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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 k, (('1O4. Mik Freeman ott K. James on Saine cc:I4SD, AcT(cP/co) s/2.7/24 2024-2043 HR0096 Cbh-ivac+11N4a5Z.O 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 Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090 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 Grant Number: G25-192443 Page 6 of 11 Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090 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 Grant Number: G25-192443 Page 7 of 11 Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090 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. Grant Number: G25-192443 Page 8 of 11 Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090 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. Grant Number: G25-192443 Page 9 of 11 Docusign Envelope ID: O772F964-8451-472C-81A4-8BDA25575090 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. Grant Number: G25-192443 Page 10 of 11 Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090 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. Grant Number: G25-192443 Page 11 of 11 Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090 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 Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090 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 Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090 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 Page 2 of 8 Exhibit B, Federal Provisions Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090 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 Page 3 of 8 Exhibit B, Federal Provisions Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090 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; Grant Agreement Number: G25-192443 Page 4 of 8 Exhibit B, Federal Provisions Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090 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 Page 5 of 8 Exhibit B, Federal Provisions Docusign Envelope ID: A772F964-8451-472C-81A4-8BDA25575090 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