HomeMy WebLinkAbout20242043.tiffRESOLUTION
RE: APPROVE ACCEPTANCE OF INTERGOVERNMENTAL AGREEMENT FOR 2024-2025
COUNTY GRANT PROGRAM FOR LONG-TERM CARE COORDINATION CASE
MANAGEMENT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for the
2024-2025 County Grant Program for Long -Term Care Coordination Case Management between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Human Services, and the Colorado Department of
Health Care Policy and Financing, commencing July 17, 2024, and ending June 30, 2025, with
further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve and accept said
agreement, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for the 2024-2025 County Grant
Program for Long -Term Care Coordination Case Management between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
the Department of Human Services, and the Colorado Department of Health Care Policy and
Financing, be, and hereby is, approved and accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of July, A.D., 2024, nunc pro tunc July 17, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD e. 1 Y, COL ADO
ATTEST:
Weld County Clerk to the Board
BYC4Cdin 1&J t & i Llt
Deputy Clerk to the Board
APP'S' DAS
ounty Att• e
Date of signature:
Ke ' Ross, Chair
tO1,e.ty•X
Perry L. B
k, Pro-Tem
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(('1O4.
Mik Freeman
ott K. James
on Saine
cc:I4SD, AcT(cP/co)
s/2.7/24
2024-2043
HR0096
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Health Care Policy and Financing FY 2024-25 County Grant Program Intergovernmental
Agreement
DEPARTMENT: Human Services DATE: July 23, 2024
PERSON REQUESTING: Jamie Ulrich, Director, Human Services
Brief description of the problem/issue: On June 4, 2024, the Department applied for the Health Care Policy
and Financing (HCPF) FY 2024-25 County Grant Program, known to the Board as Tyler# 2024-1533. As a result,
the Department was awarded $107,552.55 per a unilateral Intergovernmental Agreement issued from HCPF.
Awarded funds must be expended no later than June 30, 2025, and will be used for salary, benefits,
mileage/travel, and equipment costs for one (1) Case Manager position that has already been approved by the
Department but is currently vacant.
The Department is requesting approval of the Colorado Department of Health Care Policy and Finance (HCPF)
unilateral Intergovernmental Agreement with terms and conditions and for the Department to expend the
funds awarded.
What options exist for the Board?
• Approval of the Intergovernmental Agreement between WCDHS and HCPF
* Deny approval of the Intergovernmental Agreement between WCDHS and HCPF.
Consequences: The Department of Human Services' Home and Community Supports Division will not
be able to accept the awarded funds.
Impacts: The Department of Human Services' Home and Community Support Division will not
have the funding for one (1) Case Manager position.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• Total grant award = $107,552.55 (No matching funds required).
• Funded through Colorado Department of Health Care Policy and Financing.
* Term: July 1, 2024 through June 30, 2025.
Pass -Around Memorandum; July 23, 2024 — CMS ID 8520
2024-2043
-1/31 le0�t tp
Recommendation:
• Approval of the unilateral Intergovernmental Agreement with terms and conditions and authorize the
Department to expend the awarded funding. No signature is required.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
Pass -Around Memorandum; July 23, 2024 - CMS ID 8520
a
COLORADO
Department of Health Care
Policy Fr Financing
Notice of Grant Determination
FY 2024-2025 County Grant Program
July 10, 2024
Jill Colavolpe
Weld County Government
1150O St
Greeley, CO 80631-1117
The Colorado Department of Health Care Policy and Financing's (the Department) County Grant
Scoring Committee reviewed your application for the FY 2024-2025 County Grant Program and
made a determination on whether to approve or deny the proposed project.
FY 2024-2025 County Grant Program Competitive Application Proposed Project
Proposed Project: Long -Term Care (LTC) Coordination Case Manager (CM)
Requested Total Funding: $107,552.55
Grant Proposal Project Manager: Jill Colavolpe
FY 2024-2025 County Grant Scoring Committee Determination
Final Determination: Approved Final Score: 12.57
Awarded Amount: $107,552.55 Remaining Balance: $0.00
Additional Notes: Grantee is required to use CFMS code, M210.5400 to charge eligible
expenditures.
If the proposed project was approved, the Department will provide an Intergovernmental Grant
Agreement that formalizes Conditions of Funding and the Statement of Work. This will be provided
as soon as all appropriate Department signatures are in place and will be sent to the Grant Proposal
Project Manager. If the proposed project was denied, no further action is required.
The Department thanks all applicants for their hard work and continued dedication to serving
Coloradans. The Department encourages all counties to participate in future grant cycles, if
funding is approved by the General Assembly.
For questions regarding this Notice of Grant Determination, please contact
HCPFCountyRelations@state.co.us.
Our mission is to improve health care access and outcomes for the people we serve white demonstrating sound
stewardship of financial resources. '#
www.colorado.gov/hcpf
Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090
STATE OF COLORADO
Department of Health Care Policy & Financing
State Agency
Department of Health Care Policy and Financing
Grant Agreement Number
G25-192443
Grantee
Board of County Commissioners of Weld County Government
Grantee UEI
MKKXT9U9MTV5
Grant Issuance Date
The date the State Controller, or an authorized delegate, signs
this Grant Letter or July 1, 2024, whichever is later.
Grant Expiration Date
June 30, 2025
Grant Amount
State Fiscal Year 2025: $107,552.55
Total for all State Fiscal Years: $107,552.55
Local Match Amount
State Fiscal Year 2025: $0.00
Total for all State Fiscal Years: $0.00
Federal Grant Authority
This Grant is funded, in whole or in part, with Federal funds awarded to the State by the U.S. Department of Health and
Human Services, Centers for Medicare and Medicaid Services provided to the State for the purposes of Medicaid
administration.
State Grant Authority
This Grant Award Letter is funded, in whole or in part, with State funds made available pursuant to the Colorado General
Assembly's appropriation of Medicaid administrative funds to the Department of Health Care Policy and Financing.
Grant Purpose
The purpose of this project is to provide comprehensive assistance to current and pending LTC Medical Assistance members
who need assistance to successfully navigate and complete the financial eligibility processes.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
1. Exhibit A, Conditions of Funding.
2. Exhibit B, Federal Provisions.
In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
1. Exhibit B, Federal Provisions.
2. The provisions of the other sections of the main body of this Grant.
3. Exhibit A, Conditions of Funding
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
STATE OF COLORADO
Jared S. Palms, Governor
Department of Health Care Policy and Financing
Kim Bimestefer, Executive Director
p—DocuSigned by:
By:
In accordance with §24-30-202 C.R.S., this Grant is not valid
until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
Department of Health Care Policy and Financing
Jerrod Cotosman, Controller
-DocuSignedd by:
By: 2614,01 VO1oyrwan.
'-0B6A84797EA8493...
7/17/2024 I 14:59 MDT
Date:
\--76F69541272B43A...
Date: 7/17/2024 116:08 MDT
Grant Number: G25-192443
Page 1 of 1
Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award
Letter (the "State") hereby obligates and awards to Grantee shown on the first page of this Grant
Award Letter (the "Grantee") an award of Grant Funds in the amounts shown on the first page
of this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award
Letter, Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties' respective performances under this Grant Award Letter shall commence on
the Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter.
Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant
Award Letter by providing Grantee with an updated Grant Award Letter showing the new
Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State
of Colorado as determined by its Governor, General Assembly, or Courts. If this Grant
Award Letter ceases to further the public interest of the State or if State, Federal or other
funds used for this Grant Award Letter are not appropriated, or otherwise become
unavailable to fund this Grant Award Letter, the State, in its discretion, may terminate
this Grant Award Letter in whole or in part by providing written notice to Grantee that
includes, to the extent practicable, the public interest justification for the termination. If
the State terminates this Grant Award Letter in the public interest, the State shall pay
Grantee an amount equal to the percentage of the total reimbursement payable under this
Grant Award Letter that corresponds to the percentage of Work satisfactorily completed,
as determined by the State, less payments previously made. Additionally, the State, in its
discretion, may reimburse Grantee for a portion of actual, out-of-pocket expenses not
otherwise reimbursed under this Grant Award Letter that are incurred by Grantee and are
directly attributable to the uncompleted portion of Grantee's obligations, provided that
the sum of any and all reimbursements shall not exceed the maximum amount payable to
Grantee hereunder. This subsection shall not apply to a termination of this Grant Award
Letter by the State for breach by Grantee.
C. Grantee's Termination Under Federal Requirements
Grantee may request termination of this Grant by sending notice to the State, or to the
Federal Awarding Agency with a copy to the State, which includes the reasons for the
termination and the effective date of the termination. If this Grant is terminated in this
manner, then Grantee shall return any advanced payments made for work that will not be
performed prior to the effective date of the termination.
3. AUTHORITY
Authority to enter into this Grant Award Letter exists in the law as follows:
A. Federal Authority
This Grant is funded, in whole or in part, with Federal funds awarded to the State by the
Grant Number: G25-192443 Page 1 of 11
Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090
U.S. Department of Health and Human Services, Centers for Medicare and Medicaid
Services provided to the State for the purposes of Medicaid administration.
B. State Authority
This Grant Award Letter is funded, in whole or in part, with State funds made available
pursuant to the Colorado General Assembly's appropriation of Medicaid administrative
funds to the Department of Health Care Policy and Financing.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Business Day" means any day in which the State is open and conducting business, but
shall not include Saturday, Sunday or any day on which the State observes one of the
holidays listed in §24-11-101(1) C.R.S.
B. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S.
C. "Grant Award Letter" means this letter which offers Grant Funds to Grantee, including
all attached Exhibits, all documents incorporated by reference, all referenced statutes,
rules and cited authorities, and any future updates thereto.
D. "Grant Funds" means the funds that have been appropriated, designated, encumbered,
or otherwise made available for payment by the State under this Grant Award Letter.
E. "Grant Expiration Date" means the Grant Expiration Date shown on the first page of
this Grant Award Letter.
F. "Grant Issuance Date" means the Grant Issuance Date shown on the first page of this
Grant Award Letter.
G. "Exhibits" exhibits and attachments included with this Grant as shown on the first page
of this Grant.
H. "Extension Term" means the period of time by which the Grant Expiration Date is
extended by the State through delivery of an updated Grant Award Letter.
I. "Federal Award" means an award of Federal financial assistance or a cost -
reimbursement contract under the Federal Acquisition Regulations by a Federal Awarding
Agency to the Recipient. "Federal Award" also means an agreement setting forth the
terms and conditions of the Federal Award. The term does not include payments to a
contractor or payments to an individual that is a beneficiary of a Federal program.
J. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient. United States Department of Health and Human Services, Centers for Medicare
and Medicaid Services (CMS) is the Federal Awarding Agency for the Federal Award
which is the subject of this Grant.
K. "Goods" means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired,
produced, or delivered by Grantee in connection with the Services.
L. "Incident" means any accidental or deliberate event that results in or constitutes an
imminent threat of the unauthorized access or disclosure of State Confidential Information
or of the unauthorized modification, disruption, or destruction of any State Records.
M. "Initial Term" means the time period between the Grant Issuance Date and the Grant
Grant Number: G25-192443 Page 2 of 11
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Expiration Date.
N. "Matching Funds" means the funds provided Grantee as a match required to receive the
Grant Funds.
O. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
P. "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 at § 24-74-102, et. seq., C.R.S.
"PHI" means any protected health information, including, without limitation any
information whether oral or recorded in any form or medium: (i) that relates to the past,
present or future physical or mental condition of an individual; the provision of health
care to an individual; or the past, present or future payment for the provision of health
care to an individual; and (ii) that identifies the individual or with respect to which there
is a reasonable basis to believe the information can be used to identify the individual. PHI
includes, but is not limited to, any information defined as Individually Identifiable Health
Information by the federal Health Insurance Portability and Accountability Act.
R. "Recipient" means the State Agency shown on the first page of this Grant Award Letter,
for the purposes of the Federal Award.
S. "Services" means the services to be performed by Grantee as set forth in this Grant Award
Letter and shall include any services to be rendered by Grantee in connection with the
Goods.
T. "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, 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/Grantee which (i) is
subject to disclosure pursuant to CORA; (ii) is already known to Contractor/Grantee
without restrictions at the time of its disclosure to Contractor/Grantee; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by
Contractor/Grantee to the State; (iv) is disclosed to Contractor/Grantee, 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.
Q.
U. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
V. "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.
W. "State Records" means any and all State data, information, and records, regardless of
Grant Number: G25-192443 Page 3 of 11
Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090
physical form, including, but not limited to, information subject to disclosure under
CORA.
X. "Sub -Award" means this grant by the State (a Recipient) to Grantee (a Subrecipient)
funded in whole or in part by a Federal Award. The terms and conditions of the Federal
Award flow down to this Sub -Award unless the terms and conditions of the Federal
Award specifically indicate otherwise.
Y. "Subcontractor" means third parties, if any, engaged by Grantee to aid in performance
of the Work. "Subcontractor" also includes sub -grantees.
Z. "Subrecipient" means a state, local government, Indian tribe, institution of higher
education (IHE), or nonprofit organization entity that receives a Sub -Award from a
Recipient to carry out part of a Federal program but does not include an individual that is
a beneficiary of such program. A Subrecipient may also be a recipient of other Federal
Awards directly from a Federal Awarding Agency. For the purposes of this Grant, Grantee
is a Subrecipient.
AA. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 CFR Part 200, commonly known as the "Super Circular, which supersedes
requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133,
and the guidance in Circular A-50 on Single Audit Act follow-up.
BB. "Work" means the delivery of the Goods and performance of the Services described in
this Grant Award Letter.
CC. "Work Product" means the tangible and intangible results of the Work, whether finished
or unfinished, including drafts. Work Product includes, but is not limited to, documents,
text, software (including source code), research, reports, proposals, specifications, plans,
notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models,
surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work.
"Work Product" does not include any material that was developed prior to the Grant
Issuance Date that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed
and interpreted as defined in that Exhibit.
5. PURPOSE
The purpose of the Grant Award Letter is to ensure county departments of human/social
services who are awarded federal and state funding through the County Grant Program, as
authorized by the Colorado General Assembly and for the purposes of the administration of
Health First Colorado (Colorado's Medicaid Program), follow all applicable federal and state
rules and regulations during the expenditure of approved funding.
6. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance
with the provisions of Exhibit A, Conditions of Funding. The State shall have no liability to
compensate or reimburse Grantee for the delivery of any goods or the performance of any
services that are not specifically set forth in this Grant Award Letter.
7. PAYMENTS TO GRANTEE
A. Maximum Amount
Grant Number: G25-192443 Page 4 of 11
Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount
for each State Fiscal Year shown on the first page of this Grant Award Letter. Financial
obligations of the State payable after the current State Fiscal Year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available. The
State shall not be liable to pay or reimburse Grantee for any Work performed or expense
incurred before the Grant Issuance Date or after the Grant Expiration Date; provided,
however, that Work performed and expenses incurred by Grantee before the Grant
Issuance Date that are chargeable to an active Federal Award may be submitted for
reimbursement as permitted by the terms of the Federal Award.
B. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding
Agency or the State to disallow costs and recover funds on the basis of a later audit or
other review. Any cost disallowance recovery is to be made within the Record Retention
Period, as defined below.
C. Matching Funds.
Grantee shall provide the Local Match Amount shown on the first page of this Grant
Award Letter. Grantee's obligation to pay all or part of any matching funds, whether
direct or contingent, only extends to funds duly and lawfully appropriated for the purpose
of this Agreement by the authorized representatives of Grantee and paid into Grantee's
treasury or bank account. Grantee shall appropriate and allocate all Local Match Amounts
to the purpose of this Grant Award Letter each fiscal year prior to accepting any Grant
Funds for that fiscal year. Grantee does not by accepting this Grant Award Letter
irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant
Award Letter is not intended to create a multiple -fiscal year debt of Grantee. Grantee shall
not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any
nature, except as required by Grantee's laws or policies.
D. Reimbursement of Grantee Costs
Upon prior written approval, the State shall reimburse Grantee's allowable costs, not
exceeding the maximum total amount described in this Grant Award Letter for all
allowable costs described in this Grant Award Letter and shown in the Budget, except
that Grantee may adjust the amounts between each line item of the Budget without formal
modification to this Agreement as long as the Grantee provides notice to the State of the
change, the change does not modify the total maximum amount of this Grant Award Letter
or the maximum amount for any state fiscal year, and the change does not modify any
requirements of the Work. The State shall reimburse Grantee for the Federal share of
properly documented allowable costs related to the Work after the State's review and
approval thereof, subject to the provisions of this Grant. The State shall only reimburse
allowable costs if those costs are: (i) reasonable and necessary to accomplish the Work
and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee
(i.e. the price paid minus any items of value received by Grantee that reduce the cost
actually incurred).
E. Close -Out.
Grantee shall close out this Grant within 15 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
Grant Number: G25-192443 Page 5 of 11
Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090
documentation) as defined in this Grant Award Letter and Grantee's final reimbursement
request or invoice. The State will withhold 5% of allowable costs until all final
documentation has been submitted and accepted by the State as substantially complete. If
the Federal Awarding Agency has not closed this Federal Award within 1 year and 90
days after the Grant Expiration Date due to Grantee's failure to submit required
documentation, then Grantee may be prohibited from applying for new Federal Awards
through the State until such documentation is submitted and accepted.
8. REPORTING - NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than
the end of the close out described in §7.E, containing an evaluation and review of
Grantee's performance and the final status of Grantee's obligations hereunder.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State and the Federal
Awarding Agency, all violations of federal or State criminal law involving fraud, bribery,
or gratuity violations potentially affecting the Federal Award. The State or the Federal
Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR
Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or
debarment.
9. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes
and other written materials, electronic media files, and communications, pertaining in any
manner to this Grant for a period of three years following the completion of the close out
of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and
transcribe all such records during normal business hours at Grantee's office or place of
business, unless the State determines that an audit or inspection is required without notice
at a different time to protect the interests of the State.
B. Monitoring
The State will monitor Grantee's performance of its obligations under this Grant Award
Letter using procedures as determined by the State. Grantee shall allow the State to
perform all monitoring required by the Uniform Guidance, based on the State's risk
analysis of Grantee. The State shall have the right, in its sole discretion, to change its
monitoring procedures and requirements at any time during the term of this Agreement.
The State shall monitor Grantee's performance in a manner that does not unduly interfere
with Grantee's performance of the Work. If Grantee enters into a subcontract or subgrant
with an entity that would also be considered a Subrecipient, then the subcontract or
subgrant entered into by Grantee shall contain provisions permitting both Grantee and the
State to perform all monitoring of that Subcontractor in accordance with the Uniform
Guidance.
C. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee's records that relates to or affects this Grant or the Work, whether
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the audit is conducted by Grantee or a third party. Additionally, if Grantee is required to
perform a single audit under 2 CFR 200.501, et seq., then Grantee shall submit a copy of
the results of that audit to the State within the same timelines as the submission to the
federal government.
10. CONFIDENTIAL INFORMATION -STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any
and all State Records that the State provides or makes available to Grantee for the sole
and exclusive benefit of the State, unless those State Records are otherwise publicly
available at the time of disclosure or are subject to disclosure by Grantee under CORA.
Grantee shall not, without prior written approval of the State, use for Grantee's own
benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any
third party for its benefit or to the detriment of the State, any State Records, except as
otherwise stated in this Grant Award Letter. Grantee shall provide for the security of all
State Confidential Information in accordance with all policies promulgated by the
Colorado Office of Information Security and all applicable laws, rules, policies,
publications, and guidelines. If Grantee or any of its Subcontractors will or may receive
the following types of data, Grantee or its Subcontractors shall provide for the security of
such data according to the following: (i) the most recently promulgated IRS Publication
1075 for all Tax Information and in accordance with the Safeguarding Requirements for
Federal Tax Information attached to this Grant as an Exhibit, if applicable, (ii) the most
recently updated PCI Data Security Standard from the PCI Security Standards Council
for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal
Bureau of Investigation, Criminal Justice Information Services Security Policy for all CJI,
and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and
the HIPAA Business Associate Agreement attached to this Grant, if applicable. Grantee
shall immediately forward any request or demand for State Records to the State's
principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors
as necessary to perform the Work, but shall restrict access to State Confidential
Information to those agents, employees, assigns and Subcontractors who require access
to perform their obligations under this Grant Award Letter. Grantee shall ensure all such
agents, employees, assigns, and Subcontractors sign nondisclosure agreements with
provisions at least as protective as those in this Grant, and that the nondisclosure
agreements are in force at all times the agent, employee, assign or Subcontractor has
access to any State Confidential Information. Grantee shall provide copies of those signed
nondisclosure restrictions to the State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with
any and all applicable laws and regulations in facilities located within the United States,
and shall maintain a secure environment that ensures confidentiality of all State
Confidential Information wherever located. Grantee shall provide the State with access,
subject to Grantee's reasonable security requirements, for purposes of inspecting and
monitoring access and use of State Confidential Information and evaluating security
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control effectiveness. Upon the expiration or termination of this Grant, Grantee shall
return State Records provided to Grantee or destroy such State Records and certify to the
State that it has done so, as directed by the State. If Grantee is prevented by law or
regulation from returning or destroying State Confidential Information, Grantee warrants
it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and
cooperate with the State regarding recovery, remediation, and the necessity to involve law
enforcement, as determined by the State. After an Incident, Grantee shall take steps to
reduce the risk of incurring a similar type of Incident in the future as directed by the State,
which may include, but is not limited to, developing and implementing a remediation plan
that is approved by the State at no additional cost to the State.
E. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement,
Grantee shall provide for the security of such PII, in a manner and form acceptable to the
State, including, without limitation, State non -disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Grantee shall
be a "Third -Party Service Provider" as defined in §24-73-103(1)(i), C.R.S. and shall
maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In
addition, as set forth in § 24-74-102, et. seq., C.R.S., Contractor/Grantee, including, but
not limited to, Contractor's/Grantee'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/Grantee is given direct access to any State databases containing PII,
Contractor/Grantee shall execute, on behalf of itself and its employees, the certification
attached hereto as Exhibit D on an annual basis Contractor's/Grantee's duty and
obligation to certify as set forth in Exhibit D shall continue as long as Contractor/Grantee
has direct access to any State databases containing PII. If Contractor/Grantee uses any
Subcontractors to perform services requiring direct access to State databases containing
PII, the Contractor/Grantee 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.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict
in any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall
be harmful to the State's interests and absent the State's prior written approval, Grantee shall
refrain from any practices, activities or relationships that reasonably appear to be in conflict
with the full performance of Grantee's obligations under this Grant. If a conflict or the
appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance
of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth
the relevant details for the State's consideration. Grantee acknowledges that all State employees
are subject to the ethical principles described in §24-18-105, C.R.S. Grantee further
acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S.
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with regard to this Grant.
12. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure
that any Subcontractors maintain all insurance customary for the completion of the Work done
by that Subcontractor and as required by the State or the GIA.
13. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee
fails to comply with any term or condition of this Grant or any terms of the Federal Award, the
State may terminate some or all of this Grant and require Grantee to repay any or all Grant
funds to the State in the State's sole discretion. The State may also terminate this Grant Award
Letter at any time if the State has determined, in its sole discretion, that Grantee has ceased
performing the Work without intent to resume performance, prior to the completion of the
Work.
14. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as required or permitted by federal
regulations related to any Federal Award that provided any of the Grant Funds, disputes
concerning the performance of this Grant that cannot be resolved by the designated Party
representatives shall be referred in writing to a senior departmental management staff member
designated by the State and a senior manager or official designated by Grantee for resolution.
15. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be
given under this Grant Award Letter shall be in writing, and shall be delivered either in hard
copy or by email to the representative of the other Party. Either Party may change its principal
representative or principal representative contact information by notice submitted in
accordance with this §13.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license,
with the right to sublicense, to make, use, reproduce, distribute, perform, display, create
derivatives of and otherwise exploit all intellectual property created by Grantee or any
Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to
this Grant.
17. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act,
§24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28
U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No
term or condition of this Grant 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.
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18. GENERAL PROVISIONS
A. Assignment
Grantee's rights and obligations under this Grant are personal and may not be transferred
or assigned without the prior, written consent of the State. Any attempt at assignment or
transfer without such consent shall be void. Any assignment or transfer of Grantee's rights
and obligations approved by the State shall be subject to the provisions of this Grant
Award Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference
only, and shall not be used to interpret, define, or limit its provisions. All references in
this Grant Award Letter to sections (whether spelled out or using the § symbol),
subsections, exhibits or other attachments, are references to sections, subsections, exhibits
or other attachments contained herein or incorporated as a part hereof, unless otherwise
noted.
C. Entire Understanding
This Grant Award Letter 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 Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following
receipt of the updated letter. The Parties may also agree to modification of the terms and
conditions of the Grant in a formal amendment to this Grant, properly executed and
approved in accordance with applicable Colorado State law and State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Grant Issuance Date. Grantee shall strictly
comply with all applicable Federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant, and Purchase Order Policies regarding the use
of digital signatures issued under the State Fiscal Rules, then any agreement or consent to
use digital signatures within the electronic system through which that signatory signed
shall be incorporated into this Grant by reference.
G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not
affect the validity or enforceability of any other provision of this Grant Award Letter,
which shall remain in full force and effect, provided that the Parties can continue to
perform their obligations under the Grant in accordance with the intent of the Grant.
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H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the
Grant and shall be enforceable by the other Party.
I. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described above, this Grant
Award Letter does not and is not intended to confer any rights or remedies upon any
person or entity other than the Parties. Any services or benefits which third parties receive
as a result of this Grant are incidental to the Grant, and do not create any rights for such
third parties.
J. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Grant
Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver,
nor shall any single or partial exercise of any right, power, or privilege preclude any other
or further exercise of such right, power, or privilege.
K. Accessibility
i. Contractor/Grantee shall comply with and the Work Product provided under this
Contract/Grantee 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 OIT pursuant to Section §24-85-103 (2.5), C.R.S.
Contractor/Grantee shall also comply with all State of Colorado technology
standards related to technology accessibility and with Level AA of the most
current version of the Web Content Accessibility Guidelines (WCAG),
incorporated in the State of Colorado technology standards.
ii The State may require Contractor's/Grantee's compliance to the State's
Accessibility Standards to be determined by a third party selected by the State to
attest to Contractor's/Grantee's Work Product and software is in compliance with
§§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with
a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
L. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit B at all times during the
term of this Grant.
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EXHIBIT A, CONDITIONS OF FUNDING
The FY 2024-2025 County Grant Program was funded by the General Assembly with a budget of
$1,00,000.00. After an in-depth open, competitive grant application and structural analysis, the
Department awarded $500,000.00 for competitive grant applications. In order to better address
performance and quality outcomes, the Department withheld $500,000.00 in funding to implement
new Targeted Grants. These Targeted Grants will provide funding to counties selected by the
Department to pay for an outcome related to performance and quality. The targeted grant will be
utilized for special projects identified by the Department that would have a direct impact to increase
performance and quality outcomes.
1. GENERAL CONDITIONS OF FUNDING
1.1. Grantee shall use CFMS code, M210.5400 to charge eligible expenditures.
1.1.1. For Medicaid, Grantee shall also use CFDA code 93.778.
1.1.2. For Child Health Plan Plus (CHP+) Grantee shall also use CFDA code 93.767.
1.2. Grantee shall check -in with the Department upon request or, at minimum, quarterly.
1.2.1. Failure to provide the required information, on or before the agreed upon due date, will
be considered late unless Grantee communicates a delay to the Department in advance.
1.3. Grantee shall ensure that Protected Health Information (PHI) is maintained in a confidential
and secure manner.
1.4. Grantee shall ensure its work complies with the Health Insurance Portability and
Accountability Act (HIPAA) rules. Please refer to Exhibit A, HIPAA Business Associates
Addendum.
1.5. Grantee shall provide a Closeout or Continuity/Sustainability Plan explaining how the work
will continue after the fiscal year has ended.
1.5.1. DELIVERABLE: Closeout or Continuity/Sustainability Plan
1.5.2. DUE: June 30, 2025
1.6. Grantee shall refer and adhere to the County Grant Program Conditions of Funding and
Monitoring Plan provided at the time of application.
2. PROJECT SPECIFIC CONDITIONS OF FUNDING
2.1. Grantee shall submit a draft tracker for the Department's approval prior to starting member
assistance.
2.1.1. The data and metrics, including benchmarks, used to track and determine success will be
jointly agreed upon in writing by the Department and Grantee.
2.2. Grantee shall check -in with the Department on a quarterly basis.
2.3. Grantee shall provide a written explanation that clearly distinguishes the separation of duties
between Grantee's Long-term Care (LTC) Coordination Case Manager (CM) and Case
Management Agency's (CMA) Supervisor to ensure reduced duplication.
Grant Number: G25-192443
Exhibit A, Conditions of Funding Page 1 of 1
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EXHIBIT B, FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS.
1.1.
The Grant to which these Federal Provisions are attached has been funded, in whole or in
part, with an Award of Federal funds. In the event of a conflict between the provisions of
these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments
or exhibits incorporated into and made a part of the Grant, the provisions of these Federal
Provisions shall control.
1.2 These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below.
2.1.1. "Award" means an award of Federal financial assistance, and the Grant setting forth
the terms and conditions of that financial assistance, that a non -Federal Entity receives
or administers.
2.1.2. "Entity" means:
2.1.2.1. a Non -Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non -
Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. "Executive" means an officer, managing partner or any other employee in a
management position.
2.1.4. "Federal Awarding Agency" means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
2.1.5. "Grant" means the Grant to which these Federal Provisions are attached.
2.1.6. "Grantee" means the party or parties identified as such in the Grant to which these
Federal Provisions are attached. Grantee also means Subrecipient.
2.1.7. "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.
Grant Agreement Number: G25-192443
Page 1 of 8 Exhibit B, Federal Provisions
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2.1.8. "Nonprofit Organization" means any corporation, trust, association, cooperative, or
other organization, not including IHEs, that:
2.1.8.1. Is operated primarily for scientific, educational, service, charitable, or similar
purposes in the public interest;
2.1.8.2. Is not organized primarily for profit; and
2.1.8.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.9. "OMB" means the Executive Office of the President, Office of Management and
Budget.
2.1.10. "Pass -through Entity" means a non -Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.11. "Recipient" means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.12. "Subaward" means an award by a Recipient to a Subrecipient or a Contractor/Grantee
funded in whole or in part by a Federal Award. The terms and conditions of the Federal
Award flow down to the Subaward unless the terms and conditions of the Federal
Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term
does not include payments to a contractor/grantee or payments to an individual that is
a beneficiary of a Federal program.
2.1.13. "Subrecipient" or "Subgrantee" means a non -Federal Entity (or a Federal agency under
an Award or Subaward to a non -Federal Entity) receiving Federal funds through a
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 Recipient, including program compliance requirements. The
term does not include an individual who is a beneficiary of a federal program.
Subrecipient also means Grantee.
2.1.14. "System for Award Management (SAM)" means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may be
found at http://www.sam.gov.
2.1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive
during the Subrecipient's preceding fiscal year (see 48 CFR 52.204-10, as prescribed
in 48 CFR 4.1403(a)) and includes the following:
2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to the
fiscal year in accordance with the Statement of Financial Accounting Standards No.
123 (Revised 2005) (FAS 123R), Shared Based Payments;
2.1.15.3. Earnings for services under non -equity incentive plans, not including group life,
health, hospitalization or medical reimbursement plans that do not discriminate in
favor of Executives and are available generally to all salaried employees;
Grant Agreement Number: G25-192443
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2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above -market earnings on deferred compensation which is not tax -qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.,
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the Executive exceeds $10,000.00.
2.1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act
of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. "Unique Entity ID" means the Unique Entity ID established by the federal government
for a Grantee or Subrecipient at https://sam.gov/content/home.
2.1.18. "Uniform Guidance" means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise.
3. COMPLIANCE.
3.1. Subrecipient shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and
all applicable Federal Laws and regulations required by this Federal Award. Any revisions
to such provisions or regulations shall automatically become a part of these Federal
Provisions, without the necessity of either party executing any further instrument. The State
of Colorado, at its discretion, may provide written notification to Subrecipient of such
revisions, but such notice shall not be a condition precedent to the effectiveness of such
revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID
REQUIREMENTS.
4.1. SAM. Subrecipient shall maintain the currency of its information in SAM until the
Subrecipient submits the final financial report required under the Award or receives final
payment, whichever is later. Subrecipient shall review and update SAM information at
least annually after the initial registration, and more frequently if required by changes in
its information.
4.2. Unique Entity ID. Subrecipient shall provide its Unique Entity ID to its Recipient, and shall
update Subrecipient's information at http://www.sam.gov at least annually after the initial
registration, and more frequently if required by changes in Subrecipient's information.
5. TOTAL COMPENSATION.
5.1. Subrecipient shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000.00 or more;
and
5.1.2. In the preceding fiscal year, Subrecipient received:
Grant Agreement Number: G25 -I92443
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5.1.2.1. 80% or more of its annual gross revenues from Federal procurement
contracts/grants and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000.00 or more in annual gross revenues from Federal procurement
contracts/grants and subcontracts and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.3. The public does not have access to information about the compensation of such
Executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Ad of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the
Internal Revenue Code of 1986.
6. REPORTING.
6.1. Pursuant to the Transparency Act, Subrecipient shall report data elements to SAM and to
the Recipient as required in this Exhibit. No direct payment shall be made to Subrecipient
for providing any reports required under these Federal Provisions and the cost of producing
such reports shall be included in the Grant price. The reporting requirements in this Exhibit
are based on guidance from the OMB, and as such are subject to change at any time by
OMB. Any such changes shall be automatically incorporated into this Grant and shall
become part of Subrecipient's obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $30,000.00 or more. If the initial Award is below $30,000.00 but subsequent
Award modifications result in a total Award of $30,000.00 or more, the Award is subject
to the reporting requirements as of the date the Award exceeds $30,000.00. If the initial
Award is $30,000.00 or more, but funding is subsequently de -obligated such that the total
award amount falls below $30,000.00, the Award shall continue to be subject to the
reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Recipient
as of December 26, 2015. The standards set forth in §11 below are applicable to audits of
fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Subrecipient shall report as set forth below.
8.1.1. 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 Recipient no later than the end of the month following the month in which
the Subaward was made:
8.1.1.1. Subrecipient Unique Entity ID;
8.1.1.2. Subrecipient Unique Entity ID if more than one electronic funds transfer (EFT)
account;
8.1.1.3. Subrecipient parent's organization Unique Entity ID;
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8.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District;
8.1.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above
are met; and
8.1.1.6. Subrecipient's Total Compensation of top 5 most highly compensated Executives
if the criteria in §4 above met.
8.1.2. To Recipient. A Subrecipient shall report to its Recipient, upon the effective date of the
Grant, the following data elements:
8.1.2.1. Subrecipient's Unique Entity ID as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable regulations,
provided that the procurements conform to applicable Federal law and the standards
identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through
200.327 thereof
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent
consistent with law, the non -Federal entity should, to the greatest extent practicable under
a Federal award, provide a preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States (including but not limited to iron,
aluminum, steel, cement, and other manufactured products). The requirements of this
section must be included in all subawards including all contracts/grants and purchase
orders for work or products under this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of
a political subdivision of the State, its contractors/grantees 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 $10,000.00
or the value of the quantity acquired during the preceding fiscal year exceeded $10,000.00;
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.
9.4. 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 $50,000.00 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.
Grant Agreement Number: G25-192443
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9.5. Prohibition on certain telecommunications and video surveillance services or equipment (2
CFR 200.216). Subrecipient 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.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Recipient and its auditors to have access to Subrecipient's
records and financial statements as necessary for Recipient to meet the requirements of 2
CFR 200.332 (Requirements for pass -through entities), 2 CFR 200.300 (Statutory and
national policy requirements) through 2 CFR 200.309 (Period of performance), and
Subpart F -Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000.00 or more in Federal Awards during the
Subrecipient's fiscal year, the Subrecipient shall procure or arrange for a single or program -
specific audit conducted for that year in accordance with the provisions of Subpart F -Audit
Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act
Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a
program -specific audit conducted in accordance with 2 CFR 200.507 (Program -
specific audits). The Subrecipient may elect to have a program -specific audit if
Subrecipient expends Federal Awards under only one Federal program (excluding
research and development) and the Federal program's statutes, regulations, or the terms
and conditions of the Federal award do not require a financial statement audit of
Recipient. A program -specific audit may not be elected for research and development
unless all of the Federal Awards expended were received from Recipient and Recipient
approves in advance a program -specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000.00 in Federal Awards during
its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for
that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but
records shall be available for review or audit by appropriate officials of the Federal
agency, the State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is
properly performed and submitted when due in accordance with the Uniform Guidance.
Subrecipient shall prepare appropriate financial statements, including the schedule of
expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial
statements) and provide the auditor with access to personnel, accounts, books, records,
supporting documentation, and other information as needed for the auditor to perform
the audit required by Uniform Guidance Subpart F -Audit Requirements.
12. REQUIRED PROVISIONS FOR SUBRECEPIENT WITH SUBCONTRACTORS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Recipient,
Subrecipients shall include all of the following applicable provisions;
Grant Agreement Number: G25-192443 Page 6 of 8 Exhibit B, Federal Provisions
Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090
12.1.1. For agreements with Subrecipients — Include the terms in the Grant Federal Provisions
Exhibit (this exhibit)
12.1.2. For contracts with Subcontractors — Include the terms in the Contract Federal
Provisions Exhibit.
13. CERTIFICATIONS.
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to
submit certifications and representations required by Federal statutes or regulations on an
annual basis. 2 CFR 200.208. Submission may be required more frequently if Subrecipient
fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the
State at the end of the Award that the project or activity was completed or the level of effort
was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried
out, the amount of the Award must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate
in his or her name.
14.2. A Subrecipient with gross income from all sources of less than $300,000.00 in the previous
tax year is exempt from the requirements to report Subawards and the Total Compensation
of its most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under
the Grant and the State of Colorado may terminate the Grant upon 30 days prior written
notice if the default remains uncured five calendar days following the termination of the
30 -day notice period. This remedy will be in addition to any other remedy available to the
State of Colorado under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part
as follows:
15.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non -Federal Entity fails
to comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass -through Entity, to the greatest extent
authorized by law, if an award no longer effectuates the program goals or agency
priorities;
15.2.3. By the Federal awarding agency or Pass -through Entity with the consent of the Non -
Federal Entity, in which case the two parties must agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion to be terminated;
Grant Agreement Number: G25-192443
Page 7 of 8 Exhibit B, Federal Provisions
Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090
15.2.4. By the Non -Federal Entity upon sending to the Federal Awarding Agency or Pass -
through Entity written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal Awarding Agency or Pass -through Entity determines in the
case of partial termination that the reduced or modified portion of the Federal Award
or Subaward will not accomplish the purposes for which the Federal Award was made,
the Federal Awarding Agency or Pass -through Entity may terminate the Federal Award
in its entirety; or
15.2.5. By the Federal Awarding Agency or Pass -through Entity pursuant to termination
provisions included in the Federal Award.
Grant Agreement Number: G25-192443 Page 8 of 8 Exhibit B, Federal Provisions
Contract Form
Entity Information
Entity Name"
COLORADO DEPT OF HEALTH
CARE POLICY & FINANCING
Entity ID*
@00007174
Contract Name"
HCPF FY 2024-25 COUNTY GRANT PROGRAM
INTERGOVERNMENTAL AGREEMENT
Contract Status
CTB REVIEW
Contract ID
8520
Contract Lead *
SADAMS
❑ New Entity?
Parent Contract ID
20241533
Requires Board Approval
YES
Contract Lead Email Department Project #
sadams@weld.gov;cobbx
xlk@weld.gov
Contract Description*
INTERGOVERNMENTAL AGREEMENT FOR THE GRANT AWARD RECEIVED FROM THE APPLICATION THAT WAS
SUBMITTED IN JUNE. NO SIGNATURE FROM THE BOARD IS REQUIRED.
Contract Description 2
PA ROUTING THROUGH THE NORMAL PROCESS. ETA TO CTB IS 7/23/2024
Contract Type * Department
AGREEMENT HUMAN SERVICES
Amount*
$107,552.55
Renewable *
NO
Automatic Renewal
Grant
IGA
Department Email
CM-
HumanServices@weldgov.
com
Department Head Email
CM-HumanServices-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Requested BOCC Agenda
Date
07/31/2024
Due Date
07/27/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
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
Review Date
04/30/2025
Committed Delivery Date
Renewal Date
Expiration Date*
06/30/2025
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
07/24/2024 07/26/2024 07/26/2024
Final Approval
BOCC Approved Tyler Ref*
AG 073124
BOCC Signed Date Originator
SADAMS
BOCC Agenda Date
07/31/2024
Hello