Contractor, the State, or their respective agents.
Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all
claims, damages, liabilities, losses, costs, expenses (including attorneys' fees and costs) incurred
by the State in relation to any act or omission by Contractor, or its employees, agents, assigns, or
Subcontractors in violation of §8.
iv. Intellectual Property Indemnification
Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any
and all costs, expenses, claims, damages, liabilities, and other amounts (including attorneys' fees
and costs) incurred by the Indemnified Parties in relation to any claim that any Deliverable,
Good or Service, software, or Work Product provided by Contractor under this Contract
(collectively, "IP Deliverables"), or the use thereof, infringes a patent, copyright, trademark,
trade secret, or any other intellectual property right. Contractor's obligations hereunder shall not
extend to the combination of any IP Deliverables provided by Contractor with any other product,
system, or method, unless the other product, system, or method is (a) provided by Contractor or
Contractor's subsidiaries or affiliates; (b) specified by Contractor to work with the IP
Deliverables; (c) reasonably required in order to use the IP Deliverables in its intended manner
and the infringement could not have been avoided by substituting another reasonably available
product, system, or method capable of performing the same function; or (d) is reasonably
expected to be used in combination with the IP Deliverables.
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v. Accessibility
a. Contractor shall comply with and the Work Product provided under this
Contract 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.
Contractor 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.
b. The State may require Contractor's compliance to the State's Accessibility
Standards to be determined by a third party selected by the State to attest to Contractor'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 the Office of Information
Technology pursuant to Section §24-85-103 (2.5), C.R.S.
c. Accessibility Indemnification: Contractor shall indemnify, save, and hold
harmless the state, its employees, agents and assignees (collectively, 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 Contractor'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 the Office of Information
Technology pursuant to Section §24-85-103 (2.5), C.R.S.
V Other
i. Compliance with State and Federal Law, Regulations, & Executive Orders
Contractor shall comply with all State and, if Federal funding is involved, Federal law,
regulations, executive orders, State and Federal Awarding Agency policies, procedures,
directives, and reporting requirements at all times during the term of this Contract.
19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State
Controller or designee. If this Contract is fora Major Information Technology Project, as defined
in §24-37.5-102(2.6), C.R.S., then this Contract shall not be valid until it has been approved by
the State's Chief Information Officer or designee.
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B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the
State, its departments, boards, commissions committees, bureaus, offices, employees and
officials shall be controlled and limited by the provisions of the Colorado Governmental
Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch.
171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq.
C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Contractor shall perform its duties hereunder as an independent contractor and not as an
employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an
agent or employee of the State. Contractor shall not have authorization, express or implied, to
bind the State to any agreement, liability or understanding, except as expressly set forth herein.
Contractor and its employees and agents are not entitled to unemployment insurance or workers
compensation benefits through the State and the State shall not pay for or otherwise provide such
coverage for Contractor or any of its agents or employees. Contractor shall pay when due all
applicable employment taxes and income taxes and local head taxes incurred pursuant to this
Contract. Contractor shall (i) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, (ii) provide proof
thereof when requested by the State, and (iii) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW.
Contractor 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. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be
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null and void. All suits or actions related to this Contract shall be filed and proceedings held in
the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor
harmless; requires the State to agree to binding arbitration; limits Contractor's liability for
damages resulting from death, bodily injury, or damage to tangible property; or that conflicts
with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed
as a waiver of any provision of §24-106-109, C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the
acquisition, operation, or maintenance of computer software in violation of federal copyright
laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the
term of this Contract and any extensions, Contractor has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that
Contractor is in violation of this provision, the State may exercise any remedy available at law or
in equity or under this Contract, including, without limitation, immediate termination of this
Contract and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-
201 and 24-50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal
or beneficial interest whatsoever in the service or property described in this Contract. Contractor
has no interest and shall not acquire any interest, direct or indirect, that would conflict in any
manner or degree with the performance of Contractor's services and Contractor shall not employ
any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-
30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S.,
the State Controller may withhold payment under the State's vendor offset intercept system for
debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii)
unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq.,
C.R.S.; (iii) unpaid loam due to the Student Loan Division of the Department of Higher
Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v)
other unpaid debts owing to the State as a result of final agency determination or judicial action.
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The State may also recover, at the State's discretion, payments made to Contractor in error for
any reason, including, but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Contractor by deduction from subsequent payments under this
Contract, deduction from any payment due under any other contracts, grants or agreements
between the State and Contractor, or by any other appropriate method for collecting debts owed
to the State.
20. DEPARTMENT OF HUMAN SERVICES PROVISIONS
A. Exclusion, Debarment and/or Suspension
Contractor represents and warrants that Contractor, its employees, agents, assigns, or
Subcontractors, are not presently excluded from participation, debarred, suspended, proposed for
debarment, declared ineligible, voluntarily excluded, or otherwise ineligible to participate in a
"federal health care program" as defined in 42 U.S.C. § 1320a-7b(f) or in any other government
payment program by any federal or State of Colorado department or agency. If Contractor, its
employees, agents, assigns, or Subcontractors, are excluded from participation, or becomes
otherwise ineligible to participate in any such program during the term of this Contract,
Contractor shall notify the State in writing within three (3) days after such event. Upon the
occurrence of such event, whether or not such notice is given to Contractor, the State may
immediately terminate this Contract.
B. Emergency Planning
If Contractor provides Work that is an extension of State work performed as part of the
State of Colorado Emergency Operations Plan or for a publicly funded safety net program, as
defined by C.R.S. § 24-33.5-701 et seq., Contractor shall perform the Work in accordance with
the State's Emergency Operations Plan or continuity of operations plan in the event of an
emergency. If requested, Contractor shall provide a plan and reporting information to ensure
compliance with the State's Emergency Operations Plan and C.R.S. § 24-33.5-701 et seq.
C. Restrictions on Public Benefits
If applicable, Contractor shall comply with C.R.S. §§ 24-76.5-101 - 103 exactly as the
State is required to comply with C.R.S. §§ 24-76.5-101 - 103.
D. Discrimination
Contractor shall not:
i. discriminate against any person on the basis of gender, race, ethnicity,
religion, national origin, age, sexual orientation, gender identity, citizenship status, education,
disability, socio-economic status, or any other identity.
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ii. exclude from participation in, or deny benefits to any qualified individual
with a disability, by reason of such disability.
Any person who thinks he/she has been discriminated against as related to the
performance of this Contract has the right to assert a claim, Colorado Civil Rights Division,
C.R.S. §24-34-301, et seq.
E. Criminal Background Check
Pursuant to C.R.S. §27-90-111 and CDHS Policy VI -2.4, any independent contractor, and
its agent(s), who is designated by the Executive Director or the Executive Director's designee to
be a contracting employee under C.R.S. §27-90-111, who has direct contact with vulnerable
persons in a state -operated facility, or who provides state -funded services that involve direct
contact with vulnerable persons in the vulnerable person's home or residence, shall:
i. submit to and successfully pass a criminal background check, and
ii. report any arrests, charges, or summonses for any disqualifying
offense as specified by C.R.S. §27-90-111 to the State.
Any Contractor or its agent(s), who does not comply with C.R.S. §27-90-111 and CDHS
Policy VI -2.4, may, at the sole discretion of the State, be suspended or terminated.
F. Fraud Policy
Contractor shall comply with the current CDHS Fraud Policy.
G. C-Stat - Performance Based Program Analysis and Management Strategy (C-Stat
Strategy)
Without any additional cost to the State, Contractor shall collect and maintain Contract
performance data, as determined solely by the State. Upon request, Contractor shall provide the
Contract performance data to the State. This provision does not allow the State to impose
unilateral changes to performance requirements.
H. COVID-19 Pandemic
CDHS operates many facilities across the State and with regard to the COVID-19
Pandemic, Contractor may be subject to local or state public health orders, Department policy,
individual facility policy, or any other requirement that could impose additional requirements on
the Contractor. If so, Contractor shall promptly comply upon notice.
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21. THIRD PARTY CERTIFICATION FOR ACCESS TO PII THROUGH A
DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S, if Contractor is to be granted access to Personal Identifying
Information through a database or automated network that is not publicly available information,
Contractor certifies, and will certify annually, under penalty of perjury that Contractor has not and
will not use or disclose any Personal Identifying Information, as defined by § 24-74-102(1),
C.R.S., for the purpose of investigating for, participating in, cooperating with, or assisting Federal
Immigration Enforcement, including the enforcement of civil immigration laws, and the Illegal
Immigration and Immigrant Responsibility Act, which is codified at 8 U.S.C. §§ 1325 and 1326,
unless required to do so to comply with Federal or State law, or to comply with a court -issued
subpoena, warrant or order.
If Contractor's agents, employees, assigns or Subcontractors require certification pursuant to § 24-
74-105, C.R.S., Contractor shall require annually that its agents, employees, assigns or Subcontractors
sign and date the following certifications as applicable, which shall be made available to the State
upon request:
For an individual: Pursuant to § 24-74-105, C.R.S., I hereby certify under the penalty of perjury
that I have not and will not use or disclose any Personal Identifying Information, as defined by §
24-74-102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, or
assisting Federal Immigration Enforcement, including the enforcement of civil immigration laws,
and the Illegal Immigration and Immigrant Responsibility Act, which is codified at 8 U.S.C. §§
1325 and 1326, unless required to do so to comply with Federal or State law, or to comply with a
court -issued subpoena, warrant or order.
For and entity/organization: Pursuant to § 24-74-105, C.R.S., I, ,
on behalf of (legal name of entity / organization) (the
"Organization'), hereby certify under the penalty of perjury that the Organization has not
and will not use or disclose any Personal Ident(ing Information, as defined by § 24-74-
102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, or
assisting Federal Immigration Enforcement, including the enforcement of civil
immigration laws, and the Illegal Immigration and Immigrant Responsibility Act, which is
codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply with Federal or
State law, or to comply with a court -issued subpoena, warrant or order.
I hereby represent and certify that I have full legal authority to execute this certification
on behalf of the Organization.
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22. FEDERAL PROVISIONS
A. APPLICABILITY OF PROVISIONS.
i. This Federal Provisions section shall apply in the event that the Contract is
funded, in whole or in part, with an Award of Federal funds. Contractor shall
confirm with their CDHS Contact for their Contract if this Contract is funded in
whole or in part by federal funds. Where Federal funds are not used to fund this
Contract, then this Federal Provisions section shall not apply, but remains in this
Contract due to the template nature of this Contract.
ii. If the Contract is funded in whole or in part with Federal funds, and in the
event of a conflict between this Federal Provisions section, the Special
Provisions, the body of the Contract, or any attachments or exhibits made a part
of the Contract, the provisions of this Federal Provisions section shall control.
Exceptions to this are as follows:
a. If the Supplemental Provisions for Federal Awards Exhibit is
attached to this Contract, then in the event of a conflict amongst provisions,
the Supplemental Provisions for Federal Awards exhibit shall control over
the provisions of this Federal Provisions section.
b. If the SLFRF Subrecipient Provisions Exhibit is attached to this
Contract, then in the event of a conflict amongst provisions, the SLFRF
Subrecipient Provisions Exhibit shall control over the provisions of this
Federal Provisions section.
B. COMPLIANCE.
i. Contractor shall comply with all applicable provisions of the Transparency Act
(the Federal Funding Accountability and Transparency Act of 2006 [Public Law
109-282], as amended by section 6202 of Public Law 110-252) all applicable
provisions of the Uniform Guidance, and the regulations issued pursuant thereto,
including but not limited to these federal Provisions. Any revisions to such
provisions or regulations shall automatically become a part of these Federal
Provisions, without the necessity of either party executing any further instrument.
The State of Colorado may provide written notification to Contractor of such
revisions, but such notice shall not be a condition precedent to the effectiveness
of such revisions.
C. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY
ID REQUIREMENTS.
i. SAM. Contractor shall maintain the currency of its information in SAM until the
Contractor submits the final financial report required under the Award or
receives final payment, whichever is later. Contractor shall review and update
SAM information at least annually after the initial registration, and more
frequently if required by changes in its information.
ii. Unique Entity ID. Contractor shall provide its Unique Entity ID to its Recipient,
and shall update Contractor's information at http://www.sam.gov at least
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annually after the initial registration, and more frequently if required by changes
in Contractor's information.
D. CONTRACT PROVISIONS REQUIRED BY UNIFORM GUIDANCE
APPENDIX II TO PART 200.
i. Contracts for more than the simplified acquisition threshold, which is the
inflation adjusted amount determined by the Civilian Agency Acquisition
Council and the Defense Acquisition Regulations Council (Councils) as
authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate. The simplified
acquisitions threshold is $250,000
ii. All contracts in excess of $10,000 must address termination for cause
and for convenience by the non -Federal entity including the manner by which it
will be effected and the basis for settlement.
iii. Equal Employment Opportunity. Except as otherwise provided under 41
CFR Part 60, all contracts that meet the definition of "federally assisted
construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity
clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order
11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR Part 60, "Office of federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor."
iv. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation, all prime construction contracts in excess of $2,000 awarded
by non -Federal entities must include a provision for compliance with the Davis -
Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non -
Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation. The decision to award a
contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non -Federal entity must report all suspected or reported
violations to the Federal awarding agency. The contracts must also include a
provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C.
3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States"). The Act provides
that each contractor or subrecipient must be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public
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work, to give up any part of the compensation to which he or she is otherwise
entitled. The non -Federal entity must report all suspected or reported violations
to the Federal awarding agency.
v.Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Where applicable, all contracts awarded by the non -Federal entity in excess of
$100,000 that involve the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the
Act, each contractor must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated
at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.
3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
vi. Rights to Inventions Made Under a Contract or Agreement. If the
Federal award meets the definition of"funding agreement" under 37 CFR § 401.2
(a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work
under that "funding agreement," the 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, Contracts
and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
vii. Clean Air Act (42 U.S.C. 7401-7671q.) and the federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of
amounts in excess of $150,000 must contain a provision that requires the non -
Federal award to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the
Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
viii. Debarment and Suspension (Executive Orders 12549 and 12689) - A
contract award (see 2 CFR 180.220) must not be made to parties listed on the
government wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well
as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
Page 38 of 41
v.4.10
Ate
COLORADO
Financial Services
Co -n«,
ix. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that
apply or bid for an award exceeding $100,000 must file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the non -Federal
award.
x. Prohibition on certain telecommunications and video surveillance services
or equipment §2 CFR 200.216
a.Recipients and sub recipients are prohibited from obligating or expending
loan or grant funds to:
1) Procure or obtain;
2) Extend or renew a contract to procure or obtain; or
3) Enter into a contract (or extend a contract) to procure or
obtain equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as
part of any system. As described in Public Law 115-232, section
889, covered telecommunications equipment is
telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
xi. Contracts with small and minority businesses, women's business
enterprises, and labor surplus area firms. (2 CFR §200.321). The non -Federal
entity must take all necessary affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used when
possible.
xii. Domestic preferences 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 contracts and purchase orders for work or products
under this award.
xiii. Procurement of recovered materials. (2 CFR §200.323) A non -Federal
entity that is a state agency or agency of a political subdivision of a state and 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
Page 39 of 41
v.4.10
40 COLORADO
. Gr9ynmee. �t H�,nan L+K.s
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.
E. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
i. Pursuant to §4.2 of these Federal Provisions, the State of Colorado may terminate
this contract, in whole or in part, when it is in the Government's interest.
Solicitations and contracts shall include clauses as required by FAR 49.502
(2023). Termination for convenience of the government shall comply with the
following provisions of the Federal Acquisition Regulations:
a.For Fixed Price Contracts: FAR 52.249-2 (2023)
b.For Contracts for Personal Services: FAR 52.249-12 (2023)
c.For Construction Contracts for Dismantling, Demolition, or Removal of
Improvements: FAR 52.249-3 (2023)
d.For Educational and Other Nonprofit Institutions: FAR 52.249-5 (2023)
F. EVENT OF DEFAULT.
i. Failure to comply with these Federal 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 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 Contract,
at law or in equity.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 40of41
v.4.10
ao COLORADO
Financial Services
SAMPLE OPTION LETTER (IF APPLICABLE)
State Agency
Insert Department's or IHE's Full Legal Name
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
Contractor
Original Contract Number
Insert Contractor's Full Legal Name, including
Insert CMS number or Other Contract Number of the Original Contract
"Inc.", "LLC", etc...
Current Contract Maximum Amount
Option Contract Number
Initial Term
Insert CMS number or Other Contract Number of this Option
State Fiscal Year 20xx $0.00
Extension Terms
Contract Performance Beginning Date
State Fiscal Year 20xx $0.00
Month Day, Year
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
Current Contract Expiration Date
State Fiscal Year 20xx $0.00
Month Day, Year
Total for All State Fiscal Years $0.00
1. OPTIONS:
A. Option to extend for an Extension Term
B. Option to change the quantity of Goods under the Contract
C. Option to change the quantity of Services under the Contract
D. Option to modify Contract rates
E. Option to initiate next phase of the Contract
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) Number of the Original Contract referenced above, the State
hereby exercises its option for an additional term, beginning Insert start date and ending on the current contract expiration
date shown above, at the rates stated in the Original Contract, as amended.
B. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Contract 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 Contract, as amended.
C. For use with Option 1(D): In accordance with Section(s) Number of the Original Contract referenced above, the State
hereby exercises its option to modify the Contract rates specified in Exhibit/Section Number/Letter. The Contract rates
attached to this Option Letter replace the rates in the Original Contract as of the Option Effective Date of this Option Letter.
D. For use with Option 1£: In accordance with Section(s) Number of the Original Contract 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 Contract Maximum Amount: The Contract Maximum Amount table on the
Contract's Signature and Cover Page is hereby deleted and replaced with the Current Contract 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
INSERT -Name of Agency or IHE
INSERT -Name & Title of Head of Agency or IHE
SAMPLE ONLY - DO NOT SIGN
By: Name & Title of Person Signing for Agency or IHE
Date: SAMPLE ONLY - DO NOT SIGN
In accordance with §24-30-202 C.R.S., this Option is not valid
until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
SAMPLE ONLY - DO NOT SIGN
Name of Agency or 1HE Delegate -Please delete if contract
will be routed to OSC for approval
Option Effective Date: SAMPLE ONLY — DO NOT SIGN
Page 41 of 41
Exhibit A
Exhibit A - Statement of Work
Jail Based Behavioral Health Services
Article 1
General Administration
1.1 Overall Goal. The Behavioral Health Administration is providing State Opioid Response
grant funding to support services targeting opioid use disorder and/or stimulant use disorder
and/or polyuse disorder for individuals currently in custody.
1.2 Participation. Any jail that is currently participating in the Jail Based Behavioral Services
program administered by the Colorado Behavioral Health Administration is eligible to receive
this grant funding. Client participation is voluntary.
Article 2
Definitions and Acronyms
2.1. MAT: Medication Assisted Treatment
2.2. GPRA: Government Performance and Results Act (GPRA) is one of a series of laws
designed to improve government performance management. The GPRA requires BHA to engage
in performance management tasks such as setting goals, measuring results, and reporting
progress.
2.3. SOR: State Opioid Response grant
2.4. JBBS: Jail Based Behavioral Services
2.5. TEC: The Evaluation Center, a contracted provider to provide GPRA support
Article 3
Financial Provisions
3.1. Cost Reimbursement / Allowable Expenses. As with JBBS, this contract is also paid by cost
reimbursement. Monthly invoices will be sent to JBBS Program Managers at
cdhs jbbs(uistate.co.us for review and processing.
3.2. Allowable expenses for this funding include but are not limited to SUD related assessment,
intake and/or counseling, peer services, FDA approved medications for opioid use disorder,
naloxone, fentanyl and xylazine testing strips, and release kits (materials preapproved as SOR
allowable expenses) upon release from custody. If the vendor is unsure if an item or supply is
Page 1 of 5
Exhibit A
reimbursable, the vendor is responsible for communicating with BHA for clarity and preapproval
before purchasing and then invoicing for the item or supply.
3.3. Future Spending. Jails are encouraged to create a long term spending plan for their
individual MAT programs. BHA encourages jails to seek additional grants whenever available.
Article 4
Data Reporting
4. Data Reporting. All SAMHSA's discretionary grants (including SOR) are required to collect
and complete GPRA data. This will be required for each client who receives services with this
funding. The contractor will be responsible for reporting, when applicable: the patient count,
medication(s) dispensed, and supplies purchased for clients receiving services by way of these
funds and this data within the monthly invoice. No invoice shall contain any private health
information or identifying information for the individual receiving services.
For more information, please review the following:
https://www.samhsa.gov/sites/default/files/gpra-fact-sheet.pdf
Article 5.
Technical Assistance
5. Staff Training. All clinical staff and medical vendors will be required to attend GPRA training.
This training is provided virtually by the Evaluation Center at The University of Colorado. For
more information please visit https://www.sorcolorado.org/sor-evaluation/.
Article 6
Deliverables
Deliverable
Due Date
Responsible Party
Deliver To
Invoice submission
Monthly
Contractor
cdhs jbbs(&,state.co.us
Article 7
Program Special Conditions
7.1. Applicants are encouraged to visit the SAMHSA Evidence -Based Practice Resource
Center and SAMHSA's National Network to Eliminate Disparities in Behavioral Health
to identify evidence -informed and culturally appropriate mental illness and substance use
prevention and treatment practices that can be implemented in your project.
7.2. Government Performance and Results (GPRA) Requirements: All SAMHSA recipients are
required to collect and report certain data so that SAMHSA can meet its obligations under
the Government Performance and Results (GPRA) Modernization Act of 2010. This
information will be gathered using SAMHSA's Performance Accountability and Reporting
Page 2 of 5
Exhibit A
System (SPARS); access will be provided upon award. Data will be collected via face-to-
face interview using this tool at three data collection points: intake to services, six months
post intake, and at discharge. Recipients will be expected to do a GPRA interview on all
clients in their specified unduplicated target number and are also expected to achieve a six
month follow-up rate of 80 percent. Recipients should enter their data within 1 day —but no
later than 7 days —after the GPRA interview is conducted. This guidance applies to
recipients who manually enter their data and batch upload their data. Recipients will be
required to report a series of data elements that will enable SAMHSA to determine the
impact of the program on opioid use, and opioid-related morbidity and mortality.
7.3. Recipients will be required to report client -level data on elements including but not
limited to: demographic characteristics, substance use, diagnosis(es) services received,
types of MOUD received; length of stay in treatment; employment status, criminal justice
involvement, and housing. Additional data elements will also be required and will be
provided upon award.
7.4. Project implementation is expected to begin by the third month of the grant
7.5. SOR funds for treatment and recovery support services shall only be utilized to
provide services to individuals that specifically address opioid or stimulant misuse issues.
If either an opioid or stimulant misuse problem (history) exists concurrently with other
substance use, all substance use issues may be addressed. Individuals who have no
history of or no current issues with opioids or stimulants misuse shall not receive
treatment or recovery services with SOR grant funds.
7.6. Recipients are expected to report client level data to the SOR Data Coordinator
through the BHA deliverables inbox as outlined in the deliverables, scope of work, and/or
evaluation plan(s). Grantees are also required to comply with all additional data
collection requirements of the grant. Grantees shall fully participate in any SAMHSA-
sponsored evaluation of the SOR grant program. The submission of these data in the form
required by SAMHSA is a requirement of funding. Noncompliance with this requirement
may result in restricted access to funding for this year or limited or no access to funding
in the future grant year.
7.7. Contingency Management (CM): Contingencies may be used to reward and
incentivize treatment compliance. Clients may not receive contingencies totaling more
than $75 per budget period. The contingency amounts are subject to change. To mitigate
the risk of fraud and abuse, while also promoting evidence -based practice, recipients who
plan to implement contingency management (CM) interventions as part of your
SAMHSA grant award, you must submit your plan to ensure: (1) that subcontractors and
sub awardees receive appropriate education on contingency management prior to
implementation; and (2) oversight of sub-awardee contingency management
implementation and operation. The CM Incentive is offered or furnished pursuant to an
evidence -based CM intervention, and requires the following minimum controls:
7.7.1. Staff who will implement, administer, and supervise CM interventions are
required to undergo CM -specific training prior to implementing CM.
Page 3 of 5
Exhibit A
7.7.2. The recipient's organization must maintain written documentation in the
patient's medical record that includes:
a. The type of CM model and incentives offered that are recommended by
the client's licensed health care professional.
b. A description of the CM incentive furnished.
c. An explanation of the health outcome or target behavior achieved.
d. A tally of incentive values received by the patient to confirm that per
incentive and total incentive caps are observed.
e. Receipt of the CM Incentive is contingent upon achievement of a
specified target behavior, consistent with the beneficiary's treatment plan
that has been verified with objective evidence.
7.7.3. The CM Incentive is recommended by the client's treating clinician, who is
licensed under applicable state law.
7.7.3.1. The CM Incentive is not cash, but may be tangible items,
vouchers, or payment of bills that are of equivalent value to the
individual's total or accrued incentive earnings.
7.7.3.2. No person markets the availability of a CM Incentive to induce a
patient to receive federally reimbursable items or services or to receive
such items and services from a particular provider or supplier.
7.8. Only U.S. Food and Drug Administration (FDA) — approved products that address
opioid use disorder and/or opioid overdose can be purchased with Opioid SOR grant funds.
7.9. SOR funds shall not be utilized for services that can be supported through other
accessible sources of funding such as other federal discretionary and formula grant funds,
((e.g., HHS, CDC, CMS, HRSA, and SAMHSA), DOJ (OJP/BJA)), and non-federal funds,
third party insurance, and sliding scale self -pay among others.
7.10. Funds may not be expended through the grant or a subaward by any agency which
would deny any eligible client, patient or individual access to their program because of
their use of FDA -approved medications for treatment of substance use disorders (e.g.,
methadone, buprenorphine products including buprenorphine/naloxone combination
formulations and buprenorphine mono product formulations, naltrexone products
including extended -release and oral formulations or long acting products such as extended
release injectable or implantable buprenorphine.)
7.11. Grant funds may not be used, directly or indirectly, to purchase, prescribe, or provide
marijuana or treatment using marijuana. Treatment in this context includes the treatment
of opioid use disorder and stimulant use disorder. Grant funds also cannot be provided to
any individual who or organization that provides or permits marijuana use for the purposes
of treating substance use or mental disorders.
Page 4 of 5
Exhibit A
Article 8
Program Federal Requirements
8.1. The following federal requirements are imposed by the Federal sponsoring agency
concerning special requirements of law. These requirements apply to this Agreement and must
be passed on to subgrants and subcontractors. These documents are located on the Substance
Abuse and Mental Health Services Administration (SAMHSA) State Opioid Response Grants
website at https://www.samhsa.gov/grants/grant-announcements/ti-22-005.
8.2. Uniform Guidance 2 Code of Federal Regulations (CFR) § 200 as codified by HHS
at 45 CFR § 75, available at https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-
A/part-75
8.3. Per 45 CFR § 75.321, property will be classified as supplies if the acquisition cost is
under $5,000. Note that items such as laptops, tablets, and desktop computers are
classified as a supply if the value is under the $5,000 equipment threshold.
8.4. Standard Terms and Conditions for the fiscal year in which the grant was awarded:
https://www. samhsa.gov/grants/grants-management/notice-award-noa/standard-terms-
conditions
8.5. Recipients must exercise proper stewardship over Federal funds and ensure that costs
charged to awards are allowable, allocable, reasonable, necessary, and consistently
applied regardless of the source of funds according to the "Factors affecting allowability
of costs" per 2 CFR § 200.403 and the "Reasonable costs" considerations per 2 CFR §
200.404.
8.6. Consistent Treatment of Costs: Recipients must treat costs consistently across all
federal and non-federal grants, projects and cost centers. Recipients may not direct -
charge federal grants for costs typically considered indirect in nature, unless done
consistently. If part of the indirect cost rate, then it may not also be charged as a direct
cost. Examples of indirect costs include (administrative salaries, rent, accounting fees,
utilities, office supplies, etc.). If typical indirect cost categories are included in the budget
as direct costs, it is SAMHSA's understanding that your organization has developed a
cost accounting system adequate to justify the direct charges and to avoid an unfair
allocation of these costs to the federal government. Also, note that all awards are subject
to later review in accordance with the requirements of 45 CFR 75.364, 45 CFR 75.371,
45 CFR 75.386 and 45 CFR Part 75, Subpart F, Audit Requirements.
Page 5 of 5
Exhibit B
C. Travel Cost
BHA Program
COLORADO
Behavioral Health
Administration
EXHIBIT B, FY25 ANNUAL BUDGET
'State Opioid Response (SORT
Agency Name
Weld County
Budget Period
09/30/2024 - 09/29/2025
Project Name
SOR 4
Services and Deliverables Provided
Required by SAMHSA: Please provide a brief summary description of the services and deliverables to be provided with grant funding.
No. Range Behavioral1180h will provideindividual therapy, group psychoeducehon, and case management services for participantsenraged intheSUDIJMATProgram. Grant Mods wit be used to
pay the salattee ofNRBH Staffwho-watt.. individual therapy, sitoical case management, end connect participants with resources as.they transition into.the comm.,' from Lire Weld County Jay.
Program Contact Name, Title
Brandon Williams
970-400-3886
Bwil liams(a)weld.gov
Brandon Williams
970-400-3886
Bwilliamseweld.gov
Phone
Email
Fiscal Contact Name, Title
Phone
Email
Da. Completed
9/11/2024
A. Personnel Cost
Please include all salaried and hourly employees. All positions must be relevant and allowable under the project. You must include in this section if any key positions will be held by your organization.
Salaries of administrative and clerical or support staff should normally be covered by indirect costs, unless they are directly integral to the project or activity (45 CFR 675-413c,
Please note that each position title must be unique for formulas to calculate correctly. If your budget includes multiple positions with the same title, please differentiate by assigning a numerical value to
their title. For example, multiple case manager positions should be titled as Case Manager 1, Case Manager 2, Case Manager 3, etc.
Position Title (Must Be Unique) Employee Name
ThersplSf
ParmAno •S+wysubtotal
No
SAMHSA Key
Personnel?
Personnel Cost -
Annual Salary Level of Effort Salary Narrative/Justlncation
$36,900.00
25%
Master Level Licensed Therapist will perform intakes into the
SUD Program and provide, individual therapy to individuals
SUMO diagnosed with a substance use disorder. _ . ......
SR223.80
Personnel Cost -
Narrof ive/J ustllieation
Vit. initial'pienta8oh sikaAT Program. provide -
yohoeducatlon gmups?ot JMAT participants, assist with
lease planning, end 'offer clinipal case management for:
rtidipents in the-SUD/JMAT Program.
cil.e Mi. orientations for JMAT Program, provide
ychoeducatan groups for JMAT partcpan., assist with
release planning, and offer clinical; Casemanagement for
parbcipentsin the SUD/JMAT Program.
management and follow-up tracking for partici,.
JMAT/SUD .,.... r-
B. Fringe Benefits Cost
Allowances and services provided to employees as compensation in addition to regular salaries and wages. Fringe benefits may be in the form of employer contributions or expenses for FICA (Social
Security and Medicare tax), employee life, health, unemployment, worker's compensation insurance, and other similar reasonable and allowable benefits as required by taw, organization - employee
agreement, or established written policies of the applicant/recipient organization (45 CFR 675.431: Compensation - fringe benefits).
rsonnel Cost
Fringe Rate (%)
25.00%
25.00%
25.00%
25.00%
Co
Narrative/Justlficatlon- List frrointege benefits included in fringe
ge; b... ind ude health and life insurance, social security,
unampley'nxem, 8 worltera xwmpensafion.
Fdnge bariefas tncude health andlifa in trance, social security.
unempiqyment,, 8 worker's compensation.
x{inge benefits include health and life insurance, socialsecurity,
nemployment, & worker's compensation.
ringe benefits include health and life insurance, social: security,
o - :tint; & worker''scom = : nsat.:
Expenses for transportation, lodging, subsistence, and related items incurred by employees who are in travel status on official business. Rates listed in the budget must be informed by the federally
approved rates set by www.gsa.govTravel costs must comply with HHS regulations of 45 CFR 675.474 — Travel costs
Please Do NOT include coherence registration in this section; list the associated travel costs in the "Travel" section and include conference registration costs in the "Other" cost section
Quantity Per Narrative/Just ficatio
Number of Persons Travel Cost
Destination
Cw
Item
Mate
per item
oat T
is
1oft
Exhibit B
D. Equipment Cost (not a common cost associated with SAMHSA grants)
Non -expendable items with a useful life of more than one year AND either an acquisition cost of at least $5,000 per unit or items that meet the cost capitalization threshold of the applicanUrecipient
Please list equipment costs and provide justification for the need of the equipment to carry out the program's goals. Extensive justification and a detailed status ofcurrent equipment must be provided
when requesting funds for the purchase of equipment items. For example, vehicles used as mobile health units, large medical equiipt ti machines (ex. MRQ, or organizational level I7 systems.
Note: Capital expendttures for general purpose equipment such as office equipment and furnishings, modular offices, telephone networks, information technology equipment and systems, air conditioning
equipment, reproduction and printing equipment, and motor vehicles are unallowable as direct costs without SAMHSA's prior written approval (45 CFR 675.439). Organizations are encouraged to use
Federal excess and surplus property instead of pu iaslrtg new equipment whenever such use is feasible and reduces project costs (45 CFR 675.327!)
Vehicle?
Purchase/Rental % Charged to
Cost P •gram
uiprreut
Narrative/Justin..
E. Supplies Cost
Items that cost less than $5,000 per unit and often have a one-time use. Supplies are typically expendable or consumed during the performance of the Federal award (with the exception of
laptops/computing devices)
List the items by type of supplies (e.g., training materials, desktop computer, laptop, projector etc), unit cost, quantity, and/or duration.
Item C Cost Type Quantity of Items Quantity Frequen
Supplies Cost
rrative/Justificati
I. Total Direct Cost - Federal
$69.998.82
dropdown and complete the fields below: 1. No Charge, 2. 10 % de minimis rate, 3. Federally Approved Rate.
n No Charge (enter 0)
Total Project Cost Summary - Federal Costs
A. Personnel M ''1''a
B. Fringe Benefits
C. Travel
D. Equipment
E. Supplies
F. Contractual
G. Construction
H. Other
I. Total Direct Charges
J. Indirect Charges
Total Project Costs (Federal)
10.00
so.00
.0.00
so.o0
.0.00
Exhibit C
Exhibit C
Miscellaneous Provisions
I. General Provisions and Requirements
A. Finance and Data Protocols
The Contractor shall comply with the Behavioral Health Administration's (BHA) most current
Finance and Data Protocols and the Behavioral Health Accounting and Auditing Guidelines, made
a part of this Contract by reference.
B. Marketing and Communications
The Contractor shall comply with the following marketing and communications requirements:
1. Reports or Evaluations. All reports or evaluations funded by BHA must be reviewed by
BHA staff, including program, data, and communications, over a period of no fewer
than 15 business days. The Contractor may be asked to place a report or evaluation on
a BHA template and the report or evaluation is required to display the BHA logo. The
Contractor shall submit the finished document to BHA in its final format and as an
editable Word or Google document.
2. Press Releases. All press releases about work funded by BHA must note that the work
is funded by the Colorado Department of Human Services, Behavioral Health
Administration. Press releases about work funded by BHA must be reviewed by BHA
program and communications staff over a period of no fewer than five business days.
3. Marketing Materials. Contractor shall include the current Colorado Department of
Human Services, Behavioral Health Administration logo on any marketing materials,
such as brochures or fact sheets, that advertise programs funded by this Contract.
Marketing materials must be approved by the Contract's assigned BHA program
contract over a period of no fewer than 5 business days.
4. All Other Documents. All other documents published by the Contractor about its BHA -
funded work, including presentations or website content, should mention the Colorado
Department of Human Services, Behavioral Health Administration as a fonder.
5. Opinion of BHA. BHA may require the Contractor to add language to documents that
mention BHA reading: "The views, opinions and content expressed do not necessarily
reflect the views, opinions or policies of the Colorado Department of Human Services,
Behavioral Health Administration."
C. Start-up Costs
If the State reimburses the Contractor for any start-up costs and the Contractor closes the program
or facility within three years of receipt of the start-up costs, the Contractor shall reimburse the State
for said start-up costs within sixty (60) days of the closure. The Contractor is not required to
reimburse the State for start-up costs if the facility or program closure is due to BHA eliminating
funding to that specific program and/or budget line item.
Page 1 of 5
Exhibit C
D. Immediate Notification of Closures / Reductions in Force
If the Contractor intends to close a facility or program, it shall notify the BHA Contracts Unit at
least five business days prior to the closure. Similarly, if the Contractor, or any sub -contractor
provider, intends to conduct a reduction in force which affects a program funded through this
contract, the Contractor shall notify the BHA Contracts Unit at least five business days prior to the
layoffs.
E. Licensing and Designation Database Electronic Record System (LADDERS)
The Contractor shall use LADDERS (http://www.colorado.gov/ladders) as needed and/or as
required by rule to submit applications for BHA licensing and designation, keep current all provider
directory details, and submit policies and procedures.
F. Contract Contact Procedure
The Contractor shall submit all requests for BHA interpretation of this Contract or for amendments
to this Contract to the BHA Contract Manager.
G. Continuity of Operations Plan
1. In the event of an emergency resulting in a disruption of normal activities, BHA may
request that Contractor provide a plan describing how Contractor will ensure the
execution of essential functions of the Contract, to the extent possible under the
circumstances of the inciting emergency ("Continuity of Operations Plan" or "Plan").
2. The Continuity of Operations Plan must be specific and responsive to the circumstances
of the identified emergency.
3. BHA will provide formal notification of receipt of the Continuity of Operations Plan to
the Contractor.
4. The Continuity of Operations Plan will not impact or change the budget or any other
provisions of the contract, and Contractor's performance will be held to the same
standards and requirements as the original Contract terms, unless otherwise specified in
the Continuity of Operations Plan.
a. Any submitted Continuity of Operations Plan will be ratified as an
amendment to the contract as soon as possible.
5. Contractor shall communicate, in a format mutually agreed upon by BHA and
Contractor staff, on a frequency that supports the monitoring of services under the
Continuity of Operations Plan. If adjustments are needed to the Plan, such adjustments
will be made in writing and accompanied by written notice of receipt from BHA.
a. As part of the BHA/Contractor communication during the emergency,
Contractor and BHA will evaluate whether the emergency has resolved such
that normal operations maybe resumed.
b. Contractor and BHA will agree in writing when the emergency is sufficiently
Page 2 of 5
Exhibit C
resolved and agree to a closeout period that is four weeks or less.
c. BHA will submit notice accepting the termination of the Continuity of
Operations Plan to the Contractor as the final action for any qualifying
emergency response.
H. Cultural Responsiveness in Service Delivery
1. The Behavioral Health Administration expects funding dollars to support equity in
access, services provided, and behavioral health outcomes among individuals of all
cultures, gender identities, sexual orientations, races, and ethnicities. Accordingly,
Contractors should collect and use data to: (1) identify priority populations vulnerable
to health disparities encompassing the contractor's entire geographic service area (e.g.,
racial, ethnic, limited English speaking, indigenous, sexual orientation, gender identity
groups, etc.) and (2) implement strategies to decrease the disparities in access, service
use, and outcomes —both within those subpopulations and in comparison to the general
population.
2. One strategy for addressing health disparities is the use of the recently revised National
Standards for Culturally and Linguistically Appropriate Services in Health and Health
Care (CLAS). The U.S. Department of Health and Human Services (HHS) Think
Cultural Health website (https://thinkculturalhealth.hhs.gov) also features information,
continuing education opportunities, resources, and more for health and health care
professionals to learn about culturally and linguistically appropriate services, or CLAS.
3. Contractors providing direct behavioral health prevention, treatment, or recovery
services shall submit one of the following two documents to
cdhs BHAdeliverables(&,state.co.us by August 31 annually:
a. If a provider has completed an equity plan that identifies how they will address
health equity, they can submit the plan or;
b. Submit a completed CLAS checklist that follows this HHS format:
https://thinkculturalhealth.hhs.gov/assets/pdfs/AnImplementationChecklistfort
heNationalCLAS Standards .pdf
I. Prohibition on Marijuana. Funds may not be used, directly or indirectly, to purchase, prescribe,
or provide marijuana or treatment using marijuana. Treatment in this context includes the
treatment of opioid use disorder. Funds also cannot be provided to any individual who or
organization that provides or permits marijuana use for the purposes of treating substance use
or mental disorders. This prohibition does not apply to those providing such treatment in the
context of clinical research permitted by the DEA and under an FDA -approved investigational
new drug application where the article being evaluated is marijuana or a constituent thereof that
is otherwise a banned controlled substance under federal law.
J. Monitoring Requirements
If the Contractor is a subrecipient of federal funds, the Contractor shall comply with
monitoring requirements indicated by the Contractor's risk level determined by the
Page 3 of 5
Exhibit C
subrecipient risk assessment form completed by Contractor, which may include but are not
limited to:
• Monthly/quarterly monitoring calls
• Invoice supporting documentation - e.g., timesheets, logs of travel, or wraparound
service costs.
• Routine programmatic reports
• Technical assistance and training
• Site visits
II. Use of Subcontracts.
A. Services described in this Contract may be performed by Contractor or by a subcontractor,
except where this Contract states explicitly that a service must not be subcontracted.
B. Contractor shall ensure that its subcontractors perform to the terms of this Contract as set forth
in the Contract provisions.
C. Any subcontract for services must include, at a minimum, the following:
1. A description of each partner's participation
2. Responsibilities to the program (policy and/or operational)
3. Resources the subcontractor will contribute, reimbursement rates, services to be included
and processes in collecting and sharing data and the most recent CDHS version of the
HIPAA Business Associates Addendum, if this Contract contains the HIPAA Business
Associates Addendum/Qualified Service Organization Addendum as an exhibit.
4. A copy of this Contract and all its terms and conditions.
D. The Contractor shall provide to BHA a copy of any proposed subcontract between the
Contractor and any potential provider of services to fulfill any requirements of this Contract, to
cdhs BHAdeliverables@state.co.us within 30 days of subcontract execution.
E. BHA reserves the right to require Contractor to renegotiate subcontracts where necessary to
adhere to the terms of this Contract.
F. Subcontractor/Partnership Termination. In the event where partnerships with a subcontractor
such as a treatment provider is terminated, the Contractor shall transition to a new partnership
no later than 30 days from termination to ensure continuity of care for all participants of the
program.
III.Financial Requirements
A. Funding Sources
Page 4 of 5
Exhibit C
The Contractor shall identify all funds delivered to subcontractors as state general fund, state
cash funds, or federal grant dollars in Exhibit B, "Budget." If federal grant dollars, the
Contractor shall communicate the CFDA number to all sub -contractors in their sub -contracts.
B. Program Income
Program income generated through grant funded programs are additive funding that must be
utilized for a consistent purpose as outlined in 2 CFR 200.307(e)(2). If Contractor charges and
receives fees for services, or otherwise receives income associated with the sponsored program,
this is considered program income and is required to be tracked and managed in accordance
with the conditions of the award.
C. Budget Reallocations
1. The Contractor may reallocate funds between the budget categories of this contract, up to
ten percent (10%) of the total contract amount, upon written approval by BHA, without a
contract amendment. Any allowable reallocation is still subject to the limitations of the
Not to Exceed and the Maximum Amount Available per Fiscal Year.
D. Payment Terms
1. The Contractor shall invoice monthly for services, no later than the 20th of the month
following when services are provided.
2. The Contractor shall utilize the invoice template(s) provided by BHA. Contractor shall
comply with the invoicing instructions contained within the invoice template, and requests
for supporting documentation.
3. All payment requests shall be submitted electronically to
CDHS BHApayment@state.co.us.
4. Year-end invoice estimates are due by June 15. Final invoice requests in excess of the
submitted estimates are payable contingent on available funds.
5. Final invoices are due no later than August 30.
6. If the Contractor is a recipient of Federal Funds, final invoices are due no later than 45 days
after the end date of the grant.
7. Invoices for the prior fiscal year received by August 30 which require revisions must be
final by September 10 or they may not be paid.
8. Any requests for payment received after December 10th for the prior state fiscal year cannot
be processed by BHA.
9. The State will make payment on invoices within forty-five (45) days of receipt of a correct
and complete invoice to CDHS_BHApayment@state.co.us. Consequently, the Contractor
must have adequate solvency to pay its expenses up to forty-five (45) days after invoice
submission to the State.
Page 5 of 5
Exhibit D
COLORADO
Financial Services
Department or Human Semces
Division of Contracts and Procurement
EXHIBIT D
HIPAA BUSINESS ASSOCIATE / 42 PART 2
QUALIFIED SERVICE ORGANIZATION AGREEMENT
This HIPAA Business Associate/42 Part 2 Qualified Service Organization Agreement ("Agreement") between the
State and Contractor is agreed to in connection with, and as an exhibit to, the Contract. For purposes of this
Agreement, the State is referred to as "Covered Entity" and the Contractor is referred to as "Business Associate".
Unless the context clearly requires a distinction between the Contract and this Agreement, all references to
"Contract" shall include this Agreement.
1. PURPOSE
Covered Entity wishes to disclose information to Business Associate, which may include Protected Health
Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI in compliance
with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Pub. L. No. 104-191 (1996) as
amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH Act") enacted
under the American Recovery and Reinvestment Act of 2009 ("ARRA") Pub. L. No. 111-5
(2009), implementing regulations promulgated by the U.S. Department of Health and Human Services at 45
C.F.R. Parts 160, 162 and 164 (the "HIPAA Rules") and other applicable laws, as amended. Prior to the
disclosure of PHI, Covered Entity is required to enter into an agreement with Business Associate containing
specific requirements as set forth in, but not limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of
the Code of Federal Regulations ("C.F.R.") and all other applicable laws and regulations, all as may be amended.
2. DEFINITIONS
The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules: Breach, Data
Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary,
Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident,
Subcontractor, Unsecured Protected Health Information, and Use.
The following terms used in this Agreement shall have the meanings set forth below:
a. Business Associate. "Business Associate" shall have the same meaning as the term "business
associate" at 45 C.F.R. 160.103 and, and shall refer to Contractor.
b. Covered Entity. "Covered Entity" shall have the same meaning as the term "covered entity" at 45
C.F.R. 160.103, and shall refer to the State.
c. Information Technology and Information Security. "Information Technology" and "Information
Security" shall have the same meanings as the terms "information technology" and "information
security", respectively, in §24-37.5-102, C.R.S.
Page 1 of 11 HIPAA BAA/QSOA
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Exhibit D
Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the meanings
ascribed to them in the Contract.
3. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE
a. Permitted Uses and Disclosures.
Business Associate shall use and disclose PHI only to accomplish Business Associate's
obligations under the Contract.
i. To the extent Business Associate carries out one or more of Covered Entity's obligations
under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with any and all
requirements of Subpart E that apply to Covered Entity in the performance of such obligation.
ii. Business Associate may disclose PHI to carry out the legal responsibilities of Business
Associate, provided, that the disclosure is Required by Law or Business Associate obtains
reasonable assurances from the person to whom the information is disclosed that:
A. the information will remain confidential and will be used or disclosed only as
Required by Law or for the purpose for which Business Associate originally
disclosed the information to that person, and;
B. the person notifies Business Associate of any Breach involving PHI of which it is
aware.
iii. Business Associate may provide Data Aggregation services relating to the Health Care
Operations of Covered Entity. Business Associate may de -identify any or all PHI created or
received by Business Associate under this Agreement, provided the de -identification
conforms to the requirements of the HIPAA Rules.
d. Minimum Necessary. Business Associate, its Subcontractors and agents, shall access, use, and
disclose only the minimum amount of PHI necessary to accomplish the objectives of the Contract, in
accordance with the Minimum Necessary Requirements of the HIPAA Rules including, but not
limited to, 45 C.F.R. 164.502(b) and 164.514(d).
e. Impermissible Uses and Disclosures.
i. Business Associate shall not disclose the PHI of Covered Entity to another covered entity
without the written authorization of Covered Entity.
ii. Business Associate shall not share, use, disclose or make available any Covered Entity PHI in
any form via any medium with or to any person or entity beyond the boundaries or
jurisdiction of the United States without express written authorization from Covered Entity.
f. Business Associate's Subcontractors.
i. Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2),
ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of
Business Associate agree in writing to the same restrictions, conditions, and requirements that
apply to Business Associate with respect to safeguarding PHI.
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Exhibit D
ii. Business Associate shall provide to Covered Entity, on Covered Entity's request, a list of
Subcontractors who have entered into any such agreement with Business Associate.
iii. Business Associate shall provide to Covered Entity, on Covered Entity's request, copies of
any such agreements Business Associate has entered into with Subcontractors.
g.
Access to System. If Business Associate needs access to a Covered Entity Information Technology
system to comply with its obligations under the Contract or this Agreement, Business Associate shall
request, review, and comply with any and all policies applicable to Covered Entity regarding such
system including, but not limited to, any policies promulgated by the Office of Information
Technology and available at https://oit.colorado.gov/standards-policies-guides/technical-standards-
policies.
h. Access to PHI. Business Associate shall, within ten days of receiving a written request from Covered
Entity, make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy
Covered Entity's obligations under 45 C.F.R. 164.524.
i. Amendment of PHI.
J•
Business Associate shall within ten days of receiving a written request from Covered Entity
make any amendment to PHI in a Designated Record Set as directed by or agreed to by
Covered Entity pursuant to 45 C.F.R. 164.526, or take other measures as necessary to satisfy
Covered Entity's obligations under 45 C.F.R. 164.526.
ii. Business Associate shall promptly forward to Covered Entity any request for amendment of
PHI that Business Associate receives directly from an Individual.
Accounting Rights. Business Associate shall, within ten days of receiving a written request from
Covered Entity, maintain and make available to Covered Entity the information necessary for
Covered Entity to satisfy its obligations to provide an accounting of Disclosure under 45 C.F.R.
164.528.
k. Restrictions and Confidential Communications.
i. Business Associate shall restrict the Use or Disclosure of an Individual's PHI within ten days
of notice from Covered Entity of:
A. a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or
B. a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522.
ii. Business Associate shall not respond directly to an Individual's requests to restrict the Use or
Disclosure of PHI or to send all communication of PHI to an alternate address.
iii. Business Associate shall refer such requests to Covered Entity so that Covered Entity can
coordinate and prepare a timely response to the requesting Individual and provide direction to
Business Associate.
1. Governmental Access to Records. Business Associate shall make its facilities, internal practices,
books, records, and other sources of information, including PHI, available to the Secretary for
purposes of determining compliance with the HIPAA Rules in accordance with 45 C.F.R. 160.310.
Page 3 of 11 HIPAA BAA/QSOA
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Exhibit D
m. Audit, Inspection and Enforcement.
Business Associate shall obtain and update at least annually a written assessment performed
by an independent third party reasonably acceptable to Covered Entity, which evaluates the
Information Security of the applications, infrastructure, and processes that interact with the
Covered Entity data Business Associate receives, manipulates, stores and distributes. Upon
request by Covered Entity, Business Associate shall provide to Covered Entity the executive
summary of the assessment.
ii. Business Associate, upon the request of Covered Entity, shall fully cooperate with Covered
Entity's efforts to audit Business Associate's compliance with applicable HIPAA Rules. If,
through audit or inspection, Covered Entity determines that Business Associate's conduct
would result in violation of the HIPAA Rules or is in violation of the Contract or this
Agreement, Business Associate shall promptly remedy any such violation and shall certify
completion of its remedy in writing to Covered Entity.
n. Appropriate Safeguards.
i. Business Associate shall use appropriate safeguards and comply with Subpart C of 45 C.F.R.
Part 164 with respect to electronic PHI to prevent use or disclosure of PHI other than as
provided in this Agreement.
ii. Business Associate shall safeguard the PHI from tampering and unauthorized disclosures.
iii. Business Associate shall maintain the confidentiality of passwords and other data required for
accessing this information.
iv. Business Associate shall extend protection beyond the initial information obtained from
Covered Entity to any databases or collections of PHI containing information derived from
the PHI. The provisions of this section shall be in force unless PHI is de -identified in
conformance to the requirements of the HIPAA Rules.
o. Safeguard During Transmission.
Business Associate shall use reasonable and appropriate safeguards including, without
limitation, Information Security measures to ensure that all transmissions of PHI are
authorized and to prevent use or disclosure of PHI other than as provided for by this
Agreement.
ii. Business Associate shall not transmit PHI over the internet or any other insecure or open
communication channel unless the PHI is encrypted or otherwise safeguarded with a FIPS-
compliant encryption algorithm.
p. Reporting of Improper Use or Disclosure and Notification of Breach.
i. Business Associate shall, as soon as reasonably possible, but immediately after discovery of a
Breach, notify Covered Entity of any use or disclosure of PHI not provided for by this
Agreement, including a Breach of Unsecured Protected Health Information as such notice is
Page 4 of 11 HIPAA BAAIQSOA
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Exhibit D
required by 45 C.F.R. 164.410 or a breach for which notice is required under §24-73-103,
C.R.S.
ii. Such notice shall include the identification of each Individual whose Unsecured Protected
Health Information has been, or is reasonably believed by Business Associate to have been,
accessed, acquired, or disclosed during such Breach.
iii. Business Associate shall, as soon as reasonably possible, but immediately after discovery of
any Security Incident that does not constitute a Breach, notify Covered Entity of such
incident.
q.
iv. Business Associate shall have the burden of demonstrating that all notifications were made as
required, including evidence demonstrating the necessity of any delay.
Business Associate's Insurance and Notification Costs.
i. Business Associate shall bear all costs of a Breach response including, without limitation,
notifications, and shall maintain insurance to cover:
A. loss of PHI data;
B. Breach notification requirements specified in HIPAA Rules and in §24-73-103,
C.R.S.; and
C. claims based upon alleged violations of privacy rights through improper use or
disclosure of PHI.
ii. All such policies shall meet or exceed the minimum insurance requirements of the Contract
or otherwise as may be approved by Covered Entity (e.g., occurrence basis, combined single
dollar limits, annual aggregate dollar limits, additional insured status, and notice of
cancellation).
iii. Business Associate shall provide Covered Entity a point of contact who possesses relevant
Information Security knowledge and is accessible 24 hours per day, 7 days per week to assist
with incident handling.
iv. Business Associate, to the extent practicable, shall mitigate any harmful effect known to
Business Associate of a Use or Disclosure of PHI by Business Associate in violation of this
Agreement.
r. Subcontractors and Breaches.
i. Business Associate shall enter into a written agreement with each of its Subcontractors and
agents, who create, receive, maintain, or transmit PHI on behalf of Business Associate. The
agreements shall require such Subcontractors and agents to report to Business Associate any
use or disclosure of PHI not provided for by this Agreement, including Security Incidents and
Breaches of Unsecured Protected Health Information, on the first day such Subcontractor or
agent knows or should have known of the Breach as required by 45 C.F.R. 164.410.
Page 5 of 11 HIPAA BAA/QSOA
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Exhibit D
ii. Business Associate shall notify Covered Entity of any such report and shall provide copies of
any such agreements to Covered Entity on request.
s. Data Ownership.
i. Business Associate acknowledges that Business Associate has no ownership rights with
respect to the PHI.
ii. Upon request by Covered Entity, Business Associate immediately shall provide Covered
Entity with any keys to decrypt information that the Business Association has encrypted and
maintains in encrypted form, or shall provide such information in unencrypted usable form.
t. Retention of PHI. Except upon termination of this Agreement as provided in Section 5, below,
Business Associate and its Subcontractors or agents shall retain all PHI throughout the term of this
Agreement, and shall continue to maintain the accounting of disclosures required under Section 3.h,
above, for a period of six years.
4. OBLIGATIONS OF COVERED ENTITY
a. Safeguards During Transmission. Covered Entity shall be responsible for using appropriate
safeguards including encryption of PHI, to maintain and ensure the confidentiality, integrity, and
security of PHI transmitted pursuant to this Agreement, in accordance with the standards and
requirements of the HIPAA Rules.
b. Notice of Changes.
i. Covered Entity maintains a copy of its Notice of Privacy Practices on its website. Covered
Entity shall provide Business Associate with any changes in, or revocation of, permission to use
or disclose PHI, to the extent that it may affect Business Associate's permitted or required uses
or disclosures.
ii. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of
PHI to which Covered Entity has agreed in accordance with 45 C.F.R. 164.522, to the extent
that it may affect Business Associate's permitted use or disclosure of PHI.
5. TERMINATION
a. Breach.
In addition to any Contract provision regarding remedies for breach, Covered Entity shall
have the right, in the event of a breach by Business Associate of any provision of this
Agreement, to terminate immediately the Contract, or this Agreement, or both.
ii. Subject to any directions from Covered Entity, upon termination of the Contract, this
Agreement, or both, Business Associate shall take timely, reasonable, and necessary action to
protect and preserve property in the possession of Business Associate in which Covered
Entity has an interest.
Page 6 of 11 HIPAA BAA/QSOA
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Exhibit D
b. Effect of Termination.
i. Upon termination of this Agreement for any reason, Business Associate, at the option of
Covered Entity, shall return or destroy all PHI that Business Associate, its agents, or its
Subcontractors maintain in any form, and shall not retain any copies of such PHI.
ii. If Covered Entity directs Business Associate to destroy the PHI, Business Associate shall
certify in writing to Covered Entity that such PHI has been destroyed.
iii. If Business Associate believes that returning or destroying the PHI is not feasible, Business
Associate shall promptly provide Covered Entity with notice of the conditions making return
or destruction infeasible. Business Associate shall continue to extend the protections of
Section 3 of this Agreement to such PHI, and shall limit further use of such PHI to those
purposes that make the return or destruction of such PHI infeasible.
6. INJUNCTIVE RELIEF
Covered Entity and Business Associate agree that irreparable damage would occur in the event Business
Associate or any of its Subcontractors or agents use or disclosure of PHI in violation of this Agreement, the
HIPAA Rules or any applicable law. Covered Entity and Business Associate further agree that money damages
would not provide an adequate remedy for such Breach. Accordingly, Covered Entity and Business Associate
agree that Covered Entity shall be entitled to injunctive relief, specific performance, and other equitable relief to
prevent or restrain any Breach or threatened Breach of and to enforce specifically the terms and provisions of this
Agreement.
7. LIMITATION OF LIABILITY
Any provision in the Contract limiting Contractor's liability shall not apply to Business Associate's liability under
this Agreement, which shall not be limited.
8. DISCLAIMER
Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement
or the HIPAA Rules will be adequate or satisfactory for Business Associate's own purposes. Business Associate
is solely responsible for all decisions made and actions taken by Business Associate regarding the safeguarding of
PHI.
9. CERTIFICATION
Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate's Information
Security practices. Covered Entity or its authorized agent or contractor shall have the right to examine Business
Associate's facilities, systems, procedures, and records, at Covered Entity's expense, if Covered Entity
determines that examination is necessary to certify that Business Associate's Information Security safeguards
comply with the HIPAA Rules or this Agreement.
Page 7 of 11 HIPAA BAA/QSOA
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Exhibit D
10. AMENDMENT
a. Amendment to Comply with Law. The Parties acknowledge that state and federal laws and
regulations relating to data security and privacy are rapidly evolving and that amendment of this
Agreement may be required to provide procedures to ensure compliance with such developments.
i. In the event of any change to state or federal laws and regulations relating to data security
and privacy affecting this Agreement, the Parties shall take such action as is necessary to
implement the changes to the standards and requirements of HIPAA, the HIPAA Rules
and other applicable rules relating to the confidentiality, integrity, availability and
security of PHI with respect to this Agreement.
ii. Business Associate shall provide to Covered Entity written assurance satisfactory to
Covered Entity that Business Associate shall adequately safeguard all PHI, and obtain
written assurance satisfactory to Covered Entity from Business Associate's
Subcontractors and agents that they shall adequately safeguard all PHI.
iii. Upon the request of either Party, the other Party promptly shall negotiate in good faith the
terms of an amendment to the Contract embodying written assurances consistent with the
standards and requirements of HIPAA, the HIPAA Rules, or other applicable rules.
iv. Covered Entity may terminate this Agreement upon 30 days' prior written notice in the
event that:
A. Business Associate does not promptly enter into negotiations to amend the Contract
and this Agreement when requested by Covered Entity pursuant to this Section; or
B. Business Associate does not enter into an amendment to the Contract and this
Agreement, which provides assurances regarding the safeguarding of PHI sufficient,
in Covered Entity's sole discretion, to satisfy the standards and requirements of the
HIPAA, the HIPAA Rules and applicable law.
b. Amendment of Appendix. The Appendix to this Agreement may be modified or amended by the
mutual written agreement of the Parties, without amendment of this Agreement. Any modified or
amended Appendix agreed to in writing by the Parties shall supersede and replace any prior version
of the Appendix.
11. ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS
Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is
commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by
Business Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon
receipt of such notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its
employees, Subcontractors, or agents assisting Business Associate in the performance of its obligations under the
Contract to, assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and
shall cause its employees, Subcontractor's and agents to, provide assistance, to Covered Entity, which may
Page 8 of 11 HIPAA BAA/QSOA
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Exhibit D
include testifying as a witness at such proceedings. Business Associate or any of its employees, Subcontractors or
agents shall not be required to provide such assistance if Business Associate is a named adverse party.
12. INTERPRETATION AND ORDER OF PRECEDENCE
Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the
HIPAA Rules. In the event of an inconsistency between the Contract and this Agreement, this Agreement shall
control. This Agreement supersedes and replaces any previous, separately executed HIPAA business associate
agreement between the Parties.
13. SURVIVAL
Provisions of this Agreement requiring continued performance, compliance, or effect after termination shall
survive termination of this contract or this agreement and shall be enforceable by Covered Entity.
Page 9 of 11 HIPAA BAA/QSOA
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Exhibit D
APPENDIX TO HIPAA BUSINESS ASSOCIATE AGREEMENT
This Appendix ("Appendix") to the HIPAA Business Associate Agreement ("Agreement") is s an appendix to the
Contract and the Agreement. For the purposes of this Appendix, defined terms shall have the meanings ascribed
to them in the Agreement and the Contract.
Unless the context clearly requires a distinction between the Contract, the Agreement, and this Appendix, all
references to "Contract" or "Agreement" shall include this Appendix.
1. PURPOSE
This Appendix sets forth additional terms to the Agreement. Any sub -section of this Appendix marked as
"Reserved" shall be construed as setting forth no additional terms.
2. ADDITIONAL TERMS
Additional Permitted Uses. In addition to those purposes set forth in the Agreement, Business
Associate may use PHI for the following additional purposes:
i. Reserved.
b. Additional Permitted Disclosures. In addition to those purposes set forth in the Agreement, Business
Associate may disclose PHI for the following additional purposes:
i. Reserved.
c. Approved Subcontractors. Covered Entity agrees that the following Subcontractors or agents of
Business Associate may receive PHI under the Agreement:
i. Reserved.
d. Definition of Receipt of PHI. Business Associate's receipt of PHI under this Contract shall be
deemed to occur, and Business Associate's obligations under the Agreement shall commence, as
follows:
i. Reserved.
e. Additional Restrictions on Business Associate. Business Associate agrees to comply with the
following additional restrictions on Business Associate's use and disclosure of PHI under the
Contract:
i. Reserved.
ii. The Associate:
A. Acknowledges this agreement qualifies as a Qualified Service Organization
Addendum as the agreement is between a Substance Abuse Program
("Program") and a Qualified Service Organization as defined by 42 C.F.R.
Part 2.
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Exhibit D
B. Acknowledges that in receiving, transmitting, transporting, storing,
processing or otherwise dealing with any information received from the
Program identifying or otherwise relating to the patient in the Program
("protected information"), it is fully bound by the provisions of the federal
regulations governing the Confidentiality of Alcohol and Drug Abuse Patient
Records, 42 C.F.R. Part 2. Protected information encompasses protected
health information ("PHI") and references to PHI shall be understood to
include protected information.
C. Agrees to resist any efforts in judicial proceeding to obtain access to the
protected information except as expressly provided for in the regulations
governing the Confidentiality of Alcohol and Drug Abuse patient Records,
42 C.F.R. Part 2.
D. Agrees that if the Associate enters into a contract with any agent or
subcontractor, the agent or subcontractor will agree to comply with 42 C.F.R
Part 2.
E. Agrees to ensure that any agent or subcontractor to whom the Associate
provides protected information received from the Program, or creates or
receives on behalf of the Program, agrees to the same restrictions and
conditions that apply through this agreement to the Associate with respect to
such information.
F. Agrees that redisclosure of protected information is prohibited unless
permitted by 42 C.F.R. Part 2.
f. Additional Terms. Business Associate agrees to comply with the following additional terms under the
Agreement.
i. Reserved.
Page 11 of 11 HIPAA BAA/QSOA
Revised August 2018
Exhibit E
Ate
COLORADO
Financial Services
DePxtmmt of Hum. Ser ces
Divis,on of Contracts and Procurement
EXHIBIT E - Supplemental Provisions for Federal Awards
For the purposes of this Exhibit only, Contractor is also identified as "Subrecipient." This Contract 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 Supplemental
Provisions for Federal Awards, the Special Provisions, the Contract or any attachments or exhibits incorporated into and
made a part of the Contract, the Supplemental Provisions for Federal Awards shall control. In the event of a conflict
between the Supplemental Provisions for Federal Awards and the FFATA Supplemental Provisions (if any), and/or
exhibit regarding SLFRF Federal Provisions, the terms re FFATA and/or SLFRF shall control. If the source of the funding
of the Contract is a grant, 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.
1) Federal Award Identification
i. Subrecipient: County of Weld
ii. Subrecipient Unique Entity ID number: MICIOCT9U9MTV5
iii. The Federal Award Identification Number (FAIN) is H79TI087829;
iv. The Federal award date is 09/24/2024
v. The subaward period of performance September 30, 2024 and end date is September 29, 2025;
vi. Federal Funds:
Contract or
Fiscal Year
Amount of Federal funds
obligated by this Contract
Total amount of Federal
funds obligated to the
Subrecipient
Total amount of the
Federal Award committed
to Subrecipient by CDHS
FFY25
SOR 4
$69,998.82
$69,998.82
$69,998.82
vii. Federal award project description: to support services targeting opioid use disorder and/or stimulant use
disorder and/or polyuse disorder for individuals currently in custody.
viii. The name of the Federal awarding agency is Substance Abuse and Mental Health Services Administration
(SAMHSA); the name of the pass -through entity is the State of Colorado, Department of Human Services
(CDHS);
ix. The Catalog of Federal Domestic Assistance (CFDA) number is 93.788, name is State Opioid Response
(SOR) Grants, and dollar amount is $20,805,885;
x. This award is not for research & development;
xi. The indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR §200.414
Indirect (F&A) costs) is pre -determined based upon the State of Colorado and CDHS cost allocation plan.
2) All requirements imposed by CDHS on Subrecipient so that the Federal award is used in accordance with Federal
statutes, regulations, and the terms and conditions of the Federal award, are stated in Exhibit A, Exhibit B, Exhibit
C, Exhibit D, Exhibit E.
Supplemental Provisions for Federal Awards Page 1 of 10
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Exhibit E
3) Any additional requirements that CDHS imposes on Subrecipient in order for CDHS to meet its own responsibility to
the Federal awarding agency, including identification of any required financial and performance reports, are stated in
Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E.
4) Subrecipient's approved indirect cost rate is 0%.
5) Subrecipient must permit CDHS and auditors to have access to Subrecipient's records and financial statements as
necessary for CDHS to meet the requirements of 2 CFR §200.332 Requirements for pass -through entities, §§ 200.300
Statutory and National Policy Requirements through §200.309 Period of performance, and Subpart F —Audit
Requirements of this Part.
6) The appropriate terms and conditions concerning closeout of the subaward are listed in Section 15 of this Exhibit and
may be further specified in the accompanying Scope of Work exhibit.
7) Performance and Final Status. Subrecipient shall submit all financial, performance, and other reports to CDHS no
later than Thirty (30) calendar days after the period of performance end date or sooner termination of this Contract
containing an evaluation and review of Subrecipient's performance and the final status of Subrecipient's obligations
hereunder.
8) Matching Funds
If a box
xx(below is checked, the accompanying provision applies.
i. IJ Subrecipient is not required to provide matching funds.
ii. ❑ Subrecipient shall provide matching funds as stated in insert reference to exhibit that contains match
information. Subrecipient shall have raised the full amount of matching funds prior to the Effective Date and
shall report to CDHS regarding the status of such funds upon request. Subrecipient's obligation to pay all or
any part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully
appropriated for the purposes of this Contract by the authorized representatives of the Subrecipient and paid
into the Subrecipient's treasury or bank account. Subrecipient represents to CDHS that the amount designated
as matching funds has been legally appropriated for the purposes of this Contract by its authorized
representatives and paid into its treasury or bank account. Subrecipient does not by this Contract irrevocably
pledge present cash reserves for payments in future fiscal years, and this Contract is not intended to create a
multiple -fiscal year debt of the Subrecipient. Subrecipient shall not pay or be liable for any claimed interest,
late charges, fees, taxes or penalties of any nature, except as required by Subrecipient's laws or policies.
1.
DEFINITIONS.
1.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them
below.
1.1.1. "Award" means an award of Federal financial assistance, and the Contract setting forth the terms and
conditions of that financial assistance, that a non -Federal Entity receives or administers.
1.1.1.1.1. Awards may be in the form of:
1.1.1.1.2. Grants;
1.1.1.1.3. Contracts;
1.1.1.1.4. Cooperative Contracts, which do not include cooperative research
and development Contracts (CRDA) pursuant to the Federal Technology
Transfer Act of 1986, as amended (15 U.S.C. 3710);
1.1.1.1.5. Loans;
1.1.1.1.6. Loan Guarantees;
1.1.1.1.7. Subsidies;
Supplemental Provisions for Federal Awards Page 2 of 10
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Exhibit E
1.1.1.1.8. Insurance;
1.1.1.1.9. Food commodities;
1.1.1.1.10. Direct appropriations;
1.1.1.1.11. Assessed and voluntary contributions; and
1.1.1.1.12. Other financial assistance transactions that authorize the
expenditure of Federal funds by non -Federal Entities.
1.1.1.1.13. Any other items specified by OMB in policy memoranda available
at the OMB website or other source posted by the OMB.
1.1.2. Award does not include:
1.1.2.1. Technical assistance, which provides services in lieu of
money;
1.1.2.2. A transfer of title to Federally -owned property provided in
lieu of money; even if the award is called a grant;
1.1.2.3. Any award classified for security purposes; or
1.1.2.4. Any award funded in whole or in part with Recovery funds,
as defined in section 1512 of the American Recovery and
Reinvestment Act (ARRA) of 2009 (Public Law 111-5).
1.1.3. "Contract" means the Contract to which these Federal Provisions are attached and includes all Award types
in § of this Exhibit.
1.1.4. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal financial
assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and
borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors.
1.1.5. "Unique Entity ID number" or "UEI" is the Unique Entity ID number established by the federal
government in the Unique Entity ID System to uniquely identify a business entity. For more, see:
www.sam.gov.
1.1.6. "Entity" means:
1.1.6.1. If the source of funding is a Grant:
1.1.6.1.1. a Non -Federal Entity;
1.1.6.1.2. a foreign public entity;
1.1.6.1.3. a foreign organization;
1.1.6.1.4. a non-profit organization;
1.1.6.1.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
1.1.6.1.6. a foreign non-profit organization (only for 2 CFR part 170) only);
1.1.6.1.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a
non -Federal entity (or 2 CFR 200.1); or
1.1.6.1.8. a foreign for-profit organization (for 2 CFR part 170 only).
1.1.6.2. If the source of funding is not a Grant:
1.1.6.2.1. all of the following as defined at 2 CFR part 25, subpart C;
1.1.6.2.2. A governmental organization, which is a State, local government, or Indian Tribe;
Supplemental Provisions for Federal Awards Page 3 of 10
Revised July 2024
Exhibit E
1.1.6.3. a foreign public entity;
1.1.6.4. a domestic or foreign non-profit organization;
1.1.6.5. a domestic or foreign for-profit organization; and
1.1.6.6. a Federal agency, but only a Subrecipient under an Award or Subaward to a non -
Federal entity.
1.1.7. "Executive" means an officer, managing partner or any other employee in a management position.
1.1.8. If the source of funding is a Grant, "Federal Awarding Agency" means a Federal agency providing a
Federal Award to a Recipient as described in 2 CFR 200.1. If the source of funding is not a Grant, "Federal
Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime
Recipient.
1.1.9. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282),
as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the "Transparency
Act."
1.1.10. "Federal Provisions" means these Federal Provisions subject to the Transparency Act and Uniform
Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institutions of higher education.
1.1.11. If the source of funding is a Grant, "Grant" as used herein is the Contract to which these Federal Provisions
are attached.
1.1.12. "Grantee" means the party or parties identified as such in the Grant to which these Federal Provisions are
attached if the source of funding is a Grant. Grantee also means Subrecipient.
1.1.13. "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.
1.1.14. "Nonprofit Organization" means any corporation, trust, association, cooperative, or other organization, not
including IHEs, that:
1.1.14.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the
public interest;
1.1.14.2. Is not organized primarily for profit; and
1.1.14.3. Uses net proceeds to maintain, improve, or expand the operations of the organization.
1.1.15. "OMB" means the Executive Office of the President, Office of Management and Budget.
1.1.16. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a Subrecipient to carry out
part of a Federal program.
1.1.17. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award,
or, of the source of funding is a Grant it is that agency or institution identified as the Grantor in the Grant
to which these Federal Provisions are attached.
1.1.18. "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 or 2
CFR 200.38, as applicable. The term does not include payments to a contractor or payments to an individual
that is a beneficiary of a Federal program.
Supplemental Provisions for Federal Awards Page 4 of 10
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Exhibit E
1.1.19. "Subrecipient" or, if the source of funding is a Grant, "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 "Subrecipient" includes and may be referred to as
Subgrantee. The term does not include an individual who is a beneficiary of a federal program.
1.1.20. "Subrecipient Parent UEI Number" means the subrecipient parent organization's 12 -digit Unique Entity
ID System (UEI) number that appears in the subrecipient's System for Award Management (SAM) profile,
if applicable.
1.1.21. "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.
1.1.22. "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), as applicable) and includes the following:
1.1.22.1. Salary and bonus;
1.1.22.2. 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;
1.1.22.3. 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;
1.1.22.4. Change in present value of defined benefit and actuarial pension plans;
1.1.22.5. Above -market earnings on deferred compensation which is not tax -qualified;
1.1.22.6. 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.
1.1.23. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109-282), as amended by §6202 of Public Law 110-252. The Transparency Act may also be referred to as
FFATA.
1.1.24. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, which, unless the source of funding is a Grant,
supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-
102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and
conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance
or the terms and conditions of the Federal Award specifically indicate otherwise.
1.1.25. "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a
project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not
subject to the terms and conditions of the Federal award. Program compliance requirements do not pass
through to a Vendor.
2. COMPLIANCE.
Supplemental Provisions for Federal Awards Page 5 of 10
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Exhibit E
2.1. Contractor/Grantee shall comply with all applicable provisions of the Transparency Act and the regulations
issued pursuant thereto, all applicable provisions of the Uniform Guidance, including, but not limited to, 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
Contractor/Grantee of such revisions, but such notice shall not be a condition precedent to the effectiveness of
such revisions.
3. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEI) REQUIREMENTS.
3.1. SAM. Contractor/Grantee shall maintain the currency of its information in SAM until the Contractor/Grantee
submits the final financial report required under the Award or receives final payment, whichever is later.
Contractor/Grantee shall review and update SAM information at least annually after the initial registration, and
more frequently if required by changes in its information.
3.2. UEI. Contractor/Grantee shall provide its UEI number to its Prime Recipient, and shall update
Contractor's/Grantee's information in www.sam.gov at least annually after the initial registration, and more
frequently if required by changes in Contractor's/Grantee's information.
4. TOTAL COMPENSATION.
4.1. Contractor/Grantee shall include Total Compensation in SAM for each of its five most highly compensated
Executives for the preceding fiscal year if:
4.1.1. The total Federal funding authorized to date under the Award is $30,000 or more if the source of funding
is a Grant, or otherwise $25,000 or more if the source of funding is not a Grant; and
4.1.2. In the preceding fiscal year, Contractor/Grantee received:
4.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts
and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and
4.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency
Act if the source of funding is a Grant or otherwise $25,000,000 or more in annual gross revenues
from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act if the source of funding is not a Grant; and
4.1.2.3. 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.
S. REPORTING.
5.1. If Contractor/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 Contract/Grant price. The reporting requirements in this Exhibit are based on
guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time
by OMB. Any such changes shall be automatically incorporated into this Contract/Grant and shall become part
of Contractor's/Grantee's obligations under this Contract/Grant.
6. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
6.1. If the source of funding is a Grant, Reporting requirements in §7 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.
Supplemental Provisions for Federal Awards Page 6 of 10
Revised July 2024
Exhibit E
6.2. If the source of funding is not a Grant, Reporting requirements in §7 below apply to new Awards as of October
1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award
modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as
of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently
de -obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to
the reporting requirements.
6.3. The procurement standards in §8 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.
7. SUBRECIPIENT REPORTING REQUIREMENTS.
7.1. If Contractor/Grantee is a Subrecipient, Contractor/Grantee shall report as set forth below.
7.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each
Federal Award Identification Number (FAIN) assigned by a Federal agency to a Prime Recipient no later
than the end of the month following the month in which the Subaward was made:
7.1.1.1. Subrecipient UEI Number;
7.1.1.2. Subrecipient UEI Number if more than one electronic funds transfer (EFT) account;
7.1.1.3. Subrecipient parent's organization UEI Number;
7.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip (+ 4 if source of
funding is a Grant or as otherwise directed per SAM directives for proper reporting), and
Congressional District;
7.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met;
and
7.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated Executives if the criteria
in §4 above met.
7.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the
Contract/Grant, the following data elements:
7.1.2.1. Subrecipient's UEI Number as registered in SAM.
7.1.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip
code + 4, and Congressional District.
8. PROCUREMENT STANDARDS.
8.1. 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
8.2. If the source of funding is a Grant: 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
contracts and purchase orders for work or products under this award.
Supplemental Provisions for Federal Awards Page 7 of 10
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Exhibit E
8.3. 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.
9. ACCESS TO RECORDS.
9.1. A Subrecipient shall permit Recipient/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 200.311-200.332
(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.
10. SINGLE AUDIT REQUIREMENTS.
10.1. 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.
10.1.1. 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.
10.1.2. 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.
10.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit
required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when
due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements,
including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial
statements) and provide the auditor with access to personnel, accounts, books, records, supporting
documentation, and other information as needed for the auditor to perform the audit required by Uniform
Guidance Subpart F -Audit Requirements.
11. CONTRACT/GRANT PROVISIONS FOR SUBRECIPIENT CONTRACTS.
11.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient,
Contractors/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
Contract/Grant.
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Exhibit E
11.1.1. [Applicable to federally assisted construction contracts.] Equal Employment Opportunity. Except as
otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted
construction contract" in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41
CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41
CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.
11.1.2. [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).
11.1.3. Rights to Inventions Made Under a contract/grant or agreement. If the Federal Award meets the definition
of "funding agreement"! "funding Contract" under 37 CFR 401.2 (a) and the Prime Recipient or
Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or research work
under that "funding agreement,"/"funding Contract", 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, Contracts and Cooperative Agreements," and any implementing
regulations issued by the Federal Awarding Agency.
11.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision
that requires the non -Federal awardee(s) 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).
11.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220)
must not be made to parties listed on the government wide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3
CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension."
SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
11.1.6. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the non -Federal award.
11.1.7. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to
the regulations implementing "Never contract with the enemy" in 2 CFR part 183. The regulations in 2
CFR part 183 affect covered contracts, 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.
11.1.8. 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. CERTIFICATIONS.
Supplemental Provisions for Federal Awards Page 9 of 10
Revised July 2024
Exhibit E
12.1. Unless prohibited by Federal statutes or regulations, Recipient/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 maybe 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.
13. EXEMPTIONS.
13.1. 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.
13.2. A Contractor/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.
14. EVENT OF DEFAULT AND TERMINATION.
14.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract/Grant
and the State of Colorado may terminate the Contract/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 Contract/Grant, at law or in equity.
14.2. Termination (2 CFR 200340). The Federal Award may be terminated in whole or in part as follows:
14.2.1. 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;
14.2.2. 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;
14.2.3. 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;
14.2.4. 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
14.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to termination provisions included in the
Federal Award.
15. Additional Terms re Payments to Grantee to Supplement Main Terms in Contract
15.1.Federal Recovery: The closeout 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.
15.2. Close -Out: Grantee shall close out this Award within 45 days after the Fund Expenditure End Date shown
on the Signature and Cover Page for this Agreement. To complete closeout, Grantee shall submit to the
State all deliverables (including documentation) as defined in this 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 one year and 90 days after the Fund
Expenditure End Date shown on the Signature and Cover Page for this Agreement 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.
Supplemental Provisions for Federal Awards Page 10 of 10
Revised July 2024
Houstan Aragon
From:
Sent
To:
Subject:
Attachments:
Brandon Williams
Thursday, November 14, 2024 3:30 PM
Houstan Aragon
FW: Weld JBBS + SOR budget and SOW
25 IBEH 194150 - K - Weld County - BHAS - SOR4Yr1.pdf
Houstan
Below is the email that I referenced during our conversation.
Brandon
From: Elliott - BHA, Travis <travis.elliott@state.co.us>
Sent: Friday, October 4, 2024 2:15 PM
To: Hird - BHA, Brianna <brianna.hird@state.co.us>
Cc: Rebecca Huckaby - BHA<rebecca.huckabyraphaelson@state.co.us>; Brandon Williams <bwilliams@weld.gov>;
Athene Puppos - BHA <athene.puppos@state.co.us>
Subject: Re: Weld JBBS + SOR budget and SOW
Good Afternoon, Weld County
I have attached your Contract for your review and approval. Please do not sign this document. Once you
approve, I will forward the contract to my contracts management team through DocuSign where you will also
receive it. Please let me know if you have any questions or concerns.
Warm Regards,
On Mon, Sep 16, 2024 at 3:57 PM Hird - BHA, Brianna <brianna.hird@state.co.us> wrote:
Hello all,
Weld County's budget has approval and requires no changes or modifications! Also attached is the JBBS+SOR
Statement of Work. This is a master SOW that is to be used for all jails participating in JBBS receiving these State Opioid
Response grant funds. This SOW is inclusive of all activities allowed with the State Opioid Response grant. Please note
that articles 7 and 8 may not be applicable to the county's program, but are something we include in all SOR contracts.
Weld, when we have your email approval for the SOR budget and SOR+JBBS Statement of Work, we may move the
contracting process forward. We look forward to our partnership!
Please let me know if you have any questions or concerns,
Brianna
Brianna Hird, MSW
Project Director
SAMHSA State Opioid Response Grant
My pronouns are she/her/hers (and here is why that matters)
isw COLORADO
Behavioral Health Administration
C: 720-672-3442
710 S Ash St, Suite C140, Glendale, CO 80246
brianna.hirdCastate.co.us I https://bha.colorado.gov/
BHA Values: Truth, Equity, Collaboration, Community -Informed Practice, Generational Impact
Travis H. Elliott
S0R Contracts Coordinator, Behavioral Health Administration
My pronouns are he/him/his (and here is why that matters).
44,„,,
COLORADO
Behavioral Health
Administration
710 S. Ash St, C140 Denver, CO 80246
travis.elliott@state.co.us I https: //bha.colorado.gov/
BHA Values: Truth, Equity, Collaboration, Community -Informed Practice, Generational Impact
2
Contract Form
Entity Information
Entity Name* Entity ID*
COLORADO DEPARTMENT OF @00003650
HUMAN SERVICES
Contract Name*
2024-25 STATE OPIOID RESPONSE (SOR) GRANT
Contract Status
CTB REVIEW
New Entity?
Contract ID
8848
Contract Lead *
MKNEE
Contract Lead Email
mknee@weld.gov;skohlgr
af@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
GRANT AWARD; GRANT PERIOD 9/230/2024-9/30/2025; COST REIMBURSEMENT FOR NRBH SALARIES
Contract Description 2
Contract Type*
AWARD
Amount*
$69,998.82
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
SHERIFF
Department Email
CM-Sheriff@weld.gov
Department Head Email
CM-Sheriff-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 11/16/2024
11/20/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date *
07/01/2025
Committed Delivery Date
Renewal Date
Expiration Date*
09/29/2025
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
DONNIE PATCH
DH Approved Date
11/15/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
11/20/2024
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
11/15/2024 11/15/2024
Tyler Ref #
AG 112024
Originator
SKOHLGRAF
Hello