HomeMy WebLinkAbout20251395.tiffResolution
Approve Contract for Older Americans Act (OAA) and Older Coloradoans Act (OCA)
Program Services for Home and Community Support Area Agency on Aging (AAA),
and Authorize the Chair to Sign
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with a Contract for the Older Americans Act
(OAA) and the Older Coloradoans Act (OCA) Program Services for the Home and
Community Support Area Agency on Aging (AAA) 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 Human Services,
Division of Financial Services Contracts and Procurement, Office of Aging, Adult and
Disability Services, commencing upon full execution of signatures, and ending June 30,
2026, with further terms and conditions being as stated in said contract, and
Whereas, after review, the Board deems it advisable to approve said contract, a copy of
which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Contract for the OlderAmericans Act (OAA) and the Older Coloradoans
Act (OCA) Program Services for the Home and Community Support Area Agency on
Aging (AAA) 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 Human Services, Division of Financial
Services Contracts and Procurement, Office of Aging, Adult and Disability Services, be,
and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said contract.
cc: FiS D
06/05/25
2025-1395
HR0097
Contract for Older Americans Act (OAA) and Older Coloradoans Act (OCA) Program
Services for Home and Community Support Area Agency on Aging (AAA)
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 21st day of May, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-1395
HR0097
Con-h(aC+itilR3c
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: State of Colorado Department of Human Services Office of
Aging, Adult & Disability Services Contract for Older Americans Act (CAA)
and Older Coloradans' Act Funding.
DEPARTMENT: Human Services DATE: May 6, 2025
PERSON REQUESTING: Jamie Ulrich, Director, Human Services
Brief description of the problem/issue: The Weld County Home and Community Support's Area
Agency on Aging (AAA) division receives funding annually from the Colorado Department of Human
Services (CDHS) Office of Aging, Adult & Disability Services through the Older Americans Act (OAA)
and Coloradoans' Act. This funding provides services for the older adults within Weld County that
include transportation, in -home services, legal assistance, congregate meals and home delivered
meals, disease prevention and health promotion through evidence -based programs, caregiver
services, ombudsman services, and elder abuse prevention.
The Department is requesting the Board's approval of the SFY 2026 contract for the period of July 1,
2025 through June 30, 2026.
This contract has been reviewed and approved by Legal (B. Howell).
What options exist for the Board?
Approval of the CDHS OAA contract.
Deny approval of CDHS OAA contract.
Consequences: WCDHS will not have a contract with CDHS.
Impacts: WCDHS AAA Division will not be able to provide needed services to the older
adults within Weld County.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• Total Contract Amount = $2,270,288.00
• Funded through Older Americans Act and Coloradoans' Act
• Term: July 1, 2025 through June 30, 2026
Pass -Around Memorandum; May 6, 2025 - CMS ID 9397
2025-1395
5/ZI
H12009-7
Recommendation:
• Approval of this Contract and authorize the Chair to sign electronically.
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
Support Recommendation
Place on BOCC Agenda
-_,P4
d()
Pass -Around Memorandum; May 6, 2025 - CMS ID 9397
Schedule
Work Session Other/Comments:
v.4.11
4O[COLORADO
1 Financial Services
! 0.pan , M Murton Senz7r
State of Colorado
Department of Human Services Contract
Signature and Cover Pages
CMS #: 26 IHEA 197073
State Agency
Colorado Department of Human Services
Office of Aging, Adult Et Disability Services
Division of Aging and Adult Protective Services
Contract Maximum Amount
Initial Term
State Fiscal Year 2026
Maximum Amount for
All Fiscal Years
$2,270,288.00
$2,270,288.00
Pricing/Funding
Price Structure: Cost Reimbursement
Contractor shall invoice: Monthly
Fund Source: Older Americans Act (P.L. 89-73,
as amended); State Funding for Senior
Services (State Long Bill)
eClearance#: 2503074
Contractor
Weld County, Colorado
Weld County Department of Human Services
Weld County Area Agency on Aging
Contractor's State of Incorporation: Colorado
Contract Performance Beginning Date
07/01/2025
Initial Contract Expiration Date
06/30/2026
Except as stated in §2.D, the total duration of
this Contract, including the exercise of any
options to extend, shall not exceed Five Years
from its Performance Beginning Date.
Options
The State shall have the following options if
indicated with "Yes," as further described in
§2.C and §5.B.v:
Option to Extend Term per §2.C: Yes
Option to Increase or Decrease Maximum
Amount per §5.B.v: Yes
Page 1 of 3
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Financial Services
Insurance
Contractor shall maintain the following
insurance if indicated with "Yes," as further
described in S10:
Worker's Compensation: Yes
General Liability: Yes
Automobile Liability: Yes
Protected Information: Yes
Professional Liability Insurance: Yes
Cyber/Net. Security -Privacy Liability
Insurance: Yes
Crime Insurance: No
State Representative
Erin Wester, Office Director
Office of Aging, Adult a Disability Services
Colorado Department of Human Services
1575 Sherman St.
Denver, CO 80203
303.866.2800
erin.wester@state.co.us
Miscellaneous
Authority to enter into this Contract exists in:
CRS S 26-1-111
Law -Specified Vendor Statutes:
CRS S 26-1-111; Older Americans Act (P. L. 89-
73); Older Coloradans' Act (CRS § 16-11-100.1
et seq. )
Procurement Method: Law Specified
Solicitation Number: N/A
Contractor Representative
Jamie Ulrich, Director
Weld County Department of Human Services
P.O. Box 1850
315 C. N. 11th Ave.
Greeley, CO 80631
970.346.6950 ext. 6101
ulrichjj@co.weld.co.us
Exhibits
The following Exhibits are attached and incorporated into this Contract:
Exhibit A: Statement of Work
Exhibit B: Budget
Exhibit C: Supplemental Provisions for Federal Awards
Exhibit D: HIPAA Business Associate Agreement
Contract Purpose
Funds are provided through the Older Americans Act and Older Coloradans' Act for the Area
Agencies on Aging to provide services for older adults within each designated planning and
services area which include counties of the following: Weld. Services include transportation,
in -home services, legal assistance, congregate meals and home delivered meals, disease
prevention and health promotion through evidence -based programs, caregiver services,
ombudsman services, and elder abuse prevention. It is the intent of the parties to fulfill the
mandates of the Older Americans Act and Older Coloradans' Act to develop and implement
comprehensive and coordinated systems to ensure maximum independence and dignity for older
adults. This Contract is managed by the State Unit on Aging.
Signature Page Begins on Next Page
The rest of this page is intentionally left blank.
Page 2 of 3
Docusign Envelope ID: 4201609A-06B4-43A2-947D-A8B6F2F9813A
v.4.11
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The parties hereto have executed this contract
Each person signing this Contract represents and warrants that he or she is duly authorized to
execute this Contract and to bind the Party authorizing his or her signature.
Contractor
Weld County, Colorado
Weld County Department of Human Services
Weld County Area Agency on Aging
,---Signed by:
1 1 bia
By: Perry L. Buck, Chair
Weld County Board of County Commissioners
5/21/2025
Date:
State of Colorado
Jared S. Polis, Governor
Department of Human Services
Michelle Barnes, Executive Director
Signed by:
bbtskr
7007011..96204 10...
By: Erin Wester, Office Director
Office of Aging, Adult Et Disability Services
5/29/2025
Date:
Legal Review
Philip J. Weiser, Attorney General
Sae A++A c k ,d Emn ; l
By: , Assistant Attorney General
Date:
In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below
by the State Controller or an authorized delegate.
State Controller
Robert Jaros, CPA, MBA, JD
FDocuSigned by:
rOvvi Weldianw.6oDD.JDC,.J.J..a.er
By: Telly Belton/Toni Williamson/Amanda Rios
5/30/2025
Effective Date:
-- Signature and Cover Pages End --
Page 3 of 3
2425-1395
Docusign Envelope ID: 4201609A-06B4-43A2-947D-A8B6F2F9813A
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Table of Contents
1. Parties
2. Term and Effective Date 2
3. Definitions 4
4. Statement of Work 7
5. Payments to Contractor 8
6. Reporting - Notification 10
7. Contractor Records 11
8. Confidential Information -State Records 12
9. Conflicts of Interest 15
10. Insurance 15
11. Breach of Contract 19
12. Remedies 19
13. State's Right of Removal 21
14. Dispute Resolution 22
15. Notices and Representatives 22
16. Rights in Work Product and Other Information 23
17. Statewide Contract Management System 24
18. General Provisions 25
19. Colorado Special Provisions (Colorado Fiscal Rule 3-3) 31
20. Department of Human Services Provisions 34
21. Third Party Certification for Access to PII Through a Database or Automated Network 36
22. Federal Provisions 37
1. Parties
This Contract is entered into by and between Contractor named on the Signature and
Cover Pages for this Contract (the "Contractor"), and the STATE OF COLORADO acting by and
through the Department of Human Services (the "State" or "CDHS"). Contractor and the State
agree to the terms and conditions in this Contract.
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2. Term and Effective Date
A. Effective Date
This Contract shall not be valid or enforceable until the Effective Date. The State shall
not be bound by any provision of this Contract before the Effective Date, and shall have no
obligation to pay Contractor for any Work performed or expense incurred before the Effective
Date or after the expiration or sooner termination of this Contract.
B. Initial Term
The Parties' respective performances under this Contract shall commence on the
Contract Performance Beginning Date shown on the Signature and Cover Pages for this
Contract and shall terminate on the Initial Contract Expiration Date shown on the Signature
and Cover Pages for this Contract (the "Initial Term") unless sooner terminated or further
extended in accordance with the terms of this Contract.
C. Extension Terms - State's Option
If the Signature and Cover Pages for this Contract shows that the State has the Option
to Extend Term, then the State, at its discretion, shall have the option to extend the
performance under this Contract beyond the Initial Term for a period, or for successive
periods, at the same rates and under the same terms specified in the Contract (each such
period an "Extension Term"). In order to exercise this option, the State shall provide written
notice to Contractor in a form substantially equivalent to 523 "Sample Option Letter." The
State may include and incorporate a revised budget with the option letter, as long as the
revised budget does not unilaterally change rates or terms specified in the Contract. Except
as stated in 52.D, the total duration of this Contract, including the exercise of any options to
extend, shall not exceed 5 years from its Performance Beginning Date, or the number of years
specified on the Signature and Cover Pages if such number is less than 5 years, absent prior
approval from the Chief Procurement Officer in accordance with the Colorado Procurement
Code.
D. End of Term Extension
If this Contract approaches the end of its Initial Term, or any Extension Term then in
place, the State, at its discretion, upon written notice to Contractor as provided in 515, may
unilaterally extend such Initial Term or Extension Term for a period not to exceed 2 months
(an "End of Term Extension" or "Holdover"), regardless of whether additional Extension
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Financial Selvleea----
Terms are available or not. Any such extension shall be under the same terms and conditions
of the operative Contract including, but not limited to, prices, rates, and service delivery
requirements. The provisions of this Contract in effect when such notice is given shall remain
in effect during the End of Term Extension. The End of Term Extension shall automatically
terminate upon execution of a replacement contract or modification extending the total term
of the Contract.
E. Early Termination in the Public Interest
The State is entering into this Contract to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Contract ceases
to further the public interest of the State, the State, in its discretion, may terminate this
Contract in whole or in part. A determination that this Contract should be terminated in the
public interest shall not be equivalent to a State right to terminate for convenience. This
subsection shall not apply to a termination of this Contract by the State for Breach of
Contract by Contractor, which shall be governed by 512.A.i.
i. Method and Content
The State shall notify Contractor of such termination in accordance with 515. The
notice shall specify the effective date of the termination and whether it affects all or a
portion of this Contract, and shall include, to the extent practicable, the public interest
justification for the termination.
H. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Contractor
shall be subject to the rights and obligations set forth in 512.A.i.a.
iii. Payments
If the State terminates this Contract in the public interest, the State shall pay
Contractor an amount equal to the percentage of the total reimbursement payable under this
Contract that corresponds to the percentage of Work satisfactorily completed and accepted,
as determined by the State, less payments previously made. Additionally, if this Contract is
less than 60% completed, as determined by the State, the State may reimburse Contractor for
a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Contract,
incurred by Contractor which are directly attributable to the uncompleted portion of
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financial Sem.:
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Contractor's obligations, provided that the sum of any and all reimbursement shall not
exceed the maximum amount payable to Contractor hereunder.
3. Definitions
The following terms shall be construed and interpreted as follows:
A. "Breach of Contract" means the failure of a Party to perform any of its obligations in
accordance with this Contract, in whole or in part or in a timely or satisfactory
manner. The institution of proceedings under any bankruptcy, insolvency,
reorganization, or similar law, by or against Contractor, or the appointment of a
receiver or similar officer for Contractor or any of its property, which is not vacated or
fully stayed within 30 days after the institution of such proceeding, shall also
constitute a breach. If Contractor is debarred or suspended under § 24-109-105, C.R.S.
at any time during the term of this Contract, then such debarment or suspension shall
constitute a breach.
B. "Business Day" means any day in which the State is open and conducting business,
but shall not include Saturday, Sunday or any day on which the State observes one of
the holidays as listed in § 24-11-101(1) C.R.S.
C. "Chief Procurement Officer" means the individual to whom the Executive Director
has delegated his or her authority pursuant to § 24-102-202, C.R.S. to procure or
supervise the procurement of all supplies and services needed by the State.
D. "CJI" means criminal justice information collected by criminal justice agencies
needed for the performance of their authorized functions, including, without
limitation, all information defined as criminal justice information by the U.S.
Department of Justice, Federal Bureau of Investigation, Criminal Justice Information
Services Security Policy, as amended and all Criminal Justice Records as defined under
24-72-302 C.R.S.
E. "Contract" means this agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and
any future modifications thereto. For purposes of clarification and the removal of any
doubt, subject to any future modifications thereto, the Signature and Cover Pages and
Sections 1 through 21, as identified in the Table of Contents herein above, shall
constitute the "main body" of this Contract exclusively.
F. "Contract Funds" means the funds that have been appropriated, designated,
encumbered, or otherwise made available for payment by the State under this
Contract.
G. "CORA" means the Colorado Open Records Act, § § 24-72-200.1 et. seq., C.R.S.
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H. "Deliverable" means the outcome to be achieved or output to be provided, in the
form of a tangible object or software that is produced as a result of Contractor's Work
that is intended to be delivered to the State by the Contractor.
I. "Effective Date" means the date on which this Contract is approved and signed by the
Colorado State Controller or designee, as shown on the Signature Page for this
Contract. If this Contract is for a Major Information Technology Project, as defined in
§ 24-37.5-102(2.6), then Effective Date of this Contract shall be the later of the date
on which this Contract is approved and signed by the State's Chief Information Officer
or authorized delegate or the date on which this Contract is approved and signed by
the State Controller or authorized delegate, as shown on the Signature and Cover Page
for this Contract.
J. "End of Term Extension" means the time period defined in § 2.D.
K. "Exhibits" means the exhibits and attachments included with this Contract as shown
on the Signature and Cover Pages for this Contract.
L. "Extension Term" means the time period defined in § 2.C.
M. "Goods" means any movable material acquired, produced, or delivered by Contractor
as set forth in this Contract and shall include any movable material acquired,
produced, or delivered by Contractor in connection with the Services.
N. "Incident" means any accidental or deliberate event that results in or constitutes an
imminent threat of the unauthorized access, loss, disclosure, modification, disruption,
or destruction of any communications or information resources of the State, which are
included as part of the Work, as described in § § 24-37.5-401, et. seq., C.R.S.
Incidents include, without limitation, (i) successful attempts to gain unauthorized
access to a State system or State Records regardless of where such information is
located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a
State system for the processing or storage of data; or (iv) changes to State system
hardware, firmware, or software characteristics without the State's knowledge,
instruction, or consent.
O. "Initial Term" means the time period defined in § 2.B.
P. "Party" means the State or Contractor, and "Parties" means both the State and
Contractor.
Q. "PCI" means payment card information including any data related to credit card
holders' names, credit card numbers, or other credit card information as may be
protected by State or federal law.
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I Financial Services
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R. "PHI" means any individually identifiable health information, transmitted or
maintained in electronic or any form or medium, including but not limited to
demographic information„ (i) that relates to the past, present or future physical or
mental condition of an individual; the provision of health care to an individual; or the
past, present or future payment for the provision of health care to an individual; and
(ii) that identifies the individual or with respect to which there is a reasonable basis to
believe the information can be used to identify the individual. PHI includes, but is not
limited to, any information defined as Individually Identifiable Health Information by
the Federal Health Insurance Portability and Accountability Act.
S. "PII" means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to
distinguish or trace an individual's identity, such as name, social security number,
date and place of birth, mother's maiden name, or biometric records; and any other
information that is linked or linkable to an individual, such as medical, educational,
financial, and employment information. PII includes, but is not limited to, all
information defined as personally identifiable information in § 24-72-501 and 24-73-
101, C.R.S. "PII" shall also mean "Personal Identifying Information" as set forth in §
24-74-102, et. seq., C.R.S.
T. "Services" means the services to be performed by Contractor as set forth in this
Contract, and shall include any services to be rendered by Contractor in connection
with the Goods.
U. "State Confidential Information" means any and all State Records not subject to
disclosure under CORA. State Confidential Information shall include, but is not limited
to, PH, PHI, PCI, Tax Information, CJI, Educational Records, Substance Use Disorder
Information, and State personnel records not subject to disclosure under CORA. State
Confidential Information shall not include information or data concerning individuals
that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Contractor which (i) is subject
to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions
at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly
available without breach of any obligation owed by Contractor to the State; (iv) is
disclosed to Contractor, without confidentiality obligations, by a third party who has
the right to disclose such information; or (v) was independently developed without
reliance on any State Confidential Information.
V. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State
Controller pursuant to § 24-30-202(13)(a), C.R.S.
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W. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar
year and ending on June 30 of the following calendar year. If a single calendar year
follows the term, then it means the State Fiscal Year ending in that calendar year.
X. "State Records" means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under
CORA.
Y. "Subcontractor" means any third -parties engaged by Contractor to aid in
performance of the Work.
Z. "Tax Information" means federal and State of Colorado tax information including,
without limitation, federal and State tax returns, return information, and such other
tax -related information as may be protected by federal and State law and regulation.
Tax information includes but is not limited to all information defined as federal tax
information in Internal Revenue Service Publication 1075.
AA. "Work" means the Goods delivered and Services performed pursuant to this Contract.
BB. "Work Product" means the tangible and intangible results of the Work, whether
finished or unfinished, including drafts. Work Product includes, but is not limited to,
documents, text, software (including source code), research, reports, proposals,
specifications, plans, notes, studies, data, images, photographs, negatives, pictures,
drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and
any other results of the Work. "Work Product" does not include any material that was
developed prior to the Effective Date that is used, without modification, in the
performance of the Work.
Any other term used in this Contract that is defined in an Exhibit shall be construed
and interpreted as defined in that Exhibit.
4. Statement of Work
Contractor shall complete the Work as described in this Contract and in accordance
with the provisions of the Exhibits. The State shall have no liability to compensate Contractor
for the delivery of any goods or the performance of any services that are not specifically set
forth in this Contract.
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5. Payments to Contractor
A. Maximum Amount
Payments to Contractor are limited to the unpaid, obligated balance of the Contract
Funds. The State shall not pay Contractor any amount under this Contract that exceeds the
Contract Maximum for that term shown on the Signature and Cover Pages for this Contract.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Contractor in the amounts and in accordance
with the Exhibits.
b. Contractor shall initiate payment requests by invoice to the
State, in a form and manner approved by the State. Invoicing is a
material component of Contract performance and corresponding
Deliverables. Invoices shall be due to the State within 45 days of
work performed by the Contractor, unless otherwise stated in
the Exhibits hereto. Invoicing shall be done accurately and per
any specifications set forth in the Exhibits hereto. Time is of the
essence in this regard. If Contractor fails to timely and/or
properly invoice the State, the State may not be obligated to pay
the bill resulting from said invoice. Failure to timely and/or
properly invoice the State is a material breach of this Contract
which would be cause for the State to refuse payment and/or
terminate the contract on these grounds in whole or in part, at
the State's discretion.
c. The State shall pay each invoice within 45 days following the
State's receipt of that invoice, so long as the amount invoiced
correctly represents Work completed by Contractor and
previously accepted by the State during the term that the
invoice covers. If the State determines that the amount of any
invoice is not correct, then Contractor shall make all changes
necessary to correct that invoice.
d. The acceptance of an invoice shall not constitute acceptance of
any Work performed or deliverables provided under the
Contract.
Hi. Interest
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Amounts not paid by the State within 45 days of the State's acceptance of the invoice
shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per
month, as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that
interest shall not accrue on unpaid amounts that the State disputes in writing. Contractor
shall invoice the State separately for accrued interest on delinquent amounts, and the invoice
shall reference the delinquent payment, the number of day's interest to be paid and the
interest rate.
iii. Payment Disputes
If Contractor disputes any calculation, determination or amount of any payment,
Contractor shall notify the State in writing of its dispute within 30 days following the earlier
to occur of Contractor's receipt of the payment or notification of the determination or
calculation of the payment by the State. The State will review the information presented by
Contractor and may make changes to its determination based on this review. The calculation,
determination or payment amount that results from the State's review shall not be subject to
additional dispute under this subsection. No payment subject to a dispute under this
subsection shall be due until after the State has concluded its review, and the State shall not
pay any interest on any amount during the period it is subject to dispute under this
subsection.
iv. Available Funds -Contingency -Termination
The State is prohibited by law from making commitments beyond the term of the
current State Fiscal Year. Payment to Contractor beyond the current State Fiscal Year is
contingent on the appropriation and continuing availability of Contract Funds in any
subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds
from any other non -State funds constitute all or some of the Contract Funds the State's
obligation to pay Contractor shall be contingent upon such non -State funding continuing to be
made available for payment. Payments to be made pursuant to this Contract shall be made
only from Contract Funds, and the State's liability for such payments shall be limited to the
amount remaining of such Contract Funds. If State, federal or other funds are not
appropriated, or otherwise become unavailable to fund this Contract, the State may, upon
written notice, terminate this Contract, in whole or in part, without incurring further
liability. The State shall, however, remain obligated to pay for Services and Goods that are
delivered and accepted prior to the effective date of notice of termination, and this
termination shall otherwise be treated as if this Contract were terminated in the public
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interest as described in 52.E.
v. Option to Increase Maximum Amount
If the Signature and Cover Pages for this Contract show that the State has the Option
to Increase or Decrease Maximum Amount, then the State, at its discretion, shall have the
option to increase or decrease the statewide quantity of Goods and Services based upon the
rates established in this Contract, and increase or decrease the maximum amount payable
accordingly. In order to exercise this option, the State shall provide written notice to
Contractor in a form substantially equivalent to 523 "Sample Option Letter." Delivery of
Goods and performance of Services shall continue at the same rates and terms as described in
this Contract. The State may include and incorporate a revised budget with the option letter,
as long as the revised budget does not unilaterally change rates or terms specified in the
Contract.
6. Reporting — Notification
A. Quarterly Reports.
In addition to any reports required pursuant to 517 or pursuant to any other Exhibit,
for any contract having a term longer than three months, Contractor shall submit, on a
quarterly basis, a written report specifying progress made for each specified performance
measure and standard in this Contract. Such progress report shall be in accordance with the
procedures developed and prescribed by the State. Progress reports shall be submitted to the
State at the time or times specified by the State in this Contract, or, if no time is specified in
this Contract, not later than five Business Days following the end of each calendar quarter.
B. Litigation Reporting
If Contractor is served with a pleading or other document in connection with an action
before a court or other administrative decision making body, and such pleading or document
relates to this Contract or may affect Contractor's ability to perform its obligations under this
Contract, Contractor shall, within 5 days after being served, notify the State of such action
and deliver copies of such pleading or document to the State's principal representative
identified on the Signature and Cover Pages for this Contract.
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C. Performance Outside the State of Colorado or the United States, § 24-
102-206 C.R.S.
To the extent not previously disclosed in accordance with S24-102-206, C.R.S.,
Contractor shall provide written notice to the State, in accordance with S15 and in a form
designated by the State, within 20 days following the earlier to occur of Contractor's decision
to perform Services outside of the State of Colorado or the United States, or its execution of
an agreement with a Subcontractor to perform, Services outside the State of Colorado or the
United States. Such notice shall specify the type of Services to be performed outside the
State of Colorado or the United States and the reason why it is necessary or advantageous to
perform such Services at such location or locations, and such notice shall be a public record.
Knowing failure by Contractor to provide notice to the State under this section shall
constitute a Breach of Contract. This section shall not apply if the Contract Funds include any
federal funds.
7. Contractor Records
A. Maintenance
Contractor shall maintain a file of all documents, records, communications, notes and
other materials relating to the Work (the "Contractor Records"). Contractor Records shall
include all documents, records, communications, notes and other materials maintained by
Contractor that relate to any Work performed by Subcontractors, and Contractor shall
maintain all records related to the Work performed by Subcontractors required to ensure
proper performance of that Work. Contractor shall maintain Contractor Records until the last
to occur of:
i. the date three years after the date this Contract expires or is terminated,
ii. final payment under this Contract is made,
iii. the resolution of any pending Contract matters, or
iv. if an audit is occurring, or Contractor has received notice that an audit is
pending, the date such audit is completed and its findings have been
resolved (the "Record Retention Period").
B. Inspection
Contractor shall permit the State, the federal government, and any duly authorized
agent of a governmental entity, to audit, inspect, examine, excerpt, copy and transcribe
Contractor Records during the Record Retention Period. Contractor shall make Contractor
Records available during normal business hours at Contractor's office or place of business, or
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at other mutually agreed upon times or locations, upon no fewer than two Business Days'
notice from the State, unless the State determines that a shorter period of notice, or no
notice, is necessary to protect the interests of the State.
C. Monitoring
The State, the federal government, and any other duly authorized agent of a
governmental agency, in its discretion, may monitor Contractor's performance of its
obligations under this Contract using procedures as determined by the State. The State shall
monitor Contractor's performance in a manner that does not unduly interfere with
Contractor's performance of the Work.
D. Final Audit Report
Contractor shall promptly submit to the State a copy of any final audit report of an
audit performed on Contractor's records that relates to or affects this Contract or the Work,
whether the audit is conducted by Contractor or a third party.
8. Confidential Information -State Records
A. Confidentiality
Contractor shall keep confidential, and cause all Subcontractors to keep confidential,
all State Records, unless those State Records are publicly available. Contractor shall not,
without prior written approval of the State, use, publish, copy, disclose to any third party, or
permit the use by any third party of any State Records, except as otherwise stated in this
Contract, permitted by law or approved in writing by the State. Contractor shall provide for
the security of all State Confidential Information in accordance with all policies promulgated
by the Colorado Office of Information Security and all applicable laws, rules, policies,
publications, and guidelines. If Contractor or any of its Subcontractors will or may receive the
following types of data, Contractor or its Subcontractors shall provide for the security of such
data according to the following:
i. the most recently promulgated IRS Publication 1075 for all Tax Information
and in accordance with the Safeguarding Requirements for Federal Tax
Information attached to this Contract as an Exhibit, if applicable,
ii. the most recently updated PCI Data Security Standard from the PCI Security
Standards Council for all PCI,
iii. the most recently issued version of the U.S. Department of Justice, Federal
Bureau of Investigation, Criminal Justice Information Services Security
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Policy for all CJI, and (iv) the federal Health Insurance Portability and
Accountability Act for all PHI and the HIPAA Business Associate Agreement
attached to this Contract, if applicable. Contractor shall immediately
forward any request or demand for State Records to the State's Principal
Representative.
B. Other Entity Access and Nondisclosure Agreements
Contractor may provide State Records to its agents, employees, assigns and
Subcontractors as necessary to perform the Work, but shall restrict access to State
Confidential Information to those agents, employees, assigns and Subcontractors who require
access to perform their obligations under this Contract. Contractor shall ensure all such
agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure
provisions at least as protective as those in this Contract, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has access to
any State Confidential Information. Contractor shall provide copies of those signed
nondisclosure provisions to the State upon execution of the nondisclosure provisions if
requested by the State.
C. Use, Security, and Retention
Contractor shall use, hold and maintain State Confidential Information in compliance
with any and all applicable laws and regulations only in facilities located within the United
States, and shall maintain a secure environment that ensures confidentiality of all State
Confidential Information. Contractor shall provide the State with access, subject to
Contractor's reasonable security requirements, for purposes of inspecting and monitoring
access and use of State Confidential Information and evaluating security control
effectiveness. Upon the expiration or termination of this Contract, Contractor shall return
State Records provided to Contractor or destroy such State Records and certify to the State
that it has done so, as directed by the State. If Contractor is prevented by law or regulation
from returning or destroying State Confidential Information, Contractor warrants it will
guarantee the confidentiality of, and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Contractor becomes aware of any Incident, Contractor shall notify the State
immediately and cooperate with the State regarding recovery, remediation, and the necessity
to involve law enforcement, as determined by the State. Unless Contractor can establish that
Contractor and its Subcontractors are not the cause or source of the Incident, Contractor shall
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be responsible for the cost of notifying each person who may have been impacted by the
Incident. After an Incident, Contractor shall take steps to reduce the risk of incurring a
similar type of Incident in the future as directed by the State, which may include, but is not
limited to, developing and implementing a remediation plan that is approved by the State, at
no additional cost to the State. The State may adjust or direct modifications to this plan in its
sole discretion, and Contractor shall make all modifications as directed by the State. If
Contractor cannot produce its analysis and plan within the allotted time, the State, in its
discretion, may perform such analysis and produce a remediation plan, and Contractor shall
reimburse the State for the actual costs thereof. The State may, in its sole discretion and at
Contractor's sole expense, require Contractor to engage the services of an independent,
qualified, State -approved third party to conduct a security audit. Contractor shall provide
the State with the results of such audit and evidence of Contractor's planned remediation in
response to any negative findings.
E. Data Protection and Handling
Contractor shall ensure that all State Records and Work Product in the possession of
Contractor or any Subcontractors are protected and handled in accordance with the
requirements of this Contract, including the requirements of any Exhibits hereto, at all times.
F. Safeguarding PII
If Contractor or any of its subcontractors will or may receive PII under this
Contract, Contractor shall provide for the security of such PII, in a manner and form
acceptable to the State, including, without limitation, State non -disclosure requirements,
use of appropriate technology, security practices, computer access security, data access
security, data storage encryption, data transmission encryption, security inspections, and
audits. Contractor shall be a "third -party service provider" as defined in S24-73-103(1)(1),
C.R.S. and shall maintain security procedures and practices consistent with SS24-73-101
et seq., C.R.S. in addition, as set forth in S 24-74-102, et. seq., C.R.S., Contractor,
including, but not limited to, Contractor's employees, agents and subcontractors, agrees
not to share any PII with any third parties for the purpose of investigating for,
participating in, cooperating with, or assisting with federal immigration enforcement. If
Contractor is given direct access to any State databases containing PII, Contractor shall
execute, on behalf of itself and its employees, the certification described in Section 21
below on an annual basis Contractor's duty and obligation to certify as set forth in Section
21 below shall continue as long as Contractor has direct access to any State databases
containing PII. If Contractor uses any subcontractors to perform Services requiring direct
access to state databases containing PII, Contractor shall require such subcontractors to
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execute and deliver the certification to the State on an annual basis, so long as the
subcontractor has access to State databases containing PII.
9. Conflicts of Interest
A. Actual Conflicts of Interest
Contractor shall not engage in any business or activities, or maintain any relationships
that conflict in any way with the full performance of the obligations of Contractor under this
Contract. Such a conflict of interest would arise when a Contractor or Subcontractor's
employee, officer or agent were to offer or provide any tangible personal benefit to an
employee of the State, or any member of his or her immediate family or his or her partner,
related to the award of, entry into or management or oversight of Contract.
B. Apparent Conflicts of Interest
Contractor acknowledges that, with respect to this Contract, even the appearance of a
conflict of interest shall be harmful to the State's interests. Absent the State's prior written
approval, Contractor shall refrain from any practices, activities or relationships that
reasonably appear to be in conflict with the full performance of Contractor's obligations
under this Contract.
C. Disclosure To the State
If a conflict or the appearance of a conflict arises, or if Contractor is uncertain
whether a conflict or the appearance of a conflict has arisen, Contractor shall submit to the
State a disclosure statement setting forth the relevant details for the State's consideration.
Failure to promptly submit a disclosure statement or to follow the State's direction in regard
to the actual or apparent conflict constitutes a breach of this Contract.
D. Contractor acknowledges that all state employees are subject to the
ethical principles described in §24-18-105, C.R.S. Contractor further acknowledges
that state employees may be subject to the requirements of §24-18-105, C.R.S. with
regard to this contract.
10. Insurance
Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain
and maintain, insurance as specified in this section at all times during the term of this
Contract to the extent that such insurance policies are required as shown on the Signature
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and Cover Page for this Contract. All insurance policies required by this Contract shall be
issued by insurance companies as approved by the State. These insurance requirements shall
not be construed as caps or limitations on liability.
A. Workers' Compensation
Workers' compensation insurance as required by state statute, and employers' liability
insurance covering all Contractor or Subcontractor employees acting within the course and
scope of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any one fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non -
owned autos) with a minimum limit of $1,000,000 each accident combined single limit.
D. Protected Information
Liability insurance covering all civil, regulatory, and statutory damages, contractual
damages, data breach management exposure, and all loss income or extra expense as a result
of actual or alleged breach, violation or infringement of a right to privacy, consumer data
protection law, confidentiality or other legal protection for personal information as well as
State Confidential Information with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
iii. Notwithstanding sections D(i) and (ii) above, if Contractor has State
Confidential Information for 10 or fewer individuals or revenues of $250,000
or less, Contractor shall maintain limits of not less than $50,000.
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iv. Notwithstanding sections D(i) and (ii) above, if Contractor has State
Confidential Information for 25 or fewer individuals or revenues of $500,000
or less, Contractor shall maintain limits of not less than $100,000.
E. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or
any negligent act with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
F. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
G. Cyber/Network Security and Privacy Liability
Liability insurance covering civil, regulatory, and statutory damages, contractual
damages, data breach management exposure, and any loss of income or extra expense
as a result of actual or alleged breach, violation or infringement of right to privacy,
consumer data protection law, confidentiality or other legal protection for personal
information, as well as State Confidential Information with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
H. Additional Insured
The State shall be named as additional insured on all commercial general liability
policies (leases and construction contracts require additional insured coverage for completed
operations) required of Contractor and Subcontractors.
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I. Primacy of Coverage
Coverage required of Contractor and each Subcontractor shall be primary and
noncontributory over any insurance or self-insurance program carried by Contractor or the
State.
J. Cancellation
The above insurance policies shall include provisions preventing cancellation or non -
renewal, except for cancellation based on non-payment of premiums, without at least 30 days
prior notice to Contractor and Contractor shall forward such notice to the State in accordance
with S15 within seven days of Contractor's receipt of such notice.
K. Subrogation Waiver
All insurance policies secured or maintained by Contractor or its Subcontractors in
relation to this Contract shall include clauses stating that each carrier shall waive all rights of
recovery under subrogation or otherwise against Contractor or the State, its agencies,
institutions, organizations, officers, agents, employees, and volunteers.
L. Public Entities
If Contractor is a "public entity" within the meaning of the Colorado Governmental
Immunity Act, SS24-10-101, et seq., C.R.S. (the "GIA"), Contractor shall maintain, in lieu of
the liability insurance requirements stated above, at all times during the term of this
Contract such liability insurance, by commercial policy or self-insurance, as is necessary to
meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of
the GIA, Contractor shall ensure that the Subcontractor maintains at all times during the
terms of this Contract, in lieu of the liability insurance requirements stated above, such
liability insurance, by commercial policy or self-insurance, as is necessary to meet the
Subcontractor's obligations under the GIA.
M. Certificates
Contractor shall provide to the State certificates evidencing Contractor's insurance
coverage required in this Contract within seven Business Days following the Effective Date.
Contractor shall provide to the State certificates evidencing Subcontractor insurance
coverage required under this Contract within seven Business Days following the Effective
Date, except that, if Contractor's subcontract is not in effect as of the Effective Date,
Contractor shall provide to the State certificates showing Subcontractor insurance coverage
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required under this Contract within seven Business Days following Contractor's execution of
the subcontract. No later than 15 days before the expiration date of Contractor's or any
Subcontractor's coverage, Contractor shall deliver to the State certificates of insurance
evidencing renewals of coverage. At any other time during the term of this Contract, upon
request by the State, Contractor shall, within seven Business Days following the request by
the State, supply to the State evidence satisfactory to the State of compliance with the
provisions of this section.
11. Breach of Contract
In the event of a Breach of Contract, the aggrieved Party shall give written notice of
breach to the other Party. If the notified Party does not cure the Breach of Contract, at its
sole expense, within 30 days after the delivery of written notice, the Party may exercise any
of the remedies as described in 512 for that Party. Notwithstanding any provision of this
Contract to the contrary, the State, in its discretion, need not provide notice or a cure period
and may immediately terminate this Contract in whole or in part or institute any other
remedy in the Contract in order to protect the public interest of the State; or if Contractor is
debarred or suspended under 524-109-105, C.R.S., the State, in its discretion, need not
provide notice or cure period and may terminate this Contract in whole or in part or institute
any other remedy in this Contract as of the date that the debarment or suspension takes
effect.
12. Remedies
A. State's Remedies
If Contractor is in breach under any provision of this Contract and fails to cure such
breach, the State, following the notice and cure period set forth in 511, shall have all of the
remedies listed in this section in addition to all other remedies set forth in this Contract or at
law. The State may exercise any or all of the remedies available to it, in its discretion,
concurrently or consecutively.
i. Termination for Breach of Contract
In the event of Contractor's uncured breach, the State may terminate this entire
Contract or any part of this Contract. Contractor shall continue performance of this Contract
to the extent not terminated, if any.
a. Obligations and Rights
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To the extent specified in any termination notice, Contractor shall not incur further
obligations or render further performance past the effective date of such notice, and shall
terminate outstanding orders and subcontracts with third parties. However, Contractor shall
complete and deliver to the State all Work not cancelled by the termination notice, and may
incur obligations as necessary to do so within this Contract's terms. At the request of the
State, Contractor shall assign to the State all of Contractor's rights, title, and interest in and
to such terminated orders or subcontracts. Upon termination, Contractor shall take timely,
reasonable and necessary action to protect and preserve property in the possession of
Contractor but in which the State has an interest. At the State's request, Contractor shall
return materials owned by the State in Contractor's possession at the time of any
termination. Contractor shall deliver all completed Work Product and all Work Product that
was in the process of completion to the State at the State's request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Contractor for
accepted Work received as of the date of termination. If, after termination by the State, the
State agrees that Contractor was not in breach or that Contractor's action or inaction was
excusable, such termination shall be treated as a termination in the public interest, and the
rights and obligations of the Parties shall be as if this Contract had been terminated in the
public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Contractor shall remain liable
to the State for any damages sustained by the State in connection with any breach by
Contractor, and the State may withhold payment to Contractor for the purpose of mitigating
the State's damages until such time as the exact amount of damages due to the State from
Contractor is determined. The State may withhold any amount that may be due Contractor as
the State deems necessary to protect the State against loss including, without limitation, loss
as a result of outstanding liens and excess costs incurred by the State in procuring from third
parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional
remedies:
a. Suspend Performance
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Suspend Contractor's performance with respect to all or any portion of the Work
pending corrective action as specified by the State without entitling Contractor to an
adjustment in price or cost or an adjustment in the performance schedule. Contractor shall
promptly cease performing Work and incurring costs in accordance with the State's directive,
and the State shall not be liable for costs incurred by Contractor after the suspension of
performance.
b. Withhold Payment
Withhold payment to Contractor until Contractor corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Contractor's actions or
inactions, cannot be performed or if they were performed are reasonably of no value to the
state; provided, that any denial of payment shall be equal to the value of the obligations not
performed.
d. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is
likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property
right, Contractor shall, as approved by the State, (i) secure that right to use such Work for
the State and Contractor; (ii) replace the Work with noninfringing Work or modify the Work so
that it becomes noninfringing; or, (iii) remove any infringing Work and refund the amount
paid for such Work to the State.
B. Contractor's Remedies
If the State is in breach of any provision of this Contract and does not cure such
breach, Contractor, following the notice and cure period in 511 and the dispute resolution
process in 514, shall have all remedies available at law and equity.
13. State's Right of Removal
The State retains the right to demand, at any time, regardless of whether Contractor
is in breach, the immediate removal of any of Contractor's employees, agents, or
subcontractors from the work whom the State, in its sole discretion, deems incompetent,
careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to
this Contract is deemed by the State to be contrary to the public interest or the State's best
interest.
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14. Dispute Resolution
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance
of this Contract which cannot be resolved by the designated Contract representatives shall be
referred in writing to a senior departmental management staff member designated by the
State and a senior manager designated by Contractor for resolution.
B. Resolution of Controversies
If the initial resolution described in S14.A fails to resolve the dispute within 10
Business Days, Contractor shall submit any alleged breach of this Contract by the State to the
Procurement Official of CDHS as described in S24-102-202(3), C.R.S. for resolution in
accordance with the provisions of S24-106-109, C.R.S., and SS24-109-101.1 through 24-109-
505, C.R.S., (the "Resolution Statutes"), except that if Contractor wishes to challenge any
decision rendered by the Procurement Official, Contractor's challenge shall be an appeal to
the Executive Director of the Department of Personnel and Administration, or their delegate,
under the Resolution Statutes before Contractor pursues any further action as permitted by
such statutes. Except as otherwise stated in this Section, all requirements of the Resolution
Statutes shall apply including, without limitation, time limitations.
15. Notices and Representatives
Each individual identified on the Signature and Cover Pages shall be the principal
representative of the designating Party. All notices required or permitted to be given under
this Contract shall be in writing, and shall be delivered (A) by hand with receipt required, (B)
by certified or registered mail to such Party's principal representative at the address set forth
on the Signature and Cover Pages for this Contract or (C) as an email with read receipt
requested to the principal representative at the email address, if any, set forth on the
Signature and Cover Pages for this Contract. If a Party delivers a notice to another through
email and the email is undeliverable, then, unless the Party has been provided with an
alternate email contact, the Party delivering the notice shall deliver the notice by hand with
receipt required or by certified or registered mail to such Party's principal representative at
the address set forth below. Either Party may change its principal representative or principal
representative contact information by notice submitted in accordance with this section
without a formal amendment to this Contract. Unless otherwise provided in this Contract,
notices shall be effective upon delivery of the written notice.
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16. Rights in Work Product and Other Information
A. Work Product
i. Copyrights
To the extent that the Work Product (or any portion of the Work Product) would not
be considered works made for hire under applicable law, Contractor hereby assigns to the
State, the entire right, title, and interest in and to copyrights in all Work Product and all
works based upon, derived from, or incorporating the Work Product; all copyright
applications, registrations, extensions, or renewals relating to all Work Product and all works
based upon, derived from, or incorporating the Work Product; and all moral rights or similar
rights with respect to the Work Product throughout the world. To the extent that Contractor
cannot make any of the assignments required by this section, Contractor hereby grants to the
State a perpetual, irrevocable, royalty -free license to use, modify, copy, publish, display,
perform, transfer, distribute, sell, and create derivative works of the Work Product and all
works based upon, derived from, or incorporating the Work Product by all means and methods
and in any format now known or invented in the future. The State may assign and license its
rights under this license.
ii.
Patents
In addition, Contractor grants to the State (and to recipients of Work Product
distributed by or on behalf of the State) a perpetual, worldwide, no -charge, royalty -free,
irrevocable patent license to make, have made, use, distribute, sell, offer for sale, import,
transfer, and otherwise utilize, operate, modify and propagate the contents of the Work
Product. Such license applies only to those patent claims licensable by Contractor that are
necessarily infringed by the Work Product alone, or by the combination of the Work Product
with anything else used by the State.
iii. Assignments and Assistance
Whether or not Contractor is under contract with the State at the time, Contractor
shall execute applications, assignments, and other documents, and shall render all other
reasonable assistance requested by the State, to enable the State to secure patents,
copyrights, licenses and other intellectual property rights related to the Work Product. To the
extent that Work Product would fall under the definition of "works made for hire" under 17
U.S.C.S. 5101, the Parties intend the Work Product to be a work made for hire. Contractor
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assigns to the State and its successors and assigns, the entire right, title, and interest in and
to all causes of action, either in law or in equity, for past, present, or future infringement of
intellectual property rights related to the Work Product and all works based on, derived from,
or incorporating the Work Product.
B. Exclusive Property of The State
Except to the extent specifically provided elsewhere in this Contract, all State
Records, documents, text, software, (including source code), research, reports, proposals,
specifications, plans, notes, studies, data, images, photographs, negatives, pictures,
drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and
information provided by or on behalf of the State to Contractor are the exclusive property of
the State (collectively, "State Materials"). Contractor shall not use, willingly allow, cause or
permit Work Product or State Materials to be used for any purpose other than the
performance of Contractor's obligations in this Contract without the prior written consent of
the State. Upon termination of this Contract for any reason, Contractor shall provide all
Work Product and State Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Contractor
Contractor retains the exclusive rights, title, and ownership to any and all pre-existing
materials owned or licensed to Contractor including, but not limited to, all pre-existing
software, licensed products, associated source code, machine code, text images, audio
and/or video, and third -party materials, delivered by Contractor under the Contract, whether
incorporated in a Deliverable or necessary to use a Deliverable (collectively, "Contractor
Property"). Contractor Property shall be licensed to the State as set forth in this Contract or a
State approved license agreement:
i. entered into as exhibits to this Contract;
ii. obtained by the State from the applicable third -party vendor; or
iii. in the case of open source software, the license terms set forth in the
applicable open source license agreement.
17. Statewide Contract Management System
If the maximum amount payable to Contractor under this Contract is $100,000 or
greater, either on the Effective Date or at any time thereafter, this section shall apply.
Contractor agrees to be governed by and comply with the provisions of H24-106-103, 24-102-
206, 24-106-106, and 24-106-107, C.R.S. regarding the monitoring of vendor performance and
the reporting of contract performance information in the State's contract management
system ("Contract Management System" or "CMS"). Contractor's performance shall be subject
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to evaluation and review in accordance with the terms and conditions of this Contract,
Colorado statutes governing CMS, and State Fiscal Rules and State Controller Policies.
18. General Provisions
A. Assignment
Contractor's rights and obligations under this Contract are personal and may not be
transferred or assigned without the prior, written consent of the State. Any attempt at
assignment or transfer without such consent shall be void. Any assignment or transfer of
Contractor's rights and obligations approved by the State shall be subject to the provisions of
this Contract.
B. Subcontracts
Unless other restrictions are required elsewhere in this Contract, Contractor shall not
enter into any subcontract in connection with its obligations under this Contract without
providing notice to the State. The State may reject any such subcontract, and Contractor
shall terminate any subcontract that is rejected by the State and shall not allow any
Subcontractor to perform any Work after that Subcontractor's subcontract has been rejected
by the State. Contractor shall submit to the State a copy of each such subcontract upon
request by the State. All subcontracts entered into by Contractor in connection with this
Contract shall comply with all applicable federal and state laws and regulations, shall provide
that they are governed by the laws of the State of Colorado, and shall be subject to all
provisions of this Contract.
C. Binding Effect
Except as otherwise provided in 518.A., all provisions of this Contract, including the
benefits and burdens, shall extend to and be binding upon the Parties' respective successors
and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of
this Contract and the performance of such Party's obligations have been duly authorized.
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E. Captions and References
The captions and headings in this Contract are for convenience of reference only, and
shall not be used to interpret, define, or limit its provisions. All references in this Contract to
sections (whether spelled out or using the S symbol), subsections, exhibits or other
attachments, are references to sections, subsections, exhibits or other attachments contained
herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Contract may be executed in multiple, identical, original counterparts, each of
which shall be deemed to be an original, but all of which, taken together, shall constitute one
and the same agreement.
G. Entire Understanding
This Contract represents the complete integration of all understandings between the
Parties related to the Work, and all prior representations and understandings related to the
Work, oral or written, are merged into this Contract. Prior or contemporaneous additions,
deletions, or other changes to this Contract shall not have any force or effect whatsoever,
unless embodied herein.
H. Digital Signatures
If any signatory signs this Contract using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
I. Modification
Except as otherwise provided in this Contract, any modification to this Contract shall
only be effective if agreed to in a formal amendment to this Contract, properly executed and
approved in accordance with applicable Colorado State law and State Fiscal Rules.
Modifications permitted under this Contract, other than contract amendments, shall conform
to the policies issued by the Colorado State Controller.
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J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Contract to a statute, regulation, State Fiscal Rule, fiscal policy
or other authority shall be interpreted to refer to such authority then current, as may have
been changed or amended since the Effective Date of this Contract.
K. Order of Precedence
In the event of a conflict or inconsistency between this Contract and any Exhibits or
attachments such conflict or inconsistency shall be resolved by reference to the documents in
the following order of priority:
i. HIPAA Business Associate Agreement (if any).
ii. Federal Provisions (if any).
iii. Colorado Special Provisions in §19 of the main body of this Contract.
iv. Information Technology Provisions Exhibit (if any).
v. The provisions of the other sections of the main body of this Contract.
vi. PII Certification (if any)
vii. Any other Exhibit(s) shall take precedence in alphabetical order.
L. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any
provision included in any terms, conditions, or agreements appearing on Contractor's or a
Subcontractor's website or any provision incorporated into any click -through or online
agreements related to the Work unless that provision is specifically referenced in this
Contract.
M. Severability
The invalidity or unenforceability of any provision of this Contract shall not affect the
validity or enforceability of any other provision of this Contract, which shall remain in full
force and effect, provided that the Parties can continue to perform their obligations under
this Contract in accordance with the intent of the Contract.
N. Survival of Certain Contract Terms
Any provision of this Contract that imposes an obligation on a Party after termination
or expiration of the Contract shall survive the termination or expiration of the Contract and
shall be enforceable by the other Party.
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O. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C.,
Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and
from State and local government sales and use taxes under SS39-26-704(1), et seq. C.R.S.
(Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable
for the payment of any excise, sales, or use taxes, regardless of whether any political
subdivision of the state imposes such taxes on Contractor. Contractor shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that
Contractor may wish to have in place in connection with this Contract.
P. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described in S18.A., this
Contract does not and is not intended to confer any rights or remedies upon any person or
entity other than the Parties. Enforcement of this Contract and all rights and obligations
hereunder are reserved solely to the Parties. Any services or benefits which third parties
receive as a result of this Contract are incidental to the Contract, and do not create any
rights for such third parties.
Q. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this
Contract, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall
any single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
R. Cora Disclosure
To the extent not prohibited by federal law, this Contract and the performance
measures and standards required under S24-106-107, C.R.S., if any, are subject to public
release through the CORA.
S. Standard and Manner of Performance
Contractor shall perform its obligations under this Contract in accordance with the
highest standards of care, skill and diligence in Contractor's industry, trade, or profession.
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T. Licenses, Permits, and Other Authorizations.
Contractor shall secure, prior to the Effective Date, and maintain at all times during
the term of this Contract, at its sole expense, all licenses, certifications, permits, and other
authorizations required to perform its obligations under this Contract, and shall ensure that
all employees, agents and Subcontractors secure and maintain at all times during the term of
their employment, agency or subcontract, all licenses, certifications, permits and other
authorizations required to perform their obligations in relation to this Contract.
U. Indemnification
i. Applicability
This entire S18.0 does not apply to Contractor if Contractor is a "public entity" within
the meaning of the GIA.
ii. General Indemnification
Contractor shall indemnify, save, and hold harmless the State, its employees, agents
and assignees (the "Indemnified Parties"), against any and all costs, expenses, claims,
damages, liabilities, court awards and other amounts (including attorneys' fees and related
costs) incurred by any of the Indemnified Parties in relation to any act or omission by
Contractor, or its employees, agents, Subcontractors, or assignees in connection with this
Contract.
ill. Confidential Information Indemnification
Disclosure or use of State Confidential Information by Contractor in violation of S8 may
be cause for legal action by third parties against Contractor, the State, or their respective
agents. Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against
any and all claims, damages, liabilities, losses, costs, expenses (including attorneys' fees and
costs) incurred by the State in relation to any act or omission by Contractor, or its employees,
agents, assigns, or Subcontractors in violation of S8.
iv. Intellectual Property Indemnification
Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against
any and all costs, expenses, claims, damages, liabilities, and other amounts (including
attorneys' fees and costs) incurred by the Indemnified Parties in relation to any claim that
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any Deliverable, Good or Service, software, or Work Product provided by Contractor under
this Contract (collectively, "IP Deliverables"), or the use thereof, infringes a patent,
copyright, trademark, trade secret, or any other intellectual property right. Contractor's
obligations hereunder shall not extend to the combination of any IP Deliverables provided by
Contractor with any other product, system, or method, unless the other product, system, or
method is (a) provided by Contractor or Contractor's subsidiaries or affiliates; (b) specified by
Contractor to work with the IP Deliverables; (c) reasonably required in order to use the IP
Deliverables in its intended manner and the infringement could not have been avoided by
substituting another reasonably available product, system, or method capable of performing
the same function; or (d) is reasonably expected to be used in combination with the IP
Deliverables.
v. Accessibility
a. Contractor shall comply with and the Work Product provided
under this Contract shall be in compliance with all applicable
provisions of §§24-85-101, et seq., C.R.S., and the Accessibility
Standards for Individuals with a Disability, as established by
the Governor's Office of Information Technology (OIT), pursuant
to Section §24-85-103 (2.5), C.R.S. Contractor shall also comply
with all State of Colorado technology standards related to
technology accessibility and with Level AA of the most current
version of the Web Content Accessibility Guidelines (WCAG),
incorporated in the State of Colorado technology standards.
b. The State may require Contractor's compliance to the State's
Accessibility Standards to be determined by a third party
selected by the State to attest to Contractor's Work Product and
software is in compliance with §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability as
established by the Office of Information Technology pursuant to
Section §24-85-103 (2.5), C.R.S.
c. Accessibility Indemnification: Contractor shall indemnify, save,
and hold harmless the state, its employees, agents and assignees
(collectively, the "Indemnified Parties"), against any and all
costs, expenses, claims, damages, liabilities, court awards and
other amounts (including attorneys' fees and related costs)
incurred by any of the Indemnified Parties in relation to
Contractor's failure to comply with §§24-85-101, et seq., C.R.S.,
or the Accessibility Standards for Individuals with a
Disability as established by the Office of Information
Technology pursuant to Section §24-85-103 (2.5), C.R.S.
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V. Other
L Compliance with State and Federal Law, Regulations, & Executive
Orders
Contractor shall comply with all State and, if Federal funding is involved, Federal law,
regulations, executive orders, State and Federal Awarding Agency policies, procedures,
directives, and reporting requirements at all times during the term of this Contract.
19. Colorado Special Provisions (Colorado Fiscal Rule 3-3)
These Special Provisions apply to all contracts except where noted in {grey highlighted
braces}.
A. Statutory Approval. § 24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State
Controller or designee. If this Contract is for a Major Information Technology Project, as
defined in 524-37.5-102(2.6), C.R.S., then this Contract shall not be valid until it has been
approved by the State's Chief Information Officer or designee.
B. Fund Availability. § 24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available.
C. Governmental Immunity.
Liability for claims for injuries to persons or property arising from the negligence of
the State, its departments, boards, commissions committees, bureaus, offices, employees and
officials shall be controlled and limited by the provisions of the Colorado Governmental
Immunity Act, S24-10-101, 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, SS24-30-1501, et seq.
C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
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D. Independent Contractor.
Contractor shall perform its duties hereunder as an independent contractor and not as
an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to
be an agent or employee of the State. Contractor shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding, except as expressly
set forth herein. Contractor and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay for
or otherwise provide such coverage for Contractor or any of its agents or employees.
Contractor shall pay when due all applicable employment taxes and income taxes and local
head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required
by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible
for its acts and those of its employees and agents.
E. Compliance With Law.
Contractor shall strictly comply with all applicable federal and State laws, rules, and
regulations in effect or hereafter established, including, without limitation, laws applicable
to discrimination and unfair employment practices.
F. Choice of Law, Jurisdiction, and Venue.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in
the interpretation, execution, and enforcement of this Contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall
be null and void. All suits or actions related to this Contract shall be filed and proceedings
held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. Prohibited Terms.
Any term included in this Contract that requires the State to indemnify or hold
Contractor harmless; requires the State to agree to binding arbitration; limits Contractor's
liability for damages resulting from death, bodily injury, or damage to tangible property; or
that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract
shall be construed as a waiver of any provision of S24-106-109, C.R.S.
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H. Software Piracy Prohibition.
State or other public funds payable under this Contract shall not be used for the
acquisition, operation, or maintenance of computer software in violation of federal copyright
laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during
the term of this Contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State
determines that Contractor is in violation of this provision, the State may exercise any
remedy available at law or in equity or under this Contract, including, without limitation,
immediate termination of this Contract and any remedy consistent with federal copyright
taws or applicable licensing restrictions.
I. Employee Financial Interest/Conflict of Interest. § § 24-18-201 and 24-
50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any
personal or beneficial interest whatsoever in the service or property described in this
Contract. Contractor has no interest and shall not acquire any interest, direct or indirect,
that would conflict in any manner or degree with the performance of Contractor's services
and Contractor shall not employ any person having such known interests.
J. Vendor Offset and Erroneous Payments. § § 24-30-202(1) and 24-30-
202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to S24-30-202.4(3.5),
C.R.S., the State Controller may withhold payment under the State's vendor offset intercept
system for debts owed to State agencies for:
i. unpaid child support debts or child support arrearages;
ii. unpaid balances of tax, accrued interest, or other charges specified in 5§39-
21-101, et seq., C.R.S.;
iii. unpaid loans due to the Student Loan Division of the Department of Higher
Education;
iv. amounts required to be paid to the Unemployment Compensation Fund; and
v. other unpaid debts owing to the State as a result of final agency
determination or judicial action. The State may also recover, at the State's
discretion, payments made to Contractor in error for any reason, including,
but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Contractor by deduction from subsequent
payments under this Contract, deduction from any payment due under any
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other contracts, grants or agreements between the State and Contractor, or
by any other appropriate method for collecting debts owed to the State.
20. Department of Human Services Provisions
A. Exclusion, Debarment and/or Suspension
Contractor represents and warrants that Contractor, its employees, agents, assigns, or
Subcontractors, are not presently excluded from participation, debarred, suspended,
proposed for debarment, declared ineligible, voluntarily excluded, or otherwise ineligible to
participate in a "federal health care program" as defined in 42 U.S.C. S 1320a-7b(f) or in any
other government payment program by any federal or State of Colorado department or
agency. If Contractor, its employees, agents, assigns, or Subcontractors, are excluded from
participation, or becomes otherwise ineligible to participate in any such program during the
term of this Contract, Contractor shall notify the State in writing within three (3) days after
such event. Upon the occurrence of such event, whether or not such notice is given to
Contractor, the State may immediately terminate this Contract.
B. Emergency Planning
If Contractor provides Work that is an extension of State work performed as part of
the State of Colorado Emergency Operations Plan or for a publicly funded safety net program,
as defined by C.R.S. S 24-33.5-701 et seq., Contractor shall perform the Work in accordance
with the State's Emergency Operations Plan or continuity of operations plan in the event of
an emergency. If requested, Contractor shall provide a plan and reporting information to
ensure compliance with the State's Emergency Operations Plan and C.R.S. S 24-33.5-701 et
seq.
C. Restrictions On Public Benefits
If applicable, Contractor shall comply with C.R.S. SS 24-76.5-101 - 103 exactly as the
State is required to comply with C.R.S. SS 24-76.5-101 - 103.
D. Discrimination
Contractor shall not:
i. discriminate against any person on the basis of gender, race, ethnicity,
religion, national origin, age, sexual orientation, gender identity,
citizenship status, education, disability, socio-economic status, or any
other identity.
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ii. exclude from participation in, or deny benefits to any qualified individual
with a disability, by reason of such disability.
Any person who thinks he/she has been discriminated against as related to the
performance of this Contract has the right to assert a claim, Colorado Civil Rights Division,
C.R.S. S24-34-301, et seq.
E. Criminal Background Check
Pursuant to C.R.S. S27-90-111 and CDHS Policy VI -2.4, any independent contractor,
and its agent(s), who is designated by the Executive Director or the Executive Director's
designee to be a contracting employee under C.R.S. S27-90-111, who has direct contact with
vulnerable persons in a state -operated facility, or who provides state -funded services that
involve direct contact with vulnerable persons in the vulnerable person's home or residence,
shall:
i. submit to and successfully pass a criminal background check, and
ii. report any arrests, charges, or summonses for any disqualifying offense as
specified by C.R.S. S27-90-111 to the State.
Any Contractor or its agent(s), who does not comply with C.R.S. S27-90-111 and CDHS
Policy VI -2.4, may, at the sole discretion of the State, be suspended or terminated.
F. Fraud Policy
Contractor shall comply with the current CDHS Fraud Policy.
G. C-Stat - Performance Based Program Analysis and Management Strategy
(C-Stat Strategy)
Without any additional cost to the State, Contractor shall collect and maintain
Contract performance data, as determined solely by the State. Upon request, Contractor
shall provide the Contract performance data to the State. This provision does not allow the
State to impose unilateral changes to performance requirements.
H. COVID-19 Pandemic
CDHS operates many facilities across the State and with regard to the COVID-19
Pandemic, Contractor may be subject to local or state public health orders, Department
policy, individual facility policy, or any other requirement that could impose additional
requirements on the Contractor. If so, Contractor shall promptly comply upon notice.
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21. Third Party Certification for Access to PII Through a Database or
Automated Network
Pursuant to S 24-74-105, C.R.S, if Contractor is to be granted access to Personal
Identifying Information through a database or automated network that is not publicly
available information, Contractor certifies, and will certify annually, under penalty of perjury
that Contractor has not and will not use or disclose any Personal Identifying Information, as
defined by S 24-74-102(1), C.R.S., for the purpose of investigating for, participating in,
cooperating with, or assisting Federal Immigration Enforcement, including the enforcement of
civil immigration laws, and the Illegal Immigration and Immigrant Responsibility Act, which is
codified at 8 U.S.C. SS 1325 and 1326, unless required to do so to comply with Federal or
State law, or to comply with a court -issued subpoena, warrant or order.
If Contractor's agents, employees, assigns or Subcontractors require certification
pursuant to S 24-74-105, C.R.S., Contractor shall require annually that its agents, employees,
assigns or Subcontractors sign and date the following certifications as applicable, which shall
be made available to the State upon request:
For an individual: Pursuant to 3 24-74-105, C.R.S., I hereby certify under the
penalty of perjury that I have not and will not use or disclose any Personal Identifying
Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for,
participating in, cooperating with, or assisting Federal Immigration Enforcement,
including the enforcement of civil immigration laws, and the Illegal Immigration and
Immigrant Responsibility Act, which is codified at 8 U.S.C. §§ 1325 and 1326, unless
required to do so to comply with Federal or State law, or to comply with a court -
issued subpoena, warrant or order.
For and entity/organization: Pursuant to § 24-74-105, C.R.S., I,
, on behalf of (legal name of entity
/ organization) (the "Organization"), hereby certify under the penalty of perjury that
the Organization has not and will not use or disclose any Personal Identifying
Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for,
participating in, cooperating with, or assisting Federal Immigration Enforcement,
including the enforcement of civil immigration laws, and the Illegal Immigration and
Immigrant Responsibility Act, which is codified at 8 U.S.C. §.4 1325 and 1326, unless
required to do so to comply with Federal or State law, or to comply with a court -
issued subpoena, warrant or order.
I hereby represent and certify that 1 have full legal authority to execute this
certification on behalf of the Organization.
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22. Federal Provisions
A. Applicability of Provisions.
i. This Federal Provisions section shall apply in the event that the Contract is
funded, in whole or in part, with an Award of Federal funds. Contractor
shall confirm with their CDHS Contact for their Contract if this Contract is
funded in whole or in part by federal funds. Where Federal funds are not
used to fund this Contract, then this Federal Provisions section shall not
apply, but remains in this Contract due to the template nature of this
Contract.
ii. If the Contract is funded in whole or in part with Federal funds, and in the
event of a conflict between this Federal Provisions section, the Special
Provisions, the body of the Contract, or any attachments or exhibits made a
part of the Contract, the provisions of this Federal Provisions section shall
control. Exceptions to this are as follows:
a. If the Supplemental Provisions for Federal Awards Exhibit is attached
to this Contract, then in the event of a conflict amongst provisions,
the Supplemental Provisions for Federal Awards exhibit shall control
over the provisions of this Federal Provisions section.
b. If the SLFRF Subrecipient Provisions Exhibit is attached to this
Contract, then in the event of a conflict amongst provisions, the
SLFRF Subrecipient Provisions Exhibit shall control over the
provisions of this Federal Provisions section.
B. Compliance.
i. Contractor shall comply with all applicable provisions of the Transparency
Act (the Federal Funding Accountability and Transparency Act of 2006
[Public Law 109-282], as amended by section 6202 of Public Law 110-252)
all applicable provisions of the Uniform Guidance, and the regulations
issued pursuant thereto, including but not limited to these federal
Provisions. Any revisions to such provisions or regulations shall
automatically become a part of these Federal Provisions, without the
necessity of either party executing any further instrument. The State of
Colorado may provide written notification to Contractor of such revisions,
but such notice shall not be a condition precedent to the effectiveness of
such revisions.
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C. System for Award Management (SAM) and Unique Entity Id Requirements.
i. SAM. Contractor shall maintain the currency of its information in SAM until
the Contractor submits the final financial report required under the Award
or receives final payment, whichever is later. Contractor shall review and
update SAM information at least annually after the initial registration, and
more frequently if required by changes in its information.
ii. Unique Entity ID. Contractor shall provide its Unique Entity ID to its
Recipient, and shall update Contractor's information at
htto://www.sam.Qov at least annually after the initial registration, and
more frequently if required by changes in Contractor's information.
D. Contract Provisions Required by Uniform Guidance Appendix II To Part
200.
i. Contracts for more than the simplified acquisition threshold, which is the
inflation adjusted amount determined by the Civilian Agency Acquisition
Council and the Defense Acquisition Regulations Council (Councils) as
authorized by 41 U.S.C. 1908, must address administrative, contractual, or
legal remedies in instances where contractors violate or breach contract
terms, and provide for such sanctions and penalties as appropriate. The
simplified acquisitions threshold is $250,000
ii. All contracts in excess of $10,000 must address termination for cause
and for convenience by the non -Federal entity including the manner by
which it will be effected and the basis for settlement.
iii. Equal Employment Opportunity. Except as otherwise provided under 41
CFR Part 60, all contracts that meet the definition of "federally assisted
construction contract" in 41 CFR Part 60-1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive
Order 11375, "Amending Executive Order 11246 relating to Equal
Employment Opportunity," and implementing regulations at 41 CFR Part 60,
"Office of federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
iv. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of
$2,000 awarded by non -Federal entities must include a provision for
compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148)
as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction"). In accordance with the statute, contractors
must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors must be required to pay wages
not less than once a week. The non -Federal entity must place a copy of the
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SO
COLORADO
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D�tu o
current prevailing wage determination issued by the Department of Labor in
each solicitation. The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination. The non -
Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for
compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed
in Whole or in Part by Loans or Grants from the United States"). The Act
provides that each contractor or subrecipient must be prohibited from
inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non -Federal
entity must report all suspected or reported violations to the Federal
awarding agency.
v. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Where applicable, all contracts awarded by the non -Federal entity in excess
of $100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute
the wages of every mechanic and laborer on the basis of a standard work
week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and
a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
vi. Rights to Inventions Made Under a Contract or Agreement. If the Federal
award meets the definition of "funding agreement" under 37 CFR § 401.2
(a) and the recipient or subrecipient wishes to enter into a contract with a
small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or
subrecipient must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms Under Government Grants, Contracts and Cooperative Agreements,"
and any implementing regulations issued by the awarding agency.
vii. Clean Air Act (42 U.S.C. 7401-7671q.) and the federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants
of amounts in excess of $150,000 must contain a provision that requires the
non -Federal award to agree to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q)
and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 -
Page 39 of 44
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noCOdidLl. OSe RvAteee
O
Flna D
I aru�mvn� d H�� k�.�
1387). Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
viii. Debarment and Suspension (Executive Orders 12549 and 12689) - A
contract award (see 2 CFR 180.220) must not be made to parties listed on
the government wide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded
by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
ix. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or
bid for an award exceeding $100,000 must file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non -Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the non -Federal award.
x. Prohibition on certain telecommunications and video surveillance
services or equipment S2 CFR 200.216
a. Recipients and sub recipients are prohibited from obligating or
expending loan or grant funds to:
1) Procure or obtain;
2) Extend or renew a contract to procure or obtain; or
3) Enter into a contract (or extend a contract) to procure or obtain
equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as
part of any system. As described in Public Law 115-232, section
889, covered telecommunications equipment is
telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
xi. Contracts with small and minority businesses, women's business
enterprises, and labor surplus area firms. (2 CFR S200.321). The non -
Federal entity must take all necessary affirmative steps to assure that
minority businesses, women's business enterprises, and labor surplus area
firms are used when possible.
xii. Domestic preferences for procurements. (2 CFR S200.322) 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,
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(COLORADO
Financial Senile.
steel, cement, and other manufactured products). The requirements of this
section must be included in all subawards including all contracts and
purchase orders for work or products under this award.
xiii. Procurement of recovered materials. (2 CFR S200.323) A non -Federal
entity that is a state agency or agency of a political subdivision of a state
and its contractors must comply with section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only items designated
in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
E. Termination for Convenience of the Government
i. Pursuant to 54.2 of these Federal Provisions, the State of Colorado may
terminate this contract, in whole or in part, when it is in the Government's
interest. Solicitations and contracts shall include clauses as required by FAR
49.502 (2023). Termination for convenience of the government shall
comply with the following provisions of the Federal Acquisition Regulations:
a. For Fixed Price Contracts: FAR 52.249-2 (2023)
b. For Contracts for Personal Services: FAR 52.249-12 (2023)
c. For Construction Contracts for Dismantling, Demolition, or
Removal of Improvements: FAR 52.249-3 (2023)
d. For Educational and Other Nonprofit Institutions: FAR 52.249-5
(2023)
F. Event of Default.
i. Failure to comply with these Federal Provisions shall constitute an event of
default under the Contract and the State of Colorado may terminate the
Contract upon 30 days prior written notice if the default remains uncured
five calendar days following the termination of the 30 day notice period.
This remedy will be in addition to any other remedy available to the State
of Colorado under the Contract, at law or in equity.
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COLORADO
Financial se:vlces
Depwtment d Human Sewn
Division of Contracts and Procurement
23. Sample Option Letter
SAMPLE OPTION LETTER (If Applicable)
1. State Agency
[Insert Department's or I H E's Full Legal
Name]
2. Contractor
[Insert Contractor's Full Legal Name,
including "Inc.", "LLC", etc...]
3. Current Contract Maximum
Amount
Initial Term
[State Fiscal Year 20xx
$o.00]
Extension Terms
[ State Fiscal Year 20xx
$0.00
State Fiscal Year 20xx
$0.00
State Fiscal Year 20xx
$0.00
State Fiscal Year 20xx
$o.00]
Total for All State Fiscal Years
1. Options:
[$0.00]
Option Letter Number
[Insert the Option Number (e.g. "1" for the first
option)]
4. Original Contract Number
[Insert CMS number or Other Contract Number of
the Original Contract]
5. Option Contract Number
[Insert CMS number or Other Contract Number of
this Option]
Contract Performance Beginning Date
[Month Day, Year]
Current Contract Expiration Date
[Month Day, Year]
O ption to extend for an Extension Term
O ption to change the quantity of Goods under the Contract
O ption to change the quantity of Services under the Contract
O ption to modify Contract rates
O ption to initiate next phase of the Contract
• Required Provisions:
A.
B.
%For use with Option 1(A):
In accordance with Section(s) of the Original
Contract referenced above, the State hereby exercises its option for an additional
term, beginning and ending on the current contract expiration date
shown above, at the rates stated in the Original Contract, as amended.
In accordance with Section(s) [Number] of the
Original Contract referenced above, the State hereby exercises its option to
the quantity of the at the rates stated in
the Original Contract, as amended.
Page 42 of 44
[Insert start date]
%For use with Options 1(B and C):
[Increase/Decrease]
[Number]
[Goods/Services or both]
Acc 11 /12/24
v.4.11
COLORADO
Financial Services
Detauimeri. lerAt
Division of Contracts and Procurement
C. %For use with Option 1(D):% In accordance with Section(s) [Number] of the Original
Contract referenced above, the State hereby exercises its option to modify the
Contract rates specified in [Exhibit/Section] [Number/Letter]. The Contract rates
attached to this Option Letter replace the rates in the Original Contract as of the
Option Effective Date of this Option Letter.
D. %For use with Option 1(E):% In accordance with Section(s) [Number] of the Original
Contract referenced above, the State hereby exercises its option to initiate Phase
[indicate which Phase: 2, 3, 4, etc.,] which shall begin on [Insert start date] and end
on [Insert ending date] at the cost/price specified in Section [Number].
E. %For use with all Options that modify the Contract Maximum Amount: % The
Contract Maximum Amount table on the Contract's Signature and Cover Page is hereby
deleted and replaced with the Current Contract Maximum Amount table shown above.
• OPTION EFFECTIVE DATE:
The effective date of this Option Letter is upon approval of the State Controller [or [
whichever is later].
Sample Only - Do Not Sign
Signature page begins on next page.
Page 43 of 44
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v.4.11
ti‘sor-7-,-, Ito
t
COLORADO
Financial Services
ocaartnY+it at Human Services
Dsvlslon of Contracts and Procurement
STATE OF COLORADO
Jared Polls, Governor
[INSERT -Name of Agency or IHE]
[INSERT -Name & Title of Head of Agency or
IHE]
By: Name a of Title Person Signing for Agency
or IHE
Date:
Sample Only - Do Not Sign
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: Telly Belton /Toni Williamson /Amanda
Rios
Option Effective Date:
In accordance with 524-30-202 C.R.S. , this
Option is not valid until signed and dated
above by the State Controller or an
authorized delegate.
Page 44 of 44
11/12/24
Exhibit A: Statement of Work
Section 1: Executive Summary and Recitals
I. It is the intent of the parties to fulfill the mandates of the Older Americans Act
(OAA) (Public Law 89-73) and the Older Coloradans' Act (OCA) (C.R.S. § 26-11-
100.1 et seq.) to provide Programs that support a high quality of life for older
Coloradans and their families. Therefore, the Colorado Department of Human
Services (the "State" or "CDHS") and the Area Agency on Aging (the "Contractor"
or the "AAA") have entered into this Contract to provide services and programs for
older Coloradans and caregivers ("Eligible Individuals").
II. The following statements describe essential facts that are relied upon in this
Contract. These statements ensure that minimum requirements have been met.
A. The State receives certain Federal and State funds to provide an array of
services to Eligible Individuals in Colorado. The State distributes the funds
to the Contractor, which may be a local government, Nonprofit agency, or
other local entity to deliver services for Older Adults and other Eligible
Individuals in the Planning and Service Area (PSA) served by the Contractor.
B. The State, through the Colorado Department of Human Services, is the
policy -making body for the Older Americans Act (OAA), Older Coloradans'
Act (OCA), and State Funding for Senior Services (SFSS), and for Programs
operated by the Contractor under this contract that receive funding from
the State.
C. The State is authorized by statute to provide the Contractor with direction
on the use of such funds and to enter into contracts that specify how the
Contractor will use these funds to provide services in accordance with OAA
Programs, as described in 12 Colorado Code of Regulations 2510-1 Rule
Manual (Rule Manual Volume 10).
D. The rates shown in Exhibit B: Budget, and in any subsequent revisions to
this exhibit, are determined by the funding process and structure
established in the OAA and OCA. The State, at its discretion, shall have the
option to increase or decrease the rates shown in Exhibit B under these
established processes to account for additional OAA funds, OCA funds,
State Funding for Senior Services (SFSS), or other funds intended for
distribution to the Area Agencies on Aging. In order to exercise this option,
the State shall provide written notice to the Contractor in a form
substantially equivalent to § 23, SAMPLE OPTION LETTER, of the Original
Contract and any new rates table or exhibit shall be effective as of the
effective date of that notice unless the notice provides for a different date.
E. The Contractor is accountable to the State for using funds obtained through
this Contract appropriately in the delivery of services for Older Adults and
other Eligible Individuals, and for complying with applicable State and
Federal laws, policies, audit requirements, contract requirements and
directives.
F. The State is authorized by statute to monitor the Contractor's use and
management of these funds; to oversee its governance of the human
services Programs in the Contractor's assigned PSA; and to review the
Contractor's compliance with State and Federal law, policies, audit
requirements, contract requirements, and directives.
G. The State Monitoring of the Contractor shall be conducted annually. The
Monitoring shall be determined in coordination with the Contractor and the
State. The State will determine if the Monitoring is conducted on -site or by
a desk Evaluation. If there are compliance findings, the Contractor shall
complete and submit to the State a written response requiring an action
plan and timeline to ensure compliance.
H. In accordance with the current plan objectives cited in the Colorado State
Plan on Aging regarding Monitoring performance of contracted Area
Agencies on Aging, the State will, at a minimum, perform Evaluations to
ensure reporting compliance by reviewing programmatic and financial
performance and communicating deficiencies to the Contractor as needed.
I. The State may refuse to contract with, and may take legal action against,
the Contractor that breaches its contract with the State or fails to use or
expend contract funds in accordance with applicable laws, policies, and
directives.
J. State fiscal rules require that the Contractor shall have a fully executed
contract prior to delivery of services.
III. Titles III and VII of the OAA provide grants for State and community -based
Programs to foster the development and implementation of a Comprehensive and
Coordinated Service Delivery System to serve Eligible Individuals in their
communities. Specifically, the OAA authorizes states to contract with Area
Agencies on Aging to provide an array of community services, as approved by the
State. These services may include, but are not limited to:
A. Elder Abuse Prevention services, including: Long -Term Care Ombudsman
Program (LTCOP) and Legal Assistance Services;
2
B. Supportive Services, which are enumerated in Section 321(a) of the OAA,
and which include but are not limited to: Information and Assistance, Case
Management, Assisted Transportation, Outreach, Transportation, Adult Day
Care, Chore, Homemaker, and Personal Care;
C. Nutrition Services such as Congregate Meals, Home Delivered Meals,
Nutrition Counseling, Nutrition Education, and Nutrition Screening;
D. Evidence -Based Disease Prevention and Health Promotion Programs; and
E. Caregiver support services such as Respite, Counseling, and Training
Programs.
3
Section 2: Documents Incorporated by Reference
I. In addition to the "Compliance with State and Federal Law, Regulations, &
Executive Orders" requirements described in Paragraph 18(V)(i) of this Contract's
Terms and Conditions, the Contractor and its agent(s) shall adhere to the following
as they currently exist and may be amended:
A. Older Americans Act (Public Law 89-73);
B. Code of Federal Regulations (CFR), Title 45 Public Welfare, Parts 1321,
1322, and 1324;
C. Older Coloradans' Act, C.R.S. § 26-11-100.1 et seq.;
D. C.R.S. Titles 25: Health Code and 26: Human Services Code;
E. Colorado Long -Term Care Ombudsman Act, C.R.S. § 26-11.5-101 et seq.;
F. Colorado Long -Term Care Ombudsman Program Policies and Procedures
(LTCOP Policies and Procedures);
G. 12 Colorado Code of Regulations 2510-1 (Rule Manual Volume 10);
H. C.R.S. § 26-11-210: Adequacy Review - Appropriation for Senior Services -
Report;
I. Colorado Retail Food Establishment Regulations, 6 Colorado Code of
Regulations 1010-2;
J. Dietary Guidelines for Americans published by the Secretary of Health and
Human Services and the Secretary of Agriculture;
K. Dietary Reference Intakes (DRIs) as established by the Food and Nutrition
Board of the Institute of Medicine of the National Academy of Sciences,
Engineering, and Medicine;
L. Colorado State Plan on Aging;
M. State Unit on Aging Policy and Procedures Manual (SUA Policy &
Procedures);
N. State Unit on Aging Policy Directives, Information Memos, and Operation
Memos (SUA Memos);
O. SUDS Service Definitions and Reporting Requirements Guide;
P. 48 CFR Chapter 1, Subchapter A, Part 3, Subpart 3.9: Whistleblower
Protection for Contractor Employees;
Q. Generally Accepted Accounting Principles (GAAP), as established and
updated by the Financial Accounting Standards Board;
R. 2 CFR Part 200: Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards; and
S. Statute Governing CAPS Checks at C.R.S. § 26-3.1-111; and Employer CAPS
Checks Regulations at 12 CCR 2518-1, Volume 30.960
4
Section 3: Requirements and Services
I. General Requirements
A. Compliance with Law: the Contractor shall comply with Federal, State, and
local laws, rules, regulations, standards, and contractual requirements
applicable to providing the contracted service(s).
B. Contractor Policies & Procedures: the Contractor shall, in compliance with
§ 1321.59 of the Code of Federal Regulations, develop and implement
policies and procedures for monitoring the programmatic and fiscal
performance of its programs and direct service providers for quality and
effectiveness.
C. Compliance with Service Standards: the Contractor shall comply with
applicable Program policies and standards included in this Contract.
Services shall be implemented according to these standards, unless the
State has granted a written waiver of compliance. Proposals for any waivers
must be identified in the Area Agency on Aging Funding Request if
applicable. Otherwise, written requests for waivers must be sent to the
appropriate State representative.
D. Service Eligibility: Eligibility for services is controlled by laws and
regulations relating to the OAA and OCA. The Contractor must comply with
eligibility criteria. A Means Test may not be used to determine eligibility for
OAA and OCA services. Service may not be denied to an Eligible Individual
based on their unwillingness or inability to contribute toward the cost of the
service. Eligibility is determined through Assessment of potential Program
participants and Reassessments of Eligible Individuals according to
Federal and State regulations. If the Assessment or Reassessment reveals
that the Eligible Individual needs additional services, referrals to
appropriate agencies shall be made.
E. Target Populations: Contracting organizations must seek to prioritize
delivery of services to Eligible Individuals defined in 45 CFR § 1321.3 as
those with Greatest Economic Need and those with Greatest Social Need
and as further defined by the State.
F. Service Coordination: The Contractor shall show demonstrable efforts are
being made with other aging service providers within the geographic
service area to ensure that a comprehensive, coordinated system of
services are available to older people. The Contractor shall document these
Coordination efforts.
5
G. Involvement of Older Persons: the Contractor shall involve older persons,
including program participants, in decisions relative to service design,
delivery, and ongoing quality improvement processes.
H. Volunteers: If the Contractor uses volunteers to provide services, it shall
document how volunteers will be used in the Program(s) including, but not
limited to, the use of time sheets and job descriptions.
I. Evaluation: The Contractor shall implement a quality improvement process,
which includes, at a minimum, Monitoring of service quality and participant
satisfaction. The method of receiving input on the quality of service must
be documented and utilized on a regular basis. Examples include site
councils, project councils, forums, satisfaction surveys, telephone
interviews, and visits.
J. Accounting System Requirements: The Contractor shall establish and
maintain an accounting system that adequately identifies each revenue
source and the application of funds. The accounting records shall contain
information pertaining to projects, contracts or sub -awards, authorizations,
obligations, unobligated balances, assets, liabilities, outlays, expenditures
and revenue. Each funding source shall bear only reasonable and allowable
costs. Transactions and other significant events shall be clearly
documented. The documentation is to be readily available for examination
by persons authorized by the State. The Contractor shall establish and
maintain adequate Internal Control systems and standards that apply to the
operation of the organization.
K. Audit Requirements: This contract is funded with Federal and State funds.
The Contractor is considered an independent contractor, subject to audit
requirements under 2 CFR Part 200.
L. Match Requirements: The Older Americans Act, Title III and Title VII service
Programs are federally funded Programs and require a minimum in non -
Federal cash funds and/or In -Kind Match for each Program. The OAA has
established the following funding ratios to govern the degree of Federal
participation in costs of services or projects funded:
1. Federal Admin: 25% Local Match (1/3 of the total allocation)
2. Parts B, C-1, and C-2: 10% Local Match (1/9 of the total allocation)
3. Part E: 25% Local Match (1/3 of the total allocation)
Unless otherwise specified by the State, to comply with federal
Maintenance of Effort requirements in Sections 306(a)(9), 307(a)(9), and
705(a)(4) of the OAA, Contractor shall provide 25% Local Match (1/3 of the
total allocation) for Title VII programs.
6
M. Cash Advance: The SUA may provide cash advances to the Contractor for
cash flow purposes during the reimbursement period. Cash advances
distributed from specific federal funding parts shall be used to pay for
services funded through the specific federal funding part related to the
advance and not used as an advance for other funding streams. The
Contractor shall submit monthly documentation to the State for review to
ensure federal cash advances are appropriately disbursed on a monthly
basis.
N. Indirect Rate: the Contractor has the option to use an indirect rate to
calculate its administrative or programmatic expenses, rather than directly
calculating expenses. The indirect rate must be approved in writing by the
State. The agreed -upon indirect rate is listed in Exhibit C: Supplemental
Provisions for Federal Awards. The Contractor may not apply an indirect
rate that will result in it exceeding its Federal and State funds allocation. If
the Contractor seeks to use an indirect rate that is different from the rate
listed in Exhibit C, it may do so only after receiving written approval from
the State. The Contractor must disclose its methodology in calculating its
indirect rate upon request by the State.
O. Reimbursement Method: the Contractor shall request reimbursement from
the State for Programs provided and other approved activities according to
its approved Funding Request using the State Approved Financial System
and according to the State's established due dates. Monthly service units
in the State Approved Data System are required to justify the payment or
reimbursement of funds. The State may not approve reimbursement
requests when there are discrepancies between the State Approved Data
System and State Approved Financial System. Requests for reimbursement
for Program activities must be submitted within State -prescribed
reimbursement request timelines.
P. Recovery of Improper Payments: The Contractor shall notify the State
immediately if they believe they have received an overpayment or other
erroneous or improper payment. The Contractor is required to comply with
the State's instructions on how to rectify the overpayment, erroneous
payment, or improper payment. If the Contractor fails to comply with the
State's instructions, the State may withhold payment to the Contractor until
the Contractor complies with the State's instructions. The Contractor must
correct any erroneous or improper payment within 60 days of written
demand by the State unless otherwise specified by the State.
Q. Fund Availability: Financial obligations of a governmental entity Contractor
payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted and otherwise made
available. Execution of this Contract by a governmental entity Contractor
does not create an obligation on the part of governmental entity Contractor
to expend funds not otherwise appropriated in each succeeding year.
R. Payer of Last Resort: OAA/OCA funds shall not be used to pay for available
services provided through other Federal or State programs for which the
Eligible Individual is eligible or is receiving.
S. Subcontractor Insurance: Per § 10 of this Contract's Terms and Conditions,
the Contractor shall ensure that Subcontractors obtain and maintain
insurance policies as specified in this Contract. Subcontractors must either
fulfill this requirement directly through obtaining insurance policies that
cover their activities, or this requirement may be satisfied when
Subcontractor's activities are covered by the Contractor's insurance
policies. The Contractor must submit proof of such coverage to the State
upon request. The Contractor may seek exceptions to this requirement
from the State if the required insurance policies are not applicable to the
Subcontractor or if the Contractor can provide another reasonable
justification for exception to this requirement. All requested exceptions
must be approved in writing by the State.
II. Program Requirements
A. The Contractor shall:
1. Establish and maintain a Comprehensive and Coordinated Service
Delivery System for the provision of services including supportive,
nutrition, evidence -based disease prevention and health promotion,
information, caregiver, and advocacy services to Eligible Individuals
in accordance with the Older Americans Act, Older Coloradans' Act,
Rule Manual Volume 10, SUA Policy & Procedures, LTCOP Policies
and Procedures, SUA Memos, and the approved Colorado State Plan
on Aging.
2. Annually complete the State prescribed Subcontractor approval
process prior to delivery of any service by a Subcontractor in a new
fiscal year, and, if requested by the State, submit the subcontract for
review and approval prior to execution. A new contract with a Local
Ombudsman Entity (LOE) must be submitted to the State
Ombudsman for approval prior to execution.
3. Follow the LTCOP process as described in the LTCOP Policies and
Procedures for LOE designation when the Contractor seeks to use a
subcontractor as the LOE.
8
4. Not use funds made available under the OAA/OCA for lobbying
activities, as described at C.R.S. § 24-6-301 and 2 CFR § 200.450,
including, but not limited to activities intended to influence decision
or activity by non judicial Federal, State or local officials or body.
5. Provide leadership and advocacy for Eligible Individuals residing
within the PSA, including monitoring and evaluating factors and
issues affecting Eligible Individuals within the PSA;
6. Evaluate the costs/benefits, quality, accessibility, utilization, priority,
targeting, and overall effectiveness of Programs, services, and
activities which the Contractor provides;
7. Conduct public hearings when submitting, amending, or seeking a
waiver to the Area Plan to provide an opportunity for the general
public, officials of local units of general-purpose government, service
providers, and other interested parties to comment on the Area Plan;
8. Disseminate information, which may include SUA Memos, SUA
Policy & Procedures, and Rule Manual Volume 10 to applicable
providers within 10 business days (unless otherwise specified by the
State) of any changes to this information or when contracting with a
new provider; and,
9. Develop and maintain policies and procedures to ensure compliance
with statutes, rules and regulations, and efficient delivery of services.
III. Participant Satisfaction Survey
A. The Contractor shall annually complete a Participant Satisfaction Survey of
all Registered Services provided in the format and time period specified by
the State. The Contractor shall comply with the State's instructions for
distributing the survey and collecting and reporting survey responses,
including assurance that surveys are distributed by the State -provided
deadline.
B. The State shall:
1. Provide instructions to the Contractor for administering and
reporting on the Participant Satisfaction Survey;
2. Provide the Participant Satisfaction Survey format and questions;
3. Provide the Participant Satisfaction Survey reporting tool;
9
4. Provide technical assistance and resources to support the
Contractor in administering the annual Participant Satisfaction
Survey; and
5. Analyze the results of the Participant Satisfaction Survey for each
region and statewide.
IV. Management and Administration
The Contractor shall:
A. Provide training to service providers and staff regarding data collection and
reporting on services contained within the Area Plan and Funding Request
and in accordance with the terms of this Contract. Records of these efforts
shall be retained to verify training has been conducted.
B. Ensure the AAA director or other AAA representative completes mandatory
trainings and participates in mandatory meetings as specified by the State.
C. Timely respond to State requests for information, especially as they relate
to compliance with C.R.S. § 26-11-210: Adequacy Review - Appropriation
for Senior Services - Report.
D. Complete an investigation and recovery of all erroneous or improper
payments within 60 days of discovery of error in payment, unless otherwise
specified by the SUA.
E. Provide to the State information about the Contractor's organizational
structure and operating practices ,including assurance of compliance with
rules and regulations governing Programs and projects.
F. Employ a director or manager of the Area Agency on Aging who possesses
academic preparation and/or experience in related fields;
G. Immediately, but not later than 7 business days, notify the State of any
changes in key personnel, including the director or manager of the Area
Agency on Aging, and provide a succession plan to the State in the event of
key personnel changes.
H. Have access to qualified accounting personnel on staff or available on a
Contract basis.
I. Obtain the services of a Registered Dietitian, or individual of comparable
expertise, for the Nutrition Services Program.
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J. Be accountable for this Contract's requirements, the dissemination and
implementation of required policies and procedures, and timely and
accurate submission of reports to the State.
K. Ensure all required State deliverables are provided timely and accurately
which includes:
a. Subrecipient Performance Report and Assessment: The Contractor
is considered a Subrecipient of Federal funds, and shall therefore
complete and submit information to the State as requested and in a
format prescribed by the State.
b. Participant Satisfaction Survey and Results: the Contractor shall
distribute the required number of surveys by the State's deadline,
collect the required minimum number of responses by the State's
deadline, and report survey responses using the State -prescribed
tools by the State's deadline.
c. Funding Request: the Contractor shall complete required Funding
Requests as directed by the State. The Contractor shall ensure that
the Funding Request complies with the. Allotment for Priority
Services section of the SUA Policy & Procedures.
d. Service Units: the Contractor shall enter, or ensure that its
Subcontractors enter, service units monthly into the State Approved
Data System by close of business on the 23rd of each month or as
instructed by the State. The service units must be entered accurately
and in compliance with the SUDS Service Definitions and Reporting
Requirements Guide and other State guidance.
e. Monthly Reimbursement Requests: the Contractor shall submit
monthly reimbursement requests in the State Approved Financial
System by State prescribed deadlines. Late reimbursements are
disallowed absent written approval by the State.
f. Wait List and Unable to Serve Data: the Contractor shall submit
monthly wait list data to the State in the State Approved Data
System. The Contractor shall follow all SUA instructions and policies
regarding waitlists and unable to serve data and reporting
requirements.
g•
Annual Monitoring Evaluation
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i. The Contractor shall submit monitoring evaluation
documentation to State within the established timeline as
instructed by the State;
ii. The Contractor shall make available provider on -site visits as
instructed by the State;
iii. The Contractor shall submit an action plan and timelines to
address identified compliance issues within thirty (30) days
of receipt of the summary report by the State;
iv. The Contractor shall come into compliance based on the
State approval of the Contractor's action plan and timeline to
address any compliance issues; and
v. The Contractor shall provide documentation indicating
compliance is achieved within the approved timeline.
h. Ombudsman monthly fiscal reports that include line -item
expenditures to the State Ombudsman due by the end of the
following month.
i. Legal Assistance Tracking Report: the Contractor shall submit the
Legal Assistance Tracking Report annually or as instructed by the
State.
j. Financial and Single Purpose Audits: The Contractor shall submit
audits to the Colorado Department of Human Services within nine
months of the Contractor auditee's fiscal year end.
k. Emergency Preparedness Plan: The Contractor shall submit an
Emergency Preparedness Plan in a format prescribed by the State
annually by May 31st.
L. Failure to meet any of the deliverables listed in Paragraph K above shall
result in the following:
a. The first verified failure to meet a deliverable during any State Fiscal
Year shall require the Contractor to provide a written response
detailing the action plan and timeline to ensure compliance.
b. The second verified failure to meet the same deliverable during a
consecutive State Fiscal Year shall result in a reduction of 1% of the
Contractor's Administrative funding in the following fiscal year.
c. The third or more verified failure to meet the same deliverable during
a consecutive State Fiscal Year shall result in a reduction of 2% of
the Contractor's Administrative funding in the following fiscal year.
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V. Area Plan and Administration
The Contractor shall develop, submit, and maintain a comprehensive and
coordinated (four-year) Area Plan for the PSA in accordance with State
instructions. The Contractor shall review the Area Plan progress with the State on
an annual basis at a time prescribed by the State.
VI. Programs and Services Delivery
Programs and services shall be delivered in accordance with the Older Americans
Act, other applicable Federal and State rules and regulations, and Colorado
Department of Human Services rules, policies, and procedures (i.e. Rule Manual
Volume 10, SUA Policy & Procedures, SUA Policy Directives, SUA Memos, and the
LTCOP Policies and Procedures). The Contractor shall:
A. Provide training and technical assistance to service providers
(Subcontractors);
B. Provide services to protect the health, safety, welfare, and rights of the
Eligible Individuals within the PSA;
C. Perform assessment of population needs within the PSA when writing the
Area Plan, or as needed;
D. Ensure Eligible Individual access and awareness of AAA Services through
outreach and marketing which may include a AAA website, social media, or
other means;
E. Ensure that criminal background checks are conducted for employees,
volunteers, and subcontractors according to rule and SUA Policy &
Procedures;
F. Develop and implement a plan to assist potential direct service providers to
develop capacity to efficiently and effectively provide services under the
Area Plan following the direction on "Program Development" in the SUA
Policy & Procedures;
G. Identify and coordinate with community organizations and service
providers in developing, expanding or maintaining a community -based
system of services, which meet the needs of the Eligible Individuals residing
within the PSA; and
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H. If applicable, request a waiver of the priority Supportive Services funding
requirement from the SUA and follow SUA Policy & Procedures to make
such a request.
VII. Program Income
Program Income is any income generated through delivery of OAA/OCA-funded
services (i.e. voluntary contributions).
A. Voluntary contributions shall be allowed and may be solicited through non -
coercive methods.
B. Program Income shall be added to funds committed to the project or
Program and used to increase access to services or to further eligible
project or Program objectives.
C. The Contactor shall collect and report Program Income monthly in the State
Approved Financial System.
D. Program Income shall be expended the same month that it is earned and
shall be drawn down prior to requesting State or Federal funds. Program
Income cannot be carried over from one month to the next.
VIII. Funding Request
The Funding Request presents the Contractor's budget for the fiscal year and
discloses for which purposes the funds will be used. The Contractor shall:
A. Ensure that OAA funds are not used to supplant non -Federal or other
Federal funds;
B. Ensure that appropriate efforts to obtain support from private sources and
other public organizations continue;
C. Ensure compliance with the Capital Expenditures process as outlined in the
SUA Policy & Procedures, and that any Capital Assets are both purchased
and received within the same State Fiscal Year;
D. Have an independent audit conducted annually and performed in
accordance with Federal regulations, including Title II Part 200 of the Code
of Federal Regulations, State statutes and rules;
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E. Maintain financial records and other records pertinent to this agreement,
pursuant to Generally Accepted Accounting Principles and using
appropriate and sufficient documentation of expenses;
F. Upon request, make fiscal records, books, documents, papers, plans and
writings available to the State; and
G. Ensure that Program Development funds are be documented on the
Funding Request and adhere to SUA Policies and Procedures regarding
their use, and any changes shall receive prior approval by the SUA.
IX. Data Collection and Reporting
The Contractor must adhere to all reporting requirements and shall ensure that:
A. Each service provider utilizes the State Approved Data System for the
collection of data that will accurately reflect the project and financial
operations;
B. Programmatic and fiscal data are on file and available to the State including
service expenditures, local cash, local in -kind, unit rates, and Program
Income;
C. Service provider fiscal and programmatic records are retained until formal
notice is received from the State advising that records are no longer
necessary for audit purposes;
D. The Contractor submits all reports required by the State timely and in the
format required by the State. The State shall be notified 3 days prior to
deadline to request approval for an extended deadline. These reports
include, but are not limited to:
1. Subrecipient Performance Report and Assessment
2. Completion of the Participant Satisfaction Survey Reporting Tool
3. Waitlist and Unable to Serve Data
4. Ombudsman Monthly Fiscal Reports
5. Legal Assistance Tracking Report
E. A tracking system to monitor federal Carry -Over by part is established and
is maintained at levels approved by the State. These records shall be
available for review at the time of Evaluations. Carry -Over funds shall not
exceed 10% of the current federal grant award from one annual cycle to the
next by grant part after transfers between Parts B, C-1, and C-2, unless
otherwise specified by the State. If the Contractor exceeds the Carry -Over
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threshold, the State may redistribute the excess funds to other AAAs that
did not exceed the threshold, allocated proportionally through the Intrastate
Funding Formula, or revert the funds to the State;
F. Expenditures are tracked and if needed, action plans are developed to
correct deficiencies;
G. The State approved assessment forms are used and providers and staff are
trained regarding the appropriate and correct use of these forms;
H. Use the State prescribed systems for the collection and exchange of
required data and information. This data and information should accurately
reflect the project and financial operations. Follow instructions, training,
and guidance provided by the SUDS Data Team;
I. Evidence of Program Income, local match, and in -kind contributions are
documented and retained; and,
J. Training and technical assistance is provided to staff and providers
regarding approved data entry methods. This training should include
information on how to maintain accurate information in the State data
management systems.
X. Coordination and Advocacy Plan
The Contractor shall identify and describe Coordination and advocacy efforts in
the Area Plan. Advocacy activities shall include, but are not limited to:
A. Serving as the advocate and focal point for Eligible Individuals within the
community by monitoring, evaluating, and commenting upon policies and
Programs that will affect Eligible Individuals.
B. Assisting communities throughout the planning and service area to target
resources from all appropriate sources to meet the needs of older
individuals and family caregivers with Greatest Economic Need and
Greatest Social Need.
C. Soliciting input and comments from Eligible Individuals.
D. Developing and maintaining an Advisory Council that acts as a stakeholder
group for Eligible Individuals residing in the PSA and whose membership
meets requirements in § 1321.63 of the Code of Federal Regulations and
other requirements by the State. The purpose of the Advisory Council is to
16
advise the Area Agency on Aging on matters related to development,
administration, and operation of the Area Plan.
E. Documenting funds budgeted for Coordination, advocacy, Program
Development and Capital Expenditures in Funding Request.
XI. Elder Rights and Abuse Prevention Services
A. Long -Term Care Ombudsman Program (LTCOP) Services
1. The LTCOP protects the rights and improves the quality of care and
quality of life for residents of long-term care facilities.
2. The State Long -Term Care Ombudsman (State Ombudsman) is the
policy -making body for LTCOP Services; approves the allocations of
Federal and State Funds provided for the LTCOP Services; and
designates Local Ombudsman Entities (LOEs) responsible for
providing Regional Ombudsman Program services across the state.
3. The Contractor shall provide LTCOP Services in compliance with
federal and state laws and rules and the LTCOP Policies and
Procedures, and any deviation from the LTCOP Policies and
Procedures must be approved in writing by the State Ombudsman.
4. The Contractor shall ensure LTCOP staffing is adequate to meet
the requirements of the Ombudsman Program and shall monitor
LOEs in its region for compliance with the LTCOP Policies and
Procedures.
5. The Contractor shall ensure that confidential information related to
the LTCOP is secured in accordance with the LTCOP Policies and
Procedures.
6. The Contractor shall produce timely reports as required by the
State Ombudsman and the State.
B. Legal Assistance Services: the Office of the Colorado Legal Assistance
Developer (CLAD) provides oversight, technical assistance, and
consultation for the local Legal Assistance providers. The Contractor and
the local Legal Assistance program will prioritize legal assistance in the
form of advice or representation for cases related to income, health care,
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long-term care, nutrition, housing, utilities, protective services, defense of
guardianship, abuse, neglect, and age discrimination.
The Contractor shall:
1. Establish and maintain an appropriately staffed local Legal
Assistance program;
2. Require local providers to adhere to the requirements within the SUA
Policy & Procedures;
3. Produce timely reports as required by the CLAD and the State, and,
4. Work to resolve any issues noted by the CLAD, such as those
identified during the CLAD's annual on -site Evaluation.
XII. Supportive Services
The Contractor shall provide supportive services to Eligible Individuals which may
include any of the services listed under Section 321(a) of the OAA, as well as those
listed below. The Contractor shall comply with specific requirements of the
provision of these services as detailed in the OAA, OCA, Rule Manual Volume 10,
SUA Policies & Procedures, and SUDS Service Definitions and Reporting
Requirements Guide.
A. Information and Assistance: This Program includes one-on-one or group
contacts between information and assistance providers and the Eligible
Individual or the Eligible Individual's caregiver. In areas where five percent
(5%) or more of Eligible Individuals speak a language other than English as
their principal language, the Contractor shall provide information and
assistance in that language.
B. Case Management: This Program includes assistance to Eligible
Individuals such as assessing needs, developing care plans, authorizing
services, arranging services, coordinating services, follow-up, and
Reassessment as required.
C. Outreach: This Program includes interventions with Eligible Individuals for
the purpose of identifying potential Eligible Individuals and encouraging the
Eligible Individual's use of existing services and benefits. The Contractor
shall:
1. Conduct outreach activities throughout the PSA to identify Eligible
Individuals;
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2. Establish communication with the local news media to inform the
public of available services and opportunities to contribute to the
planning and implementation of services for Eligible Individuals; and,
3. In areas where five percent (5%) or more of Eligible Individuals speak
a language other than English as their principal language, provide
Outreach services in that language.
D. Transportation Services: The Contractor shall make Transportation and
Assisted Transportation available to Eligible Individuals for the purpose of
accessing services necessary to remain independent and socially
integrated in the community.
The Contractor shall:
1. Document the Transportation services provided for each Eligible
Individual, through registration, in the State Approved Data System;
2. Not use OAA/OCA/SFSS funds to pay for Transportation or Assisted
Transportation if such Transportation is offered or covered through
other Federal or State Programs for which the Eligible Individual may
be eligible;
3. Require all Transportation providers, except private vehicles,
rendering services to Eligible Individuals to have all licenses,
approvals, or certifications required by federal, state, and local law
or regulation; and
4. Require all Transportation providers not requiring licensure by the
Public Utilities Commission (PUC) to have their drivers, vehicles, and
auxiliary equipment meet all applicable regulations and standards
for passenger and vehicle safety, as well as all applicable safety
inspection and maintenance requirements, and shall comply with the
State's mandated minimum insurance coverage.
E. Adult Day Care/Adult Day Health: Services or activities provided to Eligible
Individuals who require care and supervision in a protective setting for a
portion of a 24 -hour day. These services may include: out of home
supervision, health care, recreation, and/or independent living skills training
offered in centers most commonly known as Adult Day, Adult Day Health,
Senior Centers, and Disability Day Programs.
F. Chore: Services for Eligible Individuals to increase the safety of Older Adults
living at home, such as heavy housework, yard work, or sidewalk
19
maintenance. Chore services are one-time, seasonal, or occasional in
nature, and are planned with input from the Eligible Individual based on an
evaluation of their strengths, needs, and degree of physical and/or cognitive
impairment.
G. Homemaker: Services for Eligible Individuals who are unable to perform two
or more of the instrumental activities of daily living or have cognitive
impairment and therefore need assistance with preparing meals, laundry,
shopping for personal items, managing money, using the telephone, or light
housework.
H. Personal Care: Services for Eligible Individuals who are unable to perform
two or more of the activities of daily living or have cognitive impairment and
therefore need personal assistance, stand-by assistance, supervision, or
cues with activities such as bathing, dressing, feeding, ambulation,
transfers, bowel and bladder care, medication reminding, respiratory care
services, and accompaniment to appointments or when running errands.
XIII. Nutrition Services
A. Congregate and Home Delivered Meals: These Programs exist to reduce
food insecurity, hunger, and malnutrition, enhance socialization, and
promote the health and well-being of Older Adults. The program promotes
and emphasizes comprehensive preventive approaches, which utilize
community Nutrition Services to maintain the health and independence of
Eligible Individuals. Nutrition Program services shall meet standards as
defined in the OCA, including but not limited to, the most recent Dietary
Guidelines for Americans and Dietary Reference Intakes.
B. The Contractor assures that it provides an array of Nutrition Services,
including at a minimum Congregate and Home Delivered Meals, Nutrition
Education, Nutrition Screening, Nutrition Assessment, and Nutrition
Counseling. Therapeutic Diets, modified diets including Medical Foods, and
other Nutrition Services may be provided as feasible and appropriate. The
Program offers Nutrition Services, meal preparation and delivery of
nutritious meals to senior centers, dining centers, Nutrition Sites,
community focal points, or participant homes or residences.
C. The Contractor shall comply with specific requirements of the provision of
these services as detailed in the OAA, OCA, Rule Manual Volume 10, SUA
Policies & Procedures, and SUDS Service Definitions and Reporting
Requirements Guide.
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D. The Contractor shall, to the maximum extent practicable, adjust meals to
meet any special dietary needs of Program participants.
XIV. Evidence -Based Disease Prevention and Health Promotion Services
The Evidence -based Disease Prevention and Health Promotion Services and
programs shall meet the current definition of the Administration for evidence -
based disease prevention and health promotion programs and adhere to the
requirements described in the OAA, OCA, Rule Manual Volume 10, SUA Policy &
Procedures, and SUDS Service Definitions and Reporting Guide.
Only programs that meet the Administration definition and criteria for evidence -
based and are included in the National Council on Aging (NCOA) approved list can
be funded as Evidence -Based Disease Prevention and Health Promotion
programs. For programs not previously approved by the NCOA, the Contractor
shall submit a request for approval from the State prior to implementation of
Evidence -based programs.
These services shall include but are not limited to: evidence -based programs for
the prevention, management, and reduction of the effects of chronic disease;
alcohol and substance abuse reduction; mental health and/or depression;
smoking cessation; weight loss and control; improved nutrition; caregiver
programs; stress management; physical fitness programs; falls prevention and
falls management programs; or medication management programs.
XV. Caregiver Services
The Caregiver services shall meet the requirements described in Rule Manual
Volume 10 and the SUA Policy & Procedures.
The service categories for caregiver services are: Information and Assistance,
Public Information, Case Management, Counseling, Support Groups, Training,
Respite, and Supplemental Services.
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Section 4: Definitions
Within this Contract the following terms are defined.
"Additional Cost Alternative" means (per Code of Federal Regulations, Program
Income, 74.24 (h) and (b)(1)) as "[Program Income shall be] added to funds
committed to the project or Program, and used to further [the] eligible project or
Program objectives."
"Administration" means the Administration for Community Living of the United
States Department of Health and Human Services.
"Area Agency on Aging (AAA)" means a private, Nonprofit, or public agency
designated by the State Unit on Aging (SUA) to administer the Older Americans
Act and related Programs within a Planning and Service Area (PSA) in the State of
Colorado.
"Area Agency on Aging Advisory Council" means a representative body of
laypersons and service providers, designated by the AAA to represent the interests
of Older Adults within the boundaries of a Planning and Service Area.
"Area Plan" means a document submitted by the Area Agency on Aging (AAA) to
the State Unit on Aging (SUA) every four years in a format specified by the State
Department, which includes goals and measurable objectives; and identifies
planning, Coordination, administration, supportive, and Nutrition Services, as well
as Evaluation activities to be undertaken.
"Assessment" means the process of determining eligibility for a Program, and may
be used to measure the changes in a client due to participation in a Program.
"Assisted Transportation" means assistance and transportation, including escort,
for a person who has physical or cognitive difficulties using regular vehicular
transportation.
"Carry -Over" means the estimated or actual portion of the federal funds made
available to the Contractor for a budget year which are not expended during that
budget year, and which may be available for use (carried over) during a subsequent
budget year, or reallocated as necessary.
"Case Management" means assistance, either in the form of access or care
coordination, in circumstances where the eligible individual and/or their caregivers
are experiencing diminished functioning capacities, personal conditions, or other
characteristics which require the provision of services by formal service providers.
22
Activities of Case Management shall include: assessing needs, developing care
plans, authorizing services, arranging services, coordinating the provision of
services among providers, follow-up, and reassessment, as required.
"Cash Match" means local cash received from non -Federal and non -State
sources which is used for the payment of allowable costs charged to the
Contract, and for the satisfaction of requirements for non-Federal/non-State
share of Program expenses.
"Choice" means the ability for the Eligible Individual to make a selection when
faced with two or more possibilities.
"Chore Services" means those services designed to increase the safety of Older
Adults living at home such as assistance with heavy housework, yard work or
sidewalk maintenance. Chore Service activities are one-time, seasonal, or
occasional in nature, and shall be planned with input from the Older Adult based
on an evaluation of the Older Adult's strengths and needs, and the degree of
physical and/or cognitive impairment of the Older Adult.
"Comprehensive and Coordinated Service Delivery System" means a system for
providing all necessary Supportive Services, including Nutrition Services, in a
manner designed to:
A. Facilitate the accessibility and use of interrelated social, supportive, and
Nutrition Services provided to meet the needs of Eligible Individuals in a
Planning and Service Area;
B. Develop and make the most effective use of Supportive Services and
Nutrition Services in meeting the needs of Eligible Individuals within the
Planning and Service Area;
C. Use resources efficiently and with a minimum of duplication; and,
D. Encourage and assist public and private entities that have unrealized
potential for meeting the service needs of Eligible Individuals to provide
such assistance on a voluntary basis.
"Congregate Meal" means meals meeting the Dietary Guidelines for Americans
and Dietary Reference Intakes by a qualified nutrition service provider to Eligible
Individuals and consumed while congregating virtually or in -person, except when
provided to complement the Congregate Meals program through shelf -stable,
pick-up, carry -out, drive -through, or similar meals (commonly referred to as "grab
and go" meals).
"Consumer Directed" means empowering the Eligible Individual to direct and
manage services and supports they need to live at home.
23
"Coordination" means a formal or informal arrangement through which the State
Unit on Aging (SUA), Area Agency on Aging (AAA), or another entity or coalition
brings together the planning and service resources of two (2) or more public
and/or private agencies in Colorado for the purpose of expanding or strengthening
services for Eligible Individuals. Coordination refers to cooperative efforts, in
support of common objectives, directed toward joint planning and resource
development, increased quality and quantity of services, and the improvement of
services to achieve a more effective and efficient comprehensive system.
"Counseling" means the provision of advice or support to assist Eligible
Individuals to address issues, concerns, or make decisions.
"Education" means a supportive service designed to assist Eligible Individuals to
better cope with their economic, health, and personal needs through services such
as education, continuing education, health education, falls prevention education,
medication management education, pre -retirement education, financial planning,
and other education and training services which advances the objectives of the
Older Americans Act.
"Elder abuse, Neglect, and Exploitation" means abuse, neglect, or exploitation, of
an Older Adult.
"Eligible Individual" means an individual, over 60, or an individual who is eligible
for services from an Area Agency on Aging under the Older Americans Act or Older
Coloradans' Act.
"Evaluation" means the process of a review of the direction, compliance with
regulations and policy and procedures, efficiency and effectiveness of a Program
or part of a Program through use of an evaluation tool developed by the SUA or
AAA including completed written documentation of the findings.
"Funding Request" means the documentation submitted annually by each AAA
to the SUA for approval of its planned use of OAA/OCA funding, using the State
Approved Financial System.
"Greatest Economic Need" means the need resulting from an income level at or
below the Federal poverty level and as further defined by State and Area Plans
based on local and individual factors, including geography and expenses.
"Greatest Social Need" means the need caused by noneconomic factors, which
include: physical and mental disabilities; language barriers; cultural, social, or
geographical isolation, including due to: racial or ethnic status, Native American
identity, religious affiliation, sexual orientation, gender identity, or sex
characteristics; HIV status; chronic conditions; housing instability, food
24
insecurity, lack of access to reliable and clean water supply, lack of
transportation, or utility assistance needs; interpersonal safety concerns; rural
location; or any other status that: restricts the ability of an individual to perform
normal or routine daily tasks, or threatens the capacity of the individual to live
independently, or other needs as further defined by State and Area Plans based
on local and individual factors.
"Evidence -Based Disease Prevention and Health Promotion Program" means a
Program that meets the current definition of evidence -based disease prevention
and health promotion as defined by the Administration for Community Living and
has:
A. Demonstrated through evaluation to be effective for improving the health
and wellbeing or reducing disease, disability and/or injury among Older
Adults; and
B. Proven effective with Older Adult population, using Experimental or Quasi -
Experimental Design*; and
C. Research results published in a peer -review journal; and
D. Been fully translated** in one or more community site(s); and
E. Developed dissemination products that are available to the public.
*Experimental designs use random assignment and a control group. Quasi -
experimental designs do not use random assignment.
**For purposes of the definition, being "fully translated in one or more community
sites" means that the evidence -based program in question has been carried out at
the community level (with fidelity to the published research) at least once before.
Sites should only consider programs that have been shown to be effective within a
real -world community setting.
"Home Delivered Meal" means meals meeting the Dietary Guidelines for
Americans and Dietary Reference Intakes as set forth in section 339 of the Act
provided under Title III, part C-2 by a qualified nutrition service provider to eligible
individuals and consumed at their residence or otherwise outside of a congregate
setting, as organized by a service provider under the Act. Meals may be provided
via home delivery, pick-up, carry -out, drive -through, or similar meals services.
"Homemaker Services" means providing assistance to persons who meet the
eligibility requirements for in -home services and who are unable to perform two or
more of the following instrumental activities of daily living: preparing meals,
laundry, shopping for personal items, managing money, using the telephone, or
doing light housework.
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"In -Kind Match" means services, goods, or property donated by a Subcontractor
or third party, which are allowable costs of the Contract, for which no cash
reimbursement is required, and which are applied to a requirement for the non-
federal/non-state share of Program expenses.
"Internal Control" means processes designed to provide reasonable assurance
regarding the achievement of objectives in the following categories:
A. Effectiveness and efficiency of operations;
B. Reliability of financial reporting; and,
C. Compliance with applicable laws and regulations.
"Legal Assistance" means legal advice, counseling, and representation provided
by an attorney or other person acting under the supervision of an attorney.
"Local Ombudsman Entity" (LOE) means public agencies or nonprofit
organizations, designated by the State Ombudsman, responsible for hosting local
or Regional Ombudsman Programs to carry out the activities of the Ombudsman
Program.
"Long -Term Care Ombudsman Duties" (Official Duties) means the duties as set
forth in the Older Americans Act, C.R.S. Article 11.5 of Title 26 - Colorado Long -
Term Care Ombudsman Program, and the LTCOP Policies and Procedures for the
State Ombudsman and certified ombudsmen.
"Long -Term Care Ombudsman Program" means the program headed by the State
Ombudsman and consists of the Office of the Long -Term Care Ombudsman, all
representatives of the Office, and Regional Programs.
"Long -Term Care Ombudsman Program Records" (LTCOP Records) means all
LTCOP files, records, correspondences, documentation, case notes, and
communications related to a specific case or resident in any format, including
intellectual records (e.g. unwritten, confidential information, ombudsmen
knowledge, and testimony, including testimony related to subpoenas).
"Low -Income" means incomes at or below the Federal Poverty level.
"Means Test" means the use of an Eligible Individual's income or resources to
determine eligibility pursuant to these rules.
"Medical Food" means a food formulated to be consumed or administered entirely
under supervision of a physician and intended for the specific dietary management
of a disease or condition for which distinctive nutritional requirements, based on
recognized scientific principles, are established by medical evaluation.
26
"Monitoring" means a review of one or more Contract activities, that may include
on -site visits to the Contractor agency; and/or data collection activities of
Contractors and Subcontractors, for the purpose of assuring that the Contract is
being administered in accordance with the Older Americans Act Programs, and
that the purposes of the Contract are being met.
"Nonprofit" as applied to any agency, institution, or organization, means an
agency, institution, or organization owned and/or operated by one or more
corporations or associations whose profits shall be used exclusively for the
charitable, educational or scientific purpose for which it was formed.
"Nutrition Counseling" means a standardized service as defined by the Academy
of Nutrition & Dietetics (AND) that provides individualized guidance to individuals
who are at nutritional risk because of their health or nutrition history, dietary intake,
chronic illness, or medication use, or to caregivers. Counseling is provided one-on-
one by a registered dietitian, and addresses the options and methods for
improving nutrition status with a measurable goal.
"Nutrition Education" means an intervention targeting OAA participants and
caregivers that uses information dissemination, instruction, or training with the
intent to support food, nutrition, and physical activity choices and behaviors
(related to nutritional status) in order to maintain or improve health and address
nutrition -related conditions. Content is consistent with the Dietary Guidelines for
Americans; is accurate, culturally sensitive, regionally appropriate, and considers
personal preferences; and is overseen by a registered dietitian or individual of
comparable expertise as defined in the OAA. Nutrition education shall be
evidence -based or evidence -informed. Providing evidence -based or evidence -
informed nutrition education means the topic(s) and content is based on accurate,
reliable, and current research. Nutrition education is a service that must be
available to Eligible Individuals; individuals do not need to be participants within
congregate or home delivered meal programs to receive, request, or participate in
nutrition education programs.
"Nutrition Screening" means the process of identifying Older Adults at nutritional
risk, or at risk for malnutrition or food insecurity.
"Nutrition Services" means services and activities intended to provide Older
Adults with assistance in maintaining a well-balanced diet, including Congregate
and Home Delivered Meals, Nutrition Screening, Nutrition Counseling and Nutrition
Education.
27
"Nutrition Site" means a location where Congregate Meals are provided, and may
include senior centers, community buildings, elderly housing complexes, libraries,
mobile locations, and public schools.
"Office of the State Long -Term Care Ombudsman" (Office) as used in sections
711 and 712 of the Older Americans Act, means the organizational unit which is
headed by the State Long -Term Care Ombudsman and comprised of any other
State Ombudsman staff. The Office is a separately identifiable, distinct entity, as
established by the State Unit on Aging.
"Older Adult" means a person who is sixty (60) years of age or older.
"Older Americans Act funds" means Federal funds authorized under the Older
Americans Act.
"Ombudsman" as used in sections 711 and 712 of the Older Americans Act, means
the employees or volunteers certified by the State Ombudsman to fulfill the duties
set forth in § 1324.19(a), whether personnel supervision is provided by the State
Ombudsman or designees, or by an agency hosting a Regional Ombudsman
Program designated by the State Ombudsman pursuant to section 712(a)(5) of
the Older Americans Act and C.R.S. § 26-11.5-103(2).
"Older Coloradans' Act funds" means State funds authorized under the Older
Coloradans' Act.
"Person -Centered" means treating Eligible Individuals with dignity and respect by
focusing on their preferences, supporting their personal perspectives, values,
beliefs, and having the Eligible Individual actively participate.
"Personal Care" means providing personal assistance, stand-by assistance,
supervision or cues for persons who meet the eligibility requirements for in -home
services.
"Place of Residence" means a permanent declared dwelling place.
"Planning and Service Area (PSA)" means a geographic area of the state,
designated by the State Unit on Aging for purposes of planning, development,
delivery, and overall administration of services under an Area Plan.
"Poverty Level" is based on the federal poverty guidelines.
"Program" or "Programs" means a particular set of services and activities
authorized and funded by the OAA and/or the OCA.
28
"Program Income" means any income generated from activities, part or all of the
cost of which is borne by this Contract's funding.
"Reassessment" means the process of redetermining eligibility for a Program.
"Regional Ombudsman" means a representative of the Office responsible for a
specified area within the state ensuring the duties set forth by the State
Ombudsman, and in accordance with the (federal) LTCOP Rule, are fulfilled.
Regional Ombudsmen are responsible for the programmatic supervision and
management of the applicable Regional Ombudsman Program.
"Regional Ombudsman Program" means a Long -Term Care Ombudsman Program
within a designated Local Ombudsman Entity, managed by a Regional
Ombudsman, which fulfills the duties set forth by the State Ombudsman, and in
accordance with the (federal) LTCOP Rule, for a specified area within the state.
"Registered Dietitian" means the Commission on Dietetic Registration defines the
standards for the Registered Dietitian as an individual who has:
A.
B.
C.
Met current minimum academic requirements with successful completion
of both specified didactic education and supervised -practice experiences
through programs accredited by the Accreditation Council for Education in
Nutrition and Dietetics (ACEND) of the Academy;
Successfully completed the Registration Examination for Dietitians and
remitted the annual registration fee; and
Complies with the Professional Development Portfolio recertification
requirements.
"Registered Services" means services that are registered to an individual client.
"Resident" means any person who is actively seeking admission to a licensed
long-term care facility, who resides in a licensed long-term care facility, or formerly
resided in a licensed long-term care facility.
"Screening" means the process of administering a standard instrument or tool to
determine an Older Adult's needs.
"State Approved Data System" means the data reporting system that the
Contractor and its subcontractors are required to use to record OAA/OCA service
units. This system may be referred to as the State Unit Data System (SUDS).
"State Approved Financial System" means the financial reporting system that the
Contractor is required to use to budget funding, track expenditures, and request
reimbursement for Programs and activities approved by the Funding Request. This
29
system may be referred to as the Colorado Budget Reimbursement & Expenditures
System (CBRES).
"State Funding for Senior Services (SFSS)" means any Colorado (State) funding,
including Older Coloradans Act funding and general funds, provided for service
provision for Eligible Individuals in Colorado, with the exception of State matching
funds for Federal program funding. The Program delivery system and eligibility
criteria for these State -funded Eligible Individual services is mirrored after the
Older Americans Act.
"State Long -Term Care Ombudsman" (State Ombudsman) means the individual
who heads the Office of the State Long -Term Care Program and is responsible to
personally, or through representatives of the Office, fulfill the functions and
responsibilities set forth in § 1324.13 of the (federal) LTCOP Rule.
"State Monitoring" means the annual Monitoring of the Contractor, which may be
conducted on -site or through a desk evaluation, which is performed by the State
to ensure compliance with Federal and State laws and regulations, SUA Policy &
Procedures, LTCOP Policy and Procedures, and the requirements of this Contract.
"State Unit on Aging (SUA)" means the unit in the State, designated by the
Executive Director to administer the Colorado State Plan on Aging including Older
Americans Act Programs. In Colorado, this agency is the Colorado Department of
Human Services, Division of Aging and Adult Services.
"Subcontract" shall be defined the same as "Contract", except that Subcontracts
are awarded by Area Agencies on Aging (AAA). An agency to which a contract is
made by the AAA to provide services pursuant to the Older Americans Act and
Older Coloradans Act requirements is a Subcontractor. This term also describes
any contracts awarded by a Subcontractor to a third party to aid in the
performance of the services pursuant to this Contract.
"Supportive Services" means those services as described in these rules and as
included in the Colorado State Plan on Aging.
"Therapeutic Diet" means a diet intervention ordered by a health care
practitioner as part of the treatment for a disease or clinical condition
manifesting an altered nutritional status, to eliminate, decrease, or increase
certain substances in the diet (e.g., sodium, potassium). Therapeutic Diets
provide the corresponding treatment that addresses a particular disease or
clinical condition, which is manifesting an altered nutritional status by providing
the specific nutritional requirements to remedy the alteration.
30
"Transportation" means going from one location to another in a vehicle. It does
not include any other activity.
31
Section 5: Miscellaneous Provisions
I. If the Contractor fails to comply with State policies or has materially failed to
comply with the terms of this Contract, or if the Contractor fails to carry out
required corrective action by the specified dates the State may suspend, terminate
a Contract, in whole or in part, or withhold or recover funds in whole or in part from
the Area Agency on Aging. The process for terminating Contracts and withdrawal
of designation of an Area Agency on Aging shall be done in accordance with rules
and regulations governing this process, as outlined in Rule Manual Volume 10.
II. The State shall document any non-compliance and shall notify the Contractor of
the required corrective action and the dates when such action is due.
III. The State shall notify the Contractor in writing ten (10) working days prior to the
effective date of the suspension or termination or withholding or recovering of
funds of the reason(s) for the suspension or termination or withholding or
recovering of funds. Such notification shall explain the right of the Contractor to
appeal such decision as outlined in the appeals and fair hearing section of the Rule
Manual Volume 10.
IV. If in the State's judgment an emergency situation exists, the State may suspend or
terminate the Contract or withhold or recover funds effective immediately.
V. Suspensions shall remain in effect until the Contractor has taken corrective action
satisfactory to the State or has given evidence satisfactory to the State that such
corrective action will be taken.
VI. New obligations against the Contract in question incurred by the Contractor during
the suspension period shall not be allowed unless the State expressly authorizes
the new obligation in the notice of suspension or an amendment to the notice of
suspension.
VII. If a Contract or part thereof remains in suspension until the end of the Contract
period, such Contract or part thereof shall be automatically terminated.
VIII. If a Contract is suspended or terminated, the State or its agent may administer the
Area Plan during the suspension period or until a new Contractor is designated
and receives funding from the State.
IX. Termination on other grounds shall occur if any of the following conditions exist:
A. The State and the Contractor mutually agree upon the terms;
32
B. The State notifies the Contractor in writing of the termination, effective date,
and in case of partial termination, the portion of the funding to be
terminated; and/or
C. The Contractor fails to carry out required corrective action by the dates
specified by the State.
X. If, in the case of a partial termination, the Contractor determines that the remaining
portion of the Contract will not accomplish the purposes for which the Contract
was awarded, the Contractor may terminate the Contract in its entirety.
XI. When a Contract is terminated, the Contractor shall not incur new obligations for
the terminated portion after the effective date and shall cancel as many
outstanding obligations as possible. The State shall allow full credit to the
Contractor for the non -cancelable obligations properly incurred by the Contractor
prior to termination.
XII. The State may refuse to Contract with and may take legal action against any
Contractor that breaches its Contract with the State or fails to use or expend
Federal and State funds in accordance with applicable laws, regulations, policies
and the State directives.
XIII. The State shall notify the Contractor in writing of the required corrective action(s)
and due date(s). The Contractor or Subcontractor shall not incur new obligations
during periods of suspension unless authorized. If the Contractor or
Subcontractor remains in suspension until the end of the Contract period, the
Contract will automatically be terminated. The Contractor or Subcontractor shall
be notified of rights to a hearing, appeal or other administrative actions.
XIV. Federal law and regulations governing the privacy of certain health information
requires a "Business Associate Agreement" between the State and the Contractor.
45 C.F.R. Section 164.504(e). Attached and incorporated as Exhibit D: HIPAA
Business Associate Agreement. Terms of the Addendum shall be considered
binding upon execution of this Contract and shall remain in effect during the term
of the Contract including any extensions.
33
Exhibit B: Budget
AAA Title III and Title VII and State Funding for Senior Services
SFY 2026
Weld County, Colorado
Weld County Department of Human Services
Weld County Area Agency on Aging
Region 2B
July 1, 2025 - June 30, 2026
Funding
Part
SFY 2026 Budget
Title
III
Part
B
$230,483.00
Title
III
Part
Cl
$320,061.00
$206,492.00
Title
III
Part
C2
Title
III
Part
D
$15,797.00
:title
III
Part
E
$95,678.00
State
E
Match
$7,476.00
$90,073.00
Federal
Admin
Title
VII
Elder
Abuse
Prevention
$1,419.00
Title
VII
Ombudsman
$8,245.00
State
Funding
for
Senior
Services
$1,165,108.00
State
Admin
$129,456.00
TOTAL
$2,270,288.00
The Colorado Department of Human Services (CDHS) is committed to accessibility.
For more on CDHS's accessibility policies, please visit https://cdhs.colorado.gov/accessibility-at-cdhs
If you have difficulty using this document's content, please email the State Unit on Aging
atcdhs_stateunitonaging@state.co.usorcall303-866-2800.
PAGE 1 OF 1
COLORADO
Financial Services
Department d Human Services
IZhrtsfon of Contracts and Procurement
Exhibit C - Supplemental Provisions for Federal Awards
For the purposes of this Exhibit only, Contractor is also identified as "Subrecipient." This
Contract has been funded, in whole or in part, with an award of Federal funds. In the event of
a conflict between the provisions of these Supplemental Provisions for Federal Awards, the
Special Provisions, the Contract or any attachments or exhibits incorporated into and made a
part of the Contract, the Supplemental Provisions for Federal Awards shall control. In the event
of a conflict between the Supplemental Provisions for Federal Awards and the FFATA
Supplemental Provisions (if any), and/or exhibit regarding SLFRF Federal Provisions, the terms
re FFATA and/or SLFRF shall control. If the source of the funding of the Contract is a grant,
these Federal Provisions are subject to the Award as defined in 52 of these Federal Provisions,
as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institutions of higher education.
1) Federal Award Identification
i. Subrecipient: Weld County, Colorado
Weld County Department of Human Services
Weld County Area Agency on Aging;
11. Subrecipient DUNS number: 075757955;
and Subrecipient UEI number: MKKXT9U9MTV5;
iii. The Federal Award Identification Numbers (FAIN) are: Title III Part B - Supportive
Services - 2501 COOASS; Title III Part C1 - Congregate Meals - 2501 COOACM; Title
III Part C2 - Home Delivered Meals - 2501 COOAHD; Title III Part D - Preventative
Health - 2501 COOAPH; TITLE III Part E - National Family Caregiver Support
Program - 2501COOAFC; Title VII EA - Elder Abuse Prevention - 25401COOAEA;
and Title VII Ombudsman - Ombudsman - 2501COOAOM
iv. The Federal award date is January 15, 2025;
v. The subaward period of performance start date is 10/01/2024 and end date is
09/30/2026;
vi. Federal Funds:
CONTRACT
TOTAL AMOUNT OF
AMOUNT OF TOTAL AMOUNT OF THE FEDERAL
FEDERAL FUNDS FEDERAL FUNDS FUNDS AWARD
•
YEAR
OBLIGATED BY THIS
CONTRACT
OBLIGATED TO THE COMMITED
SUBRECIPIENT SUBRECIPIENT
CDHS
TO
BY
07/01/2025 TO
FEDERAL PART B
$230,483.00
5230,483.00
$230,483.00
06/30/2026
07/01/2025 TO
FEDERAL PART C-1
$320,061.00
$320,061.00
$320,061.00
06/30/2026
07/01/2025 TO
FEDERAL PART C-2
$206,492.00
$206,492.00
$206,492.00
06/30/2026
07/01/2025 TO
FEDERAL PART 0
$15,797.00
$15.797.00
$15.797.00
06/30/2026
07/01/2025 TO
FEDERAL PART E
$95,678.00
$95,678.00
$95,678.00
06/30/2026
07/0112025 TO
FEDERAL ADMIN •
590,073.00
590,073.00
$90,073.00
06/30/2026
07/01/2025 TO
FED ELDER ABUSE PREV.
$1,419.00
$1,419.00
$1,419.00
06/30/2026
07/01/2025 TO
FEDERAL OMBUDSMAN
$8,245.00
$8,245.00
$8,245.00
06/30/2026
TOTAL
$968.248.00
$968,248.00 $968,248.00
Supplemental Provisions for Federal Awards
Page 1 of 15
Revised 01.28.25
i. Federal award project description: Older Americans Act Title III - Grants for State
and Community Programs on Aging and Older Americans Act; Title VII -
Allotments for Vulnerable Elder Rights Protection and Ombudsman Activities.
ii. The name of the Federal awarding agency is Department of Health and Human
Services, Administration for Community Living; the name of the pass -through
entity is the State of Colorado, Department of Human Services (CDHS); and the
contact information for the awarding official is Cynthia Brammeier and can be
reachedviaemailatcynthia.brammeier@acl.hhs.gov. orbyphoneat
816.321.7341.
iii. The Catalog of Federal Domestic Assistance (CFDA) numbers are:
CONTRACT
FISCAL
OR
YEAR
PROGRAM TITLE
GRANT # CFDA #
07/01/2025 TO
06/30/2026
TITLE III B SUPPORTIVE SERVICES
2501COOASS
93.044
07/01/2025 TO
06/30/2026
TITLE III C1 CONGREGATE MEALS
2501COOACM
93.045
07/01/2025 TO
06/30/2026
TITLE III C2 HOME -DELIVERED MEALS
2501COOAHD
93.045
07/01/2025 TO
06/30/2026
TITLE III D PREVENTIVE HEALTH
2501COOAPH
93.043
07/01/2025 TO
06/30/2026
TITLE III E NFCSP
2501COOAFC
93.052
07/01/2025 TO
06/30/2026
TITLE VII ELDER ABUSE PREVENTION
2501COOAEA
93.041
07/01/2025 TO
06/30/2026
TITLE VII OMBUDSMAN
251COOAOM
93.042
iv. This award is not for research Et. development;
v. The indirect cost rate for the Federal award (including if the de minimis rate is
charged per 2 CFR 5200.414 Indirect (FEtA) costs) is pre -determined based upon the
State of Colorado and CDHS cost allocation plan.
2) All requirements imposed by CDHS on Subrecipient so that the Federal award is used in
accordance with Federal statutes, regulations, and the terms and conditions of the
Federal award, are stated in Exhibit A: Statement of Work.
3) Any additional requirements that CDHS imposes on Subrecipient in order for CDHS to meet
its own responsibility to the Federal awarding agency, including identification of any
required financial and performance reports, are stated in N/A.
4) Subrecipient's approved indirect cost rate is Subrecipient does not use an indirect cost
rate. Subrecipient's indirect costs are distributed based on its Indirect Cost Allocation
Plan.
5) Subrecipient must permit CDHS and auditors to have access to Subrecipient's records and
financial statements as necessary for CDHS to meet the requirements of 2 CFR 5200.331
Requirements for pass -through entities, SS 200.300 Statutory and National Policy
Supplemental Provisions for Federal Awards
Page 2 of 15 Revised 01.28.25
Requirements through 8200.309 Period of performance, and Subpart F —Audit
Requirements of this Part.
6) The appropriate terms and conditions concerning closeout of the subaward are listed in
Section 16 of this Exhibit and Exhibit A: Statement of Work.
7) Matching Funds.
i. Subrecipient shall provide matching funds as stated in Exhibit A: Statement of Work.
Subrecipient shall have raised the full amount of matching funds prior to the
Effective Date and shall report to CDHS regarding the status of such funds upon
request. Subrecipient's obligation to pay all or any part of any matching funds,
whether direct or contingent, only extends to funds duly and lawfully appropriated
for the purposes of this Contract by the authorized representatives of the
Subrecipient and paid into the Subrecipient's treasury or bank account.
Subrecipient represents to CDHS that the amount designated as matching funds has
been legally appropriated for the purposes of this Contract by its authorized
representatives and paid into its treasury or bank account. Subrecipient does not
by this Contract irrevocably pledge present cash reserves for payments in future
fiscal years, and this Contract is not intended to create a multiple -fiscal year debt
of the Subrecipient. Subrecipient shall not pay or be liable for any claimed
interest, late charges, fees, taxes or penalties of any nature, except as required by
Subrecipient's laws or policies.
1. Definitions.
1.1 For the purposes of these Federal Provisions, the following terms shall have the
meanings ascribed to them below. For a full list of definitions (as of October 1,
2024) under the Uniform Guidance, see 2 CFR 200.1.
1.1.1 "Award" means an award of Federal financial assistance, and the
Contract setting forth the terms and conditions of that financial
assistance, that a non -Federal Entity receives or administers.
1.1.1.1 Awards may be in the form of:
1.1.1.1.1 Grants;
1.1.1.1.2 Contracts;
1.1.1.1.3 Cooperative Contracts, which do not include
cooperative research and development Contracts
(CRDA) pursuant to the Federal Technology Transfer
Act of 1986, as amended (15 U.S.C. 3710);
1.1.1.1.4 Loans;
1.1.1.1.5 Loan Guarantees;
1.1.1.1.6 Subsidies;
1.1.1.1.7 Insurance;
1.1.1.1.8 Food commodities;
Supplemental Provisions for Federal Awards Page 3 of 15 Revised July 2024 / Acc 11.12.24
1.1.1.1.9 Direct appropriations;
1.1.1.1.10 Assessed and voluntary contributions; and
1.1.1.1.11 Other financial assistance transactions that authorize
the expenditure of Federal funds by non -Federal
Entities.
1.1.1.1.12 Any other items specified by OMB in policy
memoranda available at the OMB website or other
source posted by the OMB.
1.1.1.2 Award does not include:
1.1.1.2.1 Technical assistance, which provides services in lieu of
money;
1.1.1.2.2 A transfer of title to Federally -owned property
provided in lieu of money; even if the award is called
a grant;
1.1.1.2.3 Any award classified for security purposes; or
1.1.1.2.4 Any award funded in whole or in part with Recovery
funds, as defined in section 1512 of the American
Recovery and Reinvestment Act (ARRA) of 2009
(Public Law 111-5).
1.1.2 "Contract" means the Contract to which these Federal Provisions are
attached and includes all Award types in S of this Exhibit.
1.1.3 "Contractor" means the party or parties to a Contract funded, in whole
or in part, with Federal financial assistance, other than the Prime
Recipient, and includes grantees, subgrantees, Subrecipients, and
borrowers. For purposes of Transparency Act reporting, Contractor does
not include Vendors.
1.1.4 "Unique Entity ID number" or "UEI" is the universal identifier for federal
financial assistance applicants, as well as recipients and their direct
subrecipients (first tier subrecipients).
1.1.5 "Entity" means:
1.1.5.1 If the source of the funding is a Grant:
1.1.5.1.1 a Non -Federal Entity; or
1.1.5.1.2 a non-profit organization or for-profit organization.
1.1.5.2 If the source of funding is not a Grant:
1.1.5.2.1 all of the following as defined at 2 CFR part 25, subpart
C;
1.1.5.2.2 A governmental organization, which is a State, local
government, or Indian Tribe;
1.1.5.2.3 a foreign public entity;
1.1.5.2.4 a domestic or foreign non-profit organization;
Supplemental Provisions for Federal Awards Page 4 of 15 Revised July 2024 / Acc 11.12.24
1.1.5.2.5 a domestic or foreign for-profit organization; and
1.1.5.2.6 a Federal agency, but only a Subrecipient under an
Award or Subaward to a non -Federal entity.
1.1.6 "Executive" means an officer, managing partner or any other employee in
a management position.
1.1.7 If the source of funding is a Grant, "Federal Awarding Agency" means a
Federal agency providing a Federal Award to a Recipient as described in
2 CFR 200.1. If the source of funding is not a Grant, "Federal Award
Identification Number (FAIN)" means an Award number assigned by a
Federal agency to a Prime Recipient.
1.1.8 "FFATA" means the Federal Funding Accountability and Transparency Act
of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-
252. FFATA, as amended, also is referred to as the "Transparency Act."
1.1.9 "Federal Provisions" means these Federal Provisions subject to the
Transparency Act and Uniform Guidance, as may be revised pursuant to
ongoing guidance from the relevant Federal or State of Colorado agency
or institutions of higher education.
1.1.10 If the source of funding is a Grant, "Grant" as used herein is the
Contract to which these Federal Provisions are attached.
1.1.11 "Grantee" means the party or parties identified as such in the Grant to
which these Federal Provisions are attached if the source of funding is a
Grant. Grantee also means Subrecipient.
1.1.12 "Non -Federal Entity means a State, local government, Indian tribe,
institution of higher education, or nonprofit organization that carries
out a Federal Award as a Recipient or a Subrecipient.
1.1.13 "Nonprofit Organization" means any organization that:
1.1.13.1 Is operated primarily for scientific, educational, service,
charitable, or similar purposes in the public interest;
1.1.13.2 Is not organized primarily for profit;
1.1.13.3 Uses net proceeds to maintain, improve, or expand the
organization's operations; and
1.1.13.4 Is not an IHE.
1.1.14 "OMB" means the Executive Office of the President, Office of
Management and Budget.
1.1.15 "Pass -through Entity" means a recipient or subrecipient that provides a
Subaward to a Subrecipient (including lower tier subrecipients) to carry
out part of a Federal program. The authority of the pass -through entity
under this part flows through the Subaward agreements between the
pass -through entity and subrecipient.
Supplemental Provisions for Federal Awards Page 5 of 15 Revised July 2024 / Acc 11.12.24
1.1.16 "Prime Recipient" means a Colorado State agency or institution of
higher education that receives an Award, or, of the source of funding is
a Grant it is that agency or institution identified as the Grantor in the
Grant to which these Federal Provisions are attached.
1.1.17 "Subaward" means an award provided by a pass -through entity to a
Subrecipient to contribute to the goals and objectives of the project by
carrying out part of a Federal award received by the pass -through
entity. The term does not include payments to a contractor,
beneficiary or participant.
1.1.18 "Subrecipient" or, if the source of funding is a Grant, "Subgrantee"
means an entity that receives a subaward from a pass -through entity to
carry out part of a Federal award. The term Subrecipient does not
include a beneficiary or participant. A Subrecipient may also be a
recipient of other Federal awards directly from a Federal agency.
1.1.19 "Subrecipient Parent UEI Number" means the subrecipient parent
organization's 12 -digit Unique Entity ID System (UEI) number that
appears in the subrecipient's System for Award Management (SAM)
profile, if applicable.
1.1.20 "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.Rov.
1.1.21 "Total Compensation" means the cash and noncash dollar value an
Executive earns during the entity's preceding fiscal year. This includes
all items of compensation as prescribed in 17 CFR 229.402(c)(2).
1.1.22 "Transparency Act" means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282), as amended by $6202 of
Public Law 110-252. The Transparency Act may also be referred to as
FFATA.
1.1.23 "Uniform Guidance" means the Office of Management and Budget
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, which, unless the source of funding is
a Grant, supersedes requirements from OMB Circulars A-21, A-87, A-110,
and A-122, OMB Circulars A-89, A-102, and A-133, and the guidance in
Circular A-50 on Single Audit Act follow-up. The terms and conditions of
the Uniform Guidance flow down to Awards to Subrecipients unless the
Uniform Guidance or the terms and conditions of the Federal Award
specifically indicate otherwise.
1.1.24 "Vendor" means a dealer, distributor, merchant or other seller providing
property or services required for a project or program funded by an
Award. A Vendor is not a Prime Recipient or a Subrecipient and is not
Supplemental Provisions for Federal Awards Page 6 of 15 Revised July 2024 / Acc 11.12.24
subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
2. Compliance.
2.1 Contractor/Grantee shall comply with all applicable provisions of the
Transparency Act and the regulations issued pursuant thereto, all applicable
provisions of the Uniform Guidance, including, but not limited to, all applicable
Federal Laws and regulations required by this Federal Award. Any revisions to
such provisions or regulations shall automatically become a part of these
Federal Provisions, without the necessity of either party executing any further
instrument. The State of Colorado, at its discretion, may provide written
notification to Contractor/Grantee of such revisions, but such notice shall not
be a condition precedent to the effectiveness of such revisions.
3. System for Award Management (SAM) and Unique Entity ID System
(UEI) Requirements.
1.2 SAM. Contractor/Grantee must obtain a UEI but are not required to fully register in
Sam.gov. Contractor/Grantee shall maintain the currency of its information in SAM
until the Contractor/Grantee submits the final financial report required under the
Award or receives final payment, whichever is later. Contractor/Grantee shall
review and update SAM information at least annually after the initial registration,
and more frequently if required by changes in its information.
1.3 UEI. Contractor/Grantee shall provide its UEI number to its Prime Recipient, and
shall update Contractor's/Grantee's information in www.sam.gov at least annually
after the initial registration, and more frequently if required by changes in
Contractor's/Grantee's information.
4. Total Compensation.
1.4 Contractor/Grantee shall include Total Compensation in SAM for each of its five
most highly compensated Executives for the preceding fiscal year if:
1.4.1 The total Federal funding authorized to date under the Award is $30,000
or more if the source of funding is a Grant, or otherwise $25,000 or
more if the source of funding is not a Grant; and
1.4.2 In the preceding fiscal year, Contractor/Grantee received:
1.4.2.1 80% or more of its annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal financial
assistance Awards or Subawards subject to the Transparency Act;
and
1.4.2.2 $25,000,000 or more in annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal financial
assistance Awards or Subawards subject to the Transparency Act
Supplemental Provisions for Federal Awards Page 7 of 15 Revised July 2024 / Acc 11.12.24
if the source of funding is a Grant or otherwise $25,000,000 or
more in annual gross revenues from Federal procurement
contracts and subcontracts and/or Federal financial assistance
Awards or Subawards subject to the Transparency Act if the
source of funding is not a Grant; and
1.4.2.3 The public does not have access to information about the
compensation of such Executives through periodic reports filed
under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d) or S 6104 of the Internal Revenue
Code of 1986.
5. Reporting.
1.5 If Contractor/Grantee is a Subrecipient of the Award pursuant to the Transparency
Act, Grantee shall report data elements to SAM and to the Prime Recipient as
required in this Exhibit. No direct payment shall be made to Grantee for providing
any reports required under these Federal Provisions and the cost of producing such
reports shall be included in the Contract/Grant price. The reporting requirements
in this Exhibit are based on guidance from the US Office of Management and
Budget (OMB), and as such are subject to change at any time by OMB. Any such
changes shall be automatically incorporated into this Contract/Grant and shall
become part of Contractor's/Grantee's obligations under this Contract/Grant.
6. Effective Date and Dollar Threshold for Reporting.
1.6 If the source of funding is a Grant, Reporting requirements in S7 below apply to
new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the
initial Award is below $30,000 but subsequent Award modifications result in a total
Award of $30,000 or more, the Award is subject to the reporting requirements as
of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but
funding is subsequently de -obligated such that the total award amount falls below
$30,000, the Award shall continue to be subject to the reporting requirements.
1.7 If the source of funding is not a Grant, Reporting requirements in S7 below apply
to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the
initial Award is below $25,000 but subsequent Award modifications result in a total
Award of $25,000 or more, the Award is subject to the reporting requirements as
of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but
funding is subsequently de -obligated such that the total award amount falls below
$25,000, the Award shall continue to be subject to the reporting requirements.
1.8 The procurement standards in S8 below are applicable to new Awards made by
Prime Recipient as of December 26, 2015. The standards set forth in S11 below are
applicable to audits of fiscal years beginning on or after December 26, 2014.
Supplemental Provisions for Federal Awards Page 8 of 15 Revised July 2024 / Acc 11.12.24
7. Subrecipient Reporting Requirements.
1.9 If Contractor/Grantee is a Subrecipient, Contractor/Grantee shall report as set
forth below.
1.10 To SAM. A Subrecipient shall report the following data elements in SAM for each
Federal Award Identification Number (FAIN) assigned by a Federal agency to a
Prime Recipient no later than the end of the month following the month in which
the Subaward was made:
1.10.1 Subrecipient UEI Number;
1.10.2 Subrecipient UEI Number if more than one electronic funds transfer
(EFT) account;
1.10.3 Subrecipient parent's organization UEI Number;
1.10.4 Subrecipient's address, including: Street Address, City, State, Country,
Zip (+ 4 if source of funding is a Grant or as otherwise directed per SAM
directives for proper reporting), and Congressional District;
1.10.5 Subrecipient's top 5 most highly compensated Executives if the criteria
in §4 above are met; and
1.10.6 Subrecipient's Total Compensation of top 5 most highly compensated
Executives if the criteria in S4 above met.
1.11 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the
effective date of the Contract/Grant, the following data elements:
1.11.1 Subrecipient's UEI Number as registered in SAM.
1.11.2 Primary Place of Performance Information, including: Street Address,
City, State, Country, Zip code + 4, and Congressional District.
8. Procurement Standards.
1.12 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.
1.13 If the source of funding is a Grant: Domestic preference for procurements (2 CFR
200.322). As appropriate and to the extent consistent with law, the non -Federal
entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must
be included in all subawards including all contracts and purchase orders for work
or products under this award.
1.14 Procurement of Recovered Materials. If a Subrecipient is a State Agency or an
agency of a political subdivision of the State, its contractors must comply with
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section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
9. Access to Records.
1.15 A Subrecipient shall permit Recipient/Prime Recipient and its auditors to have
access to Subrecipient's records and financial statements as necessary for
Recipient to meet the requirements of 2 CFR 200.311-200.332 (Requirements for
pass -through entities), 2 CFR 200.300 (Statutory and national policy requirements)
through 2 CFR 200.309 (Modification to period of performance), 2 CFR 200.337
(Access to Records) and Subpart F -Audit Requirements of the Uniform Guidance.
1.16 A Subrecipient must collect, transmit, and store information related to this
Subaward in open and machine-readable formats (2 CFR 200.336).
10. Single Audit Requirements.
1.17 If a Subrecipient expends $1,000,000 or more in Federal Awards during the
Subrecipient's fiscal year, the Subrecipient shall procure or arrange for a single or
program -specific audit conducted for that year in accordance with the provisions
of Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to the
Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
1.18 Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a
program -specific audit conducted in accordance with 2 CFR 200.507 (Program -
specific audits). The Subrecipient may elect to have a program -specific audit if
Subrecipient expends Federal Awards under only one Federal program (excluding
research and development) and the Federal program's statutes, regulations, or the
terms and conditions of the Federal award do not require a financial statement
audit of Prime Recipient. A program -specific audit may not be elected for research
and development unless all of the Federal Awards expended were received from
Recipient and Recipient approves in advance a program -specific audit.
1.19 Exemption. If a Subrecipient expends less than $1,000,000 in Federal Awards
during its fiscal year, the Subrecipient shall be exempt from Federal audit
requirements for that year, except as noted in 2 CFR 200.503 (Relation to other
audit requirements), but records shall be available for review or audit by
Supplemental Provisions for Federal Awards Page 10 of 15 Revised July 2024 / Acc 11.12.24
appropriate officials of the Federal agency, the State, and the Government
Accountability Office.
1.20 Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it
is properly performed and submitted when due in accordance with the Uniform
Guidance. Subrecipient shall prepare appropriate financial statements, including
the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510
(Financial statements) and provide the auditor with access to personnel, accounts,
books, records, supporting documentation, and other information as needed for
the auditor to perform the audit required by Uniform Guidance Subpart F -Audit
Requirements.
11. Contract/Grant Provisions for Subrecipient Contracts.
1.21 In addition to other provisions required by the Federal Awarding Agency or the
Prime Recipient, Contractors/Grantees that are Subrecipients shall comply with
the following provisions. Subrecipients shall include all of the following applicable
provisions in all subcontracts entered into by it pursuant to this Contract/Grant.
1.22 {Applicable to federally assisted construction contracts.} Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of "federally assisted construction contract" in 41 CFR Part 60-
1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive
Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and implementing regulations at 41 CFR part 60, Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor.
1.23 {Applicable to on -site employees working on government -funded construction,
alteration and repair projects.} Davis -Bacon Act. Davis -Bacon Act, as amended (40
U.S.C. 3141-3148).
1.24 Rights to Inventions Made Under a contract/grant or agreement. If the Federal
Award meets the definition of "funding agreement"/ "funding Contract" under 37
CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement,"/"funding
Contract", the Prime Recipient or Subrecipient must comply with the requirements
of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative
Supplemental Provisions for Federal Awards Page 11 of 15 Revised July 2024 / Acc 11.12.24
Agreements," and any implementing regulations issued by the Federal Awarding
Agency.
1.25 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess
of $150,000 must contain a provision that requires the non -Federal awardee(s) to
agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal Awarding Agency and the Regional Office of the
Environmental Protection Agency (EPA).
1.26 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
1.27 Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the non -Federal award.
1.28 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
during 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.
1.29 Prohibition on certain telecommunications and video surveillance equipment or
services (2 CFR 200.216). Grantee is prohibited from obligating or expending loan
or grant funds on certain telecommunications and video surveillance services or
equipment pursuant to 2 CFR 200.216.
Supplemental Provisions for Federal Awards Page 12 of 15 Revised July 2024 / Acc 11.12.24
1 30 Collection of Unallowable Costs (2CFR 200.410). Payments made for costs
determined to be unallowable by either the awarding Federal agency, cognizant
agency for indirect costs, or pass -through entity must be refunded with interest to
the Federal Government. Unless directed by Federal statute or regulation,
repayments must be made in accordance with the instructions provided by the
Federal agency or pass -through entity that made the allowability determination.
See SS 200.300 through 200.309, and 5200.346.
1.31 Whistle Blower Protections. An employee of a subrecipient must not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing
to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information
that the employee reasonably believes is evidence of gross mismanagement of a
Federal contract or grant, a gross waste of Federal funds, an abuse of authority
relating to a Federal contract or grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a Federal
contract (including the competition for or negotiation of a contract) or grant. The
subrecipient must inform their employees in writing of employee whistleblower
rights and protections under 41 U.S.C. 4712. See statutory requirements for
whistleblower protections at 10 U.S.C. 4701, 41 U.S.C. 4712, 41 U.S.C. 4304, and
10 U.S.C. 4310.
12. Certifications.
1.32 Unless prohibited by Federal statutes or regulations, Recipient/Prime Recipient
may require Subrecipient to submit certifications and representations required by
Federal statutes or regulations on an annual basis. 2 CFR 200.415. 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. If the required level of activity or effort was not carried out, the
amount of the Award must be adjusted.
13. Exemptions.
1.33 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.
1.34 A Contractor/Grantee with gross income from all sources of less than $300,000 in
the previous tax year is exempt from the requirements to report Subawards and
the Total Compensation of its most highly compensated Executives.
14. Event of Default and Termination.
1.35 Failure to comply with these Federal Provisions shall constitute an event of
default under the Contract/Grant and the State of Colorado may terminate the
Supplemental Provisions for Federal Awards Page 13 of 15 Revised July 2024 / Acc 11.12.24
Contract/Grant upon 30 days prior written notice if the default remains uncured
five calendar days following the termination of the 30 -day notice period. This
remedy will be in addition to any other remedy available to the State of Colorado
under the Contract/Grant, at law or in equity.
1.36 Termination (2 CFR 200.340). The Federal Award may be terminated in whole or
in part as follows:
1.36.1 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;
1.36.2 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;
1.36.3 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
1.36.4 By the Federal Awarding Agency or Pass -through Entity pursuant to
termination provisions included in the Federal Award.
15. Additional Terms re Payments to Grantee to Supplement Main
Terms in Contract.
1.37 Federal Recovery: The closeout of a Federal Award does not affect the right of
the Federal Awarding Agency or the State to disallow costs and recover funds on
the basis of a later audit or other review. Any cost disallowance recovery is to be
made within the Record Retention Period, as defined below.
1.38 Close -Out: Grantee shall close out this Award within 45 days after the Fund
Expenditure End Date shown on the Signature and Cover Page for this Agreement.
To complete closeout, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Agreement and Grantee's final reimbursement
request or invoice. The State will withhold 5% of allowable costs until all final
documentation has been submitted and accepted by the State as substantially
complete. If the Federal Awarding Agency has not closed this Federal Award within
one year and 90 days after the Fund Expenditure End Date shown on the Signature
and Cover Page for this Agreement due to Grantee's failure to submit required
Supplemental Provisions for Federal Awards Page 14 of 15 Revised July 2024 / Acc 11.12.24
documentation, then Grantee may be prohibited from applying for new Federal
Awards through the State until such documentation is submitted and accepted.
Exhibit End
Supplemental Provisions for Federal Awards Page 15 of 15 Revised July 2024 / Acc 11.12.24
ASCOLORADO
Flnandal Services
O.ovin�ern ,y HYmin. Sc.vra-
IX. UI PI*IP"(
Exhibit D - HIPAA Business Associate Agreement
This HIPAA Business Associate Agreement ("Agreement") between the State and Contractor is
agreed to in connection with, and as an exhibit to, the Contract. For purposes of this
Agreement, the State is referred to as "Covered Entity" and the Contractor is referred to as
"Business Associate". Unless the context clearly requires a distinction between the Contract
and this Agreement, all references to "Contract" shall include this Agreement.
1. Purpose
Covered Entity wishes to disclose information to Business Associate, which may include
Protected Health Information ("PHI"). The Parties intend to protect the privacy and security of
the disclosed PHI in compliance with the Health Insurance Portability and Accountability Act
of 1996 ("HIPAA"), Pub. L. No. 104-191 (1996) as amended by the Health Information
Technology for Economic and Clinical Health Act ("HITECH Act") enacted under the American
Recovery and Reinvestment Act of 2009 ("ARRA") Pub. L. No. 111-5 (2009), implementing
regulations promulgated by the U.S. Department of Health and Human Services at 45 C.F.R.
Parts 160, 162 and 164 (the "HIPAA Rules") and other applicable laws, as amended. Prior to
the disclosure of PHI, Covered Entity is required to enter into an agreement with Business
Associate containing specific requirements as set forth in, but not limited to, Title 45,
Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal Regulations ("C.F.R.")
and all other applicable laws and regulations, all as may be amended.
2. Definitions
The following terms used in this Agreement shall have the same meanings as in the HIPAA
Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations,
Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information,
Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health
Information, and Use.
The following terms used in this Agreement shall have the meanings set forth below:
A. Business Associate. "Business Associate" shall have the same meaning as the
term "business associate" at 45 C.F.R. 160.103, and shall refer to Contractor.
B. Covered Entity. "Covered Entity" shall have the same meaning as the term
"covered entity" at 45 C.F.R. 160.103, and shall refer to the State.
C. Information Technology and Information Security. "Information Technology"
and "Information Security" shall have the same meanings as the terms
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Financial Services
"information technology" and "information security", respectively, in 524-37.5-
102, C.R.S.
Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall
have the meanings ascribed to them in the Contract.
3. Obligations and Activities of Business Associate
A. Permitted Uses and Disclosures.
i. Business Associate shall use and disclose PHI only to accomplish Business
Associate's obligations under the Contract.
ii. To the extent Business Associate carries out one or more of Covered
Entity's obligations under Subpart E of 45 C.F.R. Part 164, Business
Associate shall comply with any and all requirements of Subpart E that
apply to Covered Entity in the performance of such obligation.
iii. Business Associate may disclose PHI to carry out the legal
responsibilities of Business Associate, provided, that the disclosure is
Required by Law or Business Associate obtains reasonable assurances
from the person to whom the information is disclosed that:
a. the information will remain confidential and will be used or
disclosed only as Required by Law or for the purpose for which
Business Associate originally disclosed the information to that
person, and;
b. the person notifies Business Associate of any Breach involving PHI
of which it is aware.
iv. Business Associate may provide Data Aggregation services relating to the
Health Care Operations of Covered Entity. Business Associate may de -
identify any or all PHI created or received by Business Associate under
this Agreement, provided the de -identification conforms to the
requirements of the HIPAA Rules.
B. Minimum Necessary. Business Associate, its Subcontractors and agents, shall
access, use, and disclose only the minimum amount of PHI necessary to
accomplish the objectives of the Contract, in accordance with the Minimum
Necessary Requirements of the HIPAA Rules including, but not limited to, 45
C.F.R. 164.502(b) and 164.514(d).
C. Impermissible Uses and Disclosures.
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FlORAnanelal servl e.000 O
i. Business Associate shall not disclose the PHI of Covered Entity to
another covered entity without the written authorization of Covered
Entity.
ii. Business Associate shall not share, use, disclose or make available any
Covered Entity PHI in any form via any medium with or to any person or
entity beyond the boundaries or jurisdiction of the United States
without express written authorization from Covered Entity.
D. Business Associate's Subcontractors.
i. Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii)
and 164.308(b)(2), ensure that any Subcontractors who create, receive,
maintain, or transmit PHI on behalf of Business Associate agree in
writing to the same restrictions, conditions, and requirements that
apply to Business Associate with respect to safeguarding PHI.
ii. Business Associate shall provide to Covered Entity, on Covered Entity's
request, a list of Subcontractors who have entered into any such
agreement with Business Associate.
iii. Business Associate shall provide to Covered Entity, on Covered Entity's
request, copies of any such agreements Business Associate has entered
into with Subcontractors.
E. Access to System. If Business Associate needs access to a Covered Entity
Information Technology system to comply with its obligations under the
Contract or this Agreement, Business Associate shall request, review, and
comply with any and all policies applicable to Covered Entity regarding such
system including, but not limited to, any policies promulgated by the Office of
Information Technology and available at http://oit.state.co.us/about/policies.
F. Access to PHI. Business Associate shall, within ten days of receiving a written
request from Covered Entity, make available PHI in a Designated Record Set to
Covered Entity as necessary to satisfy Covered Entity's obligations under 45
C.F.R. 164.524.
G. Amendment of PHI.
i. Business Associate shall within ten days of receiving a written request
from Covered Entity make any amendment to PHI in a Designated
Record Set as directed by or agreed to by Covered Entity pursuant to 45
C.F.R. 164.526, or take other measures as necessary to satisfy Covered
Entity's obligations under 45 C.F.R. 164.526.
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t9nanew seiwces
ii. Business Associate shall promptly forward to Covered Entity any request
for amendment of PHI that Business Associate receives directly from an
Individual.
H. Accounting Rights. Business Associate shall, within ten days of receiving a
written request from Covered Entity, maintain and make available to Covered
Entity the information necessary for Covered Entity to satisfy its obligations to
provide an accounting of Disclosure under 45 C.F.R. 164.528.
I. Restrictions and Confidential Communications.
i. Business Associate shall restrict the Use or Disclosure of an Individual's
PHI within ten days of notice from Covered Entity of:
a. a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R.
164.522; or
b. a request for confidential communication of PHI pursuant to 45
C.F.R. 164.522.
ii. Business Associate shall not respond directly to an Individual's requests
to restrict the Use or Disclosure of PHI or to send all communication of
PHI to an alternate address.
iii. Business Associate shall refer such requests to Covered Entity so that
Covered Entity can coordinate and prepare a timely response to the
requesting Individual and provide direction to Business Associate.
J. Governmental Access to Records. Business Associate shall make its facilities,
internal practices, books, records, and other sources of information, including
PHI, available to the Secretary for purposes of determining compliance with
the HIPAA Rules in accordance with 45 C.F.R. 160.310.
K. Audit, Inspection and Enforcement.
i. Business Associate shall obtain and update at least annually a written
assessment performed by an independent third party reasonably
acceptable to Covered Entity, which evaluates the Information Security
of the applications, infrastructure, and processes that interact with the
Covered Entity data Business Associate receives, manipulates, stores
and distributes. Upon request by Covered Entity, Business Associate
shall provide to Covered Entity the executive summary of the
assessment.
ii. Business Associate, upon the request of Covered Entity, shall fully
cooperate with Covered Entity's efforts to audit Business Associate's
compliance with applicable HIPAA Rules. If, through audit or
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inspection, Covered Entity determines that Business Associate's conduct
would result in violation of the HIPAA Rules or is in violation of the
Contract or this Agreement, Business Associate shall promptly remedy
any such violation and shall certify completion of its remedy in writing
to Covered Entity.
L. Appropriate Safeguards.
i. Business Associate shall use appropriate safeguards and comply with
Subpart C of 45 C.F.R. Part 164 with respect to electronic PHI to
prevent use or disclosure of PHI other than as provided in this
Agreement.
ii. Business Associate shall safeguard the PHI from tampering and
unauthorized disclosures.
iii. Business Associate shall maintain the confidentiality of passwords and
other data required for accessing this information.
iv. Business Associate shall extend protection beyond the initial
information obtained from Covered Entity to any databases or
collections of PHI containing information derived from the PHI. The
provisions of this section shall be in force unless PHI is de -identified in
conformance to the requirements of the HIPAA Rules.
M. Safeguard During Transmission.
i. Business Associate shall use reasonable and appropriate safeguards
including, without limitation, Information Security measures to ensure
that all transmissions of PHI are authorized and to prevent use or
disclosure of PHI other than as provided for by this Agreement.
ii. Business Associate shall not transmit PHI over the internet or any other
insecure or open communication channel unless the PHI is encrypted or
otherwise safeguarded with a FIPS-compliant encryption algorithm.
N. Reporting of Improper Use or Disclosure and Notification of Breach.
i. Business Associate shall, as soon as reasonably possible, but
immediately after discovery of a Breach, notify Covered Entity of any
use or disclosure of PHI not provided for by this Agreement, including a
Breach of Unsecured Protected Health Information as such notice is
required by 45 C.F.R. 164.410 or a breach for which notice is required
under 524-73-103, C.R.S.
ii. Such notice shall include the identification of each Individual whose
Unsecured Protected Health Information has been, or is reasonably
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believed by Business Associate to have been, accessed, acquired, or
disclosed during such Breach.
iii. Business Associate shall, as soon as reasonably possible, but
immediately after discovery of any Security Incident that does not
constitute a Breach, notify Covered Entity of such incident.
iv. Business Associate shall have the burden of demonstrating that all
notifications were made as required, including evidence demonstrating
the necessity of any delay.
O. Business Associate's Insurance and Notification Costs.
i. Business Associate shall bear all costs of a Breach response including,
without limitation, notifications, and shall maintain insurance to cover:
a. loss of PHI data;
b. Breach notification requirements specified in HIPAA Rules and in
S24-73-103, C.R.S.; and
c. claims based upon alleged violations of privacy rights through
improper use or disclosure of PHI.
ii. All such policies shall meet or exceed the minimum insurance
requirements of the Contract or otherwise as may be approved by
Covered Entity (e.g., occurrence basis, combined single dollar limits,
annual aggregate dollar limits, additional insured status, and notice of
cancellation).
iii. Business Associate shall provide Covered Entity a point of contact who
possesses relevant Information Security knowledge and is accessible 24
hours per day, 7 days per week to assist with incident handling.
iv. Business Associate, to the extent practicable, shall mitigate any harmful
effect known to Business Associate of a Use or Disclosure of PHI by
Business Associate in violation of this Agreement.
P. Subcontractors and Breaches.
i. Business Associate shall enter into a written agreement with each of its
Subcontractors and agents, who create, receive, maintain, or transmit
PHI on behalf of Business Associate. The agreements shall require such
Subcontractors and agents to report to Business Associate any use or
disclosure of PHI not provided for by this Agreement, including Security
Incidents and Breaches of Unsecured Protected Health Information, on
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the first day such Subcontractor or agent knows or should have known of
the Breach as required by 45 C.F.R. 164.410.
ii. Business Associate shall notify Covered Entity of any such report and
shall provide copies of any such agreements to Covered Entity on
request.
Q. Data Ownership.
i. Business Associate acknowledges that Business Associate has no
ownership rights with respect to the PHI.
ii. Upon request by Covered Entity, Business Associate immediately shall
provide Covered Entity with any keys to decrypt information that the
Business Association has encrypted and maintains in encrypted form, or
shall provide such information in unencrypted usable form.
R. Retention of PHI. Except upon termination of this Agreement as provided in
Section 5, below, Business Associate and its Subcontractors or agents shall
retain all PHI throughout the term of this Agreement, and shall continue to
maintain the accounting of disclosures required under Section 3.h, above, for a
period of six years.
4. Obligations of Covered Entity
A. Safeguards During Transmission. Covered Entity shall be responsible for using
appropriate safeguards including encryption of PHI, to maintain and ensure the
confidentiality, integrity, and security of PHI transmitted pursuant to this
Agreement, in accordance with the standards and requirements of the HIPAA
Rules.
A. Notice of Changes.
i. Covered Entity maintains a copy of its Notice of Privacy Practices on its
website. Covered Entity shalt provide Business Associate with any
changes in, or revocation of, permission to use or disclose PHI, to the
extent that it may affect Business Associate's permitted or required
uses or disclosures.
ii. Covered Entity shall notify Business Associate of any restriction on the
use or disclosure of PHI to which Covered Entity has agreed in
accordance with 45 C.F.R. 164.522, to the extent that it may affect
Business Associate's permitted use or disclosure of PHI.
5. Termination
A. Breach.
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i. In addition to any Contract provision regarding remedies for breach,
Covered Entity shall have the right, in the event of a breach by Business
Associate of any provision of this Agreement, to terminate immediately
the Contract, or this Agreement, or both.
ii. Subject to any directions from Covered Entity, upon termination of the
Contract, this Agreement, or both, Business Associate shall take timely,
reasonable, and necessary action to protect and preserve property in
the possession of Business Associate in which Covered Entity has an
interest.
B. Effect of Termination.
i. Upon termination of this Agreement for any reason, Business Associate,
at the option of Covered Entity, shall return or destroy all PHI that
Business Associate, its agents, or its Subcontractors maintain in any
form, and shall not retain any copies of such PHI.
ii. If Covered Entity directs Business Associate to destroy the PHI, Business
Associate shall certify in writing to Covered Entity that such PHI has
been destroyed.
iii. If Business Associate believes that returning or destroying the PHI is not
feasible, Business Associate shall promptly provide Covered Entity with
notice of the conditions making return or destruction infeasible.
Business Associate shall continue to extend the protections of Section 3
of this Agreement to such PHI, and shall limit further use of such PHI to
those purposes that make the return or destruction of such PHI
infeasible.
6. Injunctive Relief
Covered Entity and Business Associate agree that irreparable damage would occur in the
event Business Associate or any of its Subcontractors or agents use or disclosure of PHI in
violation of this Agreement, the HIPAA Rules or any applicable law. Covered Entity and
Business Associate further agree that money damages would not provide an adequate remedy
for such Breach. Accordingly, Covered Entity and Business Associate agree that Covered Entity
shall be entitled to injunctive relief, specific performance, and other equitable relief to
prevent or restrain any Breach or threatened Breach of and to enforce specifically the terms
and provisions of this Agreement.
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7. Limitation of Liability
Any provision in the Contract limiting Contractor's liability shall not apply to Business
Associate's liability under this Agreement, which shall not be limited.
8. Disclaimer
Covered Entity makes no warranty or representation that compliance by Business Associate
with this Agreement or the HIPAA Rules will be adequate or satisfactory for Business
Associate's own purposes. Business Associate is solely responsible for all decisions made and
actions taken by Business Associate regarding the safeguarding of PHI.
9. Certification
Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate's
Information Security practices. Covered Entity or its authorized agent or contractor shall have
the right to examine Business Associate's facilities, systems, procedures, and records, at
Covered Entity's expense, if Covered Entity determines that examination is necessary to
certify that Business Associate's Information Security safeguards comply with the HIPAA Rules
or this Agreement.
10. Amendment
A. Amendment to Comply with Law. The Parties acknowledge that state and
federal laws and regulations relating to data security and privacy are rapidly
evolving and that amendment of this Agreement may be required to provide
procedures to ensure compliance with such developments.
i. In the event of any change to state or federal laws and regulations
relating to data security and privacy affecting this Agreement, the
Parties shall take such action as is necessary to implement the changes
to the standards and requirements of HIPAA, the HIPAA Rules and other
applicable rules relating to the confidentiality, integrity, availability
and security of PHI with respect to this Agreement.
ii. Business Associate shall provide to Covered Entity written assurance
satisfactory to Covered Entity that Business Associate shall adequately
safeguard all PHI, and obtain written assurance satisfactory to Covered
Entity from Business Associate's Subcontractors and agents that they
shall adequately safeguard all PHI.
iii. Upon the request of either Party, the other Party promptly shall
negotiate in good faith the terms of an amendment to the Contract
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embodying written assurances consistent with the standards and
requirements of HIPAA, the HIPAA Rules, or other applicable rules.
iv. Covered Entity may terminate this Agreement upon 30 days' prior
written notice in the event that:
a. Business Associate does not promptly enter into negotiations to
amend the Contract and this Agreement when requested by
Covered Entity pursuant to this Section; or
b. Business Associate does not enter into an amendment to the
Contract and this Agreement, which provides assurances
regarding the safeguarding of PHI sufficient, in Covered Entity's
sole discretion, to satisfy the standards and requirements of the
HIPAA, the HIPAA Rules and applicable law.
B. Amendment of Appendix. The Appendix to this Agreement may be modified or
amended by the mutual written agreement of the Parties, without amendment
of this Agreement. Any modified or amended Appendix agreed to in writing by
the Parties shall supersede and replace any prior version of the Appendix.
11. Assistance in Litigation or Administrative Proceedings
Covered Entity shall provide written notice to Business Associate if litigation or administrative
proceeding is commenced against Covered Entity, its directors, officers, or employees, based
on a claimed violation by Business Associate of HIPAA, the HIPAA Rules or other laws relating
to security and privacy or PHI. Upon receipt of such notice and to the extent requested by
Covered Entity, Business Associate shall, and shall cause its employees, Subcontractors, or
agents assisting Business Associate in the performance of its obligations under the Contract
to, assist Covered Entity in the defense of such litigation or proceedings. Business Associate
shall, and shall cause its employees, Subcontractor's and agents to, provide assistance, to
Covered Entity, which may include testifying as a witness at such proceedings. Business
Associate or any of its employees, Subcontractors or agents shall not be required to provide
such assistance if Business Associate is a named adverse party.
12. Interpretation and Order of Precedence
Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is
consistent with the HIPAA Rules. In the event of an inconsistency between the Contract and
this Agreement, this Agreement shall control. This Agreement supersedes and replaces any
previous, separately executed HIPAA business associate agreement between the Parties.
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13. Survival
Provisions of this Agreement requiring continued performance, compliance, or effect after
termination shall survive termination of this contract or this agreement and shall be
enforceable by Covered Entity.
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Division et Con[raRs an
Appendix to HIPAA Business Associate Agreement
This Appendix ("Appendix") to the HIPAA Business Associate Agreement ("Agreement") is s an
appendix to the Contract and the Agreement. For the purposes of this Appendix, defined
terms shall have the meanings ascribed to them in the Agreement and the Contract. Unless
the context clearly requires a distinction between the Contract, the Agreement, and this
Appendix, all references to "Contract" or "Agreement" shall include this Appendix.
1. Purpose
This Appendix sets forth additional terms to the Agreement. Any sub -section of this Appendix
marked as "Reserved" shall be construed as setting forth no additional terms.
2. Additional Terms
C. Additional Permitted Uses. In addition to those purposes set forth in the
Agreement, Business Associate may use PHI for the following additional
purposes:
i. Reserved.
D. Additional Permitted Disclosures. In addition to those purposes set forth in
the Agreement, Business Associate may disclose PHI for the following additional
purposes:
i. Reserved.
E. Approved Subcontractors. Covered Entity agrees that the following
Subcontractors or agents of Business Associate may receive PHI under the
Agreement:
i. Reserved.
F. Definition of Receipt of PHI. Business Associate's receipt of PHI under this
Contract shall be deemed to occur, and Business Associate's obligations under
the Agreement shall commence, as follows:
i. Reserved.
G. Additional Restrictions on Business Associate. Business Associate agrees to
comply with the following additional restrictions on Business Associate's use
and disclosure of PHI under the Contract:
i. Reserved.
H. Additional Terms. Business Associate agrees to comply with the following
additional terms under the Agreement:
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i. Reserved.
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Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
Harris - CDHS She Her, Amy <amy.harris@state.co.us>
Monday, June 2, 2025 10:41 AM
BOCC Contracts
Hayes - CDHS, Rochelle; Meredith Skoglund; Kelly Morrison; Tracy Arpin; Tanya Geiser;
Lennie Bottorff; Dawn McIntosh; John Kruse; Tami Grant; Donnica Fagan; Jamie Ulrich;
HS -Contract Management; Laura Strother - CDHS She Her
Re: Region 2B Executed Contract AAA Title III & Title VII SFY 2026
This Message is From an External Sender
This email was sent by someone outside Weld County Govemment. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Correct, we do not need a signature from Phil Weiser.
Amy C. Harris, J.D.
Contract and Grant Specialist
State Unit on Aging
Pronouns: She/Her/Hers
P:720-454-3346
1575 Sherman Street, Denver, CO 80203
amy.harris@state.co.us I www.colorado.Qov/cdhs
On Mon, Jun 2, 2025 at 10:24 AM BOCC Contracts <BOCC-ContractsPweld.gov> wrote:
Good morning, Rochelle,
The State's General Attorney / Assistant Attorney General signature/s is/are not reflected on the attached sent
this morning that is indicated to be executed. Can you please confirm there is no need for there to a signature
from Philip J. Weiser?
Kindly,
Contract Fora
Entity Information
Entity Name* Entity ID*
COLORADO DEPARTMENT OF @00003650
HUMAN SERVICES
Q New Entity?
Contract Name* Contract ID
COLORADO DEPARTMENT OF HUMAN SERVICES 9397
(CONTRACT 26 IHEA 197073)
Contract Status
CTB REVIEW
Contract Lead*
SADAMS
Contract Lead Email
sadams@weld.gov;cobbx
xlk@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
STATE OF COLORADO CONTRACT FOR AREA AGENCY ON AGING OLDER AMERICANS ACT SERVICES. TERM:
07/01/25-06/30/26. AMOUNT: $2,270,288.00
Contract Description 2
PA ROUTING THROUGH THE NORMAL PROCESS. ETA TO CTB IS 5/6/2025.
Contract Type*
CONTRACT
Amount*
$2,270,288.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department Requested BOCC Agenda Due Date
HUMAN SERVICES Date* 05/17/2025
05/21/2025
Department Email
CM-
HumanServices@weld.gov
Department Head Email
CM-HumanServices-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
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*
04/30/2026
Committed Delivery Date
Renewal Date
Expiration Date*
06/30/2026
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 RUSTY WILLIAMS BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
05/12/2025 05/13/2025 05/13/2025
Final Approval
BOCC Approved Tyler Ref #
AG 052125
BOCC Signed Date Originator
SADAMS
BOCC Agenda Date
05/21/2025
Hello